HomeMy WebLinkAbout4/11/2000 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, APRIL 11, 2000
REVISED RESOLUTION 041100-1 EXPRESSING THE APPRECIATION OF
THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE
RETIREMENT OF WALTER L. DELANEY, JR., SHERIFF'S OFFICE
WHEREAS, Walter L. Delaney, Jr., was first employed by Roanoke County on July
1, 1973 as a Deputy Sheriff with the Sheriffs Office; and also served the Sheriff's Office as
a Detective, Uniform Patrol Deputy, Court Bailiff, and Civil Process Server; and
WHEREAS, Deputy Delaney was the first black Deputy Sheriff employed by
Roanoke County in the Sheriff's Office; and
WHEREAS, Deputy Delaney retired from Roanoke County on January 1, 2000, as
a Deputy Sheriff (Civil Division), after more than twenty-five years of service; and
WHEREAS, Deputy Delaney was highly respected by his co-workers, court officials
and the public for his caring attitude and willingness to go the "extra mile" in all of his
duties; and
WHEREAS, Deputy Delaney maintained an excellent rapport with the youth of
Roanoke County and received many letters of commendation from citizens; and
WHEREAS, Deputy Delaney, through his 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
County expresses its deepest appreciation and the appreciation of the citizens of Roanoke
County to WALTER L. DELANEY, JR., for more than twenty-five years of capable, loyal
and dedicated service to Roanoke County.
FURTHER, the Board of Supervisors does express its best wishes for a happy,
1
restful, and productive retirement.
On motion of Supervisor Church to adopt the resolution, and carried by the following
recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
A COPY TESTE:
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
cc: File
Resolutions of Appreciation File
Sheriff Gerald Holt
Joe Sgroi, Director, Human Resources
2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, APRIL 11, 2000
RESOLUTION 041100-2 APPROVING THE ROANOKE VALLEY RESOURCE
AUTHORITY BUDGET FOR THE YEAR ENDING JUNE 30, 2001
WHEREAS, Section 5.9 of the Roanoke Valley Resource Authority Members Use
Agreement provides that the Authority shall prepare and submit its operating budget for the
forthcoming fiscal year to the Board of Supervisors of the County, the City Council of the
City of Roanoke, and the Town Council of the Town of Vinton; and
WHEREAS, by report dated March 22, 2000, a copy of which is on file in the office
of the Clerk of the Board, the Chairman of the Roanoke Valley Resource Authority has
submitted a request that the County approve the budget of the Roanoke Valley Resource
Authority for the year ending June 30, 2001.
THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County,
Virginia that the budget for the year ending June 30, 2001 for the Roanoke Valley Resource
Authority as set forth in the March 22, 2000, report of the Authority Chairman, a copy of
which is incorporated by reference herein, is hereby APPROVED, and the County
Administrator and the Clerk are authorized to execute and attest, respectively, on behalf
of the County, any documentation, in form approved by the County Attorney, necessary to
evidence said approval.
On motion of Supervisor Nickens to adopt the resolution, and carried by the following
recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
1
A COPY TESTE:
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
cc: Diane D. Hyatt, Director, Finance
Allan C. Robinson, Jr., Chairman, RVRA
John R. Hubbard, CEO, RVRA
Mary F. Parker, Clerk, Roanoke City Council
Carolyn S. Ross, Clerk, Vinton Town Council
FA
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, APRIL 11, 2000
RESOLUTION 041100-3 APPROVING THE ROANOKE REGIONAL AIRPORT
COMMISSION BUDGET FOR FY2000-2001, UPON CERTAIN TERMS AND
CONDITIONS
WHEREAS, Section 24.13 of the Roanoke Regional Airport Commission Act and
Section 17.(a) of the contract between the City of Roanoke, Roanoke County, and the
Roanoke Regional Airport Commission provide that the Commission shall prepare and
submit its operating budget for the forthcoming fiscal year to the Board of Supervisors of
the County and City Council of the City; and
WHEREAS, by report dated March 15, 2000, a copy of which is on file in the office
of the Clerk to the Board, the Executive Director of the Roanoke Regional Airport
Commission has submitted a request that the County approve the FY 2000-2001 budget
of the Roanoke Regional Airport Commission.
THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County,
Virginia that the FY 2000-2001 budget and proposed capital expenditures for the Roanoke
Regional Airport Commission as set forth in the March 15, 2000, report of the Commission
Executive Director, a copy of which is incorporated by reference herein, is hereby
APPROVED, and the County Administrator and the Clerk are authorized to execute and
attest, respectively, on behalf of the County, any documentation, in form approved by the
County Attorney, necessary to evidence said approval.
On motion of Supervisor Minnix to adopt the resolution, and carried by the following
recorded vote:
1
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
A COPY TESTE:
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
cc: File
Diane D. Hyatt, Director, Finance
Jacqueline L. Shuck, Executive Director, RRAC
Arthur Whittaker, Chairman, RRAC
Paul M. Mahoney, County Attorney
Mary F. Parker, Clerk, Roanoke City Council
W,
A-041100-4
ACTION NO.
ITEM NUMBER 6- 3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: April 11, 2000
AGENDA ITEM: Approval of Health Insurance Contract for School and County Employees for the
2000.01 Fiscal Year
COUNTY ADMINISTRATOR'S COMMENTS:
Diane Hyatt and the Insurance Review Team have done an outstanding job of providing a very good
healthcare plan at a reasonable cost. Many of our employees will have to incur a significant increase in
their portion of the rate increase and may never know the effort that has been put forth on their behalf to
limit the increase as much as possible. This could have been disastrous. I realize that we have yet to
conclude budget negotiations, but I am asking for your commitment for an a verage of 4°o salary increase
based on an individual employee's performance and placement in the salary range. Otherwise, some
employees will see a decrease in their net paycheck as a result of the increased cost of their healthcare.
We will continue to work with this on a regional basis to contain future costs. Recommend approval.
SUMMARY OF INFORMATION: The County and the County of Roanoke Schools participate in a
joint health insurance program for their employees. We are currently in the second year of a contract
with AETNA-US Healthcare. In February 2000 AETNA presented us with a renewal proposal for FY
2000-01 which included a 55.2% increase. After repeated attempts at negotiations we were only able to
reduce this increase to 50.9%. This increase is the result of increased claims activity of the County and
School employees. Part of this increase is due to increased health care costs and utilization by employees.
In January 2000 the Roanoke Regional Consortium requested health insurance proposals for the
Consortium as a whole and / or each of its individual members. Through this bidding process the County
received a much more favorable bid from Trigon Blue Cross Blue Shield. This bid when modified to a
July 1 implementation date was a 21.7% increase. Although this is very favorable in comparison, the
County and School staff still considered this a high increase for health insurance costs. In an effort to
further contain the increase and to keep down the claims increases in the future, the County and School
insurance team worked very diligently to reduce the benefits for further costs containment.
The following is a summary of the changes that the employee will see between the current AETNA plan
and the proposed Trigon plan.
Implementation of a three tiered drug plan ($10/$20/$35) - The trend for insurance carriers is
toward this new plan. The third tier will be charged for the newer more costly drugs that have
recently come on the market (included in the 21.7% increase).
M AFINANCE\COMMOMBOARM4-11-OOA. W PD
2. Eliminate vision benefits - This was a new benefit for the last two years with the AETNA
coverage (savings of $46,575).
3. Increase the co -pay from $15 to $20 for office visits on the POS plan (savings of $242,191).
4. Reinstate the 10% co-insurance on hospital stays (in addition to the $250 co -pay but not to exceed
the out of pocket maximum of $1,000 per person or $2,000 per family) on the POS plan (savings
of $232,875).
The insurance team felt very comfortable proceeding with the Trigon contract. Trigon representatives
made the following positive commitment to the County and the County Schools:
The customer service and claims processing office that is currently located in Richmond will be
relocated to Roanoke in July 2000. This will give our employees local access to help in resolving
any claims dispute.
2. Comprehensive deductibles will be carried forward from AETNA with a copy of a statement
submitted from the employee.
3. The Handbook and ID cards will be delivered to the employees between June 26 and July 17,
2000.
4. Trigon has recently signed a contract with both Lewis Gale and Carilion Hospitals that will be in
effect for the next five years.
5. Trigon is actively pursuing Lewis Gale doctors that have recently left the clinic to add them back
to the network.
6. Trigon will cover all pre-existing conditions for current enrollees in the health care plan.
Staff realizes that there is a limited amount of money to fund employee raises and benefits. Our
preliminary budget proposal reflected a 3% salary increase and a 25% increase in health insurance costs
with an equivalent 25% increase in the employee cost of health insurance. With the above amendment
to the benefits design the final proposal from Trigon is a 15.8% increase in total insurance costs. The rate
schedule on Attachment A was agreed to by the team of County and School representatives. This
schedule reflects a larger percentage of the health insurance costs being passed on to the employees. The
amount that is saved on the County and School side is enough to increase the pay raise to 4% for School
and County employees.
Attachment B is a calendar for the implementation of the new insurance program. Because of the time
needed to distribute information to the employees and receive enrollment back before the July 1
implementation it is critical that the Board approve the insurance proposal at today's meeting. The School
Board will be considering an identical proposal at their meeting on April 13, 2000.
STAFF RECOMMENDATION: Staff recommends approving the attached rate for health insurance for
the FY 2000-01.
M ARNANCETOMMOMBOARDI4- I I -OOA. W PD
SUBMITTED BY:
Diane D. Hyatt 61
Director of Finance
-aL- �4�
Elmer C. Hodge
County Administrator
-------------------------------------------------------------------------------------------------
ACTION VOTE
No Yes Abs
Approved (x) Motion by: Harry C. Nickens to approve Church _ x
Denied () Johnson _ x _
Received () McNamara_ x —
Referred () Minnix _ x —
To () Nickens _ x —
cc: File
Diane D. Hyatt, Director, Finance
Joe Sgroi, Director, Human Resources
Dr. Linda Weber, School Superintendent
Brenda Chastain, Clerk, School Board
M:\FINANCE\COMMON\BOARD\4-11-OOA. W PD
e
a
Attachment A
4E" B
O N
N O^O
u
�
y
N C\ �o
LO c
�N o
�or- �o
Or U
�:.rCq
00
�o
A
u W
Attachment A
4E" B
W
y
N C\ �o
N~
CC �'
•--� N M
�o
u W
o 0 o c c
w
C W
as
00W)r-
i
O N O N 1�0
raj
C p
M M 00 n N 7
ap
G 7
W
C Y1 V7
O 00 N
N
0
V
00 enN
[� C� 00 M r -
00 ONO N 00
Q
U GQ
M N N M
M 00
00 I- V't \C ll
'A
F `
N M In
a
L
Attachment A
4E" B
L
w y
�o
C W
ap
M IO
C Y1 V7
N et IT
�a
W O
M o0 M
M 00
s
d
L
U
G
CT M Q\
N �o N
N T N
o N o
U CG
N N M
N M
C 00
V1 M O
7
00 O 00
--� t- N
O Fi
I� O
�O C\ OHO
M \O
a
a
C
a
a
v
v
J v1
Vl
04 a
a a
L GT.
O C/1 V]
„ Vi Vi u..
U
a
Attachment A
4E" B
Attachment B
E—:3
Roanoke County and Roanoke County Schools
Proposed Implementation Schedule
ACTION ITEM PROPOSED START DATE RESPONSIBILITY
Notification of Sale
4/11/00
Roanoke County
and Schools
Meet to finalize benefits and discuss
implementation including:
4/4/00
Roanoke County
scheduling of open enrollment meetings
and Schools
communication materials such as brochures
and
and booklets
Trigon
identification cards
reporting/funding
Order enrollment materials
4/10/00
Trigon
Complete account profile (detailed description of
4/10/00
Trigon
benefits)
Start/complete employee meetings.
4/24/00-5/5/00
Trigon
Applications to be forwarded to Trigon as they
are completed.
Forward SPD draft for review and return for
6/15/00
Roanoke County
printing.
and Schools
and
Approved draft to be received by Trigon 6/26 by
Trigon
Roanoke County and Schools.
Collect, proof and input enrollment data.
5/17/00 — 5/31/00
Roanoke County
and Schools
Applications should be submitted as they are
and
completed by employee and group. All
Trigon
applications must be received by Trigon by 6/7/00
Distribute identification cards i
6/26/00 I
Trigon
Final SPD's delivered to Roanoke County and
7/17/00 .
Trigon
Schools for distribution to employees.
Plan fully operational
7/1/00I
Trigon
Trigon Blue Cross Shield is willing to place 510.000 at risk to ensure that we meet the schedule
outlined above. This guarantee is contingent upon Roanoke County and Schools concurrently
meeting each its deadlines as outlined above. Performance of each step of the implementation
will be togged by Trigon and settlement will be conducted by September 30, 2000.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, APRIL 11, 2000
ORDINANCE 041100-5 AUTHORIZING THE ACQUISITION OF
NECESSARY EASEMENTS AND PROPERTY TO CONSTRUCT THE
MONTCLAIR WATER LINE EXTENSION
WHEREAS, location plans for the Montclair Water Line Extension Project are being
completed and the project will require acquisition of easements across certain properties;
and
WHEREAS, said easements are to be acquired to facilitate any future construction
of the water line project; 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 March 28, 2000; and the second reading was held on April 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 the necessary easements for the
Montclair Water Line Extension Project are hereby authorized across the following
properties, referenced by tax map number, from the following property owners, their
successors or assigns:
Tax Map No. Property Owner Amount Offered
36.16-1-9 Fertitta, Samuel D. & Susan S. $2,690.00
36.16-1-10 Painter, Inez W. $ 150.00
36.16-1-11 Roanoke County School Board" $4,123.62
"The amount offered will be a credit against future water connection fees.
2. That the consideration for each easement acquisition shall not exceed a value
1
n
equal to 40% of the current tax assessment for the property to be acquired plus the cost
of actual damages, if any; and
3. That the consideration for each easement shall be paid from the Montclair
Water Line Extension Project budget; and
4. That the County Administrator, or his designee, is hereby authorized to
execute such documents and take such actions as may be necessary to accomplish this
transaction, all of which shall be on form approved by the County Attorney.
On motion of Supervisor Church to adopt the ordinance, and carried by the following
recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
A COPY TESTE:
�
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
cc: File
Arnold Covey, Director, Community Development
Terry Harrington, County Planner
John W. Birckhead, Director, Real Estate Valuation
Paul M. Mahoney, County Attorney
14
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, APRIL 11, 2000
RESOLUTION 041100-6 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 April 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 7, inclusive, as follows:
Approval of minutes - December 21, 1999
2. Approval of minutes - January 25, 2000, February 8, 2000 (Joint meeting
with Roanoke City Council), February 8, 2000, February 29, 2000.
3. Confirmation of committee appointments to the League of Older
Americans - Advisory Council and Building Code Board of Adjustments
and Appeals.
4. Request to accept and appropriate monies from the Virginia Juvenile
Community Crime Control Act and to adopt the resolution prioritizing the
expenditure of the grant proceeds.
5. Request from Schools to accept and appropriate $2,000 Bicycle Safety
Grant from the Department of Education.
6. Request for acceptance of Hickory Ridge Court and the remaining portion
of Hickory Hill Drive into the Virginia Department of Transportation
Secondary System.
7. Request for approval of annual write-off of Utility Bad Debts for 1995.
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 Nickens to adopt the Consent Resolution, and carried
by the following recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
A COPY TESTE:
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
cc: File
Michael Lazzuri, Director, Court Service Unit
Diane D. Hyatt, Director, Finance
Barry Trent, Coordinator for Health, Physical Education and Driver Education
Dr. Linda Weber, School Superintendent
Brenda Chastain, Clerk, School Board
Arnold Covey, Director, Community Development
Vincent K. Copenhaver, Finance Manager
2
A -041100-6.a
ACTION NO.
ITEM NUMBER --:7— 5
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: April 11, 2000
AGENDA ITEM: Confirmation of Committee appointment to the League of Older
Americans Advisory Council and Building Code Board of Adjustments
and Appeals
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION
LEAGUE OF OLDER AMERICANS ADVISORY COUNCIL
At the March 28 meeting, Supervisor McNamara nominated Steve Harrah to serve a one-
year term beginning March 31, 2000 and expiring March 31, 2001.
BUILDING CODE BOARD OF ADJUSTMENTS AND APPEALS
Supervisor Nickens is nominating Thomas Darnall, architect, to another four-year term
which will expire January 22, 2004.
STAFF RECOMMENDATION
It is recommended that the above nominations be confirmed.
Respectfully submitted, Approved by,
Mary H. Allen, CMC/AAE Elmer C. Hodge
Clerk to the Board County Administrator
------------------------------------------------------------------------------------------------------------------
ACTION VOTE
No Yes Abs
Approved (x) Motion by: Harry C. Nickens to approve Church _ x _
Denied () Johnson _ x
Received () McNamara_ x _
Referred () Minnix — x _
To () Nickens _ x
cc: File
League of Older Americans - Advisory Council
Building Code Board of Adjustments and Appeals
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON APRIL 11, 2000
RESOLUTION 041100-6.b APPROVING THE ACCEPTANCE OF,
APPROPRIATION OF, AND PRIORITIZATION OF VIRGINIA JUVENILE
COMMUNITY CRIME CONTROL ACT MONIES FOR FISCAL YEAR 2000-01
AND FISCAL YEAR 2001-02
WHEREAS, the County of Roanoke has been advised that it will receive monies
from the Virginia Juvenile Community Crime Control Act in the amount of $511,617 with
a required maintenance of effort (local match) of $24,644 for each of Fiscal Year 2000-
01 and Fiscal Year 2001-02, and
WHEREAS, the County of Roanoke has worked through the prescribed
collaborative efforts to establish the plan to meet the service needs of the youth of our
community.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of
Roanoke County that the County of Roanoke does agree to participate in the Virginia
Juvenile Community Crime Control Act program and does accept the monies for the
Fiscal Years 2000-01 and 2001-02, and appropriates the monies of the grant with the
required maintenance of effort towards the plan established for this community, and
BE IT FURTHER RESOLVED that the County Administrator or his designee is
hereby authorized to execute the local plan on behalf of the County of Roanoke.
On motion of Supervisor Nickens to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
A COPY TESTE:
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
cc: File
Michael Lazzuri, Director, Court Service Unit
Diane D. Hyatt, Director, Finance
John M. Chambliss, Jr., Assistant County Administrator
A -041100-6.c
ACTION #
ITEM NUMBER ... '�
MEETING DATE: April 11, 2000
AGENDA ITEM: Request to accept and appropriate $2,000 Bicycle
Safety Grant from the Department of Education
COUNTY ADMINISTRATOR'S COMMENTS:
BACKGROUND: In an effort to increase the level of physical activity in
our student population and take advantage of a rapidly growing availability
of greenways and bicycle trails, the physical education curriculum revision
team would like to develop a bicycle safety program as part of the middle
school physical education curriculum.
SUMMARY OF INFORMATION: Roanoke County Schools has been awarded a $2,000
Bicycle Safety Grant from the Department of Education. The grant is to be
used to purchase bicycle safety education resources. Funding for the
project is handled on a cost reimbursement basis. This is a request to
accept the grant and spend the funds pending reimbursement from the
Department of Education.
FISCAL IMPACT: None, no matching funds are required.
STAFF RECOMMENDATION: Appropriation of the $2,000 grant to budget code
792821-8601 to be used as stated.
Barry Tre Elmer C. Hodge
Coordinator for Health, County Administrator
Physical Education and Driver Education
------------------------------------------------------------------------------------------------------------------
ACTION VOTE
No Yes Abs
Approved (x) Motion by: Harry C. Nickens to approve Church _ x _
Denied ( ) Johnson _ x _
Received ( ) McNamara_ x _
Referred ( ) Minnix _ x
To ( ) Nickens _ x
cc: File
Barry Trent, Coordinator for Health, Physical Education and Driver Education
Diane D. Hyatt, Director, Finance
Dr. Linda Weber, School Superintendent
Brenda Chastain, Clerk, School Board
THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR
MEETING ON THE 11TH DAY OF APRIL, 2000, ADOPTED THE FOLLOWING:
RESOLUTION 041100-6.d REQUESTING ACCEPTANCE OF HICKORY RIDGE
COURT AND THE REMAINING PORTION OF HICKORY HILL 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 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 Nickens
Seconded By: None Required
Yeas: Supervisors Johnson Minnix Church Nickens, McNamara
Nays: None
Absent: None
A Copy Teste:
m�a--
541/
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
cc: File
Arnold Covey, Director, Engineering & Inspections
Virginia Department of Transportation
� tl .��-S ..e7�"ida... w•
�TrTr� rAT rTV V,4 P•
- �lb
�,. . 1 1J, 0.87—" \
,, ay 3 Ac.
.• �a� JJ4p>. .r
e 0.337 �• °' • •23
3 iz
AC. /'�
a 104,gJ.
Q.399 A,
ate � ro 'f �'4e �' •�.�
v^0.5ACj-"?a\
!;F 0.404 AC, 8
ti 0.3ss Ac, N�
y X
a
IV OR, TH
� IN
0.3 22 _ /p 8 �. S SS'02'J2' g
S1 AC. 0 33 1 s C° 2e. a
b o: i Ac. p.3 20 ° ° 221.
p,U g Ac_ hm 19
� 0.369
f aRpp IC � gc,
8 A
.
;207
g 0'2J Ac.
ti Da.aa S' % f
ra4.aa, 8
S
1r
N 1.2028 AC,
s�aog3B`.
?>o F
0.7n7,_ 14'
PROPOSED ADDITION SHOWN IN GRAY
Q 317
4
zo3• 4 AC.
DESCRIPTION:
1) Hickory Ridge Court - from the west intersection with Hickory Hill Drive to the east cul-
de-sac.
2) Hickory Hill Drive - from the existing Hickory Hill Drive, Va. Sec. Rte. # 1387, to the
cul-de-sac.
LENGTH:
\t��JD`"�^IyQ� 27
0.16 MILES
429 Ac, ate\
�� 0 3�+�:
RIGHT OF WAY:
O'a87A
PIN
c.
50 FEET
PAVEMENT WIDTH:
1)
30 FEET
2)
30 FEET
7 HOMES
SERVICE:
1)
4 HOMES
its A 631
HIM—
3 Ar-
2".
0,772•.Ac
r
0.7o.J
.• �a� JJ4p>. .r
e 0.337 �• °' • •23
3 iz
AC. /'�
a 104,gJ.
Q.399 A,
ate � ro 'f �'4e �' •�.�
v^0.5ACj-"?a\
!;F 0.404 AC, 8
ti 0.3ss Ac, N�
y X
a
IV OR, TH
� IN
0.3 22 _ /p 8 �. S SS'02'J2' g
S1 AC. 0 33 1 s C° 2e. a
b o: i Ac. p.3 20 ° ° 221.
p,U g Ac_ hm 19
� 0.369
f aRpp IC � gc,
8 A
.
;207
g 0'2J Ac.
ti Da.aa S' % f
ra4.aa, 8
S
1r
N 1.2028 AC,
s�aog3B`.
?>o F
0.7n7,_ 14'
PROPOSED ADDITION SHOWN IN GRAY
Q 317
4
zo3• 4 AC.
DESCRIPTION:
1) Hickory Ridge Court - from the west intersection with Hickory Hill Drive to the east cul-
de-sac.
2) Hickory Hill Drive - from the existing Hickory Hill Drive, Va. Sec. Rte. # 1387, to the
cul-de-sac.
LENGTH:
1)
0.16 MILES
2)
0.12 MILES
RIGHT OF WAY:
1)
50 FEET
2)
50 FEET
PAVEMENT WIDTH:
1)
30 FEET
2)
30 FEET
7 HOMES
SERVICE:
1)
4 HOMES
2)
HIM—
HICKORY HILL, SECTIONz
ROANOK' COUNTY
D.Ep.43TMENT OF Acceptance of Hickory Ridge Court and the remaining portion of
COMMUNITY DEvELOPM.1 NT Hickory Hill Drive into the Virginia Department of Transportation
Secondary System.
Z-0
7
5
Q
%
c
0
\
■
�
£ ■
\�
'§f
\
.
s
}
■
a
_
k
�
k
§
A E
d §
o
o
a�
r
r
00
\
�
/
�
\
/
/
ƒ
/
\
\
cn
CL
f
¢
\
)
Q
)
)
)
)
}
}
\
!
A
!
a
$
§
5
=
c
o
)
�
k\
\/
m
=
°
\
\
\
\
\
§
\
\
\
\
\
\
_;
m=
®=
7
\
}
}
u
E-4
\
\
k
$
(
\
�
$
j
)••
}
\
�
}
Lt/!U:/
E
e
_II
e
,
z
.1
I
1ƒ)§
�
\
Q
\
\k
/\
cc
!
\
d d
-
/
)
11
"d
A -041100-6.e
ACTION NO.
ITEM NUMBER , — 7
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: April 11, 2000
AGENDA ITEM: Request for approval of annual write-off of Utility Bad Debts for 1995
COUNTY ADMINISTRATOR'S COMMENTS:
BACKGROUND: Each year the County writes off the Utility delinquent accounts that are over five years
old. This policy is consistent with the procedures used by the Treasurer for the write off of delinquent
personal property accounts as prescribed by law.
The following efforts have been made to collect these accounts:
1. Collection letters requesting payment.
2. Filing with the Department of Taxation Debt Set-off Program.
3. Filing Warrants in Debt where a valid address is available.
4. Continuing to research for delinquent accounts through the DMV, VEC, and Department of
Taxation Records.
SUMMARY OF INFORMATION: The delinquent utility accounts to be written off at this time are:
Year Amount Number of Total Billing % of Delinquency
Accounts
1995 $8,018.07 41 $11,590,475.00 0.07%
M:\FINANCE\COMMOMBOARM4-11-OWNPDF @April 6, 2000
,7--7
A comparison of prior year delinquent account write-offs is shown below:
Year
Amount
Number of
Total Billing
% of Delinquency
Accounts
1994
$7,838.15
39
$9,848,704.00
0.08%
1993
$6,389.56
43
$8,636,519.00
0.07%
1992
$9,370.49
45
$7,801,429.00
0.12%
1991
$4,605.00
32
$7,472,725.00
0.06%
STAFF RECOMMENDATION: Staff recommends writing off the 1995 delinquent accounts.
SUBMITTED BY:
Vincent K. Copenhaver
Finance Manager
APPROVED:
Elmer C. Hodge
County Administrator
------------------------------------------------------------------------------------------------------------------
ACTION VOTE
No Yes Abs
Approved (x) Motion by: Harry C. Nickens to approve Church _ x
Denied () Johnson _ x _
Received () McNamara_ x
Referred () Minnix _ x
To () Nickens _ x _
cc: File
Vincent K. Copenhaver, Finance Manager
M:\FINANCE\COMMON\BOARD\4-11-OObd.WPD April 6, 2000
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, APRIL 11, 2000
RESOLUTION 041100-7 CERTIFYING THE CLOSED MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened
a closed meeting on this date pursuant to an affirmative recorded vote and in accordance
with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 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 members 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.
On motion of Supervisor McNamara to adopt the Certification Resolution; and
carried by the following recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
A COPY TESTE:
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
cc: File
Closed Session File
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, APRIL 11, 2000
RESOLUTION 041100-8 CERTIFYING THE CLOSED MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened
a closed meeting on this date pursuant to an affirmative recorded vote and in accordance
with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 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 members 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.
On motion of Supervisor Nickens to adopt the Certification Resolution; and carried
by the following recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
A COPY TESTE: '
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
cc: File
Closed Session File
A-041100-9
Item No. E— Li
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, APRIL 11, 2000
MEETING DATE: April 11, 2000
AGENDA ITEM: Request for approval and authorization of County Administrator to
execute revised and new contracts concerning Community
Development Block Grant related to the Advance Auto Parts project.
COUNTY ADMINISTRATOR'S COMMENTS:
The attached draft documents are still undergoing review by Advance and the County Attorney's
Office so we may need a Closed Meeting to discuss them before taking action. Essentially this is
necessary to qualify for the $700,000 CDBG grant. Under the previous agreement, Advance was
disqualified even though they hired more than the required LMI employees. The new agreement
commits the County to sharing the cost of drainage improvements if they do not qualify. We hope
to have the agreements in final form by the April 11 meeting.
EXECUTIVE SUMMARY:
This agenda item is to request approval and authorization for the County Administrator to
execute the following agreements on behalf of the Board of Supervisors of Roanoke County in
connection with the Advance Auto Parts project.
1. Industry Agreement between the Board of Supervisors of Roanoke County (the
"County") and Advance Stores Company, Incorporated ("Advance") in connection with the
Community Development Block Grant (CDBG) from the Virginia Department of Housing &
Community Development (VDHCD).
2. Agreement between VDHCD and the County (VDHCD/County Agreement) in
connection with the CDBG.
3. Supplemental Agreement between the County and Advance for funding provisions
supplemental to the Performance Agreement dated November 24, 1999, and the Industry Agreement
(#1 above).
BACKGROUND:
On September 14, 1999, the Board approved an economic development project for the
expansion of the Advance Stores headquarters in Roanoke County and appropriated $641,500 in
incentive funds. The Performance Agreement, dated November 24, 1999, has been executed by the
E-µ
County, the Industrial Development Authority of Roanoke County, Virginia (IDA), and Advance.
On January 11, 2000, the Board took action to ratify an amendment to the Performance Agreement
to provide additional Incentive Funds to Advance if the company generates more than $641,500 in
tax revenue during the five year pay -back period. A signed copy of the Performance Agreement is
placed in the Board reading file for reference purposes.
A prior Industry Agreement, dated November 24, 1999, is to be nullified by the new Industry
Agreement, due to the Company's prior employment having been determined not to be acceptable
under Federal requirements for receipt of the CDBG funds.
SUMMARY OF INFORMATION
The Industry Agreement and the VDHCD/County Agreement are required in order to receive
the CDBG and must be executed by the April 12, 2000, deadline. They are currently in draft form
and are being reviewed by Advance. Advance is also in the process of preparing employment data
to be submitted to the VDHCD for the CDBG and the new data, if approved by the VDHCD, is to
be incorporated into the new Industry Agreement and the Special Conditions ofthe VDHCD/County
Agreement. Essentially, the Industry Agreement sets forth Advance's obligations to the County to
attain certain levels of employment and investment during the contract period of no later than March
31, 2003, and provides for pay -back of the funds if the requisite levels are not met. The
VDHCD/County Agreement sets forth the corresponding obligations of the County to the State and
extensive provisions for the administration of the CDBG, with the responsibility to reimburse the
VDHCD if all requirements, including Advance's employment and investment levels, are not met.
The Supplemental Agreement is to serve as an addendum to the Performance Agreement
dated November 24, 1999, and the new Industry Agreement. It provides that, if Advance fails to
meet the requisite employment levels under the Industry Agreement, the County and Advance will
share 50/50 in the reimbursement of expended CDBG funds to the state and share 50/50 the cost to
complete the Advance Auto/Boxley Hills Drainage Project. This agreement also provides that any
additional appropriation of incentive funds to Advance, as approved by the Board on January 11,
2000, will be subject to recoupment of the County's 50% share of expenditures to reimburse CDBG
funds or to complete the Drainage Project, if any, through the tax revenue to be generated by
Advance.
FISCAL IMPACT
Appropriation of the sum of $350,000 from the General Fund Unappropriated Balance
as the County's 50% share under the Supplemental Agreement. The condition of this appropriation
shall be that the Supplemental Agreement must contain a provision that Advance will proceed within
ninety (90) days with significant aspects of the project, such as with a groundbreaking ceremony,
through letting of contracts for architectural engineering and/or construction, or other evidence of
progression satisfactory to the County.
ALTERNATIVES
1. Approve the Industry Agreement, the VDHCD/County Agreement and the Supplemental
Agreement (with revisions in accordance with the Fiscal Impact statement above), and authorize the
County Administrator to execute these and other necessary and related agreements on the Board's
behalf, subject to approval as to form by the County Attorney, and appropriate $350,000 from the
General Fund Unappropriated Balance.
2. Decline to approve the attached agreements, thereby missing the essential April 12, 2000
deadline for accepting the CDBG grant.
STAFF RECOMMENDATION
Staff recommends that the Board of Supervisors approve Alternative #1 appropriating the
funds and authorizing the County Administrator to execute these and other related agreements
necessary for the Advance Auto Parts project, subject to approval as to form by the County Attorney.
Respectfully submitted:
Isi
e .Waugh
stant Director
Approved (x)
Denied ( )
Received ( )
Referred ( )
To ( )
cc: File
Approved:
e,u.w
Elmer C. Hodge
County Administrator
ACTION
Motion by: Harry C. Nickens to approve
staff recommendation and appropriate
$350,000 from unappropriated balance
L-4
VOTE
No Yes Abs
Church _
x _
Johnson _
x _
McNamara_
x
Minnix _
x _
Nickens _
x
Joyce W. Waugh, Assistant Director, Economic Development
Paul Mahoney, County Attorney
Diane D. Hyatt, Director, Finance
INDUSTRY AGREEMENT
This Industry Agreement (this "Agreement") dated this day of ,
2000, by and between the BOARD OF SUPERVISORS OF ROANOKE COUNTY, a political
subdivision existing under the laws of the Commonwealth of Virginia (the "County"), and
ADVANCE STORES COMPANY, INCORPORATED, a Virginia corporation (the
"Company").
RECITALS
A. The Company plans to expand its existing administrative offices (the "Project")
situate on Airport Road in the County of Roanoke, Virginia (the "Site").
B. The County desires that the Company undertake the Project on the Site and, as
part of its incentive package to the Company in furtherance of the Project, the County applied
for, and was awarded, a Community Development Block Grant ("CDBG") in the amount of
$700,000 ("CDBG Grant").
C. The parties desire to enter into this Agreement in accordance with the terms and
conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the parties hereby agree as follows:
1. The Company shall construct the Project upon the Site , at which offices the
Company shall retain approximately Four hundred (400) existing jobs and create a minimum of
ninety (90) new jobs as of the earlier of the "Completion of the Project" (as hereafter defined) or
March 31, 2003. At least fifty-one percent (51%) of all new jobs created by the earlier of the
Completion of the Project or March 23, 2003, including all new jobs beyond the minimum
number required, ninety (90), shall be accepted and retained by ("held by") low and
moderate -income ("LMI") individuals ("LMI Individuals"). LMI Individuals shall be deemed to
be those individuals whose annual family income prior to employment with the Company is less
than eighty percent (80%) of the median income for Roanoke, Virginia, as determined by the
United States Housing & Urban Development's ("HUD") Section 8 Income Limits, attached
hereto as Exhibit A, including both family size and income limits. Such new jobs shall not
duplicate positions existing with the Company prior to April 1, 2000. This employment
requirement shall be complied with and shall be achieved by March 31, 2003.
2. The Virginia Employment Commission ("VEC") shall maintain documentation on
the persons who are hired by the Company during the term of this Agreement by the following
characteristics:
a. Gender;
b. Head of household;
C. Elderly;
d. Handicapped;
e. Racial, ethnic status (White -not Hispanic, Black -not
Hispanic, Hispanic, American Indian/Eskimo/Aleut,
Asian/Pacific Islander); and
f. Income status (collectively, the above characteristics shall
be known as the "Characteristics").
3. The Company shall submit documentation, certified by the VEC, to the County of
the number and Characteristics of all the new employees hired by the Company on the 15th day
of each month during the term of this Agreement, or until the County has received written
approval from the Virginia Department of Housing & Community Development ("VDHCD") to
terminate submission of such documentation.
4. The Company shall invest not less than Six Million Dollars ($6,000,000) for all
site development and physical 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.,
and for the Company's additional expenditures for the acquisition of new, used or relocated
furnishings, computer equipment, cabinets, phones, signs, and other miscellaneous business and
personal property related to the Project (collectively, the "Project -related expenses"), within three
(3) years from the date of this Agreement. The Company shall verify its capital investment in
the Project to the County and/or the VDHCD by one (1) of the following methods: a) submission
by the Company of Site development and building construction contracts and expenditure
records verifying Project -related costs; b) submission by the Company of copies of paid invoices
or bills for all Project -related costs; or c) an audit of all Project -related capital expenditures
provided by the Company and prepared by an independent certified public accountant, such that
the County and the VDHCD, based on generally accepted accounting principles, reasonably can
verify that the Company has invested not less than Six Million Dollars ($6,000,000) in the
Project. The County and the VDHCD shall have the right to require the independent audit
provided in option 4(c) hereof should the method offered by the Company in options 4(a) or 4(b)
hereof prove to be inconclusive.
5. The Company shall provide the County and officials of the VDHCD and the
United States Department of Housing & Urban Development with reasonable access to its
administrative offices to observe the Company's operation on the Site solely for the purpose of
substantiating the employment and investment levels that the Company is required to achieve
under the terms of this Agreement. Additionally, the Company shall provide the County and
officials of the VDHCD and the United States Department of Housing & Urban Development
with copies of Company records substantiating the investment levels that the Company is
required to achieve under the terms of this Agreement and documenting the number of jobs held
by LMI Individuals.
6. In the event that the Company does not construct the Project on the Site and
achieve the investment levels pursuant to paragraph 4 hereof, the Company shall reimburse the
County and/or the VDHCD all CDBG Grant funds actually expended by each such entity,
provided, however, that the total amount to be reimbursed by the Company under this provision,
if any, shall not exceed the actual amount of the CDBG Grant of $700,000. The Company
agrees to make any reimbursement required hereunder within thirty (30) days of written notice
to the Company by the County or the VDHCD stating that repayment is required and containing
appropriate documentation supporting the claim for reimbursement.
7. In the event that the Company fails to both create a minimum of ninety (90) new
jobs and employ LMI Individuals in at least fifty-one percent (51%) of the new jobs created
pursuant to paragraph 1 herein during the term of this Agreement, the Company shall reimburse
the County and/or the VDHCD all CDBG funds actually expended by each such entity, provided,
however, that the total amount to be reimbursed by the Company under this provision, if any,
shall not exceed the actual amount of the CDBG Grant of $700,000. The Company agrees to
make any reimbursement required hereunder within thirty (30) days of written notice to the
Company by the County or the VDHCD that repayment is required and containing appropriate
documentation supporting the claim for reimbursement.
8. This Agreement shall terminate upon "Completion of the Project" or March 31,
2003, whichever is earlier, unless the Company and the County apply for and receive written
approval of an extension of the term of this Agreement from the VDHCD. For purposes of this
Agreement, "Completion of the Project" shall mean all of the following:
a. Completion of the Boxley Hills Community Drainage Project, for which
the County shall expend the CDBG Funds ;
b. Completion of the Company's expansion of its administrative offices on
the Site, with achievement of the investment levels provided for herein
and withthe expanded facility being fully operational; provided, however,
that the parties acknowledge that the term "fully operational" shall mean
that the Project is operational for its intended use and that the employees
hired pursuant to this Agreement are employed on the Site , and "fully
operational" shall not mean that such facility is at full personnel capacity
or that all available work space is utilized;
C. Achievement of the employment levels and types provided for herein;
d. Provision by the Company to the County of the necessary documentation
to substantiate the required investment and employment levels under the
terms of this Agreement; and,
e. Receipt of written confirmation of completion and acceptance from the
VDHCD verifying satisfaction of all requirements for the CDBG Funds
and termination of further requirements under this Agreement.
9. Responsibility for administration of the CDBG Funds and construction and
completion of the Roanoke County/Advance Auto Parts—Boxley Hills Drainage Improvements
Project (the "Drainage Project") shall be with the County, pursuant to an agreement dated April
12, 2000, between the County and the VDHCD, which is incorporated herein by reference to the
extent applicable. The Company agrees to assist and cooperate with the County in a reasonable
manner to provide all necessary data to the appropriate governmental agencies in connection
with the CDBG and in satisfying the necessary requirements of the VDHCD and the United
States Department of Housing & Urban Development in connection with the CDBG Grant,
including the applicable provisions of said County/VDHCD Agreement dated April 12, 2000.
10. Notice required to be given under this Agreement shall be deemed to have been
given, if in writing, (i) three (3) days after deposited in the United States Mail, certified or
registered, return receipt requested, with postage prepaid, (ii) delivery by hand against a written
receipt, or (iii) when delivered to a national recognized overnight delivery service, e.g. FedEx or
UPS, with delivery fees prepaid or billed to sender, and addressed as follows:
To the County: Elmer C. Hodge, Jr., County Administrator
Roanoke County Administration Center
5204 Bernard Drive, SW
Roanoke, Virginia 24018
With a copy to: Paul M. Mahoney, County Attorney
Roanoke County Administration Center
P.O. Box 29800
5204 Bernard Drive, SW
Roanoke, Virginia 24018
To the Company: Advance Stores Company, Incorporated
5673 Airport Road
Roanoke, VA 24012
Attention: Senior Vice President of HR
With a copy to: Flippin, Densmore, Morse, Rutherford & Jessee
1800 First Union Tower
Drawer 1200
Roanoke, VA 24006
Attention: Douglas W. Densmore, Esq.
11. 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.
12. This Agreement shall be governed by and all disputes related hereto shall be
determined in accordance with the laws of the Commonwealth of Virginia.
13. The failure of either party hereto to insist upon strict performance of any of the
terms, conditions and covenants herein contained 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. 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.
15. This Agreement constitutes the entire agreement between the parties. No
modification hereof shall be effective unless in writing and signed by both parties.
16. This Agreement shall be binding upon and shall inure to the benefit of the parties
and their respective successors and assigns.
17. This Agreement shall supercede that certain Industry Agreement dated November
24, 1999, between the parties hereto, which shall be deemed null and void.
18. This Agreement shall be executed in triplicate, each of which shall constitute an
original.
WITNESS the following signatures and seals.
BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA
By: (SEAL)
Elmer C. Hodge, Jr.
Its: County Administrator
ADVANCE STORES COMPANY,
INCORPORATED
By: (SEAL)
Joe H. Vaughn, Jr.
Its: Senior Vice President, Human Resources
STATE OF VIRGINIA,
CITY/COUNTY OF ROANOKE, to -wit:
The foregoing agreement was acknowledged before me this day of ,
2000, by Elmer C. Hodge, Jr., County Administrator, on behalf of the Board of Supervisors of
Roanoke County, Virginia.
Notary Public
My Commission Expires:
STATE OF VIRGINIA,
CITY/COUNTY OF ROANOKE, to -wit:
The foregoing agreement was acknowledged before me this day of ,
2000, by Joe H. Vaughn, Jr. Senior Vice President,Human Resources, on behalf of Advance
Stores Company, Incorporated, a Virginia corporation.
Notary Public
My Commission Expires:
Mar -21-00 06:24pm From -
t -741 P.02/19 F-592
CONTRACT #99-33 DRAFT
AGREEMENT
This AGREEMENT, entered into as of this 1" Day of April, by and between the Virginia
Department of Housing and Community Development hereinafter referred to as "DHCD" and
Roanoke County hereinafter referred to as "GRANTEE. "
WITNESSETH
WHEREAS, the Commonwealth of Virginia has been authorized to distribute and administer
Community Development Block Grant (CDBG) funds pursuant to the Housing and Community
Development Act of 1984, as amended., and
WHEREAS, DHCD has been authorized by the Governor of the Commonwealth of Virginia to
distribute and administer CDBG funds in the form of COMMUNITY IMPROVEMENT GRANTS
(CIG) according to the CDBG Program Design, and
WHEREAS, the PROJECT as described in the Community Improvement Grant Proposal as
submitted by the GRANTEE has achieved a sufficiently high ranking through a competitive
proposal selection system to qualify for Community Improvement Grant funding on the basis of
the CDBG Program Design,
Now THEREFORE, the above mentioned parties hereto do mutually agree as follows:
1. DHCD agrees to award the GRANTEE a COMMUNITY IMPROVEMENT GRANT in
an amount of the total allowable, eligible costs in carrying out the ACTIVITIES included
in the scope of the work herein described not to exceed $700.000 (seven hundred thousand
dollars).
2. DHCD agrees to provide the GRANTEE with technical assistance in setting up and
carrying out the administration of its COMMUNITY IMPROVEMENT GRANT.
3. The GRANTEE will commence, carry out and complete the following scope of work (more
thoroughly described in the GRANTEE'S CIG Proposal).
PROJECT TITLE: Roanoke County/Advance Autoparts—Boxley Hills Drainage
Improvements
SCOPE OF 'WORK: Improving living conditions of 200 households through provision
(s) of jobs by assisting the expansion of Advance Autoparts Corporate Headquarters
through the construction of off-site drainage improvements in the Boxley Hills area.
BENEFITS: Provision of jobs for at lease 200 individuals. Fifty-one (5 1) percent
of all jobs created being either available to or held by low -to moderate income individuals.
Isar -21-00 06:25pm From- T-741 P.03/19 F-592
ACTIVITIIrS:
E— of
1. Construction of drainage improvements, including
a. Installation of approximately 175 linear feet of 15 inch
drainage pipe;
b. Installation of approximately 290 linear feet of 18 inch
drainage pipe;
c. Installation of approximately 1,316 linear feet of 30 inch
drainage pipe;
d. Installation of approximately 549 linear feet of 36 inch
drainage pipe;
e. Installation of approximately 670 linear feet of 42 inch
drainage pipe,
f. Installation of approximately 17 curb inlets; and
g. Installation of approximately 2,800 linear feet of curb and
gutter and 2 manholes.
2. Construction of a 100,000 square foot expansion to the existing
Advance Auto Parts Corporate headquarters.
4. The aforementioned PROJECT shall be carried out, and grant payments made in strict
conformance with the CONTRACT DOCUMENTS,
5. The GRANTEE will use the lesser of (1) the amount specified above, or (2) if, at total
PROJECT completion, there are cost underruns or project savings, these costs shall revert
to the Department of Housing and Community Development and other funding sources
committed to the PROJECT in the CIG proposal on a proportional basis, unless superseded
by other federal program requirements. In no case will leveraged funds be returned
beyond that amount which would have changed the PROJECT's ability to be funded
initially.
6. The GRANTEE will initiate the ACTIVITY(S) required by the CONTRACT
DOCUMENTS beginning April 1. 2000, unless grant Special Conditions require additional
action on specified ACTIVITY(S) before proceeding with that ACTIVITY(S). In such
instances the GRANTEE will initiate action relative to removal of the Special Conditions
beginning with the execution of this AGREEMENT.
7. The GRANTEE shall complete the work as described in the CONTRACT DOCUMENTS
within 24 months of the execution of this AGREEMENT, or more specifically on or before
March 31. 2002. If the ACTIVITIES are not completed by this date all CIG funding and
this AGREEMENT shall be terminated and the Grantee shall return all unexpended funds,
unless an amendment to the CONTRACT DOCUMENT provides otherwise.
8. DHCD agrees to make payment to the GRANTEE upon receipt of a properly completed
and signed invoice. Requests for payment may be made allowing approximately
twenty-one days to receive the funds. Funds are to be immediately disbursed by the
GRANTEE and shall not be deposited in an interest-bearing account.
Isar -21-00 06:26pm From -
T -741 P.04/19 F-592
9. The term CONTRACT DOCUMENTS means the following documents which are a part
of this AGREEMENT and are incorporated by reference herein as if set out in full.
(A) GRANTEE'S CIG Proposal (including revisions)
(a) AGREEMENT
(C) Special Conditions
(D) General Conditions
(E) ASSURANCES
(F) AMENDMENTS
(G) CIG Management MANUAL (Those items specified as being required)
(H) CIG Contract Negotiation Guide
(1) CIG Project Implementation Overview
(J) PROJECT MANAGEMENT PLAN
Mar -21-00 06:26pm From -
T -741 P.06/19 F-592
In witness whereof, the patties hereto have executed or caused to be executed by their duly authorized official
this AGREEMENT in duplicate, each cony of which will be deemed an original.
COMMONWEALTH Of VIRGINIA,
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
BY: _ DATE:
Deputy Director
City of Richmond,
Commonwealth of Virginia.
I do certify that M. Shea Hollifield personally appeared before me and made oath that she is Peouty Director
of the Department of Housing and Community Development and that she is duly authorized to execute the
foregoing document.
My commission expires _
Given under my hand this _ __ day of .2000
Notary Public
ROANOKE COUNTY
GRANTEE
DATE:
County Administrator
County of Roanoke
Commonwealth of Virginia
I do certify that personally appeared before me and made oath that he/she is
of the and that he/she is duly authorized to execute the foregoing document.
My commission expires
Given under my hand this day of —2000 .
Notary Public
Mar-ZI-00 06:Z8pm From -
GENERAL CONDITIONS
T -741 P.08/19 F-592
DEFINITIONS - Whenever used in the CONTRACT DOCUMENTS the following terms when written
in all capital letters shall have the meanings indicated and shall be applicable to both the singular and
plural thereof:
A. ACTIVITY - A PROJECT activity that constitutes a specific portion of the PROJECT, and as
such is covered by its own budget account.
B. AMENDMENT - A formal addition or modification to the CONTRACT DOCUMENTS which
has been approved in writing by both parties, and which affects the scope, objectives or
completion date of the PROJECT, or which affects the manner in which the PROJECT is to
be carried out.
C. APPLICANT - The entity which made the proposal for COMMUNITY IMPROVEMENT
GRANT funding and accepted responsibility for assuring compliance and performance of all
conditions.
D. ASSURANCES - The ASSURANCES which are attached to this document.
E. COMMUNITY IMPROVEMENT GRANT (CIG) - The funds, the PROJECT and
ACTIVITIES to be funded, and all conditions, laws and regulations affecting administration
of funds currently in effect or as subsequently- amended, and provided by DHCD to the
GRANTEE from Community Development Block Grant funds allocated by the U.S.
Department of Housing and Urban Development.
F. CONTRACT DOCUMENTS - The legal agreement between DHCD and the GRANTEE
including the AGREEMENT and all documents referenced in paragraph 9 thereof.
G. GRANTEE - The entity which is the recipient of CIG funds and as such must comply with
CONTRACT DOCUMENTS,
H. MANUAL - The Community Improvement Gram Management Manual, which contains
required forms and instructiuns for the administration of CIG's and provides required and
non -required procedures for project management.
I. PROJECT - The physical activities undertaken to meet the overall stated objective for which
CIG funding is utilized.
J. PROJECT MANAGEMENT PLAN - A plan prepared by the Grantee, which identifies roles,
responsibilities, method of contract administration and oversight, key dates for task
implementation and completion, analysis of potential problems and management organization.
K. WORK - All labor, equipment and materials necessary to produce the construction of the
PROJECT as required by the CONTRACT DOCUMENTS.
Mar -21-00 06:29pm From -
T -741 P.09/19 F-592
L. WRITTEN NOTICE - Any notice from one party to the AGREEMENT to the other signed by
an authorized official which transmits binding statements of fact or condition and is delivered
to the appropriate authorized official either in person or through the United States mail.
2. ADMINISTRATIVE PROCEDURES - The GRANTEE shall perform all contracted WORK and
administer all grant funds and activities in conformance with the general terms and special conditions
set forth where required in DHCD's MANUAL, and any WRITTEN NOTICES from DHCD.
3. ACCOUNTING RECORDS - The GRANTEE shall establish and maintain separate accounts within
its existing accounting system or set up accounts independently which are in conformity with the
requirements of the Code of Federal Regulations (24 CFR Part 85), the DHCD MANUAL
requirements and any WRITTEN NOTICES from DHCD. The GRANTEE shall record in its
accounting system all Grant payments received by it pursuant to this Grant and all other funds provided
for, accruing to, or otherwise received on account of the Grant.
All costs, including paid services contributed by the GRANTEE or others, charged to the Grant shall
be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing
in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts,
vouchers, orders, or other accounting documents pertaining in whole or in part to the Grant shall be
clearly identified, readily accessible, and separate and distinct from all other such documents. Such
documents shall reside at the offices of the GRANTEE locality.
4. COSTS INCURkED PRIOR TO GRANT AGREEMENT EXECUTION - No costs incurred prior to
the execution of the AGREEMENT shall be eligible for reimbursement with Grant funds, unless such
incurred costs are authorized in writing by DHCD.
5. PROGRAM BUDGET - The GRAN'rEE shall carry out activities and incur costs only in conformance
with the latest approved budget for the Grant and subject to the provisions of these CONTRACT
DOCUMENTS. The budget may be. revised through Administrative Procedures detailed in the
MANUAL, but no such budget or revision shall be effective unless and until the Department shall have
approved the same in writing or as indicated in item 16 of these General Conditions.
6. RECORDS - The GRANTEE shall maintain such records in such a manner as prescribed in the
MANUAL. Records shall be readily accessible to DHCD, appropriate State and Federal agencies, and
the general public during the course of the project and shall remain intact and accessible for five years
from final closeout. Except if any litigation claim or audit is started before the expiration of the five-
year period the records shall be retained until such action is resolved. Notwithstanding, records of any
nonexpendable property must be retained for a five-year period following final disposition.
7. REPORTS - The GRANTEE shall furnish, regularly and in such form as DHCD may require, reports
concerning the status of project activities and grant funds. Such reports shall be submitted in the form
and manner as prescribed in the MANUAL and in WRITTEN NOTICES from DHCD.
All reports shall be completed in full and submitted at the time prescribed by DHCD. Reports shall
contain accurate information and shall detail any problems, delays or adverse conditions experienced.
Mar -21-00 06:29pm From -
T -741 P.10/19 F-592
4C—
QUALITY CONTROL - The GRANTEE accepts the responsibility to assure that all grant funded
ACTIVITIES shall be implemented with the highest possible degree of competence, workmanship,
quality and cost effectiveness. To this end the GRANTEE shall provide a system of quality control
to include all aspects of grant administration and project implementation.
The GRANTEE shall obtain a certification of inspection and ictal completion signed by the project
engineer or by the person responsible for quality control at the completion of each construction
ACTIVITY.
9. COMMUNICATIONS - WRITTEN NOTICES shall constitute the only means of binding_ statements
of fact or condition between the parties of this agreement. All required reports and requests to be
issued by the GRANTEE must be made by way of a WRITTEN NOTICE unless other means are
specified in the CONTRACT DOCUMENTS. All directives, findings and other formal issuances by
DHCD must be transmitted through a 'WRITTEN NOTICE unless otherwise specified in the
CONTRACT DOCUMENTS,
WRITTEN NOTICES shall be signed by/addressed to the appropriate authorized official and shall be
considered transmitted when delivered in person or through the United States mail.
The GRANTEE shall act upon and respond to WRITTEN NOTICES promptly as directed.
10. ACCESS TO BENEFITS - No access or connection fees shall be charged to low- and moderate -income
persons for access to improvements or benefits provided by grant funds. All low- and
moderate -income persons identified in the proposal shall be assured free connection access to and use
of grant assisted improvements by payment of regular monthly user charges for the specified service.
11. BENEFITS - The PROJECT shall be implemented in such a manner so as to provide benefits to all
persons identified in the project proposal. Affirmative steps shall be taken to assure direct benefit to
low- and moderate -income persons in the number and extent identified in the proposal.
12. PROGRAM INCOME - Any income derived from activities financed with grant funds is program
income and shall be utilized in the following manner:
1) Program income earned during the life of the grant shall be utilized on the project in accordance
with this AGREEMENT. Such payments shall be utilized to offset grant drawdowns from the
locality's grant account. All program income must be expended prior to Administrative
Closeout of the grant or returned to DHCD.
Mar -21-00 06:30pm From -
T -741 P.11/19 F-592
2) Income earned after Administrative Closeout mast be returned to DHCD, unless DHCD has
approved a Plan for the Use of Program Income. Program Income plans will only be approved
when the Plan proposes to continue the same activity in the same location that originally
produced the program income.
13. CONTRACT SECURITY - The GRANTEE shall secure all materials and equipment, purchased or
paid for with grant funds through insurance coverage of the full value of the same.
All persons contracted, employed or otherwise utilized in the grant and .having responsibility for the
management, disposition, expenditure or use of Grant funds shall be bonded by a surety registered to
do business in the Commonwealth of Virginia in an amount commensurate with their authority and
potential liability.
14. METHOD AND TIMING OF PAYMENT - The GRANTEE shall utilize Request for Payment
procedures as specified in the MANUAL. The GRANTEE shall request funds only for those amounts
which have been obligated, encumbered or expended through other accounts and which can be
expended upon receipt or soon thereafter. To this end, the GRANTEE shall develop a financial
management system which provides for timely expenditure of requested grant fonds.
15. DRAWDOWN AND PAYMENT OF GRANT FUNDS - Drawdowns and expenditure of CDBG funds
must be made subsequent to or in proportion to other funds within the budget per activity.
16. BUDGET REVISIONS/AMENDMENTS - The GRANTEE shall not obligate, encumber, spend or
otherwise utilize CIG funds for any activity or purpose not included or not in conformance with the
budget as apportioned and as submitted to DHCD unless:
1) The GRANTEE has received explicit approval by WRITTEN NOTICE from DHCD to
undertake such actions, or
2) The activity or purpose is consistent with the objectives and scope of the approved PROJECT
and does not entail a budget change between ACTIVITIES or between line items within
ACTIVITIES exceeding $5,000 at one transfer or 5 % of the total CIG amount cumulatively,
including all previous budget changes.
17. CHANGE ORDERS - DHCD must approve all change orders greater than $5,000 on community
facility construction and cumulatively exceeding $1,004 on housing rehabilitation contracts. Any
change order, regardless of cost, which results in a change of project scope will be a disallowed cost.
18. TERMINATION, SUSPENSION, CONDITIONS -
1. FOR CAUSE - If through any cause, the GRANTEE or DHCD fails to comply with the terms,
conditions or requirements of the CONTRACT DOCUMENTS the other party may terminate
or suspend this AGREEMENT by giving WRITTEN NOTICE of the same and specifying the
effective date of termination or suspension at least five (5) days prior to such action.
If, after the effective date of any suspension of this AGREEMENT, it is mutually agreeable to
Mar -21-00 06:31pm From -
T -741 P.12/19 F-592
DHCD and the GRANTEE upon remedy of any contract violation by the GRANTEE or
DHCD, the suspension may be lifted and the AGREEMENT shall be in full force and effect
at a specified date after the parties have exchanged WRITTEN NOTICES stating a mutual
understanding that the cause fbr suspension has been identified, agreed to and remedied.
In the case of contract violations by the GRANTEE, DHCD may impose conditions other than
termination or suspension which are appropriate to ensure proper grant and project
administration and adherence to the terms of the CONTRACT DOCUMENTS. Such
conditions must be imposed through WRITTEN NOTICE.
2. FOR CONVENIENCE - DB CD may terminate this AGREEMENT for convenience in the
event that DHCD is no longer authorized as an agency to administer the CDBG program or if
the federal funds allocated are no longer available.
The GRANTEE may terminate this AGREEMENT for convenience at any time provided that
all of the following conditions are met:
a) The GRANTEE gives DHCD ten (10) days WRITTEN NOTICE; and
b) The ACTIVITIES which have been initiated either have been completed and may be
utilized in their stage of completion in a manner consistent with the objectives in the
GRANTEE'S CIG Proposal, or will be completed by the GRANTEE through its own
or other resources; and
C) The GRANTEE had honored or will honor all contractual obligations to third parties
affected by the PROJECT; and
d) DHCD agrees to the termination.
A GRANTEE'S valid termination for convenience in accordance with these CONTRACT
DOCUMENTS shall not affect nor prejudice the GRANTEE'S future relationship with DHCD
nor its future consideration as a CIG recipient.
19. SUBSEQUENT CONTRACTS - The GRANTEE shall remain fully obligated under the provisions of
the CONTRACT DOCUMENTS notwithstanding its designation of any subsequent or third parties for
the undertaking of all or part of the ACTIVITIES for which the Grant assistance is being provided to
the GRANTEE.
Any GRANTEE or CONTRACTOR or SUBCONTRACTOR which is not the APPLICANT shall
comply with all the lawful requirements of the APPLICANT necessary to ensure that the PROJECT
for which this assistance is being provided under this AGREEMENT is carried out in accordance with
the APPLICANT's Assurances and Certifications.
Grantee shall obtain a financial disclosure report from all contractors, subcontractors, developers and
consultants which certifies the financial interest of all officers, directors, principal stockholders or
additional persons with a 10 percent or greater interest in the contract.
Mar -21-00 06:32Am From—
T-741 P.13/19 F-592
20. POLITICAL ACTIVITY PROHIBITED - None of the funds, materials, property or services
contributed by the DHCD or the GRANTEE, under this AGREEMENT, shall be used in the
performance of this AGREEMENT for any partisan political activity, or to further the election or
defeat of any candidate for public office.
21. INTEREST OF MEMBER OF AGENCY AND OTHERS - No officer, member, or employee of the
GRANTEE and no member of its governing body, and no other public official of the governing body
of the locality or localities in which the PROJECT is situated or being carried out, who exercises any
functions or responsibilities in the review or approval of the undertaking or carrying out of this
PROJECT shall participate in any decision relating to this AGREEMENT which affects his personal
interest or have any personal or pecuniary interest, direct or indirect, in this AGREEMENT or the
proceeds thereof.
22. OFFICIALS NOT TO BENEFIT - No member of or delegate to the Congress of the United States of
America and no Resident Commissioner shall be admitted to any share or part hereof or to any benefit
to arise therefrom.
23. CERTIFICATIONS - The GRANTEE certifies that it will comply with the following: a) Freedom of
Information Act; b) Virginia Conflict of Interest Act; c) Virginia Fair Employment Contracting Act.
24. BENEFICIARIES - There are no third party beneficiaries of this contract. The provisions contained
in these CONTRACT DOCUMENTS represent the entire AGREEMENT between DHCD and the
GRANTEE. The provisions are designed to assist in meeting the community needs of. the GRANTEE
identified in the GRANTEE'S CIG proposal, but are not designed to accrue to the specific benefit of
any individual person or entity residing or located in the GRANTEE'S community or elsewhere.
Consequently, the terms of these CONTRACT DOCUMENTS may be enforced by DHCD or the
GRANTEE exclusively and not by any individual person or entity residing or located in the
GRANTEE'S community or elsewhere as a third -party beneficiary of this contract.
Mar -21-00 06:27pm From -
SPECIAL CONDITIONS
7 -741 P.06/19 F-592
1. Notwithstanding the effective date of this contract, April 1, 2000, eligible administrative expenses are not
to exceed $51,834. Pre -contract management assistance costs of $3,050 incurred prior to this date have
been approved for reimbursement and must be deducted from the total $51,834 administrative allocation.
The effective date of this authorization is August 25, 1999.
2. A total of $6,777,131 in funds is committed to this project. Sources of funds are as follows:
Advance Auto farts Corporation $6,000,000
Roanoke County $ 77,131
DHCD $ 7005000
Total $6,777,131
Funds committed by grantee ($77,131) slhall be expended prior to or in proportion to CDBG Community
Improvement Grant Funds within the budget, per activity.
Documentation on the expenditure of these funds shall be maintained by the grantee and reported to
DHCD before final project closeout status can be determined.
3. CDBG funds available are up to $700,000, no more than $51,834 of which will be used for administration
of this grant by the grantee. Any cost undenvns on CDBG funded construction shall not be drawn on this
project without DHCD approval through change orders.
4. The Grantee must ensure that at least 51 % of all jobs created as a result of the construction activities
funded by CDBG, i.e., Advance Autoparts Corporate Headquarters expansion, are available to (or helot by)
low -to moderate income individuals. Prior to receiving any CDBG funds the Grantee must provide DHCD
with a revised and accurate projection of jobs to be created by the Industry. This projection should include
position descriptions in order that DHCD can reasonably determine that positions, as proposed, are
available to low -to moderate -income individuals as defined by U. S. Department of Housing and Urban
Development in 24 CFR 570.
5. Grantee must provide an update to D14CD on the hiring process (held -by or available -to, how is the
process ,fiawdoning?) as outlined in the County/Industry Agreement executed (amended) on
The Grantee must also report on the results of the hiring process. This report should be delivered to
DHCD on the 15" of every other month. This report should include the number of referrals, number of
hires, number of low -to moderate -income individuals referred, number of low -to moderate -income
individuals hired, and for what positions individuals have been hired and referred. Should the grantee,
by contract, allow the Industry to employ the held -by standard, as defined in 24 CFR 570, the number of
actual hires and the number of low -to moderate -income individuals hired by the Industry must be reported
on the 151 of every other month.
6. The Grantee may request a contract extension for one (1) year from the date of termination of this contract
(March 31, 2002) if the Industry is continuing to hire to meet its goal of creating 200 jobs. Of all jobs
created, fifty-one (51) percent must be available to (held -by) low -to moderate income individuals.
Mar -21-00 06:2TPm From -
T -T41 P-OT/19 F-592
7. Grantee is responsible for complying with Title 1 of the Housing and Community Development Act of
1974 (as amended) and the regulations pursuant thereto (24 CFR 570). Absence of compliance with Title
I and its related regulations, specifically with regard to the attainment of the stated benefits (fifty-one
percent of all jobs created being available-to/held-by low -to moderate -income individuals) will result in
the fall repayment of expended CDBG fiends to DHCD.
8. The County shall have on record at time of Closeout of DHCD project, certification of Industry and
County investment by an independent CPA.
Mar—Z1-00 06:32pm From— T-741 P.14/19 F-592
ASSURANCES/CERTIFICATIONS
The GRANTEE hereby assures and certifies that:
(a) It possesses legal authority to execute the PROJECT.
(b) Its governing body has duly adopted or passed as an official act a resolution, motion, or similar action
authorizing the filing of the PROJECT proposal including all understandings and assurances contained
therein, and directing and authorizing the person identified as the official representative of the
GRANTEE to act in connection with the PROJECT proposal and to provide such additional
information as may be required.
(c) Its chief executive officer or other officer of GRANTEE approved by the Virginia Department of
Housing and Community Development;
(1) Consents to assume the si.atus of a responsible Federal official under the National
Environmental Policy Act of 1969 (NEPA) and other provisions of Federal law, as specked
at 24 CFR 58.5(a) through (h) which further the purposes of NEPA insofar as the provisions
of such Federal law apply to this Grant;
(2) Is authorized and consents on behalf of the GRANTEE and himself to accept the jurisdiction
of the Federal and Commonwealth of Virginia courts for the purpose of enforcement of his
responsibilities as such an official.
(d) It will comply with the regulations, policies, guidelines and requirements of the Code of Federal
Regulations (24 CFR Part 85), OMB Circular A-128, and OMB Circular A-87 as they relate to the
PROJECT, acceptance, and use of Federal Rinds under this Grant; and, as applicable, all State laws
and administrative requirements which may supersede them (by virtue of being more stringent).
(e) It will comply with the provisions of Executive Order 11988, relating to evaluation of flood hazards
and Executive Order 12088 relating to the prevention, control and abatement of water pollution.
(f) It will require buildings or facilities designed, constructed, or altered with funds provided under this
Grant to comply with the "American Standard Specifications for baking Buildings and Facilities
Accessible to, and Usable by, the Physically Handicapped," Number A -117.1-R 1980, or Uniform
Federal Accessibility Standards (UFA$) in accordance with the Virginia Uniform Statewide Building
Code. The GRANTEE will be responsible for conducting inspections to insure compliance with these
specifications by the contractor.
Mar -21-00 06:33pm From -
T -741 P.15/19 F-592
(g) It will not recover the capital costs for public improvements financed in whole or in part with CDBG
funds through assessments against properties owned and occupied by low- and moderate- income
persons nor will fees or assessments be charged to such persons as a condition of obtaining access to
the public improvements. (Per section 104(b) (5) of Title T Housing and Community Development Act
of 1984, as amended.)
(h) In accordance with Section 104(1) of Public Law 93-383 the Housing and Community Development
Act, as amended, certifies that: it has adopted and is enforcing a policy prohibiting the use of excessive
force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent
civil rights demonstrations ad a policy of enforcing applicable State and local laws against physically
barring entrance to or exit from a facility or location which is subject of such nonviolent civil rights
demonstration within its jurisdiction.
(i} (1) No Federal appropriated funis have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any Federal contract, the making
of any Federal grant, making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into_ Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
Mar -21-00 06:34pm From -
0) It will comply with,
T -741 P.16/19 F-592
(1) Title VI of the Civil Rights Act of 1964 (Pub. L 88-352), and the regulations issued pursuant
thereto (24 CFR Part 1), which provides that no person in the United States shall on the
grounds of race, color, or national origin, be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under any program or activity for which
the grantee receives Federal financial assistance and will immediately take any measure
necessary to effectuate this assurance. If any real property or structure thereon is provided or
improved with the aid of Federal financial assistance extended to the grantee, this assurance
shall obligate the grantee, or in the case of any transfer of such property, any transferee, for
the period during which the real property or structure is used for a purpose for which the
Federal financial assistance -is extended or for another purpose involving the provision of
similar services or benefits.
(2) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284), as amended, administering all
programs and activities relating to housing and community development in a manner to
affirmatively further fair housing; and will take action to affirmatively further fair housing in
the sale or rental of housing, the financing of housing, and the provision of brokerage services.
(3) Section 109 of Title I of the Housing and Community Development Act of 1984, as amended,
and the regulations issued pursuant thereto (24 CFR Part 570.602), which provides that no
person in the United States shall, on the grounds of race, color, national origin, or sex, be
excluded from participation in, be denied the benefits of, or he subjected to discrimination
under, any program or activity funded in whole or part with funds provided under this Grant.
Any prohibition against discrimination on the basis of age under the Age Discrimination Act
of 1985 or with respect to an otherwise qualified handicapped individual as provided in Section
504 of the Rehabilitation Act of 1983 shall also apply to this Grant.
(4) Executive Order 11063 on equal opportunity in housing and nondiscrimination in the sale or
rental of housing built with Federal assistance.
(5) Executive Order 11246, and the regulations issued pursuant thereto (41 CFR Chapter 60),
which provides that no person shall be discriminated against on the basis of race, color,
religion, sex or national origin in all phases of employment during the performance of Federal
or federally assisted construction contracts. Contractors and subcontractors on Federal and
federally assisted construction contracts shall take affirmative action to insure fair treatment in
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff
or termination, rates of pay or other forms of compensation and selection for training and
apprenticeship.
Mar -21-00 06:35pm From -
T -741 P-IT/19 F-592
(6) Section 906 of public Law 100-625 (Cranston -Gonzalez National Affordable Housing Act)
which prohibits discrimination on the basis of religion or religious affiliation. No person shall
be excluded from participation in, denied the benefit of, or be subjected to discrimination under
any program or activity funded in whole or in part with CDBG funds on the basis of his or her
religion or religious affiliation.
(k) It will comply with Section 3 of the Housing and Urban Development Act of 1968, as amended,
requiring that to the greatest extent feasible opportunities for training and employment be given to
lower-income residents of the project area and contracts for work in connection with the project be
awarded to eligible business concerns which are located in, or owned in substantial part by, persons
residing in the area of the PROJECT.
(l) It will in the acquisition of real property and in the process of relocation:
(1) Be guided, to the greatest extent practicable under State law, by the land acquisition policies
in Sections 301 and 302 of the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1980; as amended, and
(2) Pay or reimburse property owners for necessary expenses as specified in Section 303 and 304
of the Uniform Act; and
(3) Comply with the applicable Sections (202 through 205) of Title II (relocation assistance) of the
Uniform Act in providing relocation payments and'relocation assistance; and
(4) Comply with U.S. Department of Transportation regulations at 49 CFR Part 24 and in
implementing the requirements, it will:
(i) Carry out the policies and procedures of Part 24 in a manner that insures that the
acquisition and relocation processes do not result in different or separate treatment to
persons on account of race, color, religion, sex, national origin, or source of income;
and
(ii} Assure that, within a reasonable period of time prior to displacement, comparable
decent, safe and sanitary replacement dwellings will be available to all displaced
families and individuals and that the range of choices available to such persons will not
vary on account of race, color, religion, sex, national origin, or source of income; and
(iii) Inform affected persons of their rights under the policies and procedures set forth under
the regulations in part 24, including their rights under Title VI of the Civil Rights Act
of 1964 and Title VIII of the Civil Rights Act of 1968, as amended.
(iv) Comply with Executive Order 12830, Governmental Actions and Interference with
Constitutionally Protected Property Rights, and
Mar -21-00 06:35pm From—
T-741 P.10/18 F-592
,eE--y
(5) It will implement and follow a "Residential Anti -Displacement and Relocation Assistance Plan,"
in accordance with Section 104(d) of the Housing and Community Development Act of 1984,
as amended and 24 CPR Section 570.496 a(b).
(6) It will comply with applicable Section 104(d) of the Housing and Community Development Act
in providing relocation payments and relocation assistance.
(m) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives
the appearance of being motivated by a desire for private gain for themselves or others, particularly
those with whom they have family, business, or other ties.
(n) It will comply with the provisions of the Hatch Act which limits the political activity of employees.
(o) It will administer and enforce the provisions of the Davis -Bacon Act as amended and the Contract Work
Hours and Safety Standards Act as set forth in the manual, Communiry Improvement. Grant
Management Manual.
(p) It will give the Virginia Department of Housing and Community Development and the Comptroller
General through ahy authorized representatives access to and the right to examine all records, books,
papers, or documents related to the grant.
(q) It will ensure that facilities under its ownership, lease or supervision which shall be utili2ed in the
accomplishment of the PROJECT are not listed on the Environmental Protection Agency's (EPA) list
of Violating Facilities and that it will notify the Virginia Department of Housing and Community
Development of the receipt of any communication from the Director of the EPA Office of Federal
Activities indicating consideration for listing by the EPA.
(r} It will comply with the flood insurance purchase requirements of Section 102 (a) of the Flood Disaster
Protection Act of 1983, Pub. L. 93-234, 87 Stat. 985, approved December 31, 1983. Section 103
(a) required, on and after March 2, 1984, the purchase of flood insurance in communities where such
insurance is available as a condition for the receipt of any Federal financial assistance for construction
or acquisition purposes for use in any area, that has been identified by the Director of the Federal
Emergency Management Agency as an area of having special flood hazards. The phrase "Federal
financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy,
disaster assistance loan or grant, or any other form of direct or indirect Federal assistance.
E I q
This SUPPLEMENTAL AGREEMENT, made and entered into this
day of April 2000, by and between the ROANOKE COUNTY BOARD
OF SUPERVISORS (the "County"); and ADVANCE STORES COMPANY,
INCORPORATED, a Virginia corporation (the "Company").
WITNESSETH:
WHEREAS, the parties hereto, together with the Industrial Development
Authority of Roanoke County, Virginia, have entered into a Performance
Agreement dated November 24, 1999 (the "Performance Agreement"), in
connection with the Company's expansion of its corporate administrative offices
in the Airport Road area of Roanoke County and the County's appropriation of
Incentive Funds for said project; and,
WHEREAS, the parties hereto have also entered into an Industry
Agreement dated April 12, 2000 (the "Industry Agreement"), which sets forth the
Company's rights and obligations in connection with the award and expenditure of
the Community Development Block Grant ("CDBG") Funds to be received from
the Virginia Department of Housing and Community Development (the
"VDHCD") for the Advance Auto/Boxley Hills Drainage Project (the "Drainage
Project"); and,
WHEREAS, the County has entered into an agreement dated April 12,
2000, with the VDHCD in connection with the award, administration and
expenditure of the CDBG Funds for the Drainage Project and the County's rights
and obligations in relation thereto; and,
WHEREAS, the parties hereto have reached this Supplemental Agreement
to provide for certain additional terms in connection with completion of the
Drainage Project and/or reimbursement of any CDBG Funds in the event the
Company fails to meet the employment requirements set forth in the said Industry
Agreement.
t
NOW, THEREFORE, in consideration of the mutual promises, covenants
and obligations herein contained, as set forth herein and in the above -referenced
agreements, which the parties hereto acknowledge as being sufficient
consideration for entering into this Supplemental Agreement, the parties covenant
and agree as follows:
1. The terms used in this Supplemental Agreement shall have the same
meaning as specified in the above -referenced Performance Agreement and
Industry Agreement, unless otherwise provided herein.
2. In the event that the Company fails to create a minimum of 90 new
jobs and to employ LMI Individuals in at least fifty-one (51%) of all new jobs
created (herein referred to as the "Employment Requirements") as set forth in the
Industry Agreement, which failure would trigger the requirement in paragraph 7 of
the Industry Agreement that the Company reimburse the VDHCD the actual
amount of CDBG Funds expended to date, the parties hereto agree that, contrary .
to the terms of the Industry Agreement, the Company shall reimburse VDHCD
fifty percent (501/o) of the CDBG Funds expended to date and the County shall
reimburse VDHCD fifty percent (501/o) of such funds; provided, however that
neither party shall be required to reimburse the VDHCD more than $350,000.
3. In the event that the CDBG Funds become unavailable pursuant to
the terms of the Industry Agrement at any time prior to completion of the Drainage
Project as a direct result of the Company's failure to meet the requirements set
forth in the Industry Agreement, the Company shall reimburse the VDHCD fifty
percent (50%) of all CDBG Funds expended through such date and the County
agrees to reimburse the VDHCD fifty percent (50%) of all CDBG Funds expended
through such date. In the event that the CDBG Funds are unavailable in
accordance with the terms hereof, the Company and the County hereby shall
share equally, on a fifty/fifty (50/50) basis, the cost to complete the Drainage
Project, which shall not exceed a total of $700,000, less the amount of CDBG
Funds actually expended and reimbursed by the Company and the County. The
County shall oversee and manage the construction of the Drainage Project,
including the processing of all invoices received in connection with such
construction. The County shall forward to the Company copies of all invoices
received by the County in connection with the Drainage Project within ten (10)
days of receipt thereof, along with a statement of the Company's share of such
invoices. The Company thereafter shall make payment of its share of such
invoices to the County within fifteen (15) days of its receipt thereof.
4. The County contribution under the terms of this Supplemental
Agreement shall be subject to future appropriation of the amounts provided
for herein by the Board of Supervisors of Roanoke County, Virginia.
5. All other terms and provisions of the Performance Agreement and
the Industry Agreement shall remain in full force and effect.
6. This Supplemental Agreement is executed in duplicate, each of
which shall constitute an original.
WITNESS the following signatures and seals:
Approved as to form:
By
Roanoke County Attorney's Office
Title
ROANOKE COUNTY
BOARD OF SUPERVISORS
Elmer C. Hodge, Jr.
County Administrator
ADVANCE STORES COMPANY
INCORPORATED,aVirginiaCorporation
COMMONWEALTH OF VIRGINIA,
County/City of Roanoke, to -wit:
The foregoing instrument was acknowledged before me this day of
April, 2000, by Elmer C. Hodge, Jr., County Administrator, on behalf of the Board
of Supervisors of Roanoke County, Virginia.
Notary Public
My commission expires:
COMMONWEALTH OF VIRGINIA,
County/City of Roanoke, to -wit:
The foregoing instrument was acknowledged before me this day of
April, 2000, by ,
on behalf of Advance Stores
Company, Incorporated, a Virginia corporation.
Notary Public
My commission expires: