HomeMy WebLinkAbout1/11/2000 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JANUARY 11, 2000
RESOLUTION 011100-1 OF APPRECIATION TO BOB L. JOHNSON FOR HIS
SERVICE AS CHAIRMAN OF THE BOARD OF SUPERVISORS IN 1999
WHEREAS, Bob L. Johnson served as Chairman of the Roanoke County Board
of Supervisors during 1999; and
WHEREAS, during Mr. Johnson's term as Chairman, the County achieved a
variety of accomplishments, including:
■ Negotiation of a joint water use contract with the City of Roanoke,
enabling the governments to tie the two water systems together for the
benefit of all Valley citizens
■ Creation of the Regional Juvenile Detention Commission, bringing
together funding from local governments and the state to begin
construction of improvements and upgrades to the Coyner Springs
Juvenile Detention Facility
■ Adoption of an updated and far reaching Community Plan to assist in
achieving the goals of protecting the environment and quality of life for the
citizens of the County
■ Opening of the first interjurisdictional greenway in the Roanoke Valley at
Hanging Rock, created through a partnership with the City of Salem and
the Hanging Rock Battlefield Association
■ Groundbreaking for the first regional fire training facility in the Valley,
located at the County's Kessler Mill Road facility, which will serve not only
the Valley jurisdictions, but training needs for all of Southwest Virginia
Completion of the preliminary engineering concept plan for site
development of a 457 acre tract in West County known as the Roanoke
County Center for Research and Technology, which will become a premier
technology park.
Moved forward on other economic development projects including the
Blue Ridge Parkway Interpretive Center, McDonald Farm, Advance Auto
Parts, Dragon Chemical, Salem Vent, and Lincra, USA
WHEREAS, Mr. Johnson worked diligently during his term to represent all the
citizens of Roanoke County and to promote regional projects which would benefit all the
residents of the Roanoke Valley.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, does hereby extend its deepest appreciation to Bob L.
Johnson for his service as Chairman during 1999 and for his belief in democracy and
participation by citizens in local government.
On motion of Supervisor Minnix to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Johnson, Minnix, Church, McNamara
NAYS: None
ABSENT: Supervisor Nickens
A COPY TESTE:
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
cc: File
Resolutions of Appreciation File
2
A-011100-2
ACTION NO.
ITEM NUMBER
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: January 11, 2000
AGENDA ITEM: Appointments of Board Members to Committees, Commissions
and Boards for 2000
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Attached is a list of the 1999 Committee Assignments with the following exceptions:
(1) The appointments specific to the chairman and vice chairman are now listed under
Chairman McNamara and Vice Chairman Minnix's name; and (2) The appointments of
former Supervisor Harrison are listed as vacant.
At this time, the Board of Supervisors may make any modifications they wish. Many
of the appointments are for specific terms and those appointments should be made at the
expiration of the terms, although the Board may also make changes to these appointments
if they desire.
Several new committees were added during 1998 and 1999. Supervisor Joseph
McNamara was appointed to the School Construction Committee. Supervisors Bob
Johnson and Harry Nickens were appointed to the Joint School Construction Advisory
Committee, and Supervisor McNamara serves as alternate. Supervisor Johnson was
appointed to serve on the Virginia's First Regional Industrial Facilities Authority and
Supervisor Harrison was appointed as alternate.
Listed below is information about several of the Committees:
Liaisons to the Virginia Association of Counties
In 1994, VACo requested that a member of the governing body be appointed to interact
directly with VACo regarding legislative matters. At a 1994 meeting, The Board
recommended that the Vice Chairman of the Board of Supervisors serve in this capacity.
However, any Board member may be appointed.
In 1992, VACo requested that a member of the governing body be appointed to work
directly with the regional representative on the VACo Board of Directors. The Chairman
has served in this capacity for several years, but any Board member may be appointed.
Roanoke Valley Economic Development Partnership
The Chairman of the Board of Supervisors serves on this organization. Therefore
Chairman McNamara should be appointed to this position.
Roanoke County Cable Television Committee
This is similar to the Roanoke Valley Cable Television Committee and the same members
serve with the addition of the Supervisor who represents the Catawba Magisterial District,
the primary area served by Adelphia Cable TV.
STAFF RECOMMENDATION:
It is recommended that the Board approve the Board of Supervisors appointments
for calendar year 2000.
Submitted by:
Mary H. Allen, CMC/AAE
Clerk to the Board
Approved (x)
Denied ( )
Received ( )
Referred ( )
To ( )
ACTION
Approved by:
�� )4/v�
Elmer C. Hodge
County Administrator
Motion by: See Motion below
VOTE
No Yes Absent
Church _ x _
Harrison _ x _
McNamara_ x
Minnix _ x
Nickens _ _ x
SUPERVISOR MCNAMARA MOTION TO APPROVE BOARD
APPOINTMENTS WITH FOLLOWING CHANGES: (1) SUPERVISOR
CHURCH WILL FILL ALL APPOINTMENTS VACATED BY FORMER
SUPERVISOR FENTON, (2) SUPERVISOR MINNIX ADDED LEWIS
GALE BIO -ETHICS COMMITTEE TO HIS APPOINTMENTS (3) THE
JOINT SCHOOL CONSTRUCTION ADVISORY COMMITTEE WAS
DISBANDED; (4) SUPERVISOR CHURCH WAS APPOINTED TO THE
REGIONAL WATER SUPPLY POLICY COMMITTEE: AND (5) THE 5T"
PLANNING DISTRICT COMMISSION NAME SHOULD BE CHANGED TO
THE ROANOKE VALLEY-ALLEGHANY REGIONAL COMMISSION.
cc: File
Committee Book
BOARD OF SUPERVISORS COMMITTEE ASSIGNMENTS
2000
JOSEPH B. CHURCH
-- Roanoke Valley -Alleghany Regional Commission (3 -year term expires 6/30/2001)
-- Roanoke Valley -Alleghany Regional Commission Metropolitan Planning
Organization (3 -year term expires 7/1/2002)
-- Roanoke County Cable Television Committee (Representing Catawba District)
-- Virginia's First Regional Industrial Facilities Authority - alternate (4-yearterm expires
9/24/2002)
Roanoke Valley -Alleghany Regional Commission Water Supply Policy Committee
BOB L. JOHNSON
-- Total Action Against Poverty Board of Directors (2 -year term expires 5/5/2000. BLJ
appointed Mrs. Elizabeth Stokes as his designee.)
-- Virginia's First Regional Industrial Facilities Authority (4 -year term expires
9/24/2002)
JOSEPH MCNAMARA
-- Roanoke Valley Economic Development Partnership (As Chairman
-- Virginia Association of Counties Liaison (As Chairman
-- Urban Partnership (As Chairman
-- Audit Committee
-- Clean Valley Council (2 -year term expires 6/30/2001)
-- Roanoke Valley -Alleghany Regional Commission (3 -year term expires 6/30/2002)
-- School Construction Committee (appointed by the Board of Supervisors on January
13, 1998)
-- Joint School Construction Advisory Committee (Alternate)
-- Roanoke Valley -Alleghany Regional Commission Metropolitan Planning
Organization (3 -year term expires 7/1/2002)
H. ODELL MINNIX
-- Virginia Association of Counties Legislative Liaison (As Vice -Chairman)
-- Audit Committee
-- Social Services Advisory Board (4 -year term expires 8/1/2002)
-- Metropolitan Planning Organization (3 -year term expires 7/1/2002)
-- Lewis Gale Hospital Bio -ethics Committee
HARRY C. NICKENS
-- Roanoke Valley Regional Cable Television Committee
-- Roanoke County Cable Television Committee
-- Virginia Association of Counties Region 9 Director (elected by VACo)
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JANUARY 11 , 2000
RESOLUTION 011100-3 SUPPORTING ADDITIONAL STATE FUNDING
FOR LAND CONSERVATION IN THE COMMONWEALTH OF VIRGINIA
WHEREAS, THE Commonwealth of Virginia's lands are rich in scenic, natural,
agricultural, forest and recreational resources, and is rapidly losing these irreplaceable
resources to competing land uses, and
WHEREAS, the County of Roanoke desires to protect the Commonwealth's farm
and forest resources base, its open space, its natural resources, including its drinking water
supply watershed and natural habitats and historic sites; and
WHEREAS, the County of Roanoke lost 3.493 acres of its productive farmland
declining from 20,271 acres in 1987 down to 16.778 acres in 1997, according to an
Agricultural Census; and
WHEREAS, conserving these resources is critical to Virginia's economy and the
health and well-being of her citizens; and
WHEREAS, Virginia currently does not have a stable and adequate source of funds
to secure long-term conservation and protection of theses lands and resources; and
WHEREAS, the Virginia Land Conservation Foundation, the appropriate mechanism
for receiving and expending funds for land conservation, is empowered to provide matching
funds to localities to assist in purchase of conservation easements and other land
conservation needs; and
NOW, THEREFORE BE IS RESOLVED that the Board of Supervisors of Roanoke
County, Virginia supports additional funding from the Commonwealth of Virginia to carry
1
out the mission of the Virginia Land Conservation Foundation; and
BE IT FURTHER RESOLVED, that the Board of Supervisors endorses efforts taken
by the Governor and the General Assembly to increase funding for conservation purposes
in the year 2000.
On motion of Supervisor Johnson to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Johnson, Minnix, Church
NAYS: Supervisor McNamara
ABSENT: Supervisor Nickens
A COPY TESTE:
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
cc: File
George Kegley, Board Member, Preservation Alliance of Virginia
Paul M. Mahoney, County Attorney
The Honorable James S. Gilmore, III
The Honorable John S. Edwards
The Honorable Malfourd W. "Bo" Trumbo
The Honorable H. Morgan Griffith
The Honorable Clifton "Chip" Woodrum
The Honorable C. Richard Cranwell
The Honorable A. Victor Thomas
2
A-011100-4
ACTION NUMBER
ITEM NUMBER E-3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: January 11, 2000
SUBJECT: Request to change meeting date in February from February 22 to
February 29, 2000
SUMMARY OF INFORMATION:
Supervisor McNamara requested that the meeting date in February be moved from
February 22 to February 29, 2000. He asked that Clerk Mary Allen notify the appropriate
people of the revised date. Supervisor Johnson asked that Supervisor Nickens who was
absent at this meeting be informed of the change in the date in case he had a conflict on
that date.
----------------------------------------------------------------------------------------------------------
ACTION VOTE
No. Yes Absent
Approved (x) Motion by: Supervisor McNamara moved Church _ x
Denied () to change the meeting date from 2/22 to Johnson _ x
Received () 2/29/00 McNamara_ x
Referred () Minnix _ x
To () Nickens — _ x
cc: File
County staff by e-mail
Posted notices
1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JANUARY 11, 2000
ORDINANCE 011100-5 EXTENDING THE FRANCHISE OF
BLACKSBURG/SALEM CABLEVISION , INC. D/B/A SALEM CABLE TV
TO OPERATE A CABLE TELEVISION SYSTEM IN ROANOKE COUNTY
FOR A PERIOD OF 90 DAYS
WHEREAS, Blacksburg/Salem Cablevision, d/b/a Salem Cable TV, a wholly owned
subsidiary of Adelphia Communications Corporation, currently holds a franchise granted
by the Board of Supervisors of Roanoke County, Virginia, to operate a cable television
system within portions of Roanoke County which franchise expired on October 4, 1999, and
was extended for a period of ninety (90) days by action of the Board of Supervisors on
September 28, 1999; and
WHEREAS, negotiations are currently under way between Blacksburg/Salem
Cablevision, Inc., d/b/a Salem Cable TV, and the County of Roanoke for the renewal of this
franchise agreement, which negotiations may not be concluded sufficiently prior to such
date to permit adoption of a new franchise agreement by the Board of Supervisors of
the County of Roanoke prior to the expiration of the current franchise agreement on or
about January 2, 2000; and
WHEREAS, Blacksburg/Salem Cablevision, Inc., d/b/a Salem Cable TV, is
prohibited by federal law from operating a cable television system within any jurisdiction
without a franchise agreement or extension as defined by federal law; and
WHEREAS, the first reading of this ordinance was held on December 21, 1999, and
the second reading of this ordinance was held on January 11, 2000.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That in order to permit Blacksburg/Salem Cablevision, Inc., d/b/a Salem
Cable TV, to continue to operate a cable television franchise within the territorial limits of
Roanoke County, Virginia, after January 2, 2000, and to prevent any interruption of cable
television services to customers of Salem Cable TV, the franchise of Blacksburg/ Salem
Cablevision, Inc., d/b/a Salem Cable TV, for the operation of a cable television system
within Roanoke County, Virginia, is hereby extended for a period of ninety (90) days
beginning at 12:00, midnight, on January 2, 2000, under the same terms and conditions as
contained in the existing franchise agreement originally granted by the Board of
Supervisors of Roanoke County, Virginia, to Booth American Company, d/b/a Salem Cable
TV, in October, 1994, and subsequently transferred to Blacksburg/Salem Cablevision, Inc.,
d/b/a Salem Cable TV, as of April, 1997.
2. This ordinance shall be in full force and effect from its passage.
On motion of Supervisor Church to adopt the ordinance, and carried by the following
recorded vote:
AYES: Supervisors Johnson, Minnix, Church, McNamara
NAYS: None
ABSENT: Supervisor Nickens
A COPY TESTE:
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
cc: File
Joseph B. Obenshain, Senior Assistant County Attorney
2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JANUARY 11, 2000
ORDINANCE 011100-6 AUTHORIZING THE ACQUISITION OF A
SANITARY SEWER EASEMENT FROM JORGE E. PARROTT IN
CONNECTION WITH THE SANITARY SEWER PROJECT FOR THE
ROANOKE COUNTY CENTER FOR RESEARCH AND TECHNOLOGY
WHEREAS, in connection with the development of the Roanoke County Center for
Research and Technology, it is necessary to acquire an easement to provide a sanitary
sewer system to the site; and,
WHEREAS, Jorge E. Parrott is the owner of a 6.78 -acre parcel of land along U. S.
Route 11/460, designated on the Roanoke County Land Records as Tax Map No. 64.02-2-
12; and,
WHEREAS, a permanent sanitary sewer easement is required across the Parrott
property for this project; and,
WHEREAS, staff has negotiated with the property owner for the acquisition of said
easement and the owner has agreed to accept the sum of $150.00 for the necessary
easement; and,
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition of real estate be accomplished by ordinance; the first reading of this ordinance
was held on December 21, 1999, and the second reading was held on January 11, 2000.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA, as follows:
1. That the acquisition and acceptance of a permanent sanitary sewer easement,
twenty feet (20') in width, and consisting of 1,273 square feet, along U. S. Route 11/460 in
the Catawba Magisterial District, across the property of Jorge E. Parrott, designated on the
Roanoke County Land Records as Tax Map No. 64.02-2-12, for the sum of $150.00 is
hereby authorized and approved.
2. That the funds for this acquisition and related costs shall be paid out of the
funds previously appropriated to this project in the Capital Improvement Fund.
3. That the County Administrator or an Assistant County Administrator is
authorized to execute such documents and take such actions on behalf of Roanoke County
in this matter as may be necessary to accomplish the acquisition of this property, all of
which shall be approved as to form by the County Attorney.
4. That this ordinance shall be effective on and from the date of its adoption.
On motion of Supervisor McNamara to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Johnson, Minnix, Church, McNamara
NAYS: None
ABSENT: Supervisor Nickens
A COPY TESTE:
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
cc: File
Gary Robertson, Director, General Services
Melinda Cox, Economic Development Specialist
Arnold Covey, Director, Community Development
John W. Birckhead, Director, Real Estate Assessment
Vickie L. Huffman, Assistant County Attorney
0
A-011100-7
ACTION NUMBER
ITEM NUMBER S-1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: January 11, 2000
SUBJECT: Confirmation of Committee appointment to Roanoke County Planning
Commission
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION
Roanoke Counly Planning Commission
At the January 11, 2000 Board of Supervisors meeting, Supervisor Johnson
nominated William Todd Ross to serve another four year term representing the
Hollins District. His term will expire December 31, 2003.
STAFF RECOMMENDATION:
It is recommended that the above appointment be confirmed by the Board of
Supervisors.
Respectfully submitted, Approved by,
Mary H. Allen, CMC/AAE Elmer C. Hodge
Clerk to the Board County Administrator
ACTION VOTE
No. Yes Absent
Approved (x) Motion by: Supervisor Johnson moved Church — x _
Denied () that Mr. Todd be reappointed Johnson _ x _
Received () McNamara_ x _
Referred () Minnix _ x _
To () Nickens _ — x
cc: File
Roanoke County Planning Commission File
1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JANUARY 11, 2000
RESOLUTION 011100-8 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA
FOR THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. that the certain section of the agenda of the Board of Supervisors for
January 11, 2000, designated as Item J - Consent Agenda be, and hereby is, approved
and concurred in as to each item separately set forth in said section designated Items 1
through 13, inclusive, as follows:
1. Donation of storm drainage easement on property owned by Elizabeth
Barber in the Windsor Hills Magisterial District.
2. Request for acceptance of Harmon Circle, Slusser Lane and a portion of
Stokes Drive into the Virginia Department of Transportation Secondary
System.
3. Resolution of Appreciation upon the retirement of Merry S. McKissick.
4. Request from Schools for acceptance of $141,091 Title VI B Flow through
grant funds for children with disabilities.
5. Request from Schools for acceptance of $2,494 Refugee Children School
Impact Grant.
6. Request from Schools for acceptance of $4,047 grant funds for preschool
children.
7. Request from Schools for acceptance of $836.71 grant funds for Goals
2000: Educate America, for inservice training.
8. Request from Schools for acceptance of $32,834.34 grant funds for Goals
2000: Educate America, for purchasing instructional computers.
9. Request from Schools for acceptance of $89,014.80 Universal Service
Fund Grant for purchase of technology equipment.
10. Request from Schools for appropriation of $9,976.29 for the dual
enrollment program.
11. Request from Sheriff's Office to accept a $12,700 federal grant approved
under the Bulletproof Vest Partnership Grant Act of 1998.
12. Request for acceptance of the remaining portion of Bloomfield Avenue into
the Virginia Department of Transportation Secondary System.
13. Ratification of amended performance agreement to expand Advance Store
headquarters.
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.
On motion of Supervisor Johnson to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Johnson, Minnix, Church, McNamara
NAYS: None
ABSENT: Supervisor Nickens
A COPY TESTE:
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
cc: File
Arnold Covey, Director, Community Development
Gary Robertson, Director, Utility
John W. Birckhead, Director, Real Estate Assessment
Paul M. Mahoney, County Attorney
Dr. Carol Whitaker, Director, Pupil Personnel Services and Special Education
Diane D. Hyatt, Director, Finance
Dr. Linda Weber, School Superintendent
Garland Life, Senior Director of Instruction
Brenda Chastain, Clerk, School Board
Dr. Jane James, Director of Technology
Lorraine S. Lange, Associate Director of Instruction
Gerald S. Holt, Sheriff
Joyce Waugh, Assistant Director, Economic Development
A-011100-8 . a
ACTION NO.
ITEM NO.-�
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: January 11, 2000
AGENDA ITEM: DONATION OF STORM DRAINAGE EASEMENT ON PROPERTY
OWNED BY ELIZABETH S. BARBER (TAX MAP NO. 76.08-06-32)
IN THE WINDSOR HILLS MAGISTERIAL DISTRICT TO THE BOARD
OF SUPERVISORS OF ROANOKE COUNTY.
This consent agenda item involves acceptance of the following easement conveyed
to the Board of Supervisors for storm drainage purposes in connection with
Drainage Project P-193, Wynmere Subdivision, Windsor Hills Magisterial District of
the County of Roanoke:
a) Donation of storm drainage easement, of variable width, from Elizabeth S.
Barber, property owner, (Tax Map No. 76.08-06-32) as shown on the map
attached hereto (Exhibit "A").
The County's engineering staff has reviewed and approved the location and
dimension of this easement.
Staff recommends acceptance of these easements.
a BMITTED BY: APPROVED BY:
1
Ar t Covey, Director Elmer C. Hodge
Department of Community Develo ment County Administrator
Approved (x)
Denied ( )
Received ( )
Referred ( )
To ( )
ACTION
Motion by: Bob L. Johnson to approve
cc: File
Arnold Covey, Director, Community Development
Gary Robertson, Director, Utility
John W. Birckhead, Director, Real Estate Assessment
Paul M. Mahoney, County Attorney
K
VOTE
No Yes Absent
Church _ x
Harrison _ x
McNamara_ x
Minnix _ x _
Nickens x
�-1
Prepared by Martin, Hopkins & Lemon
P. O. Box 13366
Roanoke, Virginia 24033
Exemption Claimed: Grantee is exempted from recordation
taxes and fees pursuant to S 58.1-811A(3), Code of
Virginia.
Tax Map No.: 76.08-06-32
Property Owners: Elizabeth S. Barber
THIS DEED OF EASEMENT, made this day of
, by and between ELIZABETH S.
BARBER, formerly known of record as Elizabeth S. Weaver,
("Grantor") and the BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA ("Grantee").
: W I T N E S S E T H:
WHEREAS, by deed dated December 18, 1992, of record in the
Clerk's Office, Roanoke County Circuit Court, Elizabeth S.
Weaver obtained title to the property described therein; and
WHEREAS, by Final Decree of Divorce dated December 29,
1992, and recorded in the aforesaid Clerk's Office in Deed Book
1389, page 1745, Elizabeth S. Weaver resumed the use of her
former name, Elizabeth S. Barber.
NOW, THEREFORE, for and in consideration of the sum of One
Dollar ($1.00), paid in hand at and with the execution and
delivery of this Deed of Easement, and other good and valuable
consideration, the receipt, adequacy and sufficiency of which
is hereby acknowledged, the Grantor does hereby GRANT and
CONVEY with General Warranty and Modern English Covenants of
Martin, II
Hopkins &
Lemon, P.C. 1
Title unto the Grantee, its successors and assigns, the
following described easement, to -wit:
A perpetual RIGHT and EASEMENT, 5 feet in width, to
construct, operate, maintain, inspect and repair or
replace a drainage system and related improvements
including slope(s), if applicable, together with the
right of ingress and egress thereto from a public
road, upon, over, under, and across a tract or
parcel of land belonging to the Grantor, acquired by
deed dated December 18, 1992, and recorded in the
Clerk's Office of the Circuit Court of Roanoke
County, Virginia, in Deed Book 1388, page 1191, and
designated on the Roanoke County Land Records as Tax
Map No. 76.08-06-32 (the "Property"). The location
of said easement is more particularly described on
the plat attached hereto as "Exhibit All and by this
reference made a part hereof (the "Plat").
The Grantee agrees to restore and repair any actual damage
to Grantor's Property which may be directly caused by the
construction, reconstruction, or maintenance of said project
except as hereinafter provided. The Grantor agrees that the
Grantee will not be expected to restore the Property to the
identical original condition, but rather as near thereto as is
practicable, and that the Grantor will cooperate with the
Grantee in effectuating such restoration.
It is expressly agreed between the parties hereto that the
Grantee and its agents shall have the right to inspect the
easement herein granted and to cut, clear, and remove all
undergrowth, obstructions, or improvements lying within, upon,
or adjacent to said easement, that in any way endanger or
interfere with the proper use of the same. The Grantor
covenants that no building or structure shall be erected upon
or within the easement herein granted or placed in such
Martin, II
Hopkins &
Lemon, P.C. 2
,S i
location as to render said easement inaccessible. In the event
that this covenant is violated, the Grantee shall not be
obligated to repair, replace, or otherwise be responsible for
such improvements if damaged or removed.
The Grantor acknowledges that the plans for the aforesaid
project as they affect the Property have been fully explained
to Grantor or Grantor's authorized representative. The
fixtures, facilities, lines, utilities, and any other
improvements placed upon, under, or across the Property by the
Grantee shall remain the property of the Grantee. The easement
herein granted is in addition to, and not in lieu of, any
easement or right-of-way now in existence or which may be
acquired in the future.
The Grantor covenants and agrees for themselves, and for
their heirs, successors, successors in title, executors, legal
representatives and assigns that the consideration
aforementioned and the covenants herein shall be in lieu of any
and all claims to compensation and damages by reason of the
location, construction, operation, maintenance, or
reconstruction of or within the easement herein granted.
The grant and provision of this Deed of Easement shall
constitute a covenant running with the land for the benefit of
the Grantee, its successors and assigns forever.
To have and to hold unto the Grantee, its successors and
assigns forever.
Martin, II
Hopkins & 3
Lemon, P.C.
Elmer C. Hodge, County Administrator of Roanoke County,
Virginia, hereby joins in the execution of this instrument to
signify the acceptance by said Board of Supervisors of the real
estate conveyed herein pursuant to Ordinance No.
adopted by the Board of Supervisors of Roanoke County,
Virginia, on the day of , 199
WITNESS the following signatures and seals:
r
G TOR:
(SEAL)
E1' abeth S. Barber, formerly
known of record as Elizabeth
S. Weaver
Martin, II
Hopkins & 4
Lemon, P.C.
STATE OF _
COUNTY/ -C '
S�
to -wit:
The foregoing �;tment was acknowledged beforeme
9 this
16- /5 day of 1(J
Elizabeth S. Barber, formerly known of record as Elizabeth S.
Weaver.
tary Pu lic
r
My commission expires:
dool
Approved as to form: BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA
"4T - By: (SEAL)
Martin, Hopkins & Lemon, P.C. Elmer C. Hodge
STATE OF VIRGINIA,
COUNTY/CITY OF ROANOKE, to -wit:
The foregoing instrument was acknowledged before me this
day of I by
Elmer C. Hodge, County Administrator, on behalf of the Board of
Supervisors of Roanoke County, Virginia.
Notary Public
My commission expires:
Martin. II
Hopkins & 5
Lemon. P.C.
METES AND BOUNDS DESCRIPTIONS SHOWN ON THIS PLAT REPRESENT A
COMPOSITE OF DEEDS, PLATS, AND CALCULATED INFORMATION AND DO NOT REFLECT
AN ACCURATE BOUNDARY SURVEY.
Tax Map No.76.08-6-33
,r
EXISTING 15'
UTILITY & DRAINAGE
EASEMENT
115 ---108.86' ----
N89'01 E
4
-
Property of
Elizabeth S. Barber
,
5 NEW DRAINAGE
N
10�
EASEMENT
rTl
Tax Map No.76.08-6-31
4 4,115
65.85
13.96,
E
AV
TAX MAP NO._76.08_6-32SCALE:— 1"=50'
PLAT SHOWING NEW DRAINAGE EASEMENT
BEING CONVEYED TO ROANOKE COUNTY
BY ELIZABETH S. BARBER A
PREPARED BY.- ROANOKE COUNTY ENGINEERING DEPARTMENT DATE: 07_29-99
THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR
MEETING ON THE 11TH DAY OF JANUARY 2000, ADOPTED THE FOLLOWING:
RESOLUTION 011100-8.b REQUESTING ACCEPTANCE OF (HARMON CIRCLE,
SLUSSER LANE AND A PORTION OF STOKES DRIVE) INTO THE VIRGINIA
DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM
WHEREAS, the streets described on the attached Additions Form SR -5(a), fully
incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the
Circuit Court of Roanoke County, and
WHEREAS, the Resident Engineerfor the Virginia Department of Transportation has
advised this Board the streets meet the requirements established by the Subdivision Street
Requirements of the Virginia Department of Transportation, and
WHEREAS, the Resident Engineer for the Virginia Department of Transportation has
advised this Board the streets meet the requirements established by the Subdivision Street
Requirements of the Virginia Department of Transportation, and
NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia
Department of Transportation to add the streets described on the attached Additions Form
SR -5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of
Virginia, and the Department's Subdivision Street Requirements, and
BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-
of-way, as described, and any necessary easements for cuts, fills and drainage, and
BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded
to the Resident Engineer for the Virginia Department of Transportation.
Recorded Vote
Moved By: Supervisor Johnson
Seconded By: None Required
Yeas: Supervisors Johnson, Minnix, Church, McNamara
Nays: None
Absent: Supervisor Nickens
A Copy Teste:
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
cc: File
Arnold Covey, Director, Engineering & Inspections
Virginia Department of Transportation
1VORTH
so.
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"C PROPOSED ADDITION SHOWN IN GRAY
DESCRIPTION:
1) Harmon Circle - From the west intersection with Stokes Drive
to the east intersection with Stokes Drive.
2) SIusser Lane - From the south intersection with Stokes Drive
to the north intersection with Harman Circle.
3) Stokes Drive - From its west intersection with Plantation Road
To the east intersection of Harmon Circle.
LENGTH: (1)
0.26 MILES
(2)
0.09 MILES
(3)
0.14 MILES
RIGHT OF WAY: (1)
50 FEET
(2)
50 FEET
(3)
50 FEET
PAVEMENT WIDTH: (1)
30 FEET
(2)
30 FEET
(3)
38 FEET
SERVICE: (1)
17 HOMES
(2)
10 HOMES
(3)
8 HOMES
PLANTATION OAKS
ROANOKE COUNTY
.DEPARTMENT OF Acceptance of Harmon Circle, Slusser Lane, and a portion
C0mmuNITY DEVELOPMENT of Stokes Drive into the Virginia Department of
Transportation Secondary System.
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JANUARY 11, 2000
RESOLUTION 011199-8.c EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE
RETIREMENT OF MERRY S. MCKISSICK, GENERAL SERVICES
DEPARTMENT
WHEREAS, Merry S. McKissick was first employed by Roanoke County on
September 17, 1979 in the Sheriff's Office as a Clerk -Typist II; and worked as an
Administrative Secretary for the late Sheriff O. S. Foster, and Sheriff Michael Kavanaugh;
and later served as secretary in the Roanoke County Police Department; and
WHEREAS, Ms. McKissick again joined the Roanoke County Sheriff's Office on April
27, 1992, and served as Administrative Secretary for Sheriff Gerald S. Holt; and
WHEREAS, during Ms. McKissick's service with the Sheriff's Office, she completed
an Associate's Degree from Virginia Western Community College and achieved the
designation of Certified Professional Secretary; and
WHEREAS, Ms. McKissick retired on May 1, 1999, as an Office Support Specialist
in the General Services Department, after more than nineteen years of service to Roanoke
County; and
WHEREAS, Ms. McKissick, through her employment with Roanoke County, has
been instrumental in improving the quality of life for its citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke
1
County expresses its deepest appreciation and the appreciation of the citizens of Roanoke
County to MERRY S. MCKISSICK for over nineteen years of capable, loyal and dedicated
service to Roanoke County.
FURTHER, the Board of Supervisors does express its best wishes for a happy,
restful, and productive retirement.
On motion of Supervisor Johnson to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Johnson, Minnix, Church, McNamara
NAYS: None
ABSENT: Supervisor Nickens
A COPY TESTE:
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
cc: File
Elaine Carver, Director, General Services
Joe Sgroi, Director, Human Resources
0
ACTION #A-01 1 100-8.d
ITEM NUMBER 3--1
MEETING DATE: January 11, 2000
AGENDA ITEM: Request from Schools for acceptance of $141,091
Title VI B Flow through grant funds
COUNTY ADMINISTRATOR'S COMMENTS:
BACKGROUND: Roanoke County Schools receives federal funds for each
eligible child served with disabilities ages 3-21. The grant award for the
1998-99 school year was $1,294,370. The award was based on $515 per child.
The same amount was budgeted for the 1999-2000 school year.
SUMMARY OF INFORMATION: The Virginia Department of Education has approved
Roanoke County's grant award for the 1999-2000 school year in the amount of
$1,435,461. The grant is based on a per pupil amount of $619. The
increase in funds is $141,091.
FISCAL IMPACT: None, no local match required.
F RECOMMENDATION: Staff recommends appropriation of an additional
$141,091 to the 1999-2000 Title VI B Flow Through
Grant Fund.
Dr. Carol Whitaker Elmer C. Hodge
Director of Pupil Personnel County Administrator
ACTION
VOTE
No Yes Absent
Approved (x) Motion by: Bob L. Johnson to approve Church _ x _
Denied ( ) Harrison _ x
Received ( ) McNamara_ x
Referred ( ) Minnix _ x
To ( ) Nickens _ _ x
cc: File
Dr. Carol Whitaker, Director, Pupil Personnel Services and Special Education
Diane D. Hyatt, Director, Finance
Dr. Linda Weber, School Superintendent
Brenda Chastain, Clerk, School Board
ACTION # A -011100-8.e
ITEM NUMBER
MEETING DATE: January 11. 2000
AGENDA ITEM: Request for acceptance of $2,494 Refugee children
School Impact Grant
COUNTY ADMINISTRATOR'S COMMENTS: xe_��
BACKGROUND: The Virginia Department of Education has received a Refugee
Children School Impact Grant in the amount of $400,000 from the Office of
Refugee Resettlement, U.S. Department of Health and Human Services.
Funding from the grant will be re -distributed for use during the 1999-2000
academic year by school divisions that serve refugee students.
CTTnanARY nR INFORMATION: Roanoke County is eligible to receive $2,494 for
hiring a part-time ESL instructional assistant and for interpreter services
for parents and teachers. Funds will be available upon acceptance of the
grant proposal by the Department of Education. (Approximate time - January
2000).
FISCAL IMPACT: None, no local match required.
STAFF RECOMMENDATION: Staff
Grant
Mr. Garland Life
Senior Director of Instruction
recommends appropriation of $2,494 to the
for to be used as stated.
S�c Lv��
Elmer C. Hodge
County Administrator
ACTION
VOTE
No Yes Absent
Approved (x) Motion by: Bob L Johnson to approve Church _ x
Denied ( ) Harrison — x
Received
McNamara_ x _
( )
Referred Minnix _ x
( )
To Nickens — — x
( )
cc: File
Garland Life, Senior Director of Instruction
Diane D. Hyatt, Director, Finance
Dr. Linda Weber, School Superintendent
Brenda Chastain, Clerk, School Board
A -011100-8.f
ACTION #
ITEM NUMBER°-` SJR
MEETING DATE: January 11; 2000
AGENDA ITEM: Request for acceptance of $4,047 grant funds for
preschool children
COUNTY ADMINISTRATOR'S COMMENTS: Dry
BACKGROUND: Roanoke County Schools receives federal funds for each
eligible child served with disabilities ages 3-5. The grant award for the
1998-99 school year was $93,420 based on $519 per child. The same amount
was budgeted for the 1999-2000 school year.
SUMMARY OF INFORMATION: The Virginia Department of Education has approved
Roanoke County's grant award for the 1999-2000 school year in the amount of
$97,467. The increase in funds is $4,047.
FISCAL IMPACT: None, no local match required.
STAFF RECOMMENDATI_ON_: Staff recommends appropriation of an additional
$4,047 to the 1999-2000 Preschool Grant Fund.
Dr. Carol Whitaker Elmer C. Hodge
Director of Pupil Personnel County Administrator
Services and Special Education
ACTION
VOTE
No Yes Absent
Approved (x) Motion by: Bob L. Johnson to approve Church _ x _
Denied ( ) Harrison _ x _
Received ( ) McNamara_ x
Referred ( ) Minnix _ x
To ( ) Nickens _ _ x
cc: File
Dr. Carol Whitaker, Director, Pupil Personnel Services and Special Education
Diane D. Hyatt, Director, Finance
Dr. Linda Weber, School Superintendent
Brenda Chastain, Clerk, School Board
ACTION # A -011100-8.g
ITEM NUMBER '31
MEETING DATE: January 11, 2000
Request for acceptance of $836.71 grant funds for
?AGENDA ITEM: for inservice
Goals 2000: Educate America,
training.
COUNTY ADMINISTRATOR'S COMMENTS:
BACKGROUND: Roanoke County Schools received funding under the Goals
2000: Educate America Grant. The grant is to be used for
inservice training in support of efforts to improve
education in our division through provision of computers and
related technology. Roanoke County received $836.71 and
since the funding was not anticipated, appropriation to the
Grant Fund of the $836.71 is needed.
SUMMARY OF INFORMATION: It is proposed that the funds be used to provide
training to a core group of secondary teachers and
media specialists in strategies for integrating
technology into existing curricula. Participants
would become trainers within each building to
further disseminate information and strategies.
Funding will be used for a consultant and to
provide substitutes or stipends for teachers
attending.
FISCAL IMPACT: None, no matching funds required.
STAFF RECOMMENDATION: Appropriation of $836.71 to the Grant Fund for the
purpose of providing training in strategies for
integration of to hnology into curricula.
Jan James t' Elmer C. Hodge
Director of Technology County Administrator
------------------------------------------------------------------------------------------------------------------
ACTION VOTE
No Yes Absent
Approved (x) Motion by: Bob L. Johnson to approve Church — x _
Denied ( ) Harrison _ x —
Received ( ) McNamara_ x
Referred ( ) Minnix _ x
To ( ) Nickens _ _ x
cc: File
Dr. Jane James, Director of Technology
Diane D. Hyatt, Director, Finance
Dr. Linda Weber, School Superintendent
Brenda Chastain, Clerk, School Board
A -011100-8.h
ACTION #
ITEM NUMBER
MEETING DATE: January 11, 2000
AGENDA ITEM: Request for acceptance of $32,834.34 grant funds
for Goals 2000: Educate America, for purchasing
instructional computers.
COUNTY ADMINISTRATOR'S COMMENTS: P
BACKGROUND: Roanoke County Schools received funding under the Goals
2000: Educate America Grant. The grant is to be used to
purchase classroom computers and related technologies.
Roanoke County received $32,834.34 for 1999 and since the
funding was not anticipated, appropriation to the School
Operating Fund of the $32,834.34 is needed.
SUMMARY OF INFORMATION: It is proposed that the funds be used to purchase
Windows 980 and Macintosh° multimedia, networkable
computers to be distributed to middle school media
centers as replacements for outdated machines.
FISCAL IMPACT: None, no matching funds required.
STAFF RECOMMENDATION: Appropriation of $32,834.34 to the Grant Fund for
the purpose of purchasing instructional computers.
Lla� 4� A4 Z42
jand James Elmer C. Hod
Director of Technology County Administrator
------------------------------------------------------------------------------------------------------------------
ACTION VOTE
No Yes Absent
Approved (x) Motion by: Bob L. Johnson to approve Church _ x _
Denied ( ) Harrison _ x
Received ( ) McNamara_ x _
Referred ( ) Minnix _ x _
To ( ) Nickens _ _ x
cc: File
Dr. Jane James, Director of Technology
Diane D. Hyatt, Director, Finance
Dr. Linda Weber, School Superintendent
Brenda Chastain, Clerk, School Board
A-011100-8 . i
ACTION #
ITEM NUMBER a, _
MEETING DATE: January 11, 2000
AGENDA ITEM: Request for acceptance of $89,014.80 Universal
Service Fund Grant for purchase of technology
equipment.
COUNTY ADMINISTRATOR'S COMMENTS:
BACKGROUND: Roanoke County Schools has received notification of funding
commitments from the Universal Service Fund (e -rate program) for discounted
services from Bell Atlantic totaling $89,014.80. The e -rate program was
designed to provide discounts for telecommunications services, but the SLC
Corporation was unable to provide all applications prior to the start date
of July 1, 1999. Therefore, Bell Atlantic has asked customers to seek
reimbursements for eligible services in lieu of discounts on bills for the
period July 1, 1999 to June 30, 2000.
GTTMMARY OF INFORMATION: Since this may be non-recurring funding, it is
proposed that the reimbursement be used to provide network hardware and
software to enhance data communications and to provide additional computers
and peripherals for instructional use in accordance with Roanoke County
Schools Plan for Instructional Technology.
FISCAL IMPACT: None
STAFF RECOMMENDATION: Staff recommends appropriation of $89,014.80 to
the Technology Grant Fund for the purchase of
network equipment, classroom computers and related
peripherals.
Dr. 4ane James Elmer C. Hodge
Director of Technology County Administrator
Approved (x)
Denied ( )
Received ( )
Referred ( )
To ( )
ACTION
Motion by: Bob L. Johnson to approve
cc: File
Dr. Jane James, Director of Technology
Diane D. Hyatt, Director, Finance
Dr. Linda Weber, School Superintendent
Brenda Chastain, Clerk, School Board
VOTE
No Yes Absent
Church _ x
Harrison _ x _
McNamara_ x _
Minnix _ x _
Nickens x
A -011100-8-j
ACTION #
ITEM NUMBER""
MEETING DATE: January 11, 2onn
AGENDA ITEM: Request for appropriation of $9,976.29 for the
dual enrollment program.
�:uuN'i'Y ADMINISTRATOR'S COMMENTS:
BACKGROUND:
Roanoke County Schools and Virginia Western Community College have an agreement
whereby the college provides college level courses in English, US History, and certain
vocational subjects. These courses are taught by Roanoke County teachers who meet the
college's criteria for adjunct professors. Monies that have been collected exceed the expenses;
therefore, there is a request for these additional funds to be appropriated for inservice and
materials that will be used in the program.
SUMMARY OF INFORMATION:
Roanoke County Schools collected $25,605.00 tuition from 573 students. VWCC will reimburse
Roanoke County Schools $52,322.19 for services rendered (teachers, administrating expenses,
rooms, utilities, and maintenance). Roanoke County Schools owes VWCC $67,950.90 for
tuition and technology fees and college service fees. The difference between what was
collected and what was spent is $9,976.29
FISCAL IMPACT:
Roanoke County Schools requests that $9,976.29 be appropriated to the instructional program
for use in the dual enrollment program.
STAFF RECOMMENDATION:
Staff recommends
LJLorraine S. Lange Elmer C. Hodge
Associate Director of Instruction County Administrator
ACTION
VOTE
No
Yes Absent
Approved (x) Motion by: Bob L. Johnson to approve
Church _
x
Denied ()
Harrison _
x
Received ()
McNamara_
x
Referred ()
Minnix _
x _
To ()
Nickens _
_ x
cc: File
Lorraine S. Lange, Associate Director of Instruction
Diane D. Hyatt, Director, Finance
Dr. Linda Weber, School Superintendent
Brenda Chastain, Clerk, School Board
A -011100-8.k
ACTION NO.
ITEM NO.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER
MEETING DATE: January 11, 2000
AGENDA ITEM: The Sheriff's Office requests the acceptance of a federal grant
approved under the Bulletproof Vest Partnership Grant Act of 1998 from the Bureau of
Justice Assistance.
COUNTY ADMINISTRATOR'S COMMENTS:
BACKGROUND: The Sheriff's Office, in conjunction with the Roanoke County Police
Department, applied to the Bureau of Justice Assistance for funding under the
Bulletproof Vest Partnership Grant Act of 1998. The Departments initially received a
joint award of $8,000, which was accepted by the Board of Supervisors on October 26,
1999. Additional grant funding of $14,348.50 was received by Internet e-mail to Mr.
Elmer Hodge, County Administrator, and Ms. Lisa Ward, Finance. (See Attachment A)
This additional grant funding would allow the Sheriff's Office to purchase bulletproof
vests to provide heightened protection for Department Range Instructors and for
Emergency Response Team members. The Sheriff's Office will use $6,350.00 of the
additional funding. The Departments will file separate Board Reports stating use and
matching fund availability. With the required cash matching funds (50%/50%), the total
amount of the additional grant award approved by the Board will be $12,700.00 for the
Sheriff's Office. The Sheriff's Office will match the $6,350.00 awarded by the Bureau of
Justice Assistance from the Confiscated Property -Sheriff Account for a total of
$12,700.00 available to purchase vests.
SUMMARY OF INFORMATION: I request that the Board of Supervisors accept the
additional grant award from the Bureau of Justice Assistance for the purchase of
bulletproof vests for Sheriff's Office personnel.
FISCAL IMPACT: None. Matching funds are available in the Sheriff's budget.
ALTERNATIVES: None.
STAFF RECOMMENDATION: Staff recommends approval.
Re ectfull m' e
w
Gerald S. Holt
Sheriff
Approved by,
Elmer C. Hodge, Jr.
County Administrator
Approved (x)
Denied ( )
Received ( )
Referred ( )
To ( )
ACTION
Motion by: Bob L. Johnson to approve
cc: File
Gerald S. Holt, Sheriff
Diane D. Hyatt, Director, Finance
j
VOTE
No Yes Absent
Church _ x _
Harrison _ x
McNamara_ x _
Minnix — x _
Nickens x
ATTACHMENT A
Forwarded by: "Lisa Ward" <ADM01/LSW>
Forwarded to: shf01/crh
Date forwarded: Mon, 20 Dec 1999 09:13:12 -0500
From: "Diane Hyatt" <ADM01/DDH>
To: adm01/Isw
Date sent: Mon, 20 Dec 1999 08:18:04 -0500
Subject: (Fwd) (Fwd) Your BVP Application for Funding has been
think you already got a copy of this, but just to make sure I am
forwarding this one. Please coordinate with your contacts in the
police dept. Thanks.
------- Forwarded message follows -------
From: "Elmer Hodge" <ADM01 /ECH>
To: adm01/dcm, adm01/jmc, adm01/ddh
Date sent: Mon, 20 Dec 1999 08:00:34 -0500
Subject: (Fwd) Your BVP Application for Funding has been Approv
I do not know which dept applied for this grand. Would one of you
chech this out. Thanks
------- Forwarded message follows -------
Date sent: Mon, 20 Dec 1999 00:00:15 -0500
From: vests@reisys.com
To: ehodge@www.co.roanoke.va.us, (ward@www.co.roanoke
Subject: Your BVP Application for Funding has been Approved
Copies to: vestsmail@reisys.com, WATKINSR@ojp.usdoj.gov
1999 Application Approval
Supplemental Funding
The Bureau of Justice Assistance (BJA) is pleased to inform you that
your application for funding under the Bulletproof Vest Partnership Grant
Act of 1998 has been awarded additional funding of $ 14348.50.
This amount constitutes the total additional funding available to your
jurisdiction, ROANOKE COUNTY, this year.
Purchasing and Receiving Vests: As this notification is only sent to
jurisdictions, we request that you convey this supplemental funding to
any law enforcement agencies included in your application. Your chief
Charles Hart -- 1 -- Mon, 3 Jan 2000 15:25:14
executive (or designee) is responsible for determining the process through
which the supplemental funding is used to meet individual law enforcement
agency vest needs. Once purchased vests have been delivered to law
enforcement agencies, an on-line receiving report must be completed. The
jurisdiction then requests payment from BJA to cover up to 50% of the cost
of the vests received. Jurisdictions are responsible for ensuring that
purchased vests are in compliance with applicable program standards, that
the invoiced prices do not include unrelated law enforcement equipment,
and that program payments do not exceed 50% of the cost of purchased vests
under this program.
Electronic Funds Transfer: When BJA receives the jurisdiction's
request for payment, funds are electronically transferred from the U.S.
Treasury to the jurisdiction's bank account, as identified during the
on-line registration process. Up to three weeks may be needed to process
the payment. You will be notified via email once your request for
payment has been processed. Each jurisdiction is responsible for facilitating
prompt payment to vest vendors.
Please direct questions about this program to the technical support
staff at 1-877-75VESTS (1-877-758-3787). Thank you.
------- End of forwarded message -------
Elmer Hodge 772-2004
------- End of forwarded message -------
Charles Hart --2-- Mon, 3 Jan 2000 15:25:15
THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR
MEETING ON THE 11TH DAY OF JANUARY, 2000, ADOPTED THE FOLLOWING:
RESOLUTION 011100-8.1 REQUESTING ACCEPTANCE OF THE REMAINING
PORTION OF BLOOMFIELD AVENUE INTO THE VIRGINIA DEPARTMENT OF
TRANSPORTATION SECONDARY SYSTEM
WHEREAS, the streets described on the attached Additions Form SR -5(a), fully
incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the
Circuit Court of Roanoke County, and
WHEREAS, the Resident Engineer for the Virginia Department of Transportation has
advised this Board the streets meet the requirements established by the Subdivision Street
Requirements of the Virginia Department of Transportation, and
WHEREAS, the County and the Virginia Department of Transportation have entered
into an agreement on March 9, 1999, for comprehensive stormwater detention which
applies to this request for addition,
NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia
Department of Transportation to add the streets described on the attached Additions Form
SR -5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of
Virginia, and the Department's Subdivision Street Requirements, and
BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-
of-way, as described, and any necessary easements for cuts, fills and drainage, and
BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded
to the Resident Engineer for the Virginia Department of Transportation.
Recorded Vote
Moved By: Supervisor Johnson
Seconded By: None Required
Yeas: Supervisors Johnson, Minnix, Church, McNamara
Nays: None
Absent: Supervisor Nickens
A Copy Teste:
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
cc: File
Arnold Covey, Director, Engineering & Inspections
Virginia Department of Transportation
ROANOKIF COUNTY
DEPARTMENT OF
COMMUNITY DEVELOPMENT
2,4
Acceptance of the remaining portion of Bloomfield Avenue
into the Virginia Department of Transportation Secondary
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A -011100-8.m
Item No.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, ROANOKE COUNTY ADMINISTRATION CENTER, 5204 BERNARD
DRIVE, SW., ROANOKE COUNTY, VIRGINIA ON TUESDAY,
MEETING DATE: January 11, 2000
AGENDA ITEM: Ratify action of the County Administrator executing an
amended performance agreement to expand Advance Store
headquarters.
COUNTY ADMINISTRATOR'S COMMENTS:
Ar'�/)
a/r�
EXECUTIVE SUMMARY:
On September 14, 1999, the County Board of Supervisors approved an economic
development performance agreement to expand Advance Stores headquarters operation, and
authorized the County Administrator to execute a performance agreement with the IDA and
Advance Stores, Inc. on a form approved by the County Attorney. The Board appropriated
$641,500 to fund the County's incentives under this agreement for road and traffic signal
improvements on Airport Road, site work, and detailed engineering (10% required match)
for a Community Development Block Grant for Boxley Hills drainage improvements in the
Hollins Magisterial District. A copy of the performance agreement is attached. For brevity
attachments to the agreement have not been enclosed and are available in Economic
Development for your review.
Staff has learned that the County has the opportunity of attracting additional investment
which could generate additional tax revenue. In this event, the company has asked for a
reimbursement of taxes generated within the tax calculation period, as documented and
substantiated by submission of the applicable company accounts and verified and approved
by the Director of Finance, subject to future appropriations of such amounts by the County
Board of Supervisors.
FISCAL IMPACT
Funds in the amount of $641,500 for this project have been approved and appropriated.
Authorization for reimbursement of project related tax revenue above this amount would be
new revenue generated during the calculation period. This reimbursement would require
one or more additional appropriations by the Board, if this amount were exceeded. The
County would not be required to appropriate any additional funds in advance of the project's
completion.
ALTERNATIVES
1. Ratify the action of the County Administrator executing an amended performance
agreement regarding reimbursement of additional project related tax revenue above
the $641,500 previously appropriated for this project on September 14, 1999 subject
to future appropriations of such amounts by the Board of Supervisors.
2. Take no action at this time.
STAFF RECOMMENDATION
Staff recommends that the Board of Supervisors approve Alternative 1 ratifying the action
of the County Administrator executing an amended performance agreement regarding
reimbursement of additional project related tax revenue above the$641,500 appropriated for
this project on September 14, 1999, subject to future appropriation of such amounts by the
Board of Supervisors.
Respectfully submitted: Approved:
77
Jo e augh Elmer C. Hodge
tst. Director of Economic Development County Administrator
ACTION VOTE
No Yes Absent
Approved (x) Motion by: Bob L. Johnson to approve Church _ x _
Denied () Harrison _ x _
Received () McNamara_ x _
Referred () Minnix _ x _
To () Nickens X
cc: File
Joyce Waugh, Assistant Director, Economic Development
Paul M. Mahoney, County Attorney
Diane D. Hyatt, Director, Finance
PERFORMANCE AGREEMENT
This Performance Agreement (this "Agreement"), made and entered into
this 24th day of November, 1999, by and between the ROANOKE COUNTY
BOARD OF SUPERVISORS (the "County"); the INDUSTRIAL DEVELOPMENT
AUTHORITY OF ROANOKE COUNTY, VIRGINIA (the "Authority"); and
ADVANCE STORES COMPANY, INCORPORATED, a Virginia corporation (the
"Company")
WITNESSETH
WHEREAS, the Roanoke County Board of Supervisors and the
Industrial Development Authority of Roanoke County, Virginia, desire to promote and
encourage the economic development and vitality of Roanoke County and the
Roanoke Valley through the recruitment of new industry and the expansion of existing
business and employment opportunities for the citizens of the Roanoke Valley, in
order to provide for increased employment and corporate investment in Roanoke
County; and
WHEREAS, the Company desires to support the economic development
efforts of the County and the Authority and anticipates substantially expanding its
corporate administrative offices in the Airport Road area of Roanoke County
(hereinafter referred to as the "Project"); and
WHEREAS, the County has worked with the Company to rezone a
17.11 acre tract of land now owned by the Company, identified as Roanoke County
Tax Map No. 38.14-1-5 (the "Company Property"); and
WHEREAS, the Company holds a leasehold interest in an 8.46 acre
tract of land adjacent to the Company Property identified as Roanoke County Tax
Map No. 38.14-1-4 (the "Leased Property"), and the Company plans to construct the
Project upon both the Leased Property and the Company Property (the "Site")
NOW, THEREFORE, in consideration of the mutual promises,
covenants and obligations herein contained, which the parties hereto acknowledge as
being sufficient consideration for entering into this Agreement, the parties covenant
and agree as follows:
I. Incentive Funding
A. The County shall appropriate the sum of $641,500 as an incentive
package for the Company to undertake the Project (the "Incentive Funds"). The
Incentive Funds shall be allocated by the County for expenditure in furtherance of the
Project in the following order of priorities:
$70,000, as a local 10% contribution to a $700,000 CDBG Grant,
to assist in the correction of a drainage problem in the area of Sierra Drive and Santa
Anita Drive adjacent to the Site, which drainage problems must be corrected prior to
the completion of the Project. The County applied for and was awarded a Community
Development Block Grant in the amount of $700,000 ("CDBG") to be used to
improve the storm drainage system and related infrastructure for the purpose of
directing run-off water away from a portion of the area adjacent to the Site that
connects to Sierra and Santa Anita Drives (the "Drainage Project"), as more
particularly identified in the CDBG. The CDBG requires that the County contribute
10% of the $700,000 CDBG, or $70,000, for engineering and/or related Drainage
Project expenses. The County shall use the CDBG funds solely for the planning,
construction and completion of the Drainage Project and shall progress with the
Drainage Project in a manner and time period such that it shall not delay construction
of any aspects of the Project as set forth in the Company's construction schedule for
the Project, a copy of which is attached hereto as Exhibit A.
2. Approximately $175,000 towards public improvements,
including traffic signalization and/or related road construction, to improve traffic flow
on Airport Road in the vicinity of the Company's existing administrative offices and
the Project.
a. Pursuant to the terms of its written agreement with the City
of Roanoke attached hereto as Exhibit B (the "City -County Agreement"), the County
shall pay up to fifty percent (50%) of the City of Roanoke's cost for signalization and
road improvements at the intersection of Airport Road and Municipal Road. The City
of Roanoke estimates that the total cost of such improvements shall be $250,000.
Additionally, the City -County Agreement provides that the County shall pay up to
fifty percent (50%) of the City of Roanoke's cost for signalization at the intersection
13
of Airport Road and Towne Square Boulevard, the total cost of which the City of
Roanoke estimates to be $100,000 (collectively, the signalization and road
improvements set forth in the City -County Agreement shall be known herein as the
"Traffic Improvements"). The City -County Agreement provides that the Traffic
Improvements shall be completed no later than April 15, 2001. The County shall use
all reasonable efforts to assist the City of Roanoke and/or the Virginia Department of
Transportation to complete the Traffic Improvements by such date; provided,
however, that the Company shall not be required to make any financial contribution to
the Traffic Improvements and the County shall not use the Incentive Funds for such
improvements except as set forth herein.
b. The County further represents that the City of Roanoke is
in the planning stages of a project to complete the necessary drainage improvements
along Airport Road in proximity to the Site no later than April 15, 2001. The County
shall make all reasonable efforts to assist the City of Roanoke to complete these
drainage improvements along Airport Road by April 15, 2001.
C. In addition to the $175,000 set out above, the County shall
retain from the Incentive Funds twenty percent (201/o) of its share of the estimated cost
of the Traffic Improvements, $35,000 (the "Retainage"), in an interest-bearing
account until such improvements are completed as provided herein. While the County
does not anticipate providing the City of Roanoke with more than $175,000 for the
Traffic Improvements, it may spend the Retainage, or a portion thereof, on such
improvements, provided that the City submits written notice of such valid expenses to
the County and the County provides the Company with copies thereof prior to
releasing any portion of the Retainage to the City of Roanoke. The County shall use
its best efforts to ensure that all amounts spent on the Traffic Improvements are
reasonable and competitive. Notwithstanding the covenants contained in this Section,
the County shall not spend more than $210,000 of the Incentive Funds on the Traffic
Improvements set forth in this Section. In the event that the County's share of the cost
of all of the improvements contemplated herein exceeds $210,000, the County, at its
sole cost and expense, shall contribute the monies necessary to complete the Traffic
Improvements required by this Section within the time periods set forth herein.
3. The County shall transfer the balance of the unallocated portion
of the Incentive Funds, a minimum of $361,500, to the Authority upon the execution
of this Agreement. Additionally, the County shall provide the Retainage, or
remaining portion thereof, and interest thereon, to the Authority within thirty (30)
days of its receipt of the City's final invoice for the Traffic Improvements set forth in
the City -County Agreement and provide the Company with notice of such transfer.
B. The Authority, subject to its receipt of the balance of the Incentive Funds
from the County, shall transfer the Incentive Funds to the Company as set forth herein
for Project -related costs and fees, including, but not limited to, the rezoning and
acquisition of the Site and all site development and improvement costs related to the
Project, including, but not limited to, grading, site preparation, improvements relating
to utility services, utility connection and permit fees, paving, parking, drainage,
entrances and exits, and general construction, etc. (collectively, the "Site
Improvements"). To obtain the Incentive Funds, the Company shall submit to the
Authority all requests for payment or reimbursement for Site Improvements with
proper documentation of such expenses. All such requests by the Company shall be
sent to Timothy W. Gubala, Secretary of the Industrial Development Authority, or
such other person as the Authority may designate by providing written notice to the
Company. The Authority shall make such payments to the Company within thirty
(30) days of its receipt of the Company's properly documented requests therefor.
C. In addition to the CDBG, the County made application to the
Commonwealth of Virginia and was awarded a grant of $500,000 from the
Governor's Opportunity Fund ("GOF","GOF Funds" or "GOF Grant") on behalf of
the Company to provide the Company with additional financial incentive to undertake
the Project in Roanoke County, Virginia. The County shall use the GOF Funds to
reimburse the Company for all Project -related expenses, in accordance with the GOF
Grant provisions and subject to the County's receipt of the GOF Funds, provided that
the Company provides evidence of such expenses to the County along with its request
for reimbursement. The GOF Funds are to be paid to the Company on a
reimbursement basis for the rezoning and acquisition of the Site and the Site
Improvements, so long as the Company presents the County with documentation of
such expenditures within thirty (30) months of the execution of this Agreement. The
0
1.7- 43
County and the Authority acknowledge and agree that the GOF Funds are for the sole
use and benefit of the Company and that the Company shall have the right to apply
the GOF Funds to Project -related expenses as the Company, in its sole and absolute
discretion, may elect, subject to the requirements and obligations imposed on and by
the GOF in connection with such funds.
D. The Company shall:
1. Invest a minimum of $9,000,000 in Project -related expenses
within (30) months ftom the date of this Agreement (the "Investment Period"),
through its expenditures for the acquisition of the Site, site preparation, construction
of the approximately 75,000 square foot office expansion, and other Site
Improvements, together with the Company's additional expenditures for the
acquisition of new, used or relocated office equipment, furnishings, computer
equipment, cabinets, phones, signs, and other miscellaneous business personal
property related to the Project (hereinafter referred to as the "Capital Investment");
provided, however, that all Project -related expenditures made by the Company prior
to the date hereof, specifically and without limitation, shall be deemed to have been
made subsequent to the date hereof and included in the $9,000,000 Capital
Investment. The Company shall report, document and verify to the County all Capital
Investment, which single report shall be filed no later than sixty (60) days after the
expiration of the Investment Period. While the Company is required by this
Agreement to invest a minimum of $9,000,000 on the Project, it expects to invest
approximately $10,000,000 on the Project and related costs.
2. Generate, through its Capital Investment in the Project set forth
in Section I.D. l., New Tax Revenues (as hereinafter defined) for the County of not
less than $641,500 during the five (5) year time period beginning one (1) year after
the earlier of (i) the date the Company opens the Project for business or (ii) December
31, 2001 (the "Tax Calculation Period"). In the alternative, the Company may elect,
by written notice to the County at any time during the Tax Calculation Period and in
its sole and absolute discretion, an earlier commencement date for the Tax Calculation
Period. "New Tax Revenues" shall mean all local taxes attributable to the Project and
paid by the Company directly to Roanoke County during the Tax Calculation Period,
including, but not limited to, real estate taxes, business personal property taxes, and
sales and use taxes; provided, however, that the New Tax Revenues shall be
documented and substantiated by submission of the applicable Company accounts,
and verified and approved by the Director of Finance for Roanoke County.
The Company shall provide the County with the total amount of New Tax
Revenues paid by the Company on an annual basis during the Tax Calculation Period
within sixty (60) days of the end of each calendar year, with the final report to be
made within sixty (60) days of the expiration of the Tax Calculation Period. Should
the Company generate New Tax Revenues in excess of $641,500 during the Tax
Calculation Period, the County will provide the Company with additional incentive
funding for Project -related expenses in the amount of one hundred percent (100%) of
,7--./-3
such amount in excess of $641,500 within sixty (60) days of the County's receipt of
the Company's final report of New Tax Revenues, subject to future appropriation of
such amounts by the County Board of Supervisors.
3. The Company shall both maintain its administrative offices in
Roanoke County and retain during the Tax Calculation Period the approximately 630
full-time employees, being 540 existing full-time employees and 90 new full-time
employees hired during the Hiring Period (as hereafter defined), employed by the
Company as of the date of this Agreement in its existing administrative offices on the
Leased Property and the annex on Valley View Boulevard (which employees the
Company shall relocate to Roanoke County upon completion of the Project).
4. The Company represents, and all parties hereto acknowledge,
that as of the date of this Agreement, the Company has met its commitment to the
GOF to hire within the Hiring Period a total of 90 new full -rime employees in
connection with the Project, subject to the Company's compliance with the reporting
requirements hereinafter described. For purposes of this Agreement, the Hiring
Period shall be deemed to have begun on January 1, 1999, and shall expire on the date
of this Agreement. The Company shall maintain not less than these 90 new full-time
employees hired in connection with the Project for a period of three (3) years from the
expiration of the Hiring Period (the "Employment Period"). The Company agrees to
report to the County within sixty (60) days of the expiration of the Hiring Period the
.T- J3
number of new full-time jobs it created during the Hiring Period, and to report
annually thereafter through the term of the Employment Period the number of jobs the
Company maintained at its expanded office building (and/or at its annex on Valley
View Boulevard until relocation of such employees to the administrative offices upon
completion of the Project).
5. Assist and cooperate with the County, or its assignee, in
providing employment-related data to appropriate governmental agencies in
connection with the CDBG; provided, however, that the Company shall not be
responsible for the satisfaction of any Davis -Bacon Act requirements or regulations.
The Company further agrees to assist the County in satisfying the County's
requirements under the Virginia Department of Housing and Community
Development Act necessary for the County to receive and apply the CDBG Funds to
Project -related expenses, including entering into a separate industry agreement with
the County for the Project.
6. Cooperate with the County in meeting audit requirements
established by the GOF, which requirements are attached hereto as Exhibit C. The
Company's compliance with such reporting requirements, however, shall not require
an independent audit or any.disclosure of the Company's business, financial records
or accounts, other than as set forth on Exhibit C.
7. To dedicate to the County or the City of Roanoke, as applicable,
drainage or other easements or rights-of-way, if any, needed for the Project and the
10
Drainage Project, the Traffic Improvements, or the City of Roanoke's drainage project
and road improvements along Airport Road, at no cost to the County; provided,
however, that the granting of such easements or rights-of-way shall be at no cost
whatsoever to the Company. The Grantee of such easements shall be responsible for
all costs in connection therewith, including recording costs, if any, required by the
granting of such easements and/or rights-of-way; provided, however, that the
Company shall not be responsible for any such costs.
II. Reimbursement of Incentive and GOF Funds
A. If the Company fails to generate the anticipated New Tax Revenues
within the Tax Computation Period as provided in Section I.D.2., then the Company
shall reimburse the County within ninety (90) days of the expiration of the Tax
Computation Period the difference between the County's actual appropriation of
$641,500 required by this Agreement and the Company's actual New Tax Revenue
attributable to the Project during the Tax Computation Period.
B. For purposes of this Agreement, the GOF Grant shall be allocated into
the following amounts: (i) the sum of TWO HUNDRED FIFTY THOUSAND
DOLLARS ($250,000.00) shall be allocated to the Company's employment levels and
requirements set forth in Section I.D.4. (the "Employment Grant"), and (ii) the sum of
TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) shall be allocated
to the Company's Capital Investment and expenditures set forth in Section I.D.1. (the
"Capital Grant"). The parties agree that:
I
4
1. If the Company does not hire within the Hiring Period at least 90% of
the number of employees required by Section I.DA, and does not retain that number
of new employees during the Employment Period, then the Company shall reimburse
the County that portion of the Employment Grant that is proportional to the shortfall
in the employment levels achieved and maintained by the Company as of the end of
the Hiring Period and Employment Period. Such sum, if any, shall be determined by
dividing the difference between the total number of the employment shortfall in both
the Hiring Period and Employment Period and 90 by 90 and multiplying such number
by $250,000.
2. If the Company does not make 100% of the Capital Investment required
by Section I.D.1. within the Investment Period, then the Company shall reimburse that
portion of the Capital Grant that is proportional to the shortfall in the Capital
Investment as of the expiration of the Investment Period. Such sum, if any, shall be
determined by dividing the difference between the Company's actual investment at
the end of the Investment Period and $9,000,000 by $9,000,000 and multiplying such
number by $250,000.
3. The County shall provide the Company with notice of any
reimbursements that it shall be required to make under this Section. Any
reimbursements required to be made by the Company hereunder to the County in
accordance with this Section shall be repaid by the Company to the County within
ninety (90) days of notice by the County, and the County shall repay such amounts to
12
_,J -13
the GOF if required.
III. Notice.
Notice required to be given under this Agreement shall be deemed to have been
given, if in writing, (i) two (2) days after deposited in the United States Mail, certified
or registered, return receipt requested, with postage prepaid or (ii) delivery by hand
against a written receipt, and addressed as follows:
To the County: Elmer C. Hodge, Jr., County Administrator
Roanoke County Administration Center
5204 Bernard Drive, SW
Roanoke, VA 24018
With a copy to: Vickie L. Huffinan, Assistant County Attorney
Roanoke County Administration Center
P. O. Box 298900
Roanoke, VA 24018
To the Authority: Timothy W. Gubala, Secretary
Roanoke County Industrial Development Authority
5204 Bernard Drive, SW
Roanoke, VA 24018
With a copy to: Edward A. Natt, Esq.
Osterhoudt, Ferguson, Natt,
Aheron & Agee, P.C.
1919 Electric Road, S.W.
Roanoke, Virginia 24018
To the Company: Advance Stores Company, Incorporated
5673 Airport Road
Roanoke, VA 24012
Attention: Chief, Financial Officer and
Senior Vice President
With a copy to: Flippin, Densmore, Morse, Rutherford
& Jessee
1800 First Union Tower
Drawer 1200
Roanoke, VA 24006
Attention: Douglas W. Densmore, Esq.
13
IV. Assignment by the Company.
The Company shall have the right to assign this Agreement to a separate entity,
provided that any such assignment, other than by operation of law, shall not relieve
the Company of its obligations herein; provided, however, that in the event of an
assignment by operation of law, the Company's successor/assignee shall assume all of
the Company's rights and responsibilities hereunder.
V. Assignment by the County.
The County shall have the right to assign its rights and obligations under this
Agreement to the Roanoke County Industrial Development Authority, provided that
the County assigns the Incentive Funds and GOF Funds to the Authority as part of
such assignment. Any such assignment, however, shall not relieve the County of its
obligations under this Agreement.
VI. Governing Law.
This Agreement shall be governed by and all disputes related hereto shall be
determined in accordance with the laws of the Commonwealth of Virginia.
VII. No Waiver.
The failure of either party hereto to insist upon strict performance of any of the
terms, conditions and covenants herein continued shall not be deemed to be a waiver
of any rights or remedies that either party may have and shall not be deemed a waiver
of any subsequent breach or default in the terms, conditions and covenants herein
contained except as may be expressly waived in writing.
14
11 - 13
VIII. Severability.
Any term or provision of this Agreement that is invalid or unenforceable shall
not affect the validity or enforceability of the remaining terms and provisions hereof.
IX. Entire Agreement.
This Agreement constitutes the entire agreement between the parties. No
modification hereof shall be effective unless in writing and signed by both parties.
X. Binding Effect.
This Agreement shall be binding upon and shall inure to the benefit of the
parties and their respective successors and assigns.
XI. Counterparts.
This Agreement shall be executed in triplicate, each of which shall
constitute an original.
WITNESS the following signatures and seals:
Approved as to form: ROANOKE COUNTY
BOARD OF SUPERVISORS
By:
is'fa711� r? -4 A�
7ZC
Roanoke County Attorney's Offic Elmer C. Hodge
County Administrator
15
Approved as to form:
Attorney for Industrial Development
Authority of Roanoke County
Commonwealth of Virginia,
County/City of Roanoke, to -wit:
INDUSTRIAL DEVELOPMENT
AUTHORITY OF ROANOKE COUNTY
By -
Billy 14. Branch, Chairman
ADVANCE STORES COMPANY
INCORPORATED, a Virginia rporation
By: ,
Garnett E. Smith
Chief Executive Officer
The foregoing instrument was acknowledged before me this day of
1999, by Elmer C. Hodge, County Administrator, on behalf of the
Board of Supervisors of Roanoke County, Virginia.
My commission expires. ajo A00 3
Commonwealth of Virginia,
County/49it} of , to -wit:
The foregoing instrument was acknowledged before me this cRA day of
1999, by Billy H. Branch, Chairman, on behalf of the
Industrial Development Authority of Roanoke County, Virginia.
Notary Public
My commission expires: 02e "o a
12
Commonwealth o Virginia
County/City of to -wit:
The foregoing instrument was acknowledged before me this "' day of
t/ B �_ , 1999, by Garnett E. Smith, Chief Executive Officer, on
behalf of Advance Auto Stores Company, Incorporated, a Virginia corporation.
Notaryublic
My commission expires:
17