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Home My WebLink About11/16/2004 - Adopted Board RecordsACTION NO. A-111604-1 ITEM NO. E-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 16, 2004 AGENDA ITEM: Request from the Police Department to accept and appropriate a grant in the amount of $450,000 from the Department of Justice for the hiring of six additional police officers and appropriation of an additional $42,300 in local funds for the purpose of creating an additional patrol district SUBMITTED BY: James R. Lavinder Chief of Police APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: Recommend approval. This grant provides a way to add a new patrol district, which is something we have wanted to do for several years. In addition, it will help improve response times throughout the County. SUMMARY OF INFORMATION: The Roanoke County Police Department has applied for, and received, a grant in the amount of $450,000 for the purpose of hiring six additional police officers. This amount will be received over a three year period. The officers will be used to create an additional patrol district and will also be used to enhance Homeland Security. In order to accept this grant, the County will need to increase the number of police officers by six from 114 to 120. The automobile allocation should also be increased by six. Since there are no funds for vehicles, the Police Department will utilize vehicles that were on the surplus schedule. FISCAL IMPACT: The grant will provide funding for six officers on a declining basis for three years. The first year the County will receive $180,000, year two - $150,000, year three - $120,000. The cost of salary and benefits for each uniform officer is $38,100 annually. In order to fully cover salary and benefits, the Police Department will need an additional $48,600 in year one, $78,600 in year two, and $108,600 in year three. This does not include any funds for uniforms, equipment, or training. The Department will also need $6,000 per officer (or $36,000 per year) to cover daily operating expenses such as the purchase of gasoline, (gasoline alone is averaging $3,800 per officer), uniforms, vehicle maintenance, and other equipment and training. The officers will be hired the first of January 2005 so that they can attend the training academy. Therefore in the 2004-05 fiscal year, the Police Department will need half of the first year local costs outlined above. This totals $24,300 for salary and benefit match and $18,000 for operating expenses. Since the County received an unexpected $150,000 in 599 monies in the 04-05 budget, we request that the additional funds come from these monies. Future year's local costs will be included in the budget process. STAFF RECOMMENDATION: Staff recommends the following: 1. Accept and appropriate the grant funds totaling $450,000 over a three year period 2. Appropriate an additional $42,300 for a half year match for salaries and benefits and additional operating expenses. The source of these funds is an increase in the 599 budget of the same amount 3. Increase the sworn personnel count by six positions to 120 4. Increase the vehicle count of the Police Department by six to 131 VOTE: Supervisor Church motion to approve staff recommendation Motion Approved CC' File James Lavinder. Chief of Police Sgt. Tim Lisk, Police Department Grant Coordinator Rebecca Owens, Director, Finance Joe Sgroi, Director, Human Resources 2 Yes No Abs Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Flora ® ❑ ❑ CC' File James Lavinder. Chief of Police Sgt. Tim Lisk, Police Department Grant Coordinator Rebecca Owens, Director, Finance Joe Sgroi, Director, Human Resources 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 16, 2004 RESOLUTION 111604-2 ADOPTING A LEGISLATIVE PROGRAM FOR THE 2005 SESSION OF THE VIRGINIA GENERAL ASSEMBLY, AND PETITIONING THE GENERAL ASSEMBLY TO FAVORABLY CONSIDER THE TOPICS AND ISSUES ADDRESSED HEREIN WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has identified major legislative issues of state-wide concern to be considered by the 2005 session of the Virginia General Assembly; and WHEREAS, the Board adopts this resolution as its Legislative Program for the 2005 session of the Virginia General Assembly. NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke County, Virginia, that the following legislative initiatives are submitted for its legislative program for the 2005 session of the Virginia General Assembly for its favorable consideration and adoption. 1) Approve an amendment to the Roanoke County Charter as follows: Sec. 2.02 - Taxing powers. - In addition to the powers granted by other sections of the charter and general law, the county shall have the additional power to levy and collect taxes on cigarettes and tobacco products, pursuant to Section 58.1-3832 of the Code of Virginia. Senate Bill 478 (Patron: Edwards) was carried over from the 2004 session to the 2005 session. 2) Support the JLARC recommendations to address the shortfall in state funding for K-12 education and to fully fund the state Board of Education proposals. The estimated annual cost of funding both the JLARC recommendations and Board of Education proposals is $870 Million. 3) Support tax restructuring that grants localities additional revenue authority and increases local revenue diversification. 4) Support amending the State Code to allow Franklin and Montgomery counties to participate in a regional jail with Roanoke County and the City of Salem. 5) Support additional state funding for transportation, and in particular, funding for improvements to 1-81, and funding for passenger and freight rail improvements. 6) Support legislation to correct the 2004 amendments to the Personal Property Tax Relief act/SB 5005, which in its implementation will cost Roanoke County taxpayers approximately $10 million. 7) Support state funding to implement the Program Improvement Plan (PIP) for the Department of Social Services. 8) Oppose the proposal to impose a state surcharge on tipping fees for each ton of solid waste received by any municipal solid waste disposal facility, or a state surcharge on water usage. 9) Support amending Section 9.1-106 to allow Roanoke County to charge a processing fee in criminal or traffic proceedings to support a criminal justice training academy. 10) Oppose the proposal to impose a state fee or tax (the "Chesapeake Bay Flush Tax") on all sewer customers in the Commonwealth to support improvements to 2 sewage treatment facilities for the cleanup of the Chesapeake Bay. Roanoke Valley sewer customers are already paying their fair share for improvements to the regional sewage treatment facility, and the Roanoke River does not flow into the Chesapeake Bay. That the Clerk to the Board of Supervisors is directed to send a certified copy of this resolution to Senator John S. Edwards, Senator Brandon Bell, Delegate H. Morgan Griffith, Delegate Onzlee Ware, Delegate William Fralin; Mary F. Parker, Roanoke City Clerk; Members of the Roanoke City Council; Forest Jones, Clerk for Salem City Council; Members of the Salem City Council; Clerk for the Town of Vinton; Members of the Vinton Town Council and the Roanoke Valley -Alleghany Regional Commission, and the Virginia Association of Counties. On motion of Supervisor McNamara to adopt the resolution as amended to include Item #10 and with Item #6 emphasized in bold. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None A QPY TESTE: I fil a j � � - A AoAnj Diane S. Childers Clerk to the Board of Supervisors cc: File The Honorable John S. Edwards, Senator The Honorable Brandon Bell, Senator The Honorable Morgan Griffith, Delegate The Honorable Onzlee Ware, Delegate 3 The Honorable William Fralin, Delegate The Honorable Bruce F. Jamerson, Clerk of the House of Delegates The Honorable Susan Clarke Schaar, Clerk of the Senate Paul M. Mahoney, County Attorney Pete Geisen, Special Assistant for Legislative Relations Mary F. Parker, Clerk, Roanoke City Council Roanoke City Council, Members Forest Jones, Clerk for Salem City Council Salem City Council, Members Darleen Bailey, Clerk, Vinton Town Council Vinton Town Council, Members Wayne Strickland, Executive Director, Roanoke Valley -Alleghany Regional Commission James D. Campbell, Executive Director, Virginia Association of Counties I hereby certify that the foregoing is a true and correct copy of Resolution 111604-2 adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, November 16, 2004. Brenda J. Holton, Deputy Clerk Roanoke County Board of Supervisors 0 ACTION NO. A-111604-3 ITEM NO. E-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 16, 2004 AGENDA ITEM: Presentation of the results of operations for the fiscal year ended June 30, 2004 and appropriation of funds SUBMITTED BY: Rebecca E. Owens Director of Finance APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: KPMG LLP has completed their audit of the financial operations of the County of Roanoke and the County of Roanoke Schools for the year ended June 30, 2004. The County will receive a favorable opinion. The Comprehensive Annual Financial Report will be going to the printers on November 19, 2004 and will be distributed to the Board of Supervisors as soon as it is received. The Audit Committee met this afternoon to review the results of the year's operations and the management letter comments from the auditors. Results of Operations of the County of Roanoke for the Year Ended June 30, 2004: The County operations for the year ended June 30, 2004 resulted in general fund revenues $3,993,953 over budget as shown on Attachment I. The additional revenues collected were primarily from increased tax collections in the areas of real estate, sales, business license, and cellular phone tax. This is attributed to a more positive economic climate. A detailed analysis of the general fund revenues is outlined in Attachment II. Fee for Service revenues exceeded budget by $527,115. At the time the Ambulance Fee was approved, these revenues were verbally committed to Fire and Rescue and will need to be appropriated accordingly. Staff recommends appropriating $400,000 for pagers as outlined in the Capital Improvement Plan and the remaining $127,115 to capital for the radio system. This leaves a balance of $3,466,838. In recent months, the School Board and Board of Supervisors have been working on a joint funding policy to provide for a sustainable funding stream to school and county capital improvements in future years. In the near future, staff will be bringing a policy to the Board of Supervisors that designates portions of the year-end balance for major and minor capital projects. Based upon these policies and Board discussions, staff recommends the following appropriations: $2,050,000 to be added to the general fund unappropriated balance. No action is required from the Board for these funds to close to the unappropriated balance. $1,416,838 to be appropriated to the Major County Capital Fund. Departmental expenditure savings were $1,170,570 as shown on Attachment III. From this amount, the Board previously approved at the June 22, 2004 funding for the purchase of land from N. Mason in the amount of $250,000 from year end money. Also, as part of the 2004-05 Capital Improvements Plan funding for Vinton Fire and Rescue renovations were approved for $400,000. Of this amount $280,400 is to be appropriated from year end money and the remainder was part of the 2004-05 Capital budget. Based upon the policy for rollover of year end savings the departments were able to request up to 60% of the savings within their own department for special purchases and programs approved by the County Administrator. These approved department rollovers total $406,751 and are outlined in Attachment IV. This leaves a net expenditure savings of $233,419. Based upon the rollover policy this amount will be transferred to the County Capital Fund Unappropriated Balance (Minor County Capital). The General Fund Unappropriated Balance at June 30, 2004 is $11,788,285. This is an increase of $1,327,000 from last year. At June 30, 2004 the General Fund Unappropriated Balance was 8% of the 2004-2005 General Fund Revenues. Results of Operations of the Roanoke County Schools for the Year Ended June 30, 2004: Attachment V is the report that was presented to the School Board on November 10, 2004. The School Board will take final action to approve this report on December 9, 2004 meeting. The Schools ended the year with a surplus of $3,670,524. Based upon the adopted County budget ordinance, these funds will automatically be transferred to the School Capital Fund. No action is required by the County Board. 2 STAFF RECOMMENDATION: The Board has previously approved either by policy or board action the above items noted and the only actions required by the Board are to: 1. Appropriate the Fee for Service in excess of budget of $527,115 to Fire and Rescue capital of which $400,000 is for pagers and the remaining $127,115 is for radios. 2. Appropriate $280,400 for the Vinton Fire and Rescue Renovation to capital. 3. Appropriate $1,416,838 to the Major County Capital Fund. VOTE: Supervisor McNamara motion to approve staff recommendation Motion Approved cc: File Rebecca Owens, Director, Finance Diane Hyatt, Chief Financial Officer Rick Burch, Chief, Fire and Rescue 3 Yes No Abs Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Flora ® ❑ ❑ cc: File Rebecca Owens, Director, Finance Diane Hyatt, Chief Financial Officer Rick Burch, Chief, Fire and Rescue 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 16, 2004 RESOLUTION 111604-4 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 November 16, 2004, 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 9, inclusive, as follows: 1. Approval of minutes — October 13, October 26, October 27, and November 1, 2004 2. Request to accept and appropriate a grant in the amount of $255,000 from the Virginia Department of Rail and Public Transportation on behalf of Unified Human Transportation Services, Inc. (RADAR) 3. Request to accept Cezanne Court into the state secondary road system 4. Request to adopt a resolution fixing the compensation that may be received by non-employee members and non -elected officials of the boards of the Western Virginia Water Authority and the Roanoke Valley Resource Authority, and establishing an effective date 5. Request from the Police Department to accept and appropriate a grant (donation) in the amount of $8,900 from the Loyal Order of the Moose to purchase a new total mapping station 6. Request from the Police Department to accept and appropriate a grant in the amount of $6,000 from the Court Community Corrections Alcohol Safety Action Program 7. Request to approve the execution of a contract to provide Commonwealth Attorney services to the Town of Vinton for $6,000 and appropriation of funds 8. Request to approve the execution of an amendment to protective covenants, Mountain View Farm Technological Park 9. Confirmation of committee appointment to Parks and Recreation Advisory Commission (Appointed by 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. On motion of Supervisor McNamara to adopt the resolution with Item J-4 removed, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None On motion of Supervisor Wray to adopt Item J-4, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None A COPY TESTE: L'�a , s . dj&'3) Diane S. Childers Clerk to the Board of Supervisors cc: File John Chambliss, Assistant County Administrator Rebecca Owens, Director, Finance Arnold Covey, Director, Community Development James Lavinder, Chief of Police Sgt. Tim Lisk, Police Department Grant Coordinator Betty McCrary, Director, Social Services Randy Leach, Commonwealth Attorney 2 ACTION NO. A -11604-4.a ITEM NO. J-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 16, 2004 AGENDA ITEM: Request to accept and appropriate a grant in the amount of $255,000 from the Virginia Department of Rail and Public Transportation on behalf of Unified Human Transportation Services, Inc. (RADAR) 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, Inc. (RADAR), who operates the CORTRAN program for the County, has been advised by the Virginia Department of Rail and Public Transportation that their grant has been amended by $255,000 to provide additional funds for computer equipment and related software. This grant must pass through one of the local governments and Roanoke County has served as their fiscal agent in the past. This specific grant amendment provides an additional $20,400 in state dollars to match the federal grant of $204,000 and a local match of $30,600. The local match for this grant will be provided by RADAR. No Roanoke County money is involved in this grant. The Board of Supervisors is requested to accept and appropriate these monies on behalf of RADAR as we have in the past and we will pass through the money to RADAR. RADAR and the Virginia Department of Rail and Public Transportation have also agreed to allow the wire transfer of funds to be made directly to RADAR rather than being channeled through the County. This will save time and reduce the confusion in tracking these monies. RADAR will continue to be responsible for the audit and compliance requirements and will notify the County of each of the payment requests so that we may account for the monies. FISCAL IMPACT: The Board of Supervisors is requested to accept the grant and appropriate the grant in the amount of $255,000 to be passed through to RADAR. No appropriation of County money is required. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors accept the grant in the amount of $255,000 from the Virginia Department of Rail and Public Transportation on behalf of RADAR, authorize the County Administrator or his designee to sign the grant documents, and that RADAR be required to complete the audit and compliance requirements of this grant. VOTE: Supervisor McNamara motion to approve staff recommendation Motion Approved cc: File John M. Chambliss, Assistant County Administrator Rebecca Owens, Director, Finance 2 Yes No Abs Mr. McNamara ® 0 D Mr. Church ® D Mr. Wray ® 0 Mr. Altizer ® D Mr. Flora ® 0 0 cc: File John M. Chambliss, Assistant County Administrator Rebecca Owens, Director, Finance 2 THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING ON THE 16TH DAY OF NOVEMBER 2004, ADOPTED THE FOLLOWING: RESOLUTION 111604-04.b REQUESTING ACCEPTANCE OF CEZANNE COURT 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, and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999, for comprehensive stormwater detention which applies to this request for addition. NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR -5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the resident Engineer for the Virginia Department of Transportation. Moved by: Supervisor McNamara Seconded by: None Required Yeas: Supervisors, McNamara, Church, Wray, Altizer, Flora Nays: None A opy Teste: Diane S. Childers, Clerk Roanoke County Board of Supervisors cc: Arnold Covey, Director, Department of Community Development Virginia Department of Transportation File I hereby certify that the foregoing is a true and correct copy of Resolution 111604-4.b adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, November 16, 2004. Brenda J. Holton, Deputy Clerk METES AND BOUNDS DESCRIPTIONS SHOWN ON THIS PLAT REPRESENT A COMPOSITE OF DEEDS, PLATS, AND CALCULATED INFORMATION AND DO NOT REFLECT AN ACCURATE BOUNDARY SURVEY. i.0 —� 3M Ac :Ain sw Length: 0.2449 Miles No. of Homes Served: 31 TAX MAP NO.— 96.07 _ SCALE: xong� "=200' PLAT SHOWING Aceceptance of Cezanne Ct. into the Virginia Department of Transportation Secondary System PREPARED BY: ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT DATE: -10-27-04- M F- c ACTION NO. A -111604-4.c ITEM NO. J-5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 16, 2004 AGENDA ITEM: Request from the Police Department to accept and appropriate a grant (donation) in the amount of $8,900 from the Loyal Order of the Moose to purchase a new total mapping station SUBMITTED BY: APPROVED BY: James R. Lavinder Chief of Police Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Roanoke County Police Department was awarded a grant (donation) from the Loyal Order of the Moose, Vinton, VA, for $8,900. The grant will be used to purchase a new total mapping station. This device will be used to aid in the reconstruction of traffic crashes and crime scenes. FISCAL IMPACT: The Loyal Order of the Moose, Vinton, VA, has provided a grant in the amount of $8,900 with no matching funds. ALTERNATIVES: None STAFF RECOMMENDATION: The staff recommends acceptance and appropriation of the Loyal Order of the Moose grant in the amount of $8,900. VOTE: Supervisor McNamara motion to approve staff recommendation Motion Approved cc: File James Lavinder, Chief of Police Sgt. Tim Lisk, Police Department Grant Coordinator Rebecca Owens, Director, Finance 2 Yes No Abs Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Flora ® ❑ ❑ cc: File James Lavinder, Chief of Police Sgt. Tim Lisk, Police Department Grant Coordinator Rebecca Owens, Director, Finance 2 ACTION NO. A -111604-4.d ITEM NO. J-6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 16, 2004 AGENDA ITEM: Request from the Police Department to accept and appropriate a grant in the amount of $6,000 from the Court Community Corrections Alcohol Safety Action Program SUBMITTED BY: APPROVED BY: James R. Lavinder Chief of Police Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Court Community Corrections Alcohol Safety Action Program has allocated $6,000 to the Police Department to combat aggressive driving. $5,000 will be used to pay overtime salaries to officers assigned to work selective and targeted patrols. $1,000 will be used to provide training on aggressive driving and the Highway Safety Corridor to members of the criminal justice community. FISCAL IMPACT: Court Community Corrections has provided a grant in the amount of $6,000 with no matching funds required. ALTERNATIVES: None STAFF RECOMMENDATION: The staff recommends acceptance and appropriation of the Court Community Corrections grant in the amount of $6,000. VOTE: Supervisor McNamara motion to approve staff recommendation Motion Approved cc: File James Lavinder, Chief of Police Sgt. Tim Lisk, Police Department Grant Coordinator Rebecca Owens, Director, Finance Betty McCrary, Director, Social Services 2 Yes No Abs Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Flora ® ❑ ❑ cc: File James Lavinder, Chief of Police Sgt. Tim Lisk, Police Department Grant Coordinator Rebecca Owens, Director, Finance Betty McCrary, Director, Social Services 2 ACTION NO. A -111604-4.e ITEM NO. J-7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 16, 2004 AGENDA ITEM: Request to approve the execution of a contract to provide Commonwealth Attorney services to the Town of Vinton for $6,000 and appropriation of funds SUBMITTED BY: Diane D. Hyatt Chief Financial Officer APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In the past, the prosecution of criminal cases including traffic infractions, misdemeanors, and preliminary hearings of felony cases, for the Town of Vinton were heard in the Vinton municipal building. Beginning July 1, 2004, the judges of the General District Court wanted these cases heard in the Roanoke County courthouse in the City of Salem. This eliminated the need for the judges, clerks, and sheriff's deputies to travel to Vinton for these cases. In addition, by staying in the Roanoke County courthouse, the clerks had available computer access. While the cases were in Vinton, they were handled by the Town's Attorney; however with the move to the County courthouse, the travel became prohibitive for the Town Attorney. The Town of Vinton approached the County Commonwealth's Attorney, Randy Leach, about handling the Town cases through his office. An agreement was reached to provide these services to the Town for $6,000 annually. This money will be paid as a salary supplement to the four Assistant Commonwealth's Attorneys, who will be adding these cases to their existing workload. The Commonwealth's Attorney's Office has been handling the Town of Vinton cases, as well as cases in Juvenile and Domestic Relations Court and in the Court of Appeals of Virginia on petitions for writ of error, and also acting as a legal advisor on criminal issues for the Town's Police Department since July 1, 2004. Because of the need to help the Town with this change, the services were provided while the contract was being written. The attached contract outlines the arrangement. Once the contract is approved, the Town will pay the County $6,000, and the Assistant Commonwealth Attorneys will be paid retroactively for their work. This contract is for a one year period but it can be renewed annually. FISCAL IMPACT: The Town will pay the County $6,000 to provide legal services for the 2004-05 fiscal year. This money will be paid to the four Assistant Commonwealth's Attorneys as a supplement of $53.60 per pay period. The $6,000 will also cover the employer portion of the FICA tax for these employees. STAFF RECOMMENDATION: Staff recommends the following: Approve the attached contract for the County Commonwealth's Attorney Office to provide legal services to the Town of Vinton 2. Appropriate a revenue of $6,000 from the Town of Vinton, and appropriate increased expenditure of $6,000 for salary supplements and FICA for the Commonwealth's Attorney's Office 2 VOTE: Supervisor McNamara motion to approve staff recommendation Motion Approved cc: File Diane Hyatt, Chief Financial Officer Rebecca Owens, Director, Finance Randy Leach, Commonwealth Attorney Kevin Boggess, Vinton Town Manager K Yes No Abs Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Flora ® ❑ ❑ cc: File Diane Hyatt, Chief Financial Officer Rebecca Owens, Director, Finance Randy Leach, Commonwealth Attorney Kevin Boggess, Vinton Town Manager K CONTRACT FOR PROFESSIONAL LEGAL SERVICES BE IT KNOWN THAT this agreement is entered into by and between the Town of Vinton, Virginia (hereinafter sometimes referred to as "Town") and Roanoke County Commonwealth's Attorney (hereinafter sometimes referred to as "Counsel"). Counsel hereby agrees to furnish the following services: Representing the Town in the prosecution of criminal cases, including but not limited to traffic infractions, misdemeanors, civil and mental hearings, and preliminary hearings of felony cases, as well as cases in Juvenile and Domestic Relations Court, and in the Court of Appeals of Virginia on petitions for writ of error. Counsel will also act as a legal advisor on criminal issues for the local law enforcement (Town of Vinton Police Department). The scope of this contract does not include litigation or proceedings arising out of or involving tort or worker's compensation. These legal services are to be provided under the immediate supervision of the Roanoke County Commonwealth's Attorney, Edwin Randy Leach, III. In consideration of services described hereinabove, the Town hereby agrees to pay the Counsel $6,000 per annum to be used as follows: 1. Each of the four attorneys listed in. Attachment A will receive a pay supplement of $53.60 per pay period. Based on 26 pay periods per year, this amounts to an annual supplement of $1500 each (including the employer portion of FICA tax at $4.10 per pay period). 2. Any amounts remaining, due to turnover in the office, may be used by Counsel for other office expenses, related to Vinton cases. Upon execution of the contract, the Town should mail a check in the amount of $6,000 to the County of Roanoke, Attention Ms. Diane D. Hyatt, PO Box 29800, Roanoke, VA 24018. At least semi-annually, Council will provide a summary of cases handled by Council, showing a breakdown of the cases handled on behalf of the Town of Vinton. The County of Roanoke will include the pay supplement on the County payroll checks for the attorneys listed on Attachment A. Any change in attorneys will require an amendment to Attachment A, which will need to be signed by the County Chief Financial Officer, in order to insure that the payroll change is made. A copy of this amendment will by mailed to the Town of Vinton, Attention Mr. Kevin Boggess, 311 South Pollard Street, Vinton, VA 24179. This contract is for a one year period only, commencing July 1, 2004 and ending on June 30, 2005. This contract may be renegotiated on an annual basis. This contract should be renegotiated thirty days before the beginning of the new fiscal year in order to insure the continuation of the payroll supplement to the individual attorneys. All records, reports, documents and other material delivered or transmitted to Counsel by Town shall remain the property of Town, and shall be returned by Counsel to Town, at Counsel's expense, at termination or expiration of this contract. All records, reports, documents, pleadings, exhibits or other material related to this contract and/or obtained or prepared by Counsel in connection with the performance of the services contracted for herein shall become the property Town, and shall, upon request, be returned by Counsel to Town, at termination or expiration of this contract. The Town and Counsel acknowledge and agree that the Department of Justice has the right to review all records, reports, worksheets or any other material of either party related to this contract. The Town and Counsel further agree that they or either of them will furnish to the Department of Justice, upon request, copies of any and all records, reports, worksheets, bills, statements or any other material of Counsel or Town related to this contract. Counsel agrees to abide by the requirements of the following as applicable: Title VI and VII of the Civil Rights Act of 1964, as amended by the Equal Opportunity Act of 1972, Federal Executive Order 11246, the Federal Rehabilitation Act of 1973, as amended, the Vietnam Era Veteran's Readjustment Assistance Act of 1974, Title IX of the Education Amendments of 1972, the Age Act of 1975, and counsel agrees to abide by the requirements of the Americans with Disabilities Act of 1990. Counsel agrees not to discriminate in its employment practices, and will render services under this contract without regard to race, color, religion, sex, national origin, veteran status, political affiliation, or disabilities. IN WITNESS WHEREOF, the parties have executed this Agreement as of this day of TOWN SIG -NATURE: COUNSEL SIGNATURE: ROANOKE COUNTY SIGNATURE: Title: Title: Title: ACTION NO. A -111604-4.f ITEM NO. J-8 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 16, 2004 AGENDA ITEM: Request to approve the execution of an amendment to protective covenants, Mountain View Farm Technological Park SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County recently acquired 4.83 acres of real estate (Tax Map No. 28.13-1-27.5) located on Hollins Road for park purposes from Norman D. Mason. This parcel was originally part of a larger tract developed by the County and known as the Mountain View Farm Technological Park. The property was rezoned in 1983 to 11 with protective covenants. The County is in the process of rezoning this property from 11 to R1 and this board report requests approval to execute a modification of the protective covenants on the 4.83 acres. Pursuant to the protective covenants, Roanoke County has secured the approval of Cardigan, LLC and DePaul Family Services, Inc. as required by the termination and modification provisions. Attached as Exhibit A you will find the amendment to protective covenants. STAFF RECOMMENDATION: Staff recommends that the Board approve the execution of the amendment to protective covenants and authorize the County Administrator, or Assistant County Administrator, to execute said document. VOTE: Supervisor McNamara motion to approve staff recommendation Motion Approved cc: File Paul Mahoney, County Attorney Arnold Covey, Director, Community Development Janet Scheid, Chief Planner 2 Yes No Abs Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Flora ® ❑ ❑ cc: File Paul Mahoney, County Attorney Arnold Covey, Director, Community Development Janet Scheid, Chief Planner 2 Tax Map No. 28.13-1-27.5 Attachment A AMENDMENT TO PROTECTIVE COVENANTS MOUNTAIN VIEW FARM TECHNOLOGICAL PARK This Amendment to the Protective Covenants of the Mountain View Technological Park, made effective as of this day of , 2004, by the Roanoke County Board of Supervisors; Cardigan, LLC; and DePaul Family Services, Inc., hereinafter referred to as the Owners. WHEREAS, the Owners are all of the owners of that certain property made subject to certain Protective Covenants dated May 24, 1983, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1199, page 1417, and the Amendment to Protective Covenants dated January 12, 1988, and recorded in said Clerk's Office in Deed Book 1281, page 699; and, WHEREAS, the Roanoke County Board of Supervisors has recently acquired that certain parcel of land, consisting of 4.83 acres, and described as New Tract B -1A-2, located on Hollins Road and shown on plat of record in Plat Book Plat Book 23, page 19, for future use as public property, i.e. park and recreational uses, by deed dated and recorded in the aforesaid Clerk's Office as Instrument # , and has requested that said parcel be released from the above -referenced Protective Covenants.- and, ovenants;and, WHEREAS, the Owners have agreed to such release and hereby enter into this Amendment to accomplish said release pursuant to the termination and modification provisions of Section 7.02 of the Protective Covenants, recorded as aforesaid in Deed Book 1199, page 1417. NOW, THEREFORE, pursuant to the provisions of Section 7.02 of the Protective Covenants dated May 24, 1983, and recorded in the aforesaid Clerk's Office in Deed Book 1199, page 1417, the Owners agree that the following parcel of real estate, located in the County of Roanoke, Virginia, is hereby released from the force and effect of the Protective Covenants and the Amendment to Protective Covenants described above, to -wit: All that certain lot or parcel of land, together with any improvements thereon, rights incident thereto and appurtenances thereunto belonging, situate in the County of Roanoke, Virginia, being designated and described as Anew tract B -1A-2 - 4.83 acres@ upon the 'Plat Showing the Resubdivision of Property 1 Attachment A of Norman D. Mason Creating Hereon New Lots New Tract "B -1A-1" (2.33 acres), New Tract "B -1A-2" (4.83 acres), Being Original Tract "B -1A" (P.B. 17 PG. 5) Situated Along Hollins Road (Route #604)' dated March 1, 2000, prepared by Lumsden Associates, P.C., and recorded in the Clerk's Office of the Circuit Court of the County of Roanoke, Virginia, in Plat Book 23, page 19, said plat being by reference incorporated herein. Said parcel of land is identified upon the Roanoke County Land Records as Tax Map #28.13-1-27.5. Except as modified by this Amendment, all of the terms and provision of said Protective Covenants and Amendment to Protective Covenants are hereby expressly ratified and confirmed and shall remain in full force and effect. This Agreement may be executed in one (1) or more counterparts, all of which taken together shall constitute one (1) instrument and constitutes the entire agreement between the parties as to the subject matter herein described. This Amendment is executed by a duly authorized administrator of Roanoke County, Virginia, on behalf of the Board of Supervisors of Roanoke County, Virginia, pursuant to Action # adopted by said Board on the day of 2004. WITNESS the following signatures and seals: ROANOKE COUNTY BOARD OF SUPERVISORS Elsner C. Hodge, County Administrator Approved as to form: Paul M. Mahoney County Attorney 2 State of CARDIGAN, LLC Los of , to -wit: Attachment A b, The foregoing instrument was acknowledged this day of 2004, by its on behalf of Cardigan, LLC. Notary Public 3 State of Attachment A DePAUL FAMILY SERVICES, INC. 10 of , to -wit: The foregoing instrument was acknowledged this day of 2004, by its on behalf of DePaul Family Services, Inc. Notary Public 19 ACTION NO. A -111604-4.q ITEM NO. J-9 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 16, 2004 AGENDA ITEM: Confirmation of committee appointment to the Parks and Recreation Advisory Commission (Appointed by District) SUBMITTED BY: Diane S. Childers Clerk to the Board APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Parks and Recreation Advisory Commission (Appointed by District) Supervisor Altizer nominated Tim Guilliams, Vinton Magisterial District, to serve a three- year term which will expire on June 30, 2007. He requested that confirmation of this appointment be placed on the consent agenda at today's meeting. STAFF RECOMMENDATION: It is recommended that the above appointments be confirmed. VOTE: Supervisor McNamara motion to approve staff recommendation Motion Approved cc: File Parks and Recreation Advisory Commission File Yes No Abs Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Flora ® ❑ ❑ cc: File Parks and Recreation Advisory Commission File AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, NOVEMBER 16, 2004 RESOLUTION 111604-5 FIXING THE COMPENSATION THAT MAY BE RECEIVED BY NON-EMPLOYEE MEMBERS AND NON -ELECTED OFFICIALS OF THE BOARDS OF THE WESTERN VIRGINIA WATER AUTHORITY AND THE ROANOKE VALLEY RESOURCE AUTHORITY; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, pursuant to the provisions of §15.2-5113.C, Code of Virginia, the governing bodies who appoint members of the boards of the Western Virginia Water Authority and the Roanoke Valley Resource Authority are authorized to fix by resolution compensation for the members of such boards; and WHEREAS, Council and the Roanoke County Board of Supervisors desire to fix the compensation for the board members of the Western Virginia Water Authority and the Roanoke Valley Resource Authority, but to limit such compensation to members who are not employees or elected officials of such jurisdictions. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County as follows: 1. A monthly sum of $250 is hereby fixed as the amount of compensation that may be received by members of the boards of the Western Virginia Water Authority and the Roanoke Valley Resource Authority, provided that such members are not employees or elected officials of the City of Roanoke or the County of Roanoke. 2. This resolution shall be in full force and effect on and after January 1, 2005. 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 A C PY TESTE: Diane S. Childers Clerk to the Board of Supervisors cc: File Bruce Grant, Director, Finance & Administration, Western Virginia Water Authority John Hubbard, Chief Executive Officer, Roanoke Valley Resource Authority Rebecca Owens, Director, Finance Mary F. Parker, Clerk, Roanoke City Council Darleen Bailey, Clerk, Vinton Town Council 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 16, 2004 RESOLUTION 111604-6 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 Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None A C PY TESTE: Diane S. Childers Clerk to the Board of Supervisors cc: File Closed Meeting File ACTION NO. A-111604-7 ITEM NO. R-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 16, 2004 AGENDA ITEM: Request to authorize the execution of a memorandum of agreement among the Federal Highway Administration, the Virginia State Historic Preservation Officer, the Virginia Department of Transportation, and the National Park Service regarding the Interstate 73 Corridor - Franklin, Henry, and Roanoke Counties and City of Roanoke, Virginia SUBMITTED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Virginia Department of Transportation (VDOT) has invited Roanoke County to participate in attempts to mitigate potential adverse effects of the proposed Interstate 73 crossing of the Blue Ridge Parkway through the implementation of a memorandum of agreement (MOA). VDOT and the Federal Highway Administration intend to mitigate the adverse effect to the Blue Ridge Parkway through consultation with a variety of parties to insure that the design and aesthetic treatment of the proposed Interstate 73 crossing are compatible with the historic character of the Blue Ridge Parkway. The MOA provides the various parties an opportunity to participate in the design process by consulting with the signatories during the project scoping conducted prior to initiation of preliminary of design and by providing the signatories an opportunity to review and comment on preliminary and detailed design plans. The signatories will also have an opportunity to review and comment on the compatibility of the final plans for the Interstate 73 crossing of the Blue Ridge Parkway with the historic character of the Blue Ridge Parkway. Each signatory shall have 30 calendar days to respond to VDOT on the plans. Failure to respond within this time period may result in VDOT assuming that signatory's concurrence. FISCAL IMPACT: Fiscal impact will involve the cost of staff time in reviewing the preliminary and detailed design plans within the limited period of time available. ALTERNATIVES: 1. Authorize the County Administrator to execute the MOA on behalf of the County. 2. Refuse to authorize execution of the MOA and decline the opportunity to consult, review, and comment on the preliminary and detailed design plans. STAFF RECOMMENDATION: It is recommended that the Board authorize the County Administrator to execute the memorandum of agreement on behalf of Roanoke County. VOTE: Supervisor McNamara motion to approve staff recommendation Motion Approved cc: File Bruce Penner, VDOT Regional Program Manager, Cultural Resources - Salem/Staunton District Arnold Covey, Director, Community Development Janet Scheid, Chief Planner Paul Mahoney, County Attorney K Yes No Abs Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Flora ® ❑ ❑ cc: File Bruce Penner, VDOT Regional Program Manager, Cultural Resources - Salem/Staunton District Arnold Covey, Director, Community Development Janet Scheid, Chief Planner Paul Mahoney, County Attorney K AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 16, 2004 RESOLUTION 111604-8 AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE ONE OR MORE OPTION AGREEMENTS FOR REAL ESTATE FOR THE PROPOSED REGIONAL JAIL FACILITY WHEREAS, for the past year the County has been working with the City of Salem, Franklin County, and Montgomery County to create a Regional Jail Authority to alleviate jail over -crowding in these localities; and WHEREAS, representatives of each of these localities have undertaken certain actions with respect to this initiative; and WHEREAS, time is of the essence with respect to any real estate transaction since the Code of Virginia imposes strict statutory deadlines with respect to regional jail funding approvals. NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke County, as follows: 1. That the County Administrator is hereby authorized to negotiate and secure options, if necessary, on up to five potential sites for the location of a Regional Jail facility. 2. That these options shall be submitted to the Board for its consideration and review within the next 30 days. On substitute motion of Supervisor Church to adopt the resolution with the condition that the districts of the proposed sites be publicly identified before contacting the property owners, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None A C PY TESTE: 'holoA. olgxj— Diane S. Childers Clerk to the Board of Supervisors cc: File John Chambliss, Assistant County Administrator 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, TUESDAY, NOVEMBER 16, 2004 ORDINANCE 111604-9 TO CHANGE THE ZONING CLASSIFICATION OF A 4.83 -ACRE TRACT OF REAL ESTATE LOCATED IN THE 5600 BLOCK OF HOLLINS ROAD (TAX MAP NO. 28.13-1-27.05) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF 11C TO THE ZONING CLASSIFICATION OF R1 UPON THE APPLICATION OF THE ROANOKE COUNTY BOARD OF SUPERVISORS WHEREAS, the first reading of this ordinance was held on October 26, 2004, and the second reading and public hearing were held November 16, 2004; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on November 2, 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 4.83 acres, as described herein, and located in the 5600 block of Hollins Road (Tax Map Number 28.13-1-27.05) in the Hollins Magisterial District, is hereby changed from the zoning classification of 11 C, Industrial District with conditions, to the zoning classification of R1, Low Density Residential District. 2. That this action is taken upon the application of the Roanoke County Board of Supervisors. 3. That said real estate is more fully described as follows: All that certain lot or parcel of land, together with any improvements thereon, rights incident thereto and appurtenances thereunto belonging, situate in the County of Roanoke, Virginia, being designated as "New Tract B -1A-2 — 4.83 ACRES" upon the `Plat Showing the Resubdivision of Property of Norman D. Mason Creating Hereon New Lots, New Tract "B -1A-1" (2.33 ACRES), New Tract "B -1A-2" (4.83 ACRES), Being Original Tract "B -1A" (P.B. 17, PG. 5) Situated Along Hollins Road (Route #604)' dated March 1, 2000, prepared by Lumsden Associates, P.C., and recorded in the Clerk's Office of the Circuit Court of the County of Roanoke, Virginia, in Plat Book 23, page 19, said plat being by reference incorporated herein. Said parcel of land is more particularly described as follows: Beginning at a point on the west side of Hollins Road (VA Secondary Route 601) designated as Corner 5A on the above -referenced plat, said corner being a common corner to the property of DePaul Family Services, Inc., referenced as Tract B -1A-1 on the plat, as recorded in the aforesaid Clerk's Office in Deed Book 1460, Page 1292, and to the property of the Board of Supervisors of Roanoke County, Virginia, referenced as Tract B-1 A-2, as recorded in the aforesaid Clerk's Office as Instrument #200415966, thence N 680 41' 45" W with the division line between Tract B-1 A-1 and Tract B-1 A-2 a distance of 624.09 feet to Corner 2A as shown o the above -referenced plat; thence turning and running N 21' 16'30" E a distance of 313.26 feet to Corner 3 at an existing iron pin; thence turning and running S 73° 04' 25" E a distance of 599.09 feet to Point 4; thence with a curve, an arc distance of 41.18 feet with a radius of 25.00 feet and on a chord of S 250 53'05" E 36.68 feet to Point 5 at an existing iron pin; thence running parallel with Hollins Road S 21' 18' 15" W 334.06' to Corner 5A, the Point of Beginning of the said Tract B -1A-2 containing 4.83 acres. Said parcel of land is identified upon the Roanoke County Land Records as Tax Map #28.13-1-27.05 This being all of the same real estate conveyed to the Board of Supervisors of Roanoke County, Virginia, by deed dated August 26, 2004, from Norman D. Mason, and recorded in the aforesaid Clerk's Office as Instrument #200415966. 4. 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 Flora 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 N Applicants Name: Roanoke County Board of Supervisors Roanoke Count Existing Zoning: 11 C Y Proposed Zoning: R9 Department of Tax Map Number: 28.13-1-27.05 Community Development Magisterial District: Hollins Area: 4.8 Acres September 24, 2004 No Scale AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, NOVEMBER 16, 2004 ORDINANCE 111604-10 TO CHANGE THE ZONING CLASSIFICATION OF A 9.78 -ACRE TRACT OF REAL ESTATE LOCATED AT 7704-7706 FRIENDSHIP LANE (TAX MAP NOS. 18.18-3-4, 18.18-3-5) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R1 TO THE ZONING CLASSIFICATION OF 11 WITH CONDITIONS UPON THE APPLICATION OF NEW CENTURY DEVELOPMENT CO., LLC WHEREAS, the first reading of this ordinance was held on October 26, 2004, and the second reading and public hearing were held November 16, 2004; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on November 2, 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 fol lows: 1. That the zoning classification of a certain tract of real estate containing 9.78 acres, as described herein, and located at 7704-7706 Friendship Lane (Tax Map Numbers 18.18-3-4, 18.18-3-5) in the Hollins Magisterial District, is hereby changed from the zoning classification of R1, Low Density Residential District, to the zoning classification of 11, Industrial District with conditions. 2. That this action is taken upon the application of New Century Development Co., 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) Owner/developer shall prepare the site in full accord with Virginia Department of Environmental Quality regulations pertaining to wetlands and Roanoke County storm water management requirements. (2) The property shall be accessed from Friendship Lane by a street built to Virginia Department of Transportation standards directly opposite the center line of existing Garland Circle as depicted on rezoning exhibit by Lumsden Associates, PC, dated September 22, 2004. 4. That said real estate is more fully described as follows: Beginning at Corner #1, said point located on the northerly right-of-way Friendship Lane, VA Secondary Route 1895, said point also being the southwesterly corner of property of Danny R. Myers, Roanoke County Tax #18.18-3-3.01; thence leaving Myers and with Friendship Lane for the following 7 courses: S 46° 38' 49" W 38.62 feet to Corner #2; thence S 490 03'22" W 57.08 feet to Corner #3; thence S 550 05' 00" W 48.96 feet to Corner #4; thence S 580 50' 37" W 100.72 feet to Corner #5; thence S 61 ° 00'21" W 148.77 feet to Corner #6; thence N 330 00' 00" W 14.93 feet to Corner #7; thence S 61 ° 40' 00" W 106.00 feet to Corner #8; said point being the southeasterly corner of property of David L. Myers, Roanoke County Tax #18.18-3- 5.01; thence leaving Friendship Lane and with Myers for the following 2 courses: thence N 330 00'00" W 206.10 feet to Corner #9; thence S 610 40'00" W 106.00 feet to Corner #10; said point being the southeasterly corner of property of Tracy L. and Julian C. Starr, Jr., Roanoke County Tax #18.18-3-7; thence leaving Myers and with Starr for the following 2 courses: thence N 330 00'00" W 107.85 feet to Corner #11; thence S 610 40' 00" W 208.08 feet to Corner #12; said point located on the easterly boundary line of Rebecca K. White, Roanoke County Tax #18.18-3-8.01; thence leaving Starr and with White N 330 00' 00" W 138.57 feet to Corner #13, said point being the southeasterly corner of Jearldean and George W. Wilkerson property; thence leaving White and with Wilkerson, N 260 10'00" W 309.07 feet to Corner #14, said point being the northeasterly corner of propertry of Jeraldean and George W. Wilkerson , Roanoke County Tax #18.18-3-10, said point also located on the southerly right-of-way of Interstate 81; thence leaving Wilkerson and with I- 81 for the following 4 courses: thence S 890 10' 59" E 7.80 feet to Corner #15; thence N 83° 04' 09" E 169.90 feet to Corner #16; thence N 630 58' 58" E 301.98 feet to Corner #17; thence N 74 ° 06' 36" E 214.98 feet to Corner #18, said point being the northwesterly corner of property of Donna S. & Robert W. Paxton, Roanoke County Tax #18.18-3-3.02; thence leaving 1-81 and with Paxton for the following 3 courses: thence S 250 25'08" W 8.90 feet to Corner #19; thence S 000 26' 08" W 111.60 feet to Corner #20; thence S 200 03' 52" E passing the 2 southwesterly corner of Paxton at approximately 75 feet, in all 305.20 feet to Corner #21, said point being the southwesterly corner of Phyllis W. and Henry C. Boitnott, being Roanoke County Tax #18.18-3-3; thence continuing with Boitnott, N 60° 47' 52" E 239.38 feet to Corner #22, said point being located on the northerly boundary of property of Danny R. Myers; thence leaving Boitnott and with Myers S 290 07' 52" E 251.84 feet to Corner #1, the place of Beginning and containing 9.78 acres, as more particularly shown on rezoning exhibit prepared by Lumsden Associates, PC, dated September 22, 2004. 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 Flora 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 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 16, 2004 RESOLUTION 111604-11 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 McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None A C PY TESTE: Diane S. Childers Clerk to the Board of Supervisors M. File Closed Meeting File