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HomeMy WebLinkAbout10/23/2001 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 23, 2001 RESOLUTION 102301-1 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF HENRY A. WILEY, GENERAL SERVICES DEPARTMENT, AFTER TWENTY-EIGHT YEARS OF SERVICE WHEREAS, Henry A. Wiley was first employed by Roanoke County on September 14, 1973, in the General Services Department as Janitor I and also held the position of Janitor II; and WHEREAS, Mr. Wiley retired from Roanoke County on October 1, 2001 as Custodian after twenty-eight years of service; and WHEREAS, Mr. Wiley was particularly helpful in assuring that the Board Meeting Room was clean and organized, and could always be counted on to assist with any official or special County functions; and WHEREAS, Mr. Wiley performed his duties and responsibilities in an efficient and effective manner and was held in high regard by his fellow County employees; and WHEREAS, Mr. Wiley, 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, the appreciation of Mr. Wiley's fellow County employees, and the appreciation of the citizens of Roanoke County to HENRY A. WILEY for over twenty-eight years of cheerful, capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None A COPY TESTE: Brenda J. Ho on, CMC Deputy Clerk to the Board of Supervisors cc: File Anne Marie Green, Director, General Services Joe Sgroi, Director, Human Resources 2 A-102301-2 ACTION NO. ITEM NO. '1�­ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 23, 2001 AGENDA ITEM: Approval of an Agreement with the Town of Vinton Concerning the Development of the McDonald Farm Economic Development Project COUNTY ADMINISTRATOWS COMMENTS: EXECUTIVE SUMMARY: This Agreement with the Town of Vinton will promote and encourage economic development in that area of Roanoke County east of the Town through the joint funding of public infrastructure improvements in the McDonald Farm economic development Project (the "Project") to provide for increased employment and corporate investment in Roanoke County. This action approves this Agreement and authorizes the County Administrator to execute this agreement on behalf of Roanoke County. SUMMARY OF INFORMATION: On November 2, 1999, the Board of Supervisors of Roanoke County and the Town Council of the Town of Vinton entered into a Gain Sharing Agreement to address the mutual concerns of each jurisdiction, to promote strong and viable units of local government, and to encourage economic growth and development. On June 26, 2000, a special court entered a Final Order validating and affirming the Gain Sharing Agreement. Section 4 of said Agreement addresses joint public improvements and economic development, and specifically, Section 4.03 addresses the McDonald Farm economic development project. The County and the Town have agreed to negotiate the future joint funding of the costs of this project. This Agreement provides for the County to make future appropriations to fund the costs of development for this Project. The Town and the County shall jointly agree to utilize the funds identified in the Agreement to commence construction ofpublic infrastructure improvements on orbenefitting the property. The funds shall not be expended unless both the Town and the County agree to such expenditure. �-2 The Town Manager has previously briefed the Board in work session concerning the plans for this Project. The Town Council will act on this Agreement in early November. FISCAL IMPACTS: aoc0 On December 19,+999 the Board of Supervisors of Roanoke County appropriated $500,000 to begin to pay the County's share of the costs of development. It is anticipated that future appropriations will be required to complete this Project. Any New Tax Revenues (as defined in the Gain Sharing Agreement) shall be distributed in accordance with the provisions of Section 4.03 of the Gain Sharing Agreement. STAFF RECOMMENDATION: It is recommended that the Board of Supervisors authorize the County Administrator to execute the Agreement on behalf of the County, upon form approved by the County Attorney. Respect -fully sub itted, Elmer C. Hodge County Administrator ACTION VOTE No Yes Abs Approved (x) Motion by: Harry C. Nickens to approve Church _ x _ Denied () staff recommendation Johnson _ x _ Received () McNamara_ x _ Referred () Minnix _ x _ To () Nickens _ x cc: File Doug Chittum, Director, Economic Development Danial Morris, Director, Finance Diane D. Hyatt, Chief Financial Officer Paul M. Mahoney, County Attorney G:\ATTORNEY\PMM\VINTON\VintonMcdonFamiAgree.rpt.wpd 9/28/01 THIS AGREEMENT is made and entered into this day of , 2001, by and between the TOWN OF VINTON, VIRGINIA, a municipal corporation of the Commonwealth of Virginia (the "Town"), and the COUNTY OF ROANOKE, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "County") WHEREAS, on November 2, 1999, the Board of Supervisors of Roanoke County and the Town Council of the Town of Vinton entered into a Gain Sharing Agreement to address the mutual concerns of each jurisdiction, to promote strong and viable units of local government, and to encourage economic growth and development; and WHEREAS, on June 26, 2000, a special court entered a Final Order validating and affirming said Gain Sharing Agreement; and WHEREAS, Section 4 of said Agreement addresses joint public improvements and economic development, and specifically, Section 4.03 addresses the McDonald Farm economic development project (the "Project"); and WHEREAS, the parties have agreed to negotiate the future joint funding of the costs of this project. IN CONSIDERATION of the mutual covenants and agreements contained herein, the parties hereby agree as follows: 1. The Town and the County agree that the value of the McDonald Farm (the "Property") is One Million Five Hundred Thousand ($1,500,000). ,1 000 2. On December 19, t999, the Board of Supervisors appropriated $500,000 for this Project (Action No. ). This appropriation of funds by the County shall be used for those purposes described in paragraph 3. 1 3. The "costs of development" shall mean all local funds expended by the County and the Town and any in-kind donations by the County and the Town for the development of the Project including, but not limited to, land acquisition, site development, water and sewer facilities, other public improvements, and planning, engineering, architectural and marketing services related directly to the Project. Any state or federal funding, or any other grant funds, contributed by the County or the Town and the time and expenses of County and Town personnel shall be excluded from the Costs of Development. 4. Additional funding in future budgets is subject to future appropriations by the Board of Supervisors and Town Council. 5. The Town and the County shall jointly agree to utilize the funds identified in paragraph 2 to commence construction of public infrastructure improvements on or benefiting the property. The funds identified in paragraph 2 shall not be expended unless both the Town and the County agree to such expenditure. 6. The parties acknowledge that prospects that intend to locate in this Project may require unique or specific public improvements or other incentives. Both the Town and the County shall agree to meet and confer in advance before any such improvements or incentives are constructed, installed or provided. Specific improvements required by or incentives granted to an economic development prospect or candidate for location in the Project may be credited to the County's share of the initial value of the Property or portion of development costs of the project. The parties agree to jointly market and promote the Project and the Property. The parties agree to establish the value of the land for marketing the property. Nothing herein shall prohibit the Town from offering as an incentive land or other public improvements when developing marketing proposals for economic development prospects. 2 C� 7. (a) Until the County's financial participation in this Project matches the Town's financial participation, any conveyance of any interest in real estate or improvements on the Property either by sale, exchange, lease, or dedication may occur only after consultation with the County. (b) Upon the future appropriation of additional funds by the County, so that its financial participation in this Project is equivalent to that of the Town's (based upon value of the Property, costs of development, and any incentives for economic development prospects locating in the Project), any conveyance of any interest in real estate or improvements on the Property, either by sale, exchange, lease or dedication shall occur only upon the mutual written consent of the Town and the County. 8. Any New Tax Revenues (as defined in the Gain Sharing Agreement) shall be distributed in accordance with the provisions of Section 4.03 of the Gain Sharing Agreement. 9. The provisions of this Agreement shall continue in perpetuity. 10. This Agreement shall be binding upon and inure to the benefit of the Town and the County, and each of the future governing bodies of the Town and the County, and upon any successor to either the Town or the County. Attest: WITNESS the following signatures and seals. Clerk TOWN OF VINTON, VIRGINIA Lo Mayor 3 Attest: Clerk COUNTY OF ROANOKE, VIRGINIA By Chairman, Board of Supervisors A-102301-3 ACTION NO. ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 23, 2001 AGENDA ITEM: Approval of a Performance Agreement with Sims Automotive, Inc. COUNTY ADMINISTRATOR'S COMMENTS: Recommend approval. There was a meeting of Sims and County representatives with the Clearbrook Civic League last week to explain these changes to the community, and they were well received. This project originally included only the Land Rover dealership. This is replacement of that project and includes several premier dealerships for Land Rover, Mercedes Benz, and Jaguar. This a great project which will require no new outlay of funds and I recommend approval. EXECUTIVE SUMMARY: This Performance Agreement with Sims Automotive, Inc. will promote and encourage economic development in the Clearbrook/U.S. Route 220 area of Roanoke County through the recruitment of new retail business to provide for increased employment and corporate investment in Roanoke County. Significant new revenues will be realized as a result of this development. This action approves this Performance Agreement and authorizes the County Administrator to execute this agreement on behalf of Roanoke County. SUMMARY OF INFORMATION: This Performance Agreement provides for the appropriation of $3000,000 from new local tax revenues generated by Sims Automotive, Inc. The County will release utility liens and pay off- site facilities fees for this project. Sims will develop a 4.66 -acre parcel located State Route 220 in the Clearbrook area (Tax Parcel Nos. 88.03-1-30, 88.03-1-31, 88.03-1-32, 88.03-1-33, and 88.03-1-34 ) with an investment of $7 Million in buildings and other site improvements, and it is estimated that this project will generate $300,000 in new local tax revenues over any three years within the January 2002 - August 2007 period for Roanoke County. Sims will construct new automobile dealerships for Mercedes- Benz, Jaguar and Land Rover. If the project fails to generate the anticipated new local tax revenues within the time period specified, then Sims shall reimburse the County the difference between the amount of new local tax revenues actually produced and $300,000. G:\ATTORNEY\PMM\ECONDEV\LandRover\LandRoverSimsPerfAgree.rpt.frm 1 FISCAL IMPACTS: By Ordinance 121900-13, the Board of Supervisors of Roanoke County created a utility improvement district in the Clearbrook area of Roanoke County known as the "Stable Road Water and Sewer District" and imposed fees or liens on various properties in this district for the construction of water and sewer lines and appurtenant facilities. In order to accomplish this Performance Agreement the County must appropriate an amount from the General Fund to the Utility Fund in order to release the water and sewer liens and to pay utility off-site facilities fees for this project. The County will subordinate and then release its liens on the real estate in this project upon the completion of the project and receipt of new local tax revenues. These appropriations should be made in future budget appropriations from the new local tax revenues generated by this project. It is anticipated that the County will recover its project investment from 3 years of anticipated new local tax revenues derived from this project within the January 2002 - August 2007 period. Sims will pay the County $25,000 within 30 days of the execution of the Performance Agreement in order to pay its share of the utility connection fees and a portion of the utility liens. Sims will donate land for construction of public highway for a redesigned Buck Mountain Road, the location of which must be agreed to by Sims, the County, and VDOT. STAFF RECOMMENDATION: It is recommended that the Board of Supervisors authorize the County Administrator to execute the Performance Agreement on behalf of the County, by and between the Roanoke County Board of Supervisors and Sims Automotive, Inc., upon form approved by the County Attorney. The County Administrator is authorized to execute this Performance Agreement upon Sim's accepting title to the real estate. Respectfully submitted, E. Douglas Chittum Director of Economic Development Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) Approved by, Elmer C. Hodge, County Administrator ACTION Motion by: H. Odell Minnix to approve Church staff recommendation Johnson cc: File Doug Chittum, Director, Economic Development Danial Morris, Director, Finance Diane D. Hyatt, Chief Financial Officer Paul M Mahoney, County Attorney VOTE No Yes Abs McNamara_ x Minnix _ x _ Nickens x 2 This Performance Agreement (this "Agreement") made and entered into this _ day of , 2001, by and between the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, (hereinafter referred to as "County'; PETTY, LIVINGSTON DAWSON & RICHARDS, P. C., a Virginia professional corporation (hereinafter referred to as 'Qualified Intermediary'D, and SIMS AUTOMOTIVE, INC., a Virginia corporation, (hereinafter referred to as "Sims') WITNESSETH WHEREAS, the Board of Supervisors of Roanoke County desires to promote and encourage the economic development and vitality of Roanoke County and the Roanoke Valley through the recruitment of new commercial enterprises and the expansion of existing business and employment opportunities for the citizens of the Roanoke Valley, in order to provide for increased employment and corporate investment in Roanoke County; and WHEREAS, Sims desires to support the economic development efforts of the County, and in some cases for a certain period of time through its qualified intermediary (as such term is defined in Treasury Regulations Section 1.1031(k) -1(g)), Petty Livingston, Dawson, & Richards, P. C., anticipates constructing several automotive dealerships, including Land Rover, Mercedes-Benz, and Jaguar, in the Clearbrook area of Roanoke County (hereinafter referred to as the "Project"'); and Performance Agreement_E&WRevised.doc 1 WHEREAS, by Ordinance 121900-13, the Board of Supervisors of Roanoke County created a utility improvement district in the Clearbrook area of Roanoke County known as the "Stable Road Water and Sewer District" and imposed fees or liens on various properties in this district for the construction of water and sewer lines and appurtenant facilities; and WHEREAS, the proposed Project is located in this utility improvement district, and is subject to the fees or liens imposed, said fees or liens to be a lien recorded among the land records in the Roanoke County Circuit Court Clerk's Office, and which fees or liens are due upon the development of the property; andNOW, THEREFORE, in consideration of the premises and the covenants and obligations herein contained, which the parties hereto acknowledge as being sufficient consideration for entering into this Agreement, the parties covenant and agree as follows: 1. Qualified Intermediary agrees to pay $25,000 towards the total cost for utility construction of $86,308 as satisfaction of the development requirement set out in Ordinance 121900-13 for Tax Parcel No. 88.03-1-33 (Tax Parcel Nos. 88.03-1-30, 88.03-1-31, 88.03-1-32, 88.03-1-33, and 88.03-1-34 having been combined into 88.03- 1-33) and as further stated in the Public -Private Partnership letter agreement dated February 29, 2001, from Elmer C. Hodge, County Administrator for Roanoke County, to James R. Walker, President, Land Rover of Roanoke, Inc. (Exhibit A). This $25,000 payment shall be paid to the County within 30 days of the execution of this Agreement. Performance Agreement_E&WRevised.doc 2 �-3 The lien imposed on Tax Parcel No. 88.03-1-33 by Ordinance 121900-13 shall be released upon payment of said $25,000. 2. Sims and Qualified Intermediary agree to create a $7,000,000 investment in real estate and business personal property and to create new full-time jobs. Sims promises that this Project will generate no less than $300,000 in local tax revenues for the County during any 3 years commencing January 1, 2002 and ending August 31, 2007. 3. The County agrees to subordinate the lien imposed by Ordinance 121900- 13 (Deed Book 1688, page 1064) to a deed of trust (or replacement deed of trust) by Sims for Tax Parcel Nos. 88.03-1-29, 88.03-1-33, and 88.03-1-35 to acquire this real estate and construct the necessary improvements thereon for successful completion of the Project.4.The County agrees to release the liens of record as being satisfied, which are located in Deed Book 1688 at page 1064 in the Roanoke County Circuit Court Clerk's Office, imposed by Ordinance 121900-13 on Tax Parcel Nos. 88.03-1-29, 88.03- 1-33, and 88.03-1-35 in the amount of $126,383 for sewer improvements and $80,850 for water improvements (total $207,233) upon the completion of the Project and the generation of the new local tax revenues within the time period specified in paragraph 2. 5. County agrees to pay water and sewer off-site facilities fees portion of the utility connection fees in an amount not to exceed $92,767, as authorized by Sections Performance Agreement_E&WRevised.doc 3 18-168(f)(2) and 22-82(b)(3)b of the Roanoke County Code. Qualified Intermediary shall be responsible for the payment of the basic connection fee. 6. Qualified Intermediary agrees to donate a 100 -foot wide right-of-way for the construction of a public highway connecting a redesigned Buck Mountain Road and Stable Road. The location of this redesigned Buck Mountain Road on Sims' property shall be agreed upon by Sims, the County, and the Commonwealth of Virginia, Virginia Department of Transportation. 7. This Performance Agreement is contingent upon Qualified Intermediary acquiring fee simple title to the property identified as Tax Parcel Nos. 88.03-1-29, 88.03-1-33, and 88.03-1-35 no later than December 1, 2001. 8. If Sims or Qualified Intermediary, as the case may be, fails to fulfill the promises with respect to new investment or new local tax revenues made to the County in paragraphs 1 and 2, then Sims shall pay to the County the difference between $300,000 and the greatest amount of local tax revenues received by the County from the project during the applicable 3 -year period by September 30, 2007. 9. Sims and/or Qualified Intermediary shall have the right to assign this Agreement to a separate entity provided, however, that except as set forth in paragraph 12 hereinbelow, any such assignment shall not relieve the assignor of its obligations herein. 10. This Agreement shall be governed by any and all disputes related hereto shall be determined in accordance with the laws of the Commonwealth of Virginia.11. Performance Agreement E&WRevised.doc 4 This Agreement and any reimbursement of costs and improvements from public funds is subject to future appropriations by the Board of Supervisors. The Board of Supervisors hereby appropriates the sum of $300,000 from the General Fund to reimburse the Utility Fund for the release of liens in paragraph 1 and 4 and the payment of water and sewer off-site facilities fees portion of the utility connection fees in paragraph 5. 12. The parties hereto acknowledge that Qualified Intermediary is acting solely as a qualified intermediary in an IRC §1031 like -kind exchange involving Sims. The parties hereto further agree and acknowledge that on or before, but in no event later than December 22, 2001, the Qualified Intermediary will transfer and assign to Sims all of its ownership, title, interest, obligations, and rights in and to of any portion of the Project that it owns as of the date hereof, including, without limitation, (a) fee simple title to any real estate now owned by the Qualified Intermediary and included in the Project, and (b) all of Qualified Intermediary's rights and obligations under this Performance Agreement, so that Qualified Intermediary will no longer have the authority or assets available to continue to be obligated under the Agreement. Moreover, all of the parties agree that that Sims is to be substituted in place and stead of Qualified Intermediary under this Performance Agreement on or before December 22, 2001, and shall be solely responsible for performance of the same at all times thereafter. Accordingly, the parties hereto agree that upon the transfer of the Project to Sims (which shall occur on or before December 22, 2001) Sims shall be, and by its Performance Agreement_E&WRevised.doc 5 signature hereto agrees to be, substituted in place of the `Qualified Intermediary" under the Agreement and Petty, Livingston, Dawson & Richards, P. C. shall thereafter be relieved of and from any further obligation under this Performance Agreement from and after that date. Approved as to form: Roanoke County Attorney BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA Elmer C. Hodge, County Administrator SIMS AUTOMOTIVE, INC. PETTY LIVINGSTON DAWSON & RICHARDS, P. C. Its Performance Agreement_E&WRevised.doc 6 A-102301-4 ACTION NO. ITEM NO. . AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 23, 2001 AGENDA ITEM: APPROVAL AND AUTHORIZATION OF THE EXECUTION OF AN OPTION FOR THE ACQUISITION OF APPROXIMATELY 89 ACRES OF REAL ESTATE ON READ MOUNTAIN FOR RIDGE LINE PROTECTION COUNTY ADMINISTRATOR'S COMMENTS: There may be questions on why this mountain was selected and not others around Roanoke County. This mountain is significant because it remains untouched and has beautiful outcroppings of rocks and can be used as a different type of greenway. This option will be in place for 120 days at no cost to the County. If approved, we will also assist citizen groups seeking donations and grants. EXECUTIVE SUMMARY: This action authorizes the execution of an option for the acquisition of approximately 89 acres of real estate on Read Mountain, in order to protect and preserve a portion of this environmentally -significant ridge line and view shed. BACKGROUND: Over the past several years the Roanoke County Board of Supervisors has taken several significant steps to protect and preserve environmentally -significant locations in the Roanoke Valley. These steps include view shed protection along the Blue Ridge Parkway, the commencement of construction of the first multi -jurisdictional green way in the Roanoke Valley (Hanging Rock), support for the establishment of the Roanoke Valley Green way Commission, the purchase of 34 acres on Green Ridge, and initial steps for the creation of planning mechanisms within the Comprehensive Plan for the protection of ridge lines. Roanoke County now has the opportunity to acquire approximately 89 acres located G:\BOARD\2001\Oct23\10-23readmountain.doc 1 { on Read Mountain to protect and preserve an environmentally -significant ridge line and view shed. SUMMARY OF INFORMATION: This action approves and authorizes the execution of an option for the acquisition of Tax Map Parcel Number 39.00-1-8, consisting of approximately 89 acres of real estate. This option agreement is for six months. During this six month option period the County will work with interested citizens and charitable organizations to raise the necessary funds and donations to acquire this property. If the various conditions can be satisfied within the option period, this matter will be brought back to the Board for the adoption of an ordinance authorizing the exercise of the option and acquisition of this real estate. Attached to this Board report is a copy of the "Roanoke County Board of Supervisors Guidelines for Acquiring Environmentally -Sensitive Property" which was adopted by the Board on May 27,1997. These Policy Guidelines were intended to provide direction to the Board and to the public in the acceptance and use of acquisition of environmentally -sensitive properties in the County. These guidelines will assist the Board in evaluating each proposal with respect to conservation goals and stewardship abilities. It is anticipated that this acquisition of real estate can be accomplished for the sum of $200,000. The option fee is $100.00 In addition the Board must have a Phase I environmental audit completed for this property; a baseline documentation report (to determine the conservation value of the property and to document key resources on the property); survey; title examination and title insurance; and review by the Planning Commission for conformity with the Comprehensive Plan in accordance with Section 15.2-2232 of the State Code. In addition the Board should authorize the County Administrator to execute an agreement with the Seller to limit the future use of this real estate to ridge line and view shed protection; limited, passive, recreational use (hiking trails); and preventing any future high intensity uses or development. FISCAL IMPACTS: The purchase price of $200,000 will be subject to future appropriations. Ancillary costs and expenses described above should not exceed $5,000; and these expenses should be appropriated from the Board's Contingency Fund. ALTERNATIVES: G:\BOARD\2001\Oct23\10-23readmountain.doc 2 STAFF RECOMMENDATION: It is recommended that the Board favorably consider: (1) authorizing the County Administrator to execute this option agreement for the acquisition of this real estate, and approve the payment of the $100.00 option fee; and (2) the appropriation of $5,000.00 from the Board's contingency fund for related expenses. Respectfully submitted, Janet Scheid Senior Planner Approve by, Elmer C. Hodge, County Administrator -------------------------------------------------------- ACTION VOTE No Yes Abs Approved (x) Motion by: Bob L. Johnson to approve Church _ x _ Denied ( ) staff recommendation Johnson _ x _ Received ( ) McNamara_ x _ Referred ( ) Minnix _ x _ To () Nickens x cc: File Arnold Covey, Director, Community Development Janet Scheid, Chief Planner Danial Morris, Director, Finance Diane D. Hyatt, Chief Financial Officer Paul M .Mahoney, County Attorney G:\BOARD\2001\Oct23\10-23readmountain.doc 3 ROANOKE COUNTY BOARD OF SUPERVISORS GUIDELINES FOR ACQUIRING ENVIRONMENTALLY -SENSITIVE PROPERTY BACKGROUND From time -to -time, the County may be approached with a proposal for the donation of money, or the direct transfer of real estate, or the granting of an easement, for the purpose of protecting view sheds, establishing green way corridors, or for the acquisition of other environmentally -sensitive areas in the County. In response to these potential donations, the Board of Supervisors has adopted the following guidelines for the acceptance and use of such donations. These guidelines are intended to provide direction to the Board and to the public, but are not to be considered as regulations. Circumstances may warrant departure from these guidelines in specific cases. Roanoke County takes its stewardship role seriously. When the County accepts environmentally sensitive property through donation it has made a significant commitment to protect that property in perpetuity. Consequently, the Board must carefully evaluate each proposal with respect to the County's conservation goals and stewardship abilities. GUIDELINES The following guidelines are to be considered by the Roanoke County Board of Supervisors in evaluating proposals for donations intended to protect or establish environmentally -sensitive areas in the County. These guidelines shall apply to both the donation of money to acquire a particular parcel of real estate and to the actual donation of real estate or easement. The acquisition of the specific property shall benefit the public and shall conform with the County's conservation goals. These goals are sufficiently broad to include a wide variety of lands. The Board uses the following criteria to evaluate lands being considered for protection by asking if the land has one or more of the following characteristics: A. Does it include unique local scenic viewpoints or outstanding physiographic features (for example, intact ridge lines, distinct outcroppings, waterfalls, bluffs) that help define the character of our locale and enhance our community's sense of place? B. Does it include lands that have the potential to be a part of a community or regional green way system? C. Does it include lands that have the potential to be part of a County, state or federal part: system or contribute, due to proximity and visibility, to the protection of such public lands? D. Does it include lands of agricultural, forestry or scenic significance? E. Does it include lands that are valuable as open space due to their proximity to developing areas, their prominence in the perception of community identity or their high scenic value? F. Does it include wetlands, flood plains or other lands that are important to the protection of water quality? G. Does it include lands that contain endangered, threatened or rare species or natural communities? H. Does it include lands that are of historical or cultural value or are adjacent to sites of historical or cultural value and will therefore, contribute to the protection of that value? 2. The Board shall assess the total costs associated with acquiring and managing these properties. These costs shall include: A. Baseline Documentation Report - The costs associated with determining the conservation value of the property and identifying and documenting key resources of the property. B. Stewardship - The costs associated with owning the property or easement. C. Environmental Liability - The costs associated with determining that the property is free of environmental liability or for correcting environmental deficiencies. D. Enforcement - The costs of enforcing the terms of the donation or acquisition. 3. The Board shall direct the Planning Commission to review, identify and prioritize real estate in the County deserving of protection and include and identify such properties in the County Comprehensive Plan and Land Use Map. 4. The Board, pursuant to Section 15.1-456 of the Code of Virginia, shall request Planning Commission review and recommendation for any proposed acquisition or acceptance of real estate or easement, to evaluate conformance with the Comprehensive Plan. 5. The Board shall review each proposal for the acquisition of environmentally sensitive real estate and determine the appropriate level and extent of public use of such properties. In making this determination the Board shall take into consideration the conservation value of the property and the extent to which public use may enhance or threaten that value. 6. The Board shall determine what County department or other entity shall have long-term stewardship responsibility for each property. In doing so, the Board shall give consideration to the Roanoke Valley Greenway Commission, the Western Virginia Land Trust, the Virginia Outdoors Foundation and other organizations where appropriate. 7. The Board shall consider appropriating monies as a lump sum or on an annual basis to the department or entity identified in 96 above for the long-term stewardship costs of such - � r properties. 8. The Board shall encourage donations of money or property from private individuals and organizations, or from public entities, to further the objectives of these guidelines. May 15, 1997 CACO MM OMIMAY27TAULOUiD. LAN A-102301-5 ACTION NO. ITEM NUMBER We AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 23, 2001 AGENDA ITEM: Request for Approval of Policies and Procedures for Accepting Contributions and Donations for County Projects COUNTY ADMINISTRATOR'S COMMENTS: Following our discussion at the Work Session on improvements to Bent Mountain Library, we have prepared these policies and procedures for your approval. It is very likely that we will need to make changes to respond to questions or suggestions you may have. Essentially this policy is intended to encourage citizens to donate to County projects of their choice, and we express our appreciation in advance to all who wish to do so. This policy will work in concert with and not replace the CIP program, nor will contributions affect the priority listing of any capital project. The policy is separate from the matching grant program sponsored by the Department of Parks, Recreation and Tourism. If the Board wishes to have a work session to incorporate your suggestions, we will do so. BACKGROUND: During the work session with the Library Board on October 9, 2001 concerning the improvements to the Bent Mountain Library, the Board of Supervisors discussed a need to establish policies and procedures for the acceptance of contributions and donations to the County or its departments and agencies. In the past, we have accepted cash for specified items as well as operating expenses (Alford Trust for the Vinton Library); we have accepted real estate with and without conditions and restrictions (Ex. Vinyard Park); and we have accepted other capital and property for the use of the County or by one of our agencies (Ex. Vehicle for use by the Mason Cove Fire Department). The contributions or donations are not a substitute for proper planning for capital or operations such as through the Capital Improvements Program (CIP) or our normal operating budget process nor do they replace programs such as the matching grants as established through the Department of Parks, Recreation and Tourism. These budgeting tools look at our needs and consider the 1 impact on a Countywide basis. We also need to be aware that some communities or departments may be better able to solicit and receive donations than other groups and the practice, if used to fund major facilities or programs, could results in inequities in the levels of service provided. The attached policy establishes guidelines for accepting these contributions and donations of major types of assets and prescribes an accounting so that the intended purpose may be achieved. Before items with restrictions are accepted, the Board of Supervisors should receive recommendations from the impacted Department, Advisory Boards and the County Administrator to determine the impact of accepting such a gift. The County Attorney should also determine if there are any other concerns such as discrimination that should be considered. In instances where the gift would result in a liability or hardship for the County, the recommendation may be to not accept the gift. In the case of cash or cash equivalent gifts, the Director of Finance should establish an escrow account outlining any restrictions for the donation(s), maintain an accounting of the funds available, assure that receipts have been issued for the donations, and when the monies are needed for expenditures, to request an appropriation of these monies from the Board of Supervisors to accomplish the purpose of the donation. Any cash equivalents donated should be converted to cash as soon as possible to minimize the accounting procedures. All cash items must be appropriated before the expenditure can be made. Donations of real estate should first have an environmental audit performed to assure that we are not assuming a liability. We should also examine any restrictions as to the impact to the County and implications to on-going costs. Finally, we should look at the impact to our tax base and how we plan to re -use the property. Acceptance of such real property would require two readings of an appropriate ordinance as required by our Charter. Motor Vehicles that are donated should be looked at from the standpoint of necessity and from the manner the vehicle is to be used and the impact to our operating budgets. A determination must be made as to whether the specified inventory of vehicles is to be increased or if the vehicle is a replacement. Other property may be donated and should be considered by the Board of Supervisors before acceptance to assure that the donation is in the best interest of Roanoke County. Equipment may have a minimal cost associated with acceptance, but may become a maintenance nightmare if parts are not readily available or if the E service is not compatible or available in the area. This policy would become part of the County Policy and Procedures and would be administered by the County Administrator or designated staff. Donations and Contributions can obviously have a positive effect on our cash management, but can present accounting nightmares if projects are not clearly defined or when de -minimus donations are received. ALTERNATIVES: 1. Adopt the attached policy which would outline the conditions upon which assets donated or contributed to the County would be handled. 2. Continue to consider the impact of donations and contributions on an individual basis as they present themselves. FISCAL IMPACT: All cash donations must be appropriated before they can be expended. Other assets must be accepted by the Board and should receive the recommendation of the Department or Advisory Board before the final determination is made. RECOMMENDATIONS: Staff recommends adoption of the attached policy. Respectfully submitted, Apperovv d by, (� John M. Chambliss, Jr. Elmer C. Hodge Assistant Administrator County Administrator ----------------------------------------------------------------- ACTION VOTE Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) Motion by: Joseph McNamara to approve policy with revision to IC to establish $1,000 threshold cc: File John M. Chambliss, Jr., Assistant County Administrator Wanda Riley, Executive Secretary, Policy Manual 3 No Yes Abs Church _ x _ Johnson _ x McNamara_ x Minnix _ x _ Nickens x POLICY FOR THE ACCEPTANCE OF DONATIONS PURPOSE: To establish guidelines for the acceptance of donations of money and other property for public use by Roanoke County. POLICY 1. Money A. Roanoke County may accept donations of money or cash equivalents from citizens, corporations or other organizations for general County purposes or for specified projects or expenditures. B. Donations for general County purposes, unencumbered by any conditions or restrictions are preferred. C. Donations for specific purposes or with restrictions shall be deposited in the General Fund in an escrow account established by the Director of Finance and may be expended for general County purposes upon appropriation by the Board of Supervisors. The minimum acceptable donation of money or cash equivalents with restrictions shall be $1,000 before a unique escrow account may be established D. Conditions, limitations or restrictions placed upon the donation of money shall be reviewed by the County Attorney for compliance with County ordinances and policies and compliance with United States and Commonwealth laws and regulations with respect to nondiscrimination. The County will not accept any donation that discriminates against any person because of his/her race, religion, color, sex or national origin, age, disability, or other basis prohibited by state or federal law. E. Donations with restrictions or for specific purposes should be reviewed by the Department Head, Advisory Boards and County Administrator to determine the impact of the donation to operating budgets, the Capital Improvements Plan, and equity in operations. F. Donations of cash or cash equivalents to the County for general purposes without any restrictions may be deposited into the General Fund of the County. Should the County choose to use this for a specific purpose, an appropriation by the Board of Supervisors is required. 2. Real Estate A. Roanoke County may accept donations of real estate from citizens, corporations or other organizations for general County purposes or for special purposes. B. Donations for general County purposes, unencumbered by any conditions or restrictions are preferred. C. Donations of real estate shall be reviewed by the appropriate County department for recommendation as to suitability for particular County purposes or needs, and for impact on the County tax base. D. Environmental audits will be conducted for donated real estate to insure that the County will not accept any real estate contaminated with hazardous wastes, or substances that will cause substantial expense to remediate. E. The condition, state of repair and compliance with current building and fire codes of any buildings or structures on the real estate shall be reviewed to avoid any environmental hazards or any significant liabilities arising from such conditions. F. Conditions, limitations or restrictions placed upon the donation of real estate shall be reviewed by the County Attorney for compliance with County ordinances and policies and compliance with United States and Commonwealth laws and regulations with respect to nondiscrimination. The County will not accept any donation that discriminates against any person because of his/her race, religion, color, sex or national origin, age, disability, or other basis prohibited by state or federal law. G. Donations with restrictions or for specific purposes should be reviewed by the Department Head, Advisory Boards and County Administrator to determine the impact of the donation to operating budgets, the Capital Improvements Plan, and equity in operations. 3. Other Personal Property A. Roanoke County may accept donations of personal property from citizens, corporations or other organizations for general County purposes or for specific uses. B. Donations for general County purposes, unencumbered by any conditions or restrictions are preferred. N C. Donations of personal property shall be reviewed by the appropriate County department for recommendation as to suitability for particular County purposes or needs. D. Conditions, limitations or restrictions placed upon the donation of personal property shall be reviewed by the County Attorney for compliance with County ordinances and policies and compliance with United States and Commonwealth laws and regulations with respect to nondiscrimination. The County will not accept any donation that discriminates against any person because of his/her race, religion, color, sex or national origin, age, disability, or other basis prohibited by state or federal law. E. Donations of vehicles may require an increase in the authorized inventory of our fleet unless the vehicle is replacing an existing item. F. Donations with restrictions or for specific purposes should be reviewed by the Department Head, Advisory Boards and County Administrator to determine the impact of the donation to operating budgets, the Capital Improvements Plan, and equity in operations. 4. Miscellaneous A. Donations of any property with limitations or restrictions on its use shall be reviewed by the receiving department, any impacted Advisory Board, the County Administrator and the Board of Supervisors to determine suitability for general County purposes, and to avoid undue administrative burdens. B. Acceptance of any donation shall not commit the County to additional funding or obligations to operate or add any new programs, personnel or facilities. 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 23, 2001 ORDINANCE 102301-6 AUTHORIZING THE CREATION OF AND FINANCING FORA LOCAL PUBLIC WORKS IMPROVEMENT PROJECT, PAINT BANK ROAD WATER PROJECT WHEREAS, Ordinance 112288-7 authorizes the financing of local public works improvements and the imposition of special assessments upon abutting property owners upon the adoption of an appropriate ordinance by the Board of Supervisors; and WHEREAS, the County Administration has negotiated the extension of the public water system to Paint Bank Road community; and WHEREAS, the extension of the public water system and the creation of a special utility (water) service area will alleviate a critical public health, and safety problem; and WHEREAS, several of the residents have requested that the County allow them to pay their portion of the costs of connection to the public sewer system over ten years at an interest rate of 8%; and WHEREAS, the first reading of this Ordinance was held on October 23, 2001, and the second reading was waived because of the emergency nature of this request; and BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the authority of Ordinance 112288-7, the Board authorizes and approves a local public works improvement project, namely, public water extgnsion for the Paint Bank Road community. The total construction cost of this public water project is estimated to be $36,550.00, to be initially financed as follows: 1 Citizen Participation (4 at $3,655 each) $14,620 Advance from the Public Works Participation Fund $21,930 TOTAL $36,550 That there is hereby appropriated for this project the sum of $21,930 from the Public Works Participation Fund. Any citizen participation under paragraph 3. will be advanced as a loan from the Water Fund. 2. That the "Project Service Area" is shown and designated on the attached plat entitled "Paint Bank Road Water Petition Project" prepared by the Roanoke County Utility Department, dated October 23, 2001. The Paint Bank Road Water Petition Project Area is created for a period of ten (10) years. Any owner of real estate within this service area may participate in and benefit from the public water extension to this service area by paying at a minimum the sum of $5,000 ($3,655 toward construction costs, plus $1,345 toward the off-site facility fee), said costs to be paid in full and in advance of connection to the public water extension. 3. That the Board authorizes and approves the payment by the property owners in the project service area who elect to participate on or before January 23, 2002, of their portion of the cost of extending the public sewer system to their properties in accordance with the following terms and conditions: (a) The total amount per property owner/residential connection may be financed for 10 years at an interest rate of 8% per annum. Down payment of $1,345.00 will be applied to the off-site facility fee. 2 (b) Property owners agree to execute a promissory note or such other instrument as the County may require to secure this installment debt. (c) Property owners further agree to execute such lien document or instrument as may be required by the County; said lien document or instrument to be recorded in the Office of the Clerk of the Circuit Court of Roanoke County. This lien instrument or document shall secure the repayment of the promissory note by the property owners to the County and shall be a lien against the property of the owners. Property owners also agree to pay the County any Clerk's fees or recordation costs which may be required to record any lien instrument or documents in the Office of the Clerk of the Circuit Court. (d) Property owners who wish to participate after the January 23, 2002 deadline (other than new property owners) shall pay a minimum of $7,076 ($4,386 construction costs plus 20% plus $30 x length of road frontage in excess of 250 feet) plus the off-site facility fee in effect at that time (currently $2,690). 4. That the payment by citizens in the project service area, in excess of the four (4) anticipated in this ordinance, who elect to participate shall be made to the various funds as follows: The off-site facility fee shall be returned to the Water Fund, and payment of the construction costs shall be returned to the Public Works Participation Fund until such time as the advance has been repaid; any further payment of construction costs shall be returned to the Water Fund. 5. That the County Administrator is authorized to take such actions and execute such documents as may be necessary to accomplish the purposes of this transaction, all upon form approved by the County Attorney. 3 On motion of Supervisor Church to adopt the ordinance with the County funding the Basic Construction Cost of $3,655.00 for the fifth property to achieve the 50% participation, waive the second reading because of the emergency nature of the request, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None A COPY TESTE: 13"� n, /dej,4, Brenda J. Hol n, CMC Deputy Clerk to the Board of Supervisors cc: File Gary Robertson, Director, Utility Paul M. Mahoney, County Attorney Danial Morris, Director, Finance CI PROPOSED SPECIAL WATER SERVICE AREA BOUNDARY #928 44.03-5-38 44.03-5-39.1 #912 44.03-5-39 #910 44.03-5-40 #892 44.03-5-43 #856 44.03-5-44 #850 44.03-5-45 #842 44.03-5-46 #834 44.03-5-47 #826 �y #818 44.03-5-48 EXISTING 24" WATER LINE ' 10075 50 25 0 100 200 300 400 . SCALE END OF WATER LINE �V #863 44.03-5-41.1 44.03-5-41 #851 PROPOSED WATER LINE PROPOSED SPECIAL WATER SERVICE AREA BOUNDARY PAINT BANK ROAD WATER PETITION PROJECT OCTOBER 23, 2001 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 23, 2001 RESOLUTION 102301-7 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 October 23, 2001, 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 6, inclusive, as follows: 1. Confirmation of committee appointment to the Roanoke Valley Area Metropolitan Planning Organization (MPO) Community Advisory Committee. 2. Resolution of congratulations to Allstate Insurance Company on the occasion of its 50th Anniversary in the Roanoke Valley. 3. Resolution of appreciation upon the retirement of Daniel A. LaPrade, Police Department. 4. Request from Sheriff's Office to accept $8,115 grant for the Adult Literacy and Basic Education Program. 5. Request for acceptance of Monet Drive into the Virginia Department of Transportation Secondary System. 6. Acceptance of donation of 20' sanitary sewer easement from Professional Coordinated Services, Inc. on Reservoir Road, Hollins Magisterial District. 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. 1 On motion of Supervisor Johnson to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None A COPY TESTE: g, ka:61� Brenda J. H Iton, CMC Deputy Clerk to the Board of Supervisors cc: File Gerald Holt, Sheriff Danial Morris, Director, Finance Vickie Huffman, Senior Assistant County Attorney Gary Robertson, Director, Utility Arnold Covey, Director, Community Development 2 A -102301-7.a ACTION NO ITEM NUMBER I- — , AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 23, 2001 AGENDA ITEM: Confirmation of Committee Appointment to the Roanoke Valley Area Metropolitan Planning Organization (MPO) Community Advisory Committee COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION Roanoke Valley Area Metropolitan Planning Organization (MPO) Community Advisory Committee At the October 9, 2001 meeting, Supervisor Nickens nominated Ann Rogers to serve on this committee. There are no specific terms for this committee. STAFF RECOMMENDATION: It is recommended that the above appointment be confirmed. Submitted by: Approved by, Mary H. Allen CMC Elmer C. odge Clerk to the Board County Administrator ACTION VOTE No Yes Abs Approved (x) Motion by: Bob L. Johnson to approve Church _ x _ Denied () Johnson _ x _ Received () McNamara_ x Referred O Minnix _ x _ To () Nickens _ x _ cc: File Roanoke Valley Area Metropolitan Planning Organization (MPO) Community Advisory Committee File AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 23, 2001 RESOLUTION 102301-7.b OF CONGRATULATIONS TO ALLSTATE INSURANCE COMPANY ON THE OCCASION OF ITS 50TH ANNIVERSARY IN THE ROANOKE VALLEY WHEREAS, Allstate Insurance Company was founded in 1931 as part of Sears, Roebuck and Company, being named after an automobile tire line that Sears carried at that time; and WHEREAS, the Allstate Insurance Company is celebrating its 70`h anniversary in the United States, its 50th anniversary in the Roanoke Valley and its 31St anniversary in the County of Roanoke; and WHEREAS, Allstate Insurance Company is ranked the ninth largest employer in the Roanoke Valley by the Chamber of Commerce, employing over 1,400 employees in multiple County locations, including the National Support Centerwhich services customers and agents countrywide; and WHEREAS, Allstate Insurance Company, lives up to its slogan "You're in Good Hands with Allstate," by service to the community through the Allstate Foundation established in 1952 that awards grants to non-profit agencies seeking to improve the quality of life and The Helping Hands Program which works with community groups to identify and address their most pressing needs; and WHEREAS, Allstate Insurance Company employees in the Roanoke Valley give of their time and talent through volunteer involvement in Junior Achievement, the West End Center, Boys and Girls Club, Meals on Wheels delivery, blood donor drives, and various other charitable organizations. 1 NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, offers its congratulations to Allstate Insurance Company on its 50th anniversary in the Roanoke Valley; and FURTHER, the Board of Supervisors expresses its deepest appreciation to Allstate for its leadership role of service to the community and for providing employment to residents of the Roanoke Valley. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None A COPY ATESTE: �Yl.�Q.�C7'9) j / -�'rGv-� Brenda J. Hol on, CMC Deputy Clerk to the Board of Supervisors cc: File Resolutions of Congratulations File AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 23, 2001 RESOLUTION 102301-7.c EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF DANIEL A. LAPRADE, POLICE DEPARTMENT, AFTER TWENTY-EIGHT YEARS OF SERVICE WHEREAS, Daniel A. LaPrade was first employed by Roanoke County on July 1, 1973, in the Sheriff's Office as a Deputy Sheriff, Traffic Bureau, and has also held the positions of Deputy Sheriff in the Detective Bureau, Services Division, Youth & Family Services, as well as Personnel Training Sergeant and Deputy Sheriff -Captain; and WHEREAS, Captain LaPrade retired from Roanoke County on October 1, 2001 as a Police Officer - Captain after twenty-eight years and three months of service; and WHEREAS, Captain LaPrade excelled at administrative responsibilities for the Police Department, especially concerning employment and Human Resources issues; and WHEREAS, Captain LaPrade was instrumental in substantially increasing the funds obtained by the Police Department over the last year through his most recent assignment managing the proposals and processing of grant applications; and WHEREAS, Captain LaPrade, 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 1 County to DANIEL A. LAPRADE for over twenty-eight years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None A COPY TESTE: &g'kjA_ Brenda J. Holt n, CMC Deputy Clerk to the Board of Supervisors cc: File Ray Lavinder, Chief of Police Joe Sgroi, Director, Human Resources 2 ACTION NO. A-102301-7 .d ITEM NO. "T-4— AT—' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 23, 2001 AGENDA ITEM: Request to accept the Adult Literacy and Basic Education Program Grant COUNTY ADMINISTRATOR'S COMMENTS: 4t'e7� 7ejt-A� BACKGROUND: We have received grant funding approval from the State Department of Education for the Adult Literacy and Basic Education/GED program operated by Roanoke City Schools and administered by TAP - This Valley Works, under the auspices of the Roanoke County/Salem Jail facility. The funding period will run from July 1, 2001 through June 30, 2002. The total funding is in the amount of $8,115.00. We will be required to provide matching funds in the amount of $13,380.00, which will be supplied from the Sheriffs SubFund. Acceptance of this grant will require no additional funding from the Board of Supervisors. SUMMARY OF INFORMATION: The grant was approved by faxed notification on October 02, 2001. The grant period is from July 1, 2001 through June 30, 2002. The total amount of the grant is $8,115.00 in federal funds and requires matching funds in the amount of $13,380.00, which will be supplied from the Sheriff s SubFund. No additional and/or matching funding from the Board of Supervisors will be required. FISCAL IMPACT: None ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends the acceptance of the awarded funds. Respectfully submitted, lxl�-y A� �-- Gerald S. Holt Sheriff Approved by, 64-.1 Elmer C. Hodge County Administrator ------------------------------------------------------------------------------------------------------------------ ACTION VOTE No Yes Abs Approved (x) Motion by: Bob L. Johnson to approve Church _ x Denied () Johnson _ x _ Received () McNamara_ x _ Referred () Minnix _ x To () Nickens _ x _ cc: File Gerald Holt, Sheriff Danial Morris, Director, Finance Faf d 0 ate' � etc 9�8 C H1no.;-nc3 Sxaorl ATI-IHn S I Hl ck4l tb : C T t 0 C' T te Lu +� �O�J cu C6 a LFI z J 4 W N a O co h tl O %.D dc i 1 Q I d v1 � G N 10, cz m LL m 9% C, cs CO N 0 N e~e 0 a w (p Q O O ON � tb N M I @ro C: w H w m C W I L �'aU ►� --q v a b u u N Ni 4 C Y � v a wN as N V � 0 C C p C C c d b r � etc 9�8 C H1no.;-nc3 Sxaorl ATI-IHn S I Hl ck4l tb : C T t 0 C' T i✓:'� 2:2001 10: 44 TAF THIS UALLEY WORKS EDU -YOUTH 4 33876293 NO. 166 PO4 Ll LITERACY/ROANOKE COUNTY JAIL INSTRUCTIONAL BUDGET WORKSHEET 2001-2002 Local Elpenditure Cash Federall Category Match State Total 1000 PERSONAL SERVICES Instructor Specialist 1 aa$19.00x2Ox52 11,223 A/L Accrued. 2000 EMPLOYEE BENEFITS FICA VUTA FICA A/L W.C. Retirement EAP General Insurance 3000 PURCHASED SERVICES 4000 INTERNAL SERVICES 5000 OTHER CHARGES Space Cost Travel Student Bus Passes 6000 MATERIALS & SUPPLIES Office Supplies Instructional Material Postage In Service Training Test Fees 7000 EQUIPMENT- QUIPMENT-TOTAL TOTAL$ 11,223 A.DNMSTR.ATION 2,157 GRAND TOTAL $13,380 7,777 19,000 $7,777 $19 ,0![? 338 2,495 $8,115 $21,495 10:0_'i2ti301 10: 44 TAP THIS VALLEY WORKS EDU -YOUTH a 93875203 Expenditure Category 1000 2000 3000 4000 5000 IATERACY/ROANOKE COUNTY JAIL ADMINISTRATION BUDGET WORKSHEET 2001-2402 Local Cash FederaV Match State PERSONAE. SERVICES A/L Accrual EMPLOYEE BENEFITS FICA VUTA FICA A/L W.C. Retirement EAP General Insurance PURCHASED SERVICES INTERNAL SERVICES OTHER CHARGES Fiscal Administration -Roanoke Adult ED. Fiscal Support -County J4 $ 2,157 5000 MATERIALS lig SUPPLIES 7000 EQUIPMENT GRAND TOTAL $ 2,157 $ 33A NO. 166 GWi Total 338 2,157 S 338 $ 2,495 THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING ON THE 23RD DAY OF OCTOBER 2001, ADOPTED THE FOLLOWING: RESOLUTION 102301-7.e REQUESTING ACCEPTANCE OF MONET DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the street described on the attached Addition 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, WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999 for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR -5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Supervisor Johnson Seconded By: None Required Yeas: Supervisors Johnson, McNamara, Church, Nickens, Minnix Nays: None Absent: None A Copy Teste:.AA4"-& 0, 4 --- Brenda J. Holto0h, CMC Deputy Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Virginia Department of Transportation J-5 NORTH DEPARTMENT OF COMMUNITY DEVELOPMENT THE GROVES, SECT. 8 Acceptance of Monet Drive into the Virginia Department of Transportation Secondary System. zo % � ¥ _ / � ■ / « R g� £ � \ } / ) % �[ § � 7 ; I § i 3 » « - 6 E / \ / / / / C. / / � k % . ) } \ / e x ) cc }\ £ I — . Lf _ 2 ct \ / \ \ \ \ \ \ § } / ƒ ƒ } / F / / \ e E ; 3 3 s e e e E _/ a� a/ e E e§ j � \ } . = o \ ) \ § } 7 z / � A In w ) z ! i A-102301-7 .f ACTION NO. ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 23, 2001 AGENDA ITEM: ACCEPTANCE OF DONATION OF A 20' SANITARY SEWER EASEMENT FROM PROFESSIONAL COORDINATED SERVICES, INC. (BOTETOURT COUNTY TAX MAP NO. 106-17 & NO. 106-22) ON RESERVOIR ROAD IN THE AREA OF THE HOLLINS MAGISTERIAL DISTRICT COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This consent agenda item involves the acceptance ofthe following easement for sanitary sewer purposes in connection with development of the Professional Coordinated Services, Inc. property on Reservoir Road, in the area of the Hollins Magisterial District, conveyed to the Board of Supervisors of Roanoke County, Virginia: a) Donation of a sanitary sewer easement, twenty feet (20) in width, from Professional Coordinated Services, Inc. (Botetourt County Deed Book 407, page 210, and Deed Book 369, page 200; Tax Map No. 106-17 & No. 106- 22), as shown on a plat prepared by Kyle D. Austin, L.S., dated August 2�, 2001, a copy of which is attached hereto as Exhibit A. The location and dimensions of this easement have been reviewed and approved by the County's engineering and utility staff. STAFF RECOMMENDATION: Staff recommends acceptance of the donation of this easement. Respectfully submitted, *" lj;'' I/ cki . Huffm Sr. Assistant Cou y Attorney ------------------------------------------------------------------------------------------------------------------ ACTION VOTE No Yes Abs Approved (x) Motion by: Bob L. Johnson to approve Church _ x Denied () Johnson _ x _ Received () McNamara_ x _ Referred () Minnix _ x _ To () Nickens x cc: File Vickie Huffman, Senior Assistant County Attorney Gary Robertson, Director, Utility Arnold Covey, Director, Community Development 2 Shaded Area Denotes Sanitary Sewer Easement Area = 5,686 Sq. Ft. (0.131 Ac.) Ann B. Walls Mason Haynesworth & D.B. 46, Pg. 561 Nancy B. Birdsong Tax j 106-14 D.B. 39, Pg. 542 Tax # 166-16 1 Iron Pipe Fd. W tD i�nain in cTrence - s Pin $78.52 „ '20 0 _ Lo N + D1 m f a � William S. & Sibyl P. Johnson oD.B. N m 224, Pg. 001 Tax 106-1B Easement Plat Showing a 20' Sanitary Sewer Easement L- 2 Professional Coordinated Services, Inc. Professional .0 LDeed Professional Z Coordinated Services, Inc. ZBotetourt County, Virginia Coordinated Services, Inc. j D.B. 369, Pg. 200 > D.B. 407, Pg. 210 N Tax # 106-22 ^, tD O Tax # 106-17 LO O W co �w 0 20' Sanitary Sewer EasementEM _-- co — -d' Iron tD i�nain in cTrence - s Pin $78.52 „ '20 156.72, 0 a Lo N + D1 m a V + c C 7 a � William S. & Sibyl P. Johnson oD.B. N m 224, Pg. 001 Tax 106-1B Easement Plat Showing a 20' Sanitary Sewer Easement Located on Property of Professional Coordinated Services, Inc. Deed Book 369, Page 200. Book 407, Page 210. LDeed �pAmsterdam Magesterial District ZBotetourt County, Virginia DAUSTIN IN — D Scale: 1 " = 5.0' Date: August 23, 2001 Kyle D. Austin L.S. P.O. Boa 749 Buchanan, Virginia 24066 Telephone 0 (540) 254-1746 EXHIBIT A AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 23, 2001 RESOLUTION 102301-8 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 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each 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 Minnix to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None A COPY TESTE: Brenda J. Hol on, CMC Deputy Clerk to the Board of Supervisors cc: File Closed Meeting File AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 23, 2001 ORDINANCE 102301-9 AMENDING THE ROANOKE COUNTY ZONING ORDINANCE, SECTION 30-21.B.. "ENFORCEMENT PROCEDURES" BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: Sec. 30-21. Enforcement Procedures. (B) Property owners, permit applicants, and/or establishment owners/managers, as applicable, shall be notified in writing of violations of the provisions of this ordinance. The administrator shall, in the notice of violation, state the nature of the violation, the date that it was observed, and the remedy or remedies necessary to correct the violation. The administrator may establish a reasonable time period for the correction of the violation, however in no case shall such time period exceed fifteen j ten,j10� days from the date of written notification, except that the administrator may allow a longer time period to correct the violation if the correction would require the structural alteration of a building or structure. (C) If the violation is not corrected within the time period specified in the first notification, a second written notice shall be sent. The second notification shall request compliance with these provisions within a period not to exceed seven (7) days. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: I AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None A COPY TESTE: &-&dA - kil�� Brenda J. Hol n, CMC Deputy Clerk to the Board of Supervisors cc: File Janet Scheid, Chief Planner Circuit Court Clifford R. Weckstein, Judge Diane McQ. Strickland, Judge Richard C. Pattisall, Judge Robert P. Doherty, Jr., Judge Jonathan M. Apgar, Judge James R. Swanson, Judge Steven A. McGraw, Clerk Juvenile Domestic Relations District Court Joseph M. Clarke, II, Judge Philip Trompeter, Judge John B. Ferguson, Judge Joseph P. Bounds, Judge Ruth P. Bates, Clerk Intake Counsellor General District Court George W. Harris, Judge William Broadhurst, Judge Vincent Lilley, Judge Julian H. Raney, Judge Jacqueline F. Ward Talevi, Judge Theresa A. Childress, Clerk Skip Burkart, Commonwealth Attorney Paul M. Mahoney, County Attorney Magistrates Sherri Krantz/Betty Perry Main Library Ray Lavinder, Police Chief Richard Burch, Chief of Fire & Rescue Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Law Library, Singleton Osterhoudt Roanoke County Code Book Gerald S. Holt, Sheriff John M. Chambliss, Jr., Assistant County Administrator Dan O'Donnell, Assistant County Administrator Diane D. Hyatt, Chief Financial Officer Kathi Scearce, Director, Community Relations Danial Morris, Director, Finance O. Arnold Covey, Director, Community Development Gary Robertson, Director, Utility Elaine Carver, Director, Information Technology Anne Marie Green, Director, General Services Thomas S. Haislip, Director, Parks, Recreation & Tourism Gardner Smith, Director, Procurement William E. Driver Director, Real Estate Valuation Alfred C. Anderson, Treasurer Nancy Horn, Commissioner of Revenue AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, OCTOBER 23, 2001 ORDINANCE 102301-10 TO CHANGE THEZONING CLASSIFICATION OF A 3.71 -ACRE TRACT OF REAL ESTATE LOCATED AT 3990 CHALLENGER DRIVE (PART OF TAX MAP NO. 50.05-1-1) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C-1 TO THE ZONING CLASSIFICATION OF R-3 WITH CONDITIONS UPON THE APPLICATION OF BOWMAN DALTON, INC. WHEREAS, the first reading of this ordinance was held on July 24, 2001, and the second reading and public hearing were held August 28, 2001, at which time this matter was referred to the Planning Commission for further consideration; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on August 7, 2001, and on October 2, 2001; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 3.71 - acres, as described herein, and located at 3990 Challenger Drive (Part of Tax Map Number 50.05-1-1) in the Hollins Magisterial District, is hereby changed from the zoning classification of C-1, Office District, to the zoning classification of R-3, Medium Density Multifamily Residential District. 2. That this action is taken upon the application of Bowman Dalton, Inc. 3. That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (a) The subject property will be developed in substantial conformity with 1 the plat entitled "Plat Showing Rezoning Exhibit, Property of Robert L. Metz and Reba S. Metz," prepared by Lumsden Associates, P.C., under date of August 8, 2001, Exhibit A. (b) The C-1 and R-3 property shall share a common access road. 4. That said real estate is more fully described as follows: Beginning at a point on the northerly side of Challenger Avenue at the southeasterly corner of the property of W. M. Witt and Mary B. Witt (Tax Map No. 50.05-1-3); thence N. 37 deg. 15'00'W. 200.85 feet to the actual place of beginning; thence S. 37 deg. 1600" E. 298.52 feet to a point; thence N. 51 deg. 00' E. 539.88 feet to a point; thence S. 37 deg. 15'00" E. 277.28 feet to a point; thence S. 48 deg. 45' W. 301.79 feet to a point on the easterly side of the Proposed Private Road Common Area; thence with same generally in a southerly direction to the northerly right-of- way of Challenger Avenue; thence S. 32 deg. 00'W. 54.62 feet to the westerly side of the Proposed Private Road; thence proceeding with the westerly side of the private road in a northerly direction to a point on the southerly line of the Common Area; thence S. 48 deg. 45'W. 199.05 feet to the Place of Beginning, and containing 3.71 acres. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None A COPY TESTE: &46W,L 0 - VUAI� Brenda J. H ton, CMC Deputy Clerk to the Board of Supervisors 2 cc: File Arnold Covey, Director, Community Development Janet Scheid, Chief Planner William E. Driver, Director, Real Estate Valuation Paul M. Mahoney, County Attorney ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Apbicants name: Bowman -Dalton,, Inc. Zoning: Rezoning from C-1 to R-3 Tax Map No. 50.05-1-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 23, 2001 ORDINANCE 102301-11 AUTHORIZING THE VACATION OF AN EXISTING 20' DRAINAGE EASEMENT AND ACCEPTANCE OF THE RELOCATED 20' DRAINAGE EASEMENT ON PROPERTY OF LEON P. HARRIS AND BEVERLY Y. HARRIS, NEW LOT 3A, SECTION 26, HUNTING HILLS(PLAT BOOK 16, PAGE 165; PLAT BOOK 19, PAGE 20; TAX MAP NO. 87.16-4-3) IN THE CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, by subdivision plat entitled'SECTION NO. 26, HUNTING HILLS', dated May 3, 1994, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 16, page 165, a "NEW 20' D.E." [drainage easement] was dedicated and shown across Lot 3; and, WHEREAS, the subject drainage easement is further shown on 'NEW LOT 3A' and designated as "20' D.E., P.B. 16, pg. 165" on re -subdivision plat entitled 'PLAT OF SUBDIVISION FOR PROPERTY OF ROBERT C. LAUCHER AND ANNA JEAN LAUGHER CREATING HEREON NEW LOT 1A (1.657 AC.) AND NEW LOT 3A (1.624 AC.) BEING ORIGINAL LOTS 1, 2 & 3, SECTION NO. 26 "HUNTING HILLS" (PLAT BOOK 16, page 165),' dated August 9, 1996, and recorded in the aforesaid Clerk's Office in Plat Book 19, page 20; and WHEREAS, Leon P. Harris and Beverly Y. Harris are the current owners of 'New Lot 3A', Section 26, Hunting Hills, designated on the Roanoke County Land Records as Tax Map No. 87.16-4-3; and, WHEREAS, the owners have requested that, pursuant to §15.2-2272.2 of the Code of Virginia (1950, as amended), the Board of Supervisors of Roanoke County, Virginia, vacate the above-described existing 20' drainage easement, and accept in exchange a new 20' drainage easement across New Lot 3A, Section 26, Hunting Hills, P. B. 19, Pg. 20; and, WHEREAS, this vacation and acceptance will involve minimal cost to the County and the relocation has been approved by the County's engineering staff; and, WHEREAS, notice has been given as required by § 15.2-2204 of the Code of Virginia (1950, as amended), and the first reading of this ordinance was held on October 9, 2001; the public hearing and second reading of this ordinance was held on October 23, 2001. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the existing 20' drainage easement on Lot 3, designated as "NEW 20' D.E."and dedicated by subdivision plat entitled 'SECTION NO. 26, HUNTING HILLS', dated May 3, 1994, and recorded in the aforesaid Clerk's Office in Plat Book 16, page 165, and further shown as "20' D.E., P.B. 16, pg. 165" on 'NEW LOT 3A' on the above-described re -subdivision plat of record in the aforesaid Clerk's Office in Plat Book 19, page 20, said easement being shown cross -hatched and designated as "EXISTING 20' DRAINAGE EASEMENT TO BE VACATED" on the partial copy of the plat recorded in Plat Book 16, page 165, attached hereto as Exhibit A, be, and hereby is, vacated pursuant to § 15.2-2272 of the Code of Virginia (1950, as amended). 2. That, in exchange, acquisition and acceptance of a new 20' drainage easement across New Lot 3A, Section 26, Hunting Hills, P.B. 19, Pg. 20, Tax Map No. 87.16-4-3, being designated and shown as "NEW 20' DRAINAGE EASEMENT" on Exhibit B attached hereto, be and hereby is, authorized and approved; and, 3. That the publication costs and recordation fees are to be paid from the budget of the Department of Community Development. 4. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court 2 of Roanoke County, Virginia, in accordance with §15.2-2272.2 of the Code of Virginia (1950, as amended). 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