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HomeMy WebLinkAbout9/28/2004 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 2004 ORDINANCE 092804-1 AMENDING ORDINANCE NO. 52488-12 AUTHORIZING AN AMENDMENT TO THE LEASE WITH INGERSOLL- RAND (BOGAR, LLC) TO PROVIDE FOR AN EARLY TERMINATION OF A RECREATIONAL LEASE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That on February 9, 1988, the Board of Supervisors adopted an ordinance authorizing the lease of approximately 5 acres from Ingersoll-Rand for recreational purposes (Ordinance No. 2988-6). The term of the lease was for a 25 -year period. 2. That on May 24, 1988, the Board amended this lease to provide for a 3 - year renewable term (Ordinance No. 52488-12). 3. That Bogar, LLC purchased the Ingersoll-Rand property and is the successor -in -interest to Ingersoll-Rand. It has requested an amendment to the lease to provide for an early termination upon 90 days written notice. 4. That pursuant to the provisions of § 18.04 of the Charter of Roanoke County, a first reading of an ordinance amending the lease was held on September 14, 2004; a second reading on this matter was held on September 28, 2004. 5. That the amendment to the lease by Roanoke County from Ingersoll- Rand, now Bogar, LLC, of approximately 5 acres for recreational purposes to provide for an early termination of said lease is hereby authorized and approved. 6. That the County Administrator, or Assistant County Administrator, is authorized to execute such document and take such actions on behalf of Roanoke County as are necessary to accomplish this transaction, all of which shall be upon form approved by the County Attorney. On motion of Supervisor Flora to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None 1 A COPY TESTE: Mill . Diane S. Childers Clerk to the Board of Supervisors cc: File Jill Loope, Assistant Director, Economic Development Pete Haislip, Director, Parks, Recreation, & Tourism Arnold Covey, Director, Community Development Janet Scheid, Chief Planner Paul Mahoney, County Attorney 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28,2004 RESOLUTION 092804-2 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM K - 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 September 28, 2004, designated as Item K - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 8, inclusive, as follows: 1. Approval of minutes — September 14, 2004 2. Confirmation of committee appointments to the Library Board (Appointed by District) and the Roanoke Valley Resource Authority 3. Resolution of appreciation upon the retirement of Philip J. Patrone, Police Department, following twenty-five years of service 4. Request from Unified Human Transportation Services (RADAR) to accept and appropriate a grant in the amount of $208,000 for the purchase of vans and to appropriate Section 5311 monies in the amount of $28,351 for operating costs 5. Request from schools to appropriate a grant in the amount of $1,275 from the Virginia Commission for the Arts 6. Request from schools to appropriate dual enrollment revenues in the amount of $679.06 7. Request to appropriate funds in an amount not to exceed $9,000 from the Board contingency account to Chandler Planning 8. Request to approve resolution authorizing the County of Roanoke to enter into a commercial credit card relationship with SunTrust Bank Card 1 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 Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None A COPY TESTE: &f . ,sm) Diane S. Childers Clerk to the Board of Supervisors cc: File John Chambliss, Assistant County Attorney Rebecca Owens, Director, Finance Dr. Lorraine Lange, Assistant Superintendent of Instruction Dr. Linda Weber, Schools Superintendent Brenda Chastain, Clerk, School Board Paul Mahoney, County Attorney Diane Hyatt, Chief Financial Officer 2 ACTION NO. A -092804-2.a ITEM NO. K-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 2004 AGENDA ITEM: Confirmation of committee appointments to the Library Board (Appointed by District) and the Roanoke Valley Resource Authority SUBMITTED BY: APPROVED BY: Diane S. Childers Clerk to the Board Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Library Board (Appointed by District) Supervisor Altizer has requested that Lisa Boggess, Vinton Magisterial District, be added to the consent agenda for confirmation at this meeting to complete the remaining portion of an unexpired four-year term and an additional four-year term that will expire on December 31, 2008. Roanoke Valley Resouce Authority At the September 14, 2004 meeting, Supervisor Church nominated Keith Tenson to complete the unexpired portion of the vacant four-year term which will expire on December 31, 2005. Following a closed session discussion at the September 14 meeting, it was the consensus of the Board to place this nomination on the September 28 consent agenda for confirmation. STAFF RECOMMENDATION: It is recommended that the above appointment be confirmed. VOTE: Supervisor Flora motion to approve staff recommendation Motion Approved cc: File Library Board File Roanoke Valley Resource Authority File 2 Yes No Abs Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Flora ® ❑ ❑ cc: File Library Board File Roanoke Valley Resource Authority File 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 2004 RESOLUTION 092804-2.b EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF PHILIP J. PATRONE, POLICE DEPARTMENT, AFTER TWENTY-FIVE YEARS OF SERVICE WHEREAS, Philip J. Patrone was first employed by Roanoke County on May 1, 1979, as a Deputy Sheriff, and advanced to the rank of Captain; and WHEREAS, Captain Patrone was one of the original members of the Police Department which was established in 1990; and WHEREAS, Captain Patrone spent most of his career as a detective in investigations and became a polygraph examiner; and WHEREAS, Captain Patrone was promoted to sergeant in 1998 and worked in the Professional Standards Unit until 2002; and WHEREAS, Captain Patrone managed the investigations function and the Uniform Division prior to his retirement from Roanoke County on September 1, 2004, after twenty-five years of service; and WHEREAS, Captain Patrone, 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, Virginia, expresses its deepest appreciation and the appreciation of the r citizens of Roanoke County to PHILIP J. PATRONE for twenty-five years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None A COPY TESTE: Ah'JA _q lj/w) Diane S. Childers Clerk to the Board of Supervisors cc: File Resolutions of Congratulation File 2 ACTION NO. A -092804-2.c ITEM NO. K-4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 2004 AGENDA ITEM: Request from Unified Human Transportation Services (RADAR) to accept and appropriate a grant in the amount of $208,000 for the purchase of vans and to appropriate Section 5311 monies in the amount of $28,351 for operating costs SUBMITTED BY: John M. Chambliss, Jr. Asst. County Administrator APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Unified Human Transportation Services (RADAR), who operates the CORTRAN program on behalf of Roanoke County, has been advised by the Commonwealth of Virginia's Department of Rail and Public Transportation that they have been awarded a capital grant for the purchase of four replacement vans/lifts in the amount of $208,000. This represents $197,600 in State monies and $10,400 local match which will be paid by RADAR. These monies must pass through a local government entity and the application was approved in the name of Roanoke County. No local monies are involved as this is simply a pass- through grant. RADAR has also been advised that they will receive $28,351 in Section 5311 operating monies which is used to offset operating costs for the CORTRAN program in the rural areas of Roanoke County. RADAR monitors the request for service and offsets our operating expenses for qualified rides provided by the program. FISCAL IMPACT: No new local monies are required for these grants. The grant for the purchase of the vans uses state money and is matched by RADAR. The operating money for the CORTRAN program serves as the match for the 5311 monies. STAFF RECOMMENDATION: Staff recommends acceptance and appropriation of a grant in the amount of $208,000 to RADAR for the purchase of vans and appropriation of Section 5311 monies in the amount of $28,351 for operating costs. VOTE: Supervisor Flora motion to approve staff recommendation Motion Approved cc: File John Chambliss, Assistant County Attorney Rebecca Owens, Director, Finance 2 Yes No Abs Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Flora ® ❑ ❑ cc: File John Chambliss, Assistant County Attorney Rebecca Owens, Director, Finance 2 ACTION NO. A -092804-2.d ITEM NO. K-5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 2004 AGENDA ITEM: Request from schools to appropriate a grant in the amount of $1,275 from the Virginia Commission for the Arts SUBMITTED BY: Dr. Lorraine Lange Assistant Superintendent of Instruction APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Virginia Commission for the Arts provides grants for projects for the arts. Roanoke County schools received a grant in the amount of $1,275 from the commission. The funds will be used for the Center for Visual Arts curriculum writing and community resources. FISCAL IMPACT: None ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends appropriation of Virginia Commission for the Arts grant in the amount of $1,275 for the Center for Visual Arts curriculum writing and community resources. VOTE: Supervisor. Flora motion to approve staff recommendation Motion Approved cc: File Dr. Lorraine Lange, Assistant Superintendent of Instruction Dr. Linda Weber, Schools Superintendent Brenda Chastain, Clerk, School Board Rebecca Owens, Director, Finance 2 Yes No Abs Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Flora ® ❑ ❑ cc: File Dr. Lorraine Lange, Assistant Superintendent of Instruction Dr. Linda Weber, Schools Superintendent Brenda Chastain, Clerk, School Board Rebecca Owens, Director, Finance 2 ACTION NO. A -092804-2.e ITEM NO. K-6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 2004 AGENDA ITEM: Request from schools to appropriate dual enrollment revenues in the amount of $679.06 SUBMITTED BY: Dr. Lorraine Lange Assistant Superintendent of Instruction APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: - SUMMARY OF INFORMATION: Virginia Western Community College (VWCC) did not bill one class during the second semester of the 2003-2004 school year. Roanoke County schools paid the bill and received $679.06 from VWCC for teacher salary and use of the building. Roanoke County schools requests that $679.06 be appropriated to the instructional program, budget code 797530-6501. FISCAL IMPACT: None ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends appropriation of dual enrollment revenues in the amount of $679.06 to the instructional program. 1 VOTE: Supervisor Flora motion to approve staff recommendation Motion Approved cc: File Dr. Lorraine Lange, Assistant Superintendent of Instruction Dr. Linda Weber, Schools Superintendent Brenda Chastain, Clerk, School Board Rebecca Owens, Director, Finance F Yes No Abs Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Flora ® ❑ ❑ cc: File Dr. Lorraine Lange, Assistant Superintendent of Instruction Dr. Linda Weber, Schools Superintendent Brenda Chastain, Clerk, School Board Rebecca Owens, Director, Finance F ACTION NO. A -092804-2.f ITEM NO. K-7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 2004 AGENDA ITEM: Request to appropriate funds in an amount not to exceed $9,000 from the Board contingency account to Chandler Planning SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Board previously authorized engaging Dr. Michael Chandler to assist in the development of the revisions and amendments to the Comprehensive Plan. This action will appropriate funds from the Board's contingency account to pay for these professional services. Dr. Chandler has submitted an invoice dated September 13, 2004 in the amount of $2,968.74, which covers his services through August 31, 2004. Staff anticipates additional professional services from Dr. Chandler over the next several months until this process is completed. Therefore staff is requesting authority to pay future invoices from the Board contingency account in an amount not to exceed $9,000.00. FISCAL IMPACT: $9,000.00 from the Board contingency account. STAFF RECOMMENDATION: It is recommended that the Board authorize the expenditure of an amount not to exceed $9,000.00 to Chandler Planning from the Board contingency account. VOTE: Supervisor Flora motion to approve staff recommendation Motion Approved cc: File Paul Mahoney, County Attorney Rebecca Owens, Director, Finance Yes No Abs Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ Mr. Altizer ® ❑ ❑ Mr. Flora ® ❑ ❑ cc: File Paul Mahoney, County Attorney Rebecca Owens, Director, Finance AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 2004 RESOLUTION 092804-2.g AUTHORIZING THE COUNTY OF ROANOKE TO ENTER INTO A COMMERCIAL CREDIT CARD ACCOUNT RELATIONSHIP WITH SUNTRUST BANK CARD, N.A. (,,,,BANK,,) WHEREAS, the County of Roanoke desires to enter into a commercial credit card account relationship with SunTrust Bank Card, N.A. (the "Bank") and NOW THEREFORE, BE IT RESOLVED, BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows: 1. That the County of Roanoke enters into a commercial credit card account relationship with SunTrust Bank Card. 2. That the County Administrator or designee is authorized to enter into and execute on behalf of the County any agreements or documents the Bank may require in order to establish the commercial credit card account relationship upon form approved by the County Attorney. 3. That the County shall be bound by the terms and conditions of the agreements, all as now existing or as amended from time to time. 4. That the undersigned is authorized and directed to furnish said Bank a certified copy of this resolution, which resolution shall continue in full force and effect until written notice of modification or revocation of this resolution has been received by the Bank and the Bank has had reasonable time to act on such notice, and to furnish said Bank the names and specimen signature of the authorized person named herein, and such persons from time to time holding above positions. 1 5. That the appropriate officers are hereby authorized and directed to execute, deliver and file all documents, certificates and instruments and to take all such further action as may be necessary or desirable in connection with and that are in conformity with the purposes and intent of this resolution. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None A OPY TESTE: Diane S. Childers Clerk to the Board of Supervisors cc: File Rebecca Owens, Director, Finance Diane Hyatt, Chief Financial Officer Paul Mahoney, County Attorney 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 2004 RESOLUTION 092804-3 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 Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None A COPY TESTE: Diane S. Childers 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, SEPTEMBER 28, 2004 RESOLUTION 092804-4 AUTHORIZING THE EXECUTION OF A COMPREHENSIVE AGREEMENT PURSUANT TO THE PUBLIC- PRIVATE EDUCATION FACILITIES AND INFRASTRUCTURE ACT OF 2002 TO DESIGN, DEVELOP AND CONSTRUCT A NEW PUBLIC SAFETY FACILITY AND CERTAIN RADIO SYSTEM UPGRADES, TO AMEND A CONTRACT WITH CONSTRUCTION DYNAMICS GROUP FOR CONSTRUCTION MANAGEMENT AND VALUE ENGINEERING, AND TO APPROPRIATE FUNDS FOR THESE PURPOSES WHEREAS, Roanoke County, Virginia, (the "County") has an urgent need for a new public safety facility and radio system upgrades (the "Project"), and the Board of Supervisors of Roanoke County, Virginia, (the "Board") has included in its Capital Improvement Program plans for building such facilities; and WHEREAS, the means traditionally used to procure new facility design and construction could result in limited flexibility in design and longer lead times for delivery of these facilities than desirable; and WHEREAS, the General Assembly enacted the Public -Private Education Facilities and Infrastructure Act of 2002 ("PPEA"), which provides an alternative to traditional methods for procurement of new design and construction services; and WHEREAS, the Board adopted its implementation procedures for the PPEA on May 13, 2003; and WHEREAS, the Board subsequently received an unsolicited proposal pursuant to the PPEA from Northrop -Grumman Corporation to construct an emergency communications/public safety center and determined that it would be advantageous to the public to proceed under the PPEA; and 1 WHEREAS, the Board determined that proceeding with the procurement under the PPEA was likely to be advantageous to the public and that use of "competitive negotiation" procedures under the PPEA for the procurement of these facilities was likely to be more advantageous to the County and the public based upon (1) the probable scope, complexity, or urgency of the project, or (2) risk sharing, added value, economic benefit from the project that would not otherwise be available; and WHEREAS, the Board then accepted the unsolicited proposal and invited competing proposals for the procurement of the emergency communications/public safety center; and WHEREAS, the County received proposals from three offerors; Northrop - Grumman Corporation, Public Facilities Consortium, LLC and SafetyFirst; and WHEREAS, The County engaged the services of qualified professionals not employed by the County to provide to the County independent analysis regarding the specifics, advantages, disadvantages, and long- and short-term costs of the proposals for this Project; and WHEREAS, County staff has engaged in negotiation of a comprehensive agreement with Northrop Grumman Corporation, and a draft copy of the negotiated comprehensive agreement has been provided to the members of the Board of Supervisors; and WHEREAS, the negotiated comprehensive agreement is within the scope of the procurement and the procurement's terms and conditions, is in the public interest, and the qualifying project for which it provides serves the public purpose under the criteria of Va. Code § 56-575.4.C. 2 NOW THEREFORE, BE IT RESOLVED AS FOLLOWS: (1) The Board of Supervisors hereby finds that the qualifying Project to be performed under the negotiated comprehensive agreement with Northrop Grumman Corporation serves the public purpose under the criteria of Va. Code § 56-575.4.C; (2) The Board hereby determines in writing that Northrop Grumman Corporation is most qualified to implement this Project, and that it has made the best proposal. (3) The County Administrator is authorized to execute the comprehensive agreement on behalf of the County to build this Project, upon form approved by the County Attorney, and to take such actions as may be necessary and appropriate to implement the purposes of this resolution. (4) The Board recognizes that, given the length of the comprehensive agreement and the schedule within which it was negotiated and drafted, further minor revisions to it, primarily of a technical nature, may be necessary or desirable, and it therefore authorizes the County Administrator to execute on its behalf the comprehensive agreement with Northrop Grumman Corporation and, prior to execution, to make any technical changes to it agreed upon by him and Northrop Grumman Corporation that do not materially affect its terms and conditions, provided that the County Attorney concurs with such technical changes. (5) The Board authorizes an amendment to the contract with Construction Dynamics Group to provide construction management and value engineering services for this Project. 3 (6) The Board authorizes funding for the replacement of the school warehouses currently on the Public Safety Building site. For this purpose, $500,000 is included as part of the appropriation in Item 7 below. (7) The Board hereby appropriates the sum of $28,280,540 to the Public Safety Building Project. This project is funded from $22,170,000 of lease revenue bonds sold through Virginia Resources Authority on June 30, 2004, and $6,110,540 transferred from the Capital Unappropriated Balance. On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None A COPY TESTE: �s A&M) Diane S. Childers Clerk to the Board of Supervisors cc: File Dan O'Donnell, Assistant County Administrator Diane Hyatt, Chief Financial Officer Rebecca Owens, Director, Finance Paul Mahoney, County Attorney 51 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 2004 RESOLUTION 092804-5 ESTABLISHING A PROGRAM FOR SPOT BLIGHT ABATEMENT IN ROANOKE COUNTY WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has determined blighted or deteriorated areas and properties are developing in Roanoke County, and, WHEREAS, these blighted or deteriorated areas are defined as areas with buildings or improvements which, by reason of dilapidation, obsolescence, overcrowding, faulty arrangement of design, lack of ventilation, light, and sanitary facilities, excessive land coverage, deleterious land use or obsolete layout, or any combination of these and other factors, are detrimental to the safety, health, morals or welfare of the community; and, WHEREAS, the Board finds that the establishment of a spot blight abatement program in accordance with the provisions of Section 36-49.1:1 of the Code of Virginia, 1950, as amended, is necessary and appropriate, and WHEREAS, that certain blighted, deteriorated or deteriorating areas are susceptible of conservation through appropriate public action and the elimination or prevention of the spread or increase of blight or deterioration in such areas is necessary for the public welfare and is a public purpose for which public money may be spent and private property acquired by purchase or by the power of eminent domain. NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Virginia, 1 1) That there is hereby established a spot blight abatement program for Roanoke County, in accordance with the provisions of Section 36-49.1:1 of the Code of Virginia, 1950, as amended. 2) That the County Administrator shall develop procedural guidelines for the implementation of this program and the exercise of the spot blight abatement powers authorized by the Code of Virginia, in substantial conformity with Exhibit A, attached hereto and incorporated herein by reference. The County Administrator is authorized to delegate functions and activities as he deems appropriate. 3) That the County Administrator is granted the power and authority as may be necessary to commence spot blight abatement in Roanoke County, as provided in this Resolution and consistent with the provisions of law. 4) That this Resolution shall be effective immediately upon its adoption. On motion of Supervisor Wray to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None AOPY TESTE: Diane S. Childers Clerk to the Board of Supervisors cc: File Paul Mahoney, County Attorney Arnold Covey, Director, Community Development Janet Scheid, Chief Planner Rebecca Owens, Director, Finance 2 Exhibit A § 36-49.1:1. Spot blight abatement authorized; procedure. A. Notwithstanding any other provision of this article, an authority, or any locality, shall have the power to acquire or repair any blighted property, as defined in § 36-49, whether inside or outside of a conservation or redevelopment area, by exercise of the powers of eminent domain provided in Chapter 2 (§ 25.1-200 et seq.) of Title 25.1, and, further, shall have the power to hold, clear, repair, manage or dispose of such property for purposes consistent with this title. In addition, the locality shall have the power to recover the costs of any repair or disposal of such property from the owner. This power shall be exercised only in accordance with the procedures set forth in this section. B. The chief executive or designated agency or authority of the locality shall make a preliminary determination that a property is blighted in accordance with this article. It shall notify the owner, specifying the reasons why the property is considered blighted. The owner shall have 30 days within which to respond with a plan to cure the blight within a reasonable time. C. If the owner fails to respond within the 30 -day period with a plan that is acceptable to the chief executive of the agency, authority or locality, the agency, authority or locality (i) may request the local planning commission to conduct a public hearing and make findings and recommendations that shall be reported to the governing body of the locality concerning the repair or other disposition of the property in question and (ii) in the event a public hearing is scheduled, shall prepare a plan for the repair or other disposition of the property. D. Not less than three weeks prior to the date of the public hearing before the planning commission, the commission shall provide by regular and certified mail, notice of such hearing to (i) the owner of the blighted property or the agent designated by him for receipt of service of notices concerning the payment of real estate taxes within the locality; (ii) the abutting property owners in each direction, including those property owners immediately across the street or road from the property; and (iii) the representative neighborhood association, if any, for the immediate area. The notice shall include the plan for the intended repair or other disposition of the property. The notice of the public hearing shall be published at least twice, with not less than six days elapsing between the first and second publication in a newspaper published or having general circulation in the locality in which the property is located. The notice also shall be posted on the property. The notice shall specify the time and place of the hearing at which persons affected may appear and present their views, not less than six days nor more than 21 days after the second publication. E. The planning commission shall determine whether: 1. The owner has failed to cure the blight or present a reasonable plan to do so; Exhibit A 2. The property is blighted; 3. The plan for the repair or other disposition of the property is in accordance with the locally adopted comprehensive plan, zoning ordinances, and other applicable land use regulations; and 4. The property is located within an area listed on the National Register of Historic Places. In such instances, the planning commission shall consult with the locally established architectural review board, if any, regarding the proposed repair or other disposition of the property by the authority or governing body. F. The planning commission shall report its findings and recommendations concerning the property to the governing body. The governing body, upon receipt of such findings and recommendations, may, after an advertised public hearing, affirm, modify, or reject the planning commission's findings and recommendations. If the repair or other disposition of the property is approved, the authority, agency or locality may carry out the approved plan to repair or acquire and dispose of the property in accordance with the approved plan, the provisions of this section, and applicable law. The locality shall have a lien on all property so repaired or acquired under an approved plan to recover the cost of (i) improvements made by such locality to bring the blighted property into compliance with applicable building codes and (ii) disposal, if any. The lien authorized by this subsection shall be filed in the circuit court where the property is located and shall be subordinate to any prior liens of record. The governing body may recover its costs of repair from the owner of record of the property when the repairs were made at such time as the property is sold or disposed of by such owner. If the property is acquired by the governing body through eminent domain, the cost of repair may be recovered when the governing body sells or disposes of the property. In either case, the costs of repair shall be recovered from the proceeds of any such sale. G. Notwithstanding the provisions of this section, unless otherwise provided for in Title 36, if the blighted property is occupied for personal residential purposes, the governing body, in approving the plan, shall not allow for an acquisition of such property if it would result in a displacement of the person or persons living in the premises. The provisions of this subsection shall not apply to acquisitions, under an approved plan, by any locality of property which has been condemned for human habitation for more than one year. In addition, such locality exercising the powers of eminent domain in accordance with Title 25.1, may provide for temporary relocation of any person living in the blighted property provided the relocation is within the financial means of such person. H. In lieu of the acquisition of blighted property by the exercise of the powers of eminent domain as herein provided, and in lieu of the exercise of other powers granted in subsections A through F, a locality may, by ordinance, declare any blighted property as defined in § 36-49 to constitute a nuisance, and thereupon Exhibit A abate the nuisance pursuant to § 15.2-900 or § 15.2-1115. Such ordinance shall be adopted only after written notice by certified mail to the owner or owners at the last known address of such owner as shown on the current real estate tax assessment books or current real estate tax assessment records. I. The provisions of this section shall be cumulative and shall be in addition to any remedies for spot blight abatement that may be authorized by law. (1994, 2nd Sp. Sess., cc. 5, 10; 1995, cc. 702, 827; 1996, c. 847; 1997, c. 572; 1998, cc. 690, 898; 1999, cc. 39, 410, 418; 2001, c. 482; 2003, c. 940.) Exhibit B �-2)R COUNTY OF ROANOKE SPOT BLIGHT ABATEMENT PROCESS PURSUANT TO VIRGINIA CODE Section 36-49.1:1 1. The Department of Community Development receives blighted property referrals from Board members, community groups, other County agencies and citizens. 2. All referred properties are entered into a blight database. The Department of Community Development investigates, begins a file on referred property and makes a preliminary blight assessment. A property can be considered blighted if it meets the standards set forth in Virginia Code Sections 36-49 and 36-49.1:1 and if it meets any of the following criteria: 1. It has been vacant and/or boarded for at least one year. 2. It has been the subject of documented complaints. 3. It is no longer being maintained for useful occupancy 4. It is dilapidated or lacks normal maintenance and upkeep. 5. It has been the subject of nuisance abatement actions undertaken by the County. 3. The Chief Building Official in coordination with the Blight Improvement Group (Health, Fire, Police, County Planning, and County Attorney) reviews properties on the referred blight list. Upon review of the property, a preliminary blight determination is made if the property meets the criteria for the Determination of Blighted Properties. 4. If condition of property is determined to be blighted by the Blight Improvement Group (BIG), the County Administrator, or his designee, sends a certified letter to the owner of record indicating a preliminary determination of blight and giving 30 days to cure the blight. 5. The Chief Building Official follows up to assist the owner toward resolution through compliance. Upon the owner's failure to eliminate the blight or failure to submit an acceptable plan to cure the blight, the Chief Building Official and BIG prepares a blight abatement plan and requests a hearing before the Planning Commission. 6. The Planning Commission schedules the matter for public hearing. Notice of the hearing must be sent 3 weeks prior by regular and certified mail to: Exhibit B a. owner(s) b. abutting owner(s) c. civic league or association, if any for the immediate area Notice must include plan for dealing with blight (i.e., teardown, repair, etc.) Notice must also be published twice (with not less than 6 days elapsing between first and second publication). Notice shall also be posted on the property. Hearing must occur within 21 days of 2nd application. 7. The Planning Commission holds a public hearing and determines whether (1) property is blighted; (2) whether owner has failed to cure blight or develop a reasonable plan; (3) whether plan is in accordance with applicable law and (4) whether property is listed as historic. 8. The Planning Commission reports its findings to the Board of Supervisors. 9. Board of Supervisors holds advertised public hearing and affirms, modifies or rejects the Planning Commission findings. 10. If Board of Supervisors approves repair or demolition, the Department of Community Development will solicit bids and will carry out a contract to abate the blight. 11.The owner of record is billed for the cost of blight abatement including administrative costs. If the owner fails to pay for the abatement, the costs will be collected by any manner provided by law for collection of state or local taxes. A lien shall be recorded to recover the County's costs and expenses. 12. If Board of Supervisors determines that it is necessary to acquire property by eminent domain in order to cure the blight, the matter is referred to the County Attorney's Office for condemnation suit. 13.Throughout the entire process, the Department of Community Development continues to work with the owner to gain voluntary compliance to eliminate blight. 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 28, 2004 ORDINANCE 092804-6 TO CHANGE THE ZONING CLASSIFICATION OF A 6.15 -ACRE TRACT OF REAL ESTATE LOCATED AT THE NORTHERLY END OF BYRON ROAD (TAX MAP NO. 036.19-01-12.01 AND PORTION OF TAX MAP NO. 036.19-01-40) IN THE CATAWBA MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R1 LOW DENSITY TO THE ZONING CLASSIFICATION OF R3 MEDIUM DENSITY MULTI FAMILY DISTRICT WITH CONDITIONS IN ORDER TO CONSTRUCT TOWNHOUSES UPON THE APPLICATION OF PINKERTON PROPERTIES, LLC WHEREAS, the first reading of this ordinance was held on August 24, 2004, and the second reading and public hearing were held September 28, 2004; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 7, 2004; 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 6.15 acres, as described herein in order to construct townhouses, and located at the northerly end of Byron Road (Tax Map Number 036.19-01-12.01 and portion of Tax Map Number 036.19-01-40) in the Catawba Magisterial District, is hereby changed from the zoning classification of R1, Low Density District, to the zoning classification of R3, Medium Density Multi family District. 2. That this action is taken upon the application of Pinkerton Properties, LLC. 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: 1 The property will be developed in substantial conformity with the "Revised Townhouse Development August 20, 2004, Proposed 28 Townhouses Proposed Zoning R-3, 6.15 Acres", prepared by T. P. Parker & Son attached hereto. 2. Wherever possible, existing vegetation shall be preserved and incorporated into the buffering requirements. Screening and buffering in that area of the development adjoining Tax Map No. 036.19-01-12.00 shall utilize Type (A) Buffer, Option 2 with an eight (8) foot vinyl screening fence instead of the six (6) foot screening required. 4. That said real estate is more fully described as follows: PARCEL 1: BEGINNING at a point at the northwest corner of Lot 12, Block 18, Section 4, Montclair Estates (PB 10, PG 7); said point being at the northeast corner of Byron Drive; thence S. 650 00'30" W 191.02 feet to a point; thence N. 240 55' 30" E, 180.31 feet to a point; N. 71 019'24" E. 57.68 feet to a point; thence with a curved line to the right having a chord, bearing and distance of S. 66048' 03" E. 200.26 feet, a distance of 219.26 feet to a point; thence S. 24055'30" E. 7.07 feet to the point and place of BEGINNING. PARCEL 2: BEGINNING at a point at the northeast corner of Lot 1, Block 5, Montclair Forest, as said point intersects with the line of Section 4, Montclair Estates; thence with the line of Montclair Forest S. 71' 03' 00" W. 464.08 feet to a point; thence with a new division line through the property of Pinkerton Properties, LLC, (Tax Map No. 36.19-01-40) to a point; thence N. 710 03'00" E. 364.22 feet to a point; thence S. 240 55'30" E. 463.33 feet to the point and place of BEGINNING. 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. 2 On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None A COPY TESTE: Diane S. Childers Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Janet Scheid, Chief Planner William Driver, Director, Real Estate Valuation Paul Mahoney, County Attorney 3 cc: File Circuit Court Clifford R. Weckstein, Judge William Broadhurst, Judge Robert P. Doherty, Jr., Judge Jonathan M. Apgar, Judge James R. Swanson, Judge Charles N. Dorsey, 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 Vincent Lilley, Judge Julian H. Raney, Judge Jacqueline F. Ward Talevi, Judge Francis W. Burkart, III, Judge Theresa A. Childress, Clerk Gerald Holt, Sheriff Paul Mahoney, County Attorney Randy Leach, Commonwealth 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 John M. Chambliss, Jr., Assistant County Administrator Dan O'Donnell, Assistant County Administrator Diane D. Hyatt, Chief Financial Officer O. Arnold Covey, Director, Community Development Janet Scheid, Chief Planner Brent Robertson, Director, Budget Rebecca Owens, Director, Finance Betty McCrary, Director, Social Services David Davis, Court Services Elaine Carver, Director, Information Technology Anne Marie Green, Director, General Services Thomas S. Haislip, Director, Parks, Recreation & Tourism William E. Driver Director, Real Estate Valuation F. Kevin Hutchins, Treasurer Nancy Horn, Commissioner of Revenue 12 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 28, 2004 ORDINANCE 092804-7 AMENDING SECTIONS 7-71. BUILDING PERMIT FEES AND 7-72. TRADE PERMIT FEES, ESTABLISHING A NEW SECTION 7-73. MISCELLANOUS FEES, OF ARTICLE 5 OF CHAPTER 7. BUILDING REGULATIONS OF THE ROANOKE COUNTY CODE AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, as part of the HP migration project the Department of Community Development is implementing a new software system to track building permits and to calculate permit fees; and WHEREAS, Novalis Technologies, Inc. is developing an integrated land records management solution for the County; and WHEREAS, this new software system will address the problem of the under- reporting of annual construction values in the County; and WHEREAS, the new method of calculating these permit fees will be based upon building construction values as determined by the County's Real Estate Valuation Office; and WHEREAS, the first reading was held on September 14, 2004; and the second reading and public hearing was held on September 28, 2004. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Article V. Fees of Chapter 7. Building Regulations be amended to read and provide as follows: ARTICLE V. FEES Sec. 7-71. Building permit fees. Permit fees are determined by calculating a value of construction. In order to derive this valuation, the square footage of the structure is multiplied by the building construction value base rates as adjusted annually by the County Real Estate Valuation Office. 1 An estimated cost of construction is obtained from the applicant and is used to determine the permit fees for applications that do not correspond to the square footage construction value base rates as described above. This includes, but is not limited to, interior and exterior alterations, roofing and siding construction, and demolitions. There is hereby established the following schedule for fees for building and demolition permits as set out on Attachment A. Sec. 7-72. Trade permit fees. There is hereby established the following schedule for fees for trade permits (trade permits include permits for heating, electrical, mechanical, and plumbing). The following schedule for trade permits is based upon the valuation as calculated pursuant to section 7-71 as modified by a percentage factor for the use groups and the type of trade permit, as shown on Attachment B: In excess of $5,000.00 the fee shall be $75.00 plus $4.00 for each additional $1,000.00 or fraction thereof. No trade permit shall be issued for less than $30.00. Sec. 7-73. Miscellaneous fees. There is hereby established the following schedule of miscellaneous fees: Reinspection on Construction: $50.00 (applies on 3rd re -inspection of same item Certificate of Occupancy: Commercial - $25.00 Temporary — Single Family - $10.00 Temporary — Commercial - $25.00 Existing Building CO - $35.00 Elevator Periodic Inspection $35.00 Amusement Devices: Kiddie Rides - $15.00 Circular rides or flat rides that can be inspected from less than 20 feet above ground 25.00 All Other Types of Devices - $45.00 (Amusement Device Fees reduced 50% when a private inspector is used) 2. The Director of Community Development is granted the authority to implement these fees when the software package from Novalis Technologies, Inc. becomes operational. 2 On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None A COPY TESTE: Diane S. Childers Clerk to the Board of Supervisors K3