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HomeMy WebLinkAbout2/22/2005 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 22, 2005 RESOLUTION 022205-1 SUPPORTING THE DESIGNATION OF THE BLUE RIDGE PARKWAY AS AN ALL AMERICAN ROAD WHEREAS, the designation of the Blue Ridge Parkway as an All American Road by the Federal Highway Administration would enhance the importance of this scenic highway, both nationally and internationally; and WHEREAS, the Blue Ridge Parkway represents a cultural, natural resource and tourism attraction for the Roanoke Valley; and WHEREAS, the Parkway has been in existence for over 60 years and over this period of time its significance as a natural resource has grown; and WHEREAS, the County of Roanoke, in recognition of the importance of the Parkway to our community, has been involved in protecting the viewsheds of the Blue Ridge Parkway for future generations. NOW, THEREFORE BE IT RESOLVED, by the Roanoke County Board of Supervisors that we support the Blue Ridge Parkway's nomination to the Federal Highway Administration as an All American Road and direct the Clerk to the Board to forward copies of this resolution to the All American Road Selection Committee. On motion of Supervisor Wray to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None A OPY TESTE: A, Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File Janet Scheid, Chief Planner All American Road Selection Committee ACTION NO. A-022205-2 ITEM NO. E-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 22, 2005 AGENDA ITEM: Request to approve projects for fiscal year 2004-2005 Virginia Department of Transportation (VDOT) supplemental revenue sharing program SUBMITTED BY: Arnold Covey Director of Community Development APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Virginia Department of Transportation (VDOT) annually provides localities the opportunity to request additional funds from the unused allocations of the County Primary and Secondary Fund (Revenue Sharing Program). This program allows localities to receive state matching funds for the construction, maintenance, and improvement to primary and secondary roads in the state's highway system. Roanoke County is one of twenty-six counties eligible this year to receive these funds, which total over $1,000,000. VDOT has limited the request of each locality to $100,000 each. The Supplemental Revenue Sharing Program for FY 2004-2005 contains 5 projects totaling $200,000 of State and County matching allocations. Receiving no requests to modify or change the priority list, staff is requesting the Board to approve the priority list for the FY 2004-2005 Supplemental Revenue Sharing Program. FISCAL IMPACT: A portion of the County's matching funds ($50,000) is shown in the Department of Community Development operating budget for FY 2004-2005. The remaining allocation ($50,000) will need to be approved and appropriated from County Minor Capital. ALTERNATIVES: Approve the project list and authorize the County Administrator to sign the Letter of Intent and appropriate $50,000 from County Minor Capital. 2. Decline to participate in the Supplemental Revenue Sharing Program for fiscal year 2004-2005. STAFF RECOMMENDATION: Staff recommends alternative 1. VOTE: Supervisor McNamara motion to approve staff recommendation Motion Approved M. File Arnold Covey, Director, Community Development Janet Scheid, Chief Planner Rebecca Owens, Director, Finance I hereby certify that the foregoing is a true and correct copy of Action 022205-2 adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, February 22, 2005. Brenda J. Holton, Deputy Clerk 2 Yes No Abs Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Altizer ® ❑ ❑ M. File Arnold Covey, Director, Community Development Janet Scheid, Chief Planner Rebecca Owens, Director, Finance I hereby certify that the foregoing is a true and correct copy of Action 022205-2 adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, February 22, 2005. Brenda J. Holton, Deputy Clerk 2 XI w Q c7 C a' a O °�''m � 00 a O U av r6 -C O @ N C 19 U m C U U.i 0 O N _ 6 C C 07 N O O� C C N N] 'O vV,o !° ro is ro _a �v i . 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M D `c° v c L°° c o C O N r0 C N O .N rD ~ cn C N r0 hLnroom n w � CT m A � L to oU CL c 'd x � a� a rovE O v= ro co � B �+ C @ i!1 ra U c Oq Ct \ � � z Z Z z z W q Q o rn C) co d U O C>M 'U' OJ �0 6-0 IN C31 N) LC'ILL '� O Z) j ~ �- E O m •--i — > 'U' ro r9 +J C c .mss+ C E B ro � E ro vo m 3a c ate" L �w O c LL o z3 'i z a 0 0 4 p Oq Q Co Q M N o z o z Cl i� i ata r C> C7 C> C> CD 0 O Ln M O O N ,may .Ln•� H4 W [. aao C 0 0 0 0 0.N �Q ��j`1 N -I .N -r M O tsi �wLn W N �� o o .-r �r-j a c4 Q C >. 00 cern LA CT) W LnQ W N M ^Y Q l0 5 U m U J LL Q r+ Q LL XI AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 22, 2005 ORDINANCE 022205-3 TO ACCEPT THE CONVEYANCE OF APPROXIMATELY 9 ACRES OF REAL ESTATE LOCATED ON COVE ROAD FROM THE ROANOKE COUNTY SCHOOL BOARD TO THE BOARD OF SUPERVISORS FOR USE AS THE SITE FOR THE NEW PUBLIC SAFETY BUILDING WHEREAS, the Board of Supervisors and the Roanoke County School Board entered into a Memorandum of Understanding in July of 2004 providing for the conveyance of up to ten acres of real estate from the School Board to the Board of Supervisors providing for a site for the new Roanoke County Public Safety Building; and WHEREAS, a plat has been prepared by Hurt & Proffitt creating "Parcel 1" containing 9.756 acres, which parcel is composed of an approximate 9 acre parcel of real estate (portion of Tax Map No. 36.16-1-11) owned by the County School Board and an approximate .8 acre parcel of real estate owned by the Board of Supervisors (Tax Map No. 36.16-1-11.1); and WHEREAS, at their meeting on February 9, 2005, the County School Board declared the above-mentioned 9 acre parcel of real estate to be surplus property, thus allowing the Board of Supervisors to obtain ownership of the property upon approval of this ordinance and recordation of a deed; and WHEREAS, on June 8, 2004, the Board adopted Ordinance No, 060804-4 which authorized entering into a lease of certain real estate on Peters Creek Road with the Virginia Resources Authority for the purpose of securing financing for the construction of a new Public Safety Center, and to subsequently transfer this lease to the real estate located on Cove Road; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance will be held on February 8, 2005, and the second reading will be held on February 22, 2005. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the acquisition from the County School Board of Roanoke County of an approximate 9 acre parcel of real estate to be added and combined with an approximate.8 acre parcel of real estate to form "Parcel 1" as shown on a preliminary plat entitled "Plat Showing Division of the Property of the Board of Supervisors of Roanoke County, Virginia, and the County School Board of Roanoke County, Virginia, Catawba Magisterial District" prepared by Hurt & Proffitt and dated January 19, 2005, is hereby authorized and approved. 2. That the County Administrator or Assistant County Administrator are hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this real estate and to amend the financing documents with the Virginia Resources Authority, all of which shall be approved as to form by the County Attorney. On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: FA AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None A COPY TESTE:� l /-1 0 � /ll Z/1 A Diane S. 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MSW�3J�A d pfS lh3 h�b �sJ�yb,. �S�r J� �jk5 e .tom OJ 3Jy up a 0 in w w oa / � 3 / 0 Dj �a 3: t}m a�tO =g ijan m~ mm o E z_ a9.n w w U am 0 NN I W z I � b 4J _ a z_ � NN I W z h h ^ O ¢ z a u�5T3a c � o a 4 0 r ; OR�JE PONQ�R �5P 19 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 22, 2005 ORDINANCE 022205-4 AMENDING AND RE-ENACTING SEC. 19-4, SOLICITING PROHIBITED DURING CERTAIN HOURS AND AT CERTAIN LOCATIONS AND ENACTING A NEW SECTION 19-28, PERMIT FOR STREET SOLICITATION OF ARTICLE 11, CHAPTER 19, SOLICITORS AND SOLICITATIONS OF THE ROANOKE COUNTY CODE TO AUTHORIZE A PROCEDURE FOR PERMITS FOR STREET SOLICITATION BY QUALIFIED CHARITABLE ORGANIZATIONS WHEREAS, Section 19-4(b) of the Roanoke County Code currently makes it unlawful for any individual or representative of a charitable organization to engage in solicitation, as defined by the County Code, from any occupant of a motor vehicle on a public road; and WHEREAS certain reputable charitable organizations have requested an amendment to the Roanoke County Code to permit solicitation at intersections and other locations on public roads for limited periods of time after filing an application, paying a fee and providing the County with evidence of adequate insurance coverage and legal proof of their charitable status; and, WHEREAS, the first reading of this ordinance was held on December 7, 2004, and the second reading was held on February 22, 2004. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia as follows: 1. That Section 19-4. Soliciting prohibited during certain hours and at certain locations, of Article I., IN GENERAL, of Chapter 19, SOLICITORS AND SOLICITATIONS, of the Roanoke County Code be amended and re-enacted as follows: Sec. 19-4. Soliciting prohibited during certain hours and at certain locations. 1. It shall be unlawful for any person to engage in solicitation in the County at any time prior to 9:00 a.m. or after 9:00 p.m. 2. It shall be unlawful for any person to engage in solicitation from any operator or passenger of a motor vehicle that is in traffic on a public road without a permit for charitable solicitation from the County as outlined in Article ll, Sec. 19-21 to 19- 28, Roanoke County Code. A public road shall include the areas of the median and the public right-of-way along the curbside. 3. That Section 19-28. Permit for Street Solicitation, of Article ll, Permit for Charitable Solicitations, of Chapter 19, SOLICITORS AND SOLICITATIONS, of the Roanoke County Code be enacted as follows: Sec. 19-28. Permit for Street Solicitation. The prohibition on soliciting from a vehicle on a public road set forth in Section 19-4(b), above, does not apply to a charitable organization, and its authorized solicitors, which has applied for and been issued a permit under this section and which is in compliance with all other provisions of this Chapter. In order to solicit contributions while standing in a public road, a charitable organization must comply with the following requirements: 1. Not less that thirty (30) days prior to the date desired for beginning solicitation, the charitable organization shall submit a complete application to the Clerk of the Board of Supervisors for a charitable solicitation permit. In addition to the information required by Sec. 19-22, the form shall require the charitable organization to K provide its full name, the name, address and phone number of a local point of contact for the organization, the desired date(s), time(s) and specific location(s) for soliciting which shall be limited to not more than six (6) intersections with a traffic control signal light, the name, mailing address and phone number of each individual who will be engaged in solicitation activities on behalf of such charitable organization. Further the charitable organization shall provide an agreement or document whereby such organization shall indemnify the County, its officers, employees and agents, and hold the County, its officers, employees and agents, harmless from any and all claims, suits, demands, damages and attorney fees arising out of or related to the acts or omissions of individuals or entities soliciting for such organization. The charitable organization shall have an ongoing obligation to update or correct any information submitted in its application for a solicitation permit so as to maintain all information in the County's possession as accurate. The County may require such additional or supplemental information as may be reasonably necessary to facilitate the direct enforcement of this section and the purposes of this Chapter. 2. When submitting a completed application to the County, the charitable organization shall also submit the following: (a) Written proof of general commercial liability and property damage insurance coverage issued by a company authorized to conduct business in the Commonwealth of Virginia in the amount of not less than $1,000,000 per occurrence that insures the organization and all individuals and entities who may be soliciting on its behalf. The proof of insurance shall include the Board of Supervisors of Roanoke County, Virginia, as an 3 additional insured and must specify that the insurance is primary over any insurance which the County may carry or any provisions for self insurance by the County. (b) An application permit fee in the amount of $10.00 shall be payable at the time the application is submitted. This fee shall be used to defray the County's cost of processing the application and for insuring compliance with the conditions of any permit issued through monitoring of the public roads. An applicant will be notified in writing of the approval or denial of their request within fifteen (15) days after the County's receipt of a completed application. Within the County's discretion, a portion of this fee may be refunded in the event a permit is denied. (c) Written proof that the applicant organization is a charitable organization which has obtained qualification from the Internal Revenue Service as a Section 501 c(3) entity under the Internal Revenue Code. (d) A safety plan which shall describe the measures which the organization will implement during any solicitation period to insure the safety of those participating in its solicitation activities and of drivers and occupants of motor vehicles at intersections where solicitations are permitted. (e) A copy of a permit issued by the Virginia Department of Transportation (VDOT) for use or occupancy of the public right-of- way at intersections at which solicitations will be conducted during the term of the County's permit. 3. Additional solicitation activity restrictions shall include the following: (a) No more than one permit may be issued to an organization during each calendar year. Permits shall be valid for a period of ninety (90) days from the date of their issuance; (b) Solicitation upon a public road in the County pursuant to a permit shall be authorized for no more than four (4) consecutive calendar days, and shall be limited to the period from 9:00 a.m. until one half hour prior to sunset, at the approved location(s) specified in the application and permit;. (c) Each individual solicitor shall have in his or her possession some form of official identification with a photograph, such as a driver's license and shall wear a high -visibility, reflective safety vest over their clothing at all times; (d) A copy of the organization's solicitation permit shall be maintained at each approved solicitation location; (e) All solicitors must be at least eighteen (18) years of age or older; and, (f) No solicitor may impede traffic at any time; touching a vehicle or reaching inside a vehicle without the consent of the occupants of the vehicle shall be considered as impeding traffic; 4. Additional conditions for consideration of and issuance of permits: (a) In additional to the provisions of Sec. 19-24, an application for a solicitation permit under this section may be denied or revoked, in whole or in part, for the following reasons: 5 (i) A solicitation permit has been issued to a charitable organization, and is currently in force, for one or more of the intersections at which the applicant seeks permission to solicit; (ii) In the opinion of the Chief of Police or his designee, approval of the solicitation permit at one or more of the requested intersections is determined to create a reasonable potential for injury to solicitors, other pedestrians or vehicle occupants or an unreasonable potential for disruption to normal traffic flow; (iii) The applicant has made a false or materially misleading statement on the application form or in any response to information requested on behalf of the County; and (iv) A material violation of the solicitation permit granted under this Section or any action by the organization or any individual solicitor acting in its behalf which creates a clear and immediate danger to public safety. (b) Issuance of any permit under this section shall not represent an endorsement by the County of any charitable organization that the permittee may represent nor any indication of supervision of or control over the proceeds raised by the organization's charitable solicitations. 5. That this ordinance shall be in full force and effect on and after March 1, 2005. fFGm and after its adGp#Gn. This ordinance shall be effective until February 28, 2006. A On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Flora, Altizer NAYS: Supervisors Church, Wray A COPY TESTE: & j 6 , �, 4A /) ) Diane S. Childers, CMC Clerk to the Board of Supervisors 7 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 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 0 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 22, 2005 RESOLUTION 022205-5 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 February 22, 2005, 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 5, inclusive, as follows: 1. Approval of minutes — January 25, 2005 2. Confirmation of committee appointment to the League of Older Americans Advisory Council 3. Request to accept Integrity Drive into the Virginia Department of Transportation Secondary System 4. Request to accept donation of a drainage easement on the property of Knights of Columbus, Windsor Hills Magisterial District 5. Request to accept donation of a deed of easement on property owned by Larry W. McCarty and Patricia L. McCarty, Vinton Magisterial District 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES NAYS Ice] Supervisors McNamara, Church, Wray, Flora, Altizer None A C PY TESTE: Diane S. Childers, CMC Clerk to the Board of Supervisors File Arnold Covey, Director, Community Development Janet Scheid, Chief Planner Paul Mahoney, County Attorney 2 ACTION NO. A -022205-5.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: February 22, 2005 AGENDA ITEM: Confirmation of appointment to the League of Older Americans Advisory Council SUBMITTED BY: Diane S. Childers Clerk to the Board APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: League of Older Americans Advisory Council At the February 8, 2005 Board meeting, the Clerk was directed to contact Beverly Eyerly to determine if she would be willing to serve another one-year term which will expire on March 31, 2006. Ms. Eyerly has advised that she would like to serve another term and confirmation of her appointment has been placed on the consent agenda for this meeting. STAFF RECOMMENDATION: It is recommended that the above appointment to the League of Older American Advisory Council be confirmed. VOTE: Supervisor Flora motion to approve staff recommendation Motion Approved M. File League of Older Americans Advisory Council File Yes No Abs Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Altizer ® ❑ ❑ M. File League of Older Americans Advisory Council File THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING ON THE 22nd OF FEBRUARY, 2005 ADOPTED THE FOLLOWING: RESOLUTION 022205-5.b REQUESTING ACCEPTANCE OF INTEGRITY DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the street described on the attached Addition Form SR -5(A), fully incorporated herein by reference, is 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 street meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999 for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street 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 Flora Seconded by: None Required Yeas: Supervisors, McNamara Church Wray, Flora Altizer Nays: None A py Teste. - �) \ � IA4) Diane S. Childers, CMC 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 022205-5.b adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, February 22, 2005. Brenda J. Holton, Deputy Cierk 0 L � C � CC 'O C a 0 Q U a m m 0 H v 0 Z 0 aoi m m U Z` M N m a� rn m a or o� CL as a a i a N N ro Y Y Y Y Y Y O 0 D O O 0 0 O 0 0 0 0 C m m m m m m m m D m m m m m m m O ❑ ❑ O ❑ O O CO N C N E � 00 o C O 01, N C C� m v N � N � •� m •O m '� m 9 m 'O m a m a m a N o d 'm o o `m o o m oo o e m o o IL H LL U. �- 1 lL F- LL lL /- d LL !- CL O V v R 3 0 L Ol m � N �+ L a Q a m E 3 a O Z V O) m U' � N O Z 07 METES AND BOUNDS DESCRIPTIONS SHOWN ON THIS PLAT REPRESENT A COMPOSITE OF DEEDS, PLATS, AND CALCULATED INFORMATION AND DO NOT REFLECT AN ACCURATE BOUNDARY SURVEY. TAX MAP NO. Length: 0.18 Miles 50.01-01 Industrial Access //V/LV/l// / /V// V /- /11/V/ SCALE. PLAT SHOWING Acceptence of Integrity Drive into the Virginia Department of Transportation Secondary System PREPARED BY.' ROANOKE COUNTY DEPARTMENT OF COMMUNITYDEVELOPMENT 1 "=200' goAX G E* A z � z 1838 DATE: 1-27-05 ACTION NO. A -022205-5.c ITEM NO. J-4 AT A REGULAR MEETING OF HE ROA OKE COUNTY ADMINISTRATION RS OF OENOER CKE OUNTY, VIRGINIA HELD AT MEETING DATE: February 22, 2005 AGENDA ITEM: Request to accept donation of a drainage easement on the property of Knights of Columbus, Windsor Hills Magisterial District SUBMITTED BY: Arnold Covey Director, Community Development APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This consent agenda item involves conveyance of the following described easement to the Board of Supervisors of the County of Roanoke: A perpetual RIGHT and EASEMENT, of approximately 3,507.21 square feet, to construct, operate, maintain, inspect and repair or replace a drainage system and related improvements including slopes(s), if applicable, together with the right of ingress and egress thereto from a public road, upon, over, under and across a tract or parcel of land belonging to the Grantor, acquired by deed dated December 3, 1986, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1251, page 800 and designated on the Roanoke County Land Records as Tax Map No. 77.06-02-24 (the "property"). The location of said easement is more particularly described on the plat attached hereto as "Exhibit A" and by this reference made a part hereof (the "Plat"). The County's engineering staff has reviewed and approved the location and dimensions of this easement. STAFF RECOMMENDATION: Staff recommends acceptance of this easement. VOTE: Supervisor Flora motion to approve staff recommendation Motion Approved cc: File Arnold Covey, Director, Community Development Janet Scheid, Chief Planner Paul Mahoney, County Attorney 2 Yes No Abs Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Altizer ® ❑ ❑ cc: File Arnold Covey, Director, Community Development Janet Scheid, Chief Planner Paul Mahoney, County Attorney 2 ACTION N0. A -022205-5.d 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: February 22, 2005 AGENDA ITEM: Request to accept donation of a deed of easement on property owned by Larry W. McCarty and Patricia L. McCarty, Vinton Magisterial District SUBMITTED BY: Arnold Covey Director, Community Development APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This consent agenda item involves acceptance of the following easement conveyed to the Board of Supervisors for storm drainage purposes in connection with Drainage Project P- 298 located in the Vinton Magisterial District of Roanoke County: A perpetual RIGHT AND EASEMENT, of approximately 3,744.15 square feet to construct, operate, maintain, inspect and repair or replace a drainage system and related improvements including slope(s), if applicable, together with the right of ingress and egress thereto from a public road, upon, over, under, and across a tract of parcel of land belonging to the Grantor, acquired by deed dated June 9, 1988, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1286, page 652, and designated on the Roanoke County Land Records as Tax Map No. 70.04-4-22 (the "Property"). The location of said easement is more particularly described on the plat attached hereto as "Exhibit A" and by this reference made a part hereof (the "Plat"). STAFF RECOMMENDATION: Staff recommends acceptance of these easements. VOTE: Supervisor Flora motion to approve staff recommendation Motion Approved cc: File Arnold Covey, Director, Community Development Janet Scheid, Chief Planner Paul Mahoney, County Attorney 2 Yes No Abs Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Altizer ® ❑ ❑ cc: File 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, FEBRUARY 22, 2005 RESOLUTION 022205-6 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 Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None AC I?Y TESTE: 117 / � i (. I //z/1 Diane S. Childers, CMC 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, FEBRUARY 22, 2005 ORDINANCE 022205-7 GRANTING A SPECIAL USE PERMIT TO EBENEZER BAPTIST CHURCH UPON APPLICATION OF JEROME DONALD HENSCHEL, PC ARCHITECTURE TO CONSTRUCT A 24,400 SQUARE FOOT MULTI-PURPOSE FAMILY LIFE FACILITY TO BE LOCATED AT 7049 THIRLANE ROAD (TAX MAP NO. 37.06-1-13) CATAWBA MAGISTERIAL DISTRICT WHEREAS, Jerome Donald Henschel, PC Architecture has filed a petition for a special use permit to construct a 24,400 square foot multi-purpose family life facility for the Ebenezer Baptist Church to be located at 7049 Thirlane Road (Tax Map No. 37.06- 1-13) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on February 1, 2005; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on January 25, 2005; the second reading and public hearing on this matter was held on February 22, 2005. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to Ebenezer Baptist Church upon application by Jerome Donald Henschel, PC Architecture to construct a 24,400 square foot multi-purpose family life facility for the Ebenezer Baptist Church to be located at 7049 Thirlane Road in the Catawba Magisterial District is substantially in accord with the adopted 2000 Community Plan pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and said special use permit is hereby approved with the following conditions: (1) The site shall be developed in substantial conformity with the master site development plan prepared by Jerome Donald Henschel, PC Architecture, dated December 6, 2004. (2) The exterior building and roof colors of the proposed multi-purpose family life facility shall match the existing muted color scheme of the existing church facility. (Brown, tan, white and brick colors.) 2. 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 Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None A OPY TESTE: J171 0 Diane S. Childers, CMC 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 2 Zoning AG3 EP AG 1 AR AV C1 C2 C2CVOD 12 PCD PRD PTD R1 R2 R3 R4 N Applicants Name: Ebenezer Baptist Church N Existing Zoning: R-1 Roanoke County Proposed Zoning: R -1S Department of Tax Map Number: 37.06-1-13 Community Development Magisterial District: Catawba Area: 10 acres December 20, 2004 No Scale AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, FEBRUARY 22, 2005 ORDINANCE 022205-8 TO CHANGE THE ZONING CLASSIFICATION OF A 0.68 -ACRE TRACT OF REAL ESTATE LOCATED AT THE NORTHWEST CORNER OF PETERS CREEK ROAD AND COVE ROAD (TAX MAP NO.37.17-01-05) IN THE CATAWBA MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF I-1, INDUSTRIAL WITH CONDITIONS, TO THE ZONING CLASSIFICATION OF C-2, GENERAL COMMERCIAL WITH CONDITIONS UPON THE APPLICATION OF MID - ATLANTIC REALTY, INC. WHEREAS, the first reading of this ordinance was held on January 25, 2005, and the second reading and public hearing were held February 22, 2005; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on February 1, 2005; 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 0.68 acres, as described herein, and located at the northwest corner of Peters Creek Road and Cove Road (Tax Map Number 37.17-01-05) in the Catawba Magisterial District, is hereby changed from the zoning classification of I-1, Industrial District with conditions, to the zoning classification of C-2, General Commercial District with conditions. 2. That this action is taken upon the application of Mid -Atlantic Realty, Inc. 3. That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) The property shall be developed as a C-2 use. (2) Entrances onto Peters Creek Road shall be reduced to one (1) right -in and right -out; entrances onto Cove Road shall be reduced to one (1) full movement entrance. (3) All buildings constructed on the property shall have exposed exterior walls (above finished grade) of face brick, natural stone, dryvit, stucco, decorative split face block and/or glass or be of an equivalent, permanent architecturally finished material. No building shall be covered with or have exposed to view any painted or unfinished concrete block, sheet or corrugated aluminum, asbestos, iron or steel. Roofing materials shall either be asphalt shingle or standing metal seam if a raised roof; if a flat roof system is used, a perimeter parapet of dryvit, standing metal seam and decorative split face block or brick shall be used. (4) The proffered conditions set forth in Ordinance 82592-8 dated August 25, 1992 and Ordinance 102291-10 dated October 22, 1991, are hereby removed. 4. That said real estate is more fully described as follows: Beginning at an iron stake on the northwesterly right-of-way line of Peters Creek Road (VA Rte. 117) 146.29 feet northeasterly from an angle point at the northwesterly corner of Peters Creek Road and Cove Road, said beginning point being the northeasterly corner of the property of Humble Oil Co.; thence leaving Peters Creek Road and with two lines of the Humble Oil Co. property N. 740 21'W. 100.0 feet to an iron stake; thence S. 340 28'30" W. 165.00 feet to an iron stake on the northerly right-of-way line of Cove Road (VA Rte. 116); thence with same, leaving the Humble Oil Co. property N. 740 21'W. 113.00 feet to an iron stake, a corner to the property of Mrs. Dorothy H. Whitesell, Mrs. Geraldine H. Waring and Frances H. Easley; thence with same and leaving Cove Road, N. 350 12' 10" E. 250.0 feet to a point, a new corner; thence with a new division line through the property of William Kenney S. 620 16' 50" E. 201.59 feet to a point on the northwesterly right-of-way line of Peters Creek Road; thence with said right-of-way line with a curved line to the left, having a radius of 2334.83 feet, a chord bearing and distance of S. 360 59' 35" W.40.0 feet and an arc distance of 40.00 feet to the FA Point of Beginning, containing 0.685 acres, as shown on plat made by David Dick & Associates, dated February 26, 1973, which plat is recorded in the Roanoke County Circuit Court Clerk's Office in Deed Book 968 at page 99. 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 Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None A COPY TESTE: A/7-1 � ) � �, 4WjIj)) Diane S. Childers, CMC 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 Zoning Cove Rd AG3 EP AGI AR AV CI C2 C2CVOD 12 PCD PRD FM PTD R1 R2 R3 R4 Hoanoke County Department of Community Development M City of Roanoke Ak City of Roanoke City of Roanoke Applicants Name: Mid -Atlantic Realty, Inc. Proposed Zoning: C-2 Tax Map Number: 37.17-1-5 Magisterial District: Catawba Area: 0.68 Acres December 17, 2004 No Scale r. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 22, 2005 ORDINANCE 022205-9 GRANTING A SPECIAL USE PERMIT TO CELLCO PARTNERSHIP D/B/A/ VERIZON WIRELESS TO CONSTRUCT A 199 FT. BROADCAST TOWER AND ANCILLARY FACILITIES TO BE LOCATED AT 3233 CATAWBA VALLEY DRIVE (TAX MAP NO.16.03-1-46) CATAWBA MAGISTERIAL DISTRICT WHEREAS, Cellco Partnership d/b/a/ Verizon Wireless has filed a petition for a special use permit to construct a 199 ft. broadcast tower and ancillary facilities to be located at 3233 Catawba Valley Drive (Tax Map No. 16.03-1-46) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on February 1, 2005; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on January 25, 2005; the second reading and public hearing on this matter was held on February 22, 2005. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to Cellco Partnership d/b/a Verizon Wireless to construct a 199 ft. broadcast tower and ancillary facilities to be located at 3233 Catawba Valley Drive in the Catawba Magisterial District is substantially in accord with the adopted 2000 Community Plan pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and said special use permit is hereby approved with the following conditions: (1) The broadcast tower shall be a monopole design, with a maximum height of 199 ft. (2) The broadcast tower shall not be lighted. (3) The broadcast tower shall be constructed of non -reflective materials to reduce visibility and reduce light reflection. (4) The broadcast tower shall be structurally capable of carrying at least three other vendors. (5) The broadcast tower shall be located in the lease area shown on the concept plan entitled "Verizon Site Name: Bradshaw Road," prepared by Engineering Concepts, Inc., with engineers stamp seal date of 12/10/04. 2. 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 Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None A TPY TESTE: Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Janet Scheid, Chief Planner Wiliam Driver, Director, Real Estate Valuation 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, FEBRUARY 22, 2005 ORDINANCE 022205-10 AUTHORIZING THE VACATION, QUITCLAIM AND RELEASE OF PORTIONS OF VARIOUS EASEMENTS IN VALLEY GATEWAY BUSINESS PARK TO THE COMMONWEALTH OF VIRGINIA IN CONNECTION WITH PROVIDING CLEAR TITLE AND AN UNRESTRICTED RIGHT-OF-WAY FOR INTEGRITY DRIVE IN THE VINTON MAGISTERIAL DISTRICT WHEREAS, the development of Valley Gateway Business Park has necessitated the creation of several easements for public utilities and drainage; and, WHEREAS, the said easements were created prior to the establishment of the full right-of-way boundary for Integrity Drive and portions of the said easements are within the currently established right-of-way boundary of Integrity Drive; and, WHEREAS, the various easements to be vacated were dedicated to Roanoke County as a 20' storm drainage easement recorded in instrument # 200313258 and a 20' storm drainage easement recorded in instrument # 200313725, a 20' public utility easement recorded in Plat Book 19, page 166, and a 20' public utility easement recorded in Plat Book 27, page 23, a 30' sewer and waterline easement recorded in Deed Book 1273, page 605, and a 20' waterline easement, recorded in Plat Book 19, page 166 and Deed Book 1620, page 587, respectively, all of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia; and, WHEREAS, the Virginia Department of Transportation (VDOT) requires that the right-of-way for streets to be added to the state system of highways be unrestricted and cleared of all encumbrances; and, WHEREAS, Roanoke County desires to request the Virginia Department of Transportation to add Integrity Drive to the state system of highways and the affected County departments have raised no objection to the vacation, quit -claim and release of the above described easements; and, WHEREAS, published notice has been given as required by Section 15.2-2204 of the Code of Virginia, 1950, as amended and pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading of this ordinance was held on February 8, 2005; and a public hearing and second reading was held on February 22, 2005. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That portions of existing easement designated and shown as "EASEMENTS TO BE VACATED" on a plat entitled "PLAT SHOWING THE VACTION OF EASEMENTS WITHIN THE RIGHT-OF-WAY OF INTEGRITY DRIVE, VALLEY GATEWAY BUSINESS PARK' prepared by Hayes, Seay, Mattern & Mattern, Inc. dated January 21, 2005, attached hereto as Exhibit A and incorporated by reference, be, and hereby are, vacated pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, subject to the conditions set forth herein; and, 2. That the vacation, quitclaim and release of the storm drainage easements, the waterline easement and the sewer and waterline easement is subject to, upon the acceptance of Integrity Drive into the state system of highways, the issuance of a land use permit by the Virginia Department of Transportation (VDOT) such that the existing waterlines, sewer lines, storm drains and their appurtenances may continue to occupy, in their current configuration, the area within the right -o -way boundary for Integrity Drive. 3. That conveyance of the property identified as "INTEGRITY DRIVE" on the above reference plat to the Commonwealth of Virginia is hereby authorized and approved. 2 4. That in the event said existing facilities are subsequently not within the right- of-way boundary due to street abandonment or realignment, the County will exert its prior rights and the subject easements shall revert to the possession of the County of Roanoke. 5. That the County Administrator or any assistant county administrator is hereby authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish this quitclaim and release of easement interests and conveyance of property, all of which shall be on form approved by the County Attorney. 6. That this ordinance shall be effective on and from the date of its adoption and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with Section 15.2-2272.2 of the Code of Virginia (1950, as amended). On motion of Supervisor Altizer to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None AC PY TESTE: L Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Janet Scheid, Chief Planner Paul Mahoney, County Attorney I hereby certify that the foregoing is a true and correct copy of Ordinance 022205-10 adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, February 22, 2005. Brenda J. Holton, Deputy Clerk 3 poli � plc ?•w m R 0 i' 1 1 �`�•F,po W Y�. lP\, aWjy a � vt' � n o °NC W'N oacvm C ��mti o� C 0 ^o N 0. O •W C` W N C , 2 ai �t3 3Qi 4.p P O m +4 2 a WO�r 6 a m � plc ?•w m R i' 1 1 �`�•F,po W Y�. lP\, aWjy a � vt' � n o °NC W'N oacvm C ��mti o� C 0 ^o N � SRR( Qi r4 a n x9±O 1 1 I / 1 I I 55jy� B'(y` ed m � ``` plc ?•w i' 1 1 �`�•F,po l \ i/ a � vt' � n o °NC W'N oacvm <�. Wb C 0 ^o CN^ � SRR( Qi r4 a n �'a' N N m: a a ' p vQp°5 [ w QQQQ���1 a YJ rn ��-,.w.�s� �N,�oc l•a�s Haag Q p6464 3" COi g Pz- r r p CSArl 1 p ar r , 4 Lr r C N y n R11"Ill, H�ZZ�°N I � r / i ri � WW D C�N r �r r Z NGS 1 1 I '_ ':ir:'>�):•:,`i'T ; `_r ` �! 4'I h � " W • ti4G �' d,�" c yy I N W O °W4 Q�m m C M \\ I r i' 1 1 �`�•F,po l \ i/ �'a' N N m: a a ' p vQp°5 [ w QQQQ���1 a YJ rn ��-,.w.�s� �N,�oc l•a�s Haag Q p6464 3" COi g Pz- r r p CSArl 1 p ar r , 4 Lr r C N y n R11"Ill, H�ZZ�°N I � r / i ri � WW D C�N r �r r Z NGS 1 1 I '_ ':ir:'>�):•:,`i'T ; `_r ` �! 4'I h � " W • ti4G �' d,�" c yy I N W O °W4 Q�m m C M \\ IM N H H �`�•F,po Eli B C> � TS a � vt' � n o 0 Wb 0 ^o CN^ ^ SRR( Qi r4 a n I x9±O WO�r 6 O N TT IM N H H 0 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 22, 2005 RESOLUTION 022205-11 AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR REGIONAL JAIL REIMBURSEMENT FUNDING TO THE COMMONWEALTH OF VIRGINIA, BOARD OF CORRECTIONS WHEREAS, Roanoke County, Franklin County, Montgomery County, and the City of Salem have determined that a need exists to construct additional jail space to supplement their current jail facilities, and WHEREAS, these localities have contracted with Powell Consulting Services to prepare a Community Based Corrections Plan and with Hayes, Seay, Mattern & Mattern to develop a Planning Study as required by the Commonwealth of Virginia, Board of Corrections, Standards for Planning, Design, Construction and Reimbursement of Local Correctional Facilities , and WHEREAS, these four localities have requested a waiver from the moratorium so that the regional jail plan may be submitted to the Department of Corrections prior to March 1, 2005 in accordance with §53.1-82.3 of the Code of Virginia (1950) as amended, and be considered by the Board of Corrections for recommendation to the Governor to be included in the 2006 budget for appropriation by the General Assembly, and WHEREAS, these four localities intend to negotiate a cooperative agreement and to form an authority pursuant to §53.1-95.2 of the Code of Virginia (1950) as amended, to construct and operate said regional jail on behalf of the four localities, and WHEREAS, the proposed authority (or the localities) shall be eligible for reimbursement of up to fifty percent (50%) of eligible project costs of the regional facility pursuant to §53.1-81 of the Code of Virginia (1950) as amended. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, 1. That it hereby supports the submittal of an application by Roanoke County, Franklin County, Montgomery County, and the City of Salem for the construction, operation, and reimbursement of a regional jail to serve the correctional needs of these localities, and requests favorable consideration of this application by the Commonwealth of Virginia, Board of Corrections. 2. That it requests reimbursement from the Board of Corrections and the Commonwealth of Virginia of 50% of the eligible project costs for the proposed regional jail as provided in the Planning Study, pursuant to §53.1-81 of the Code of Virginia. 3. That it hereby authorizes the County Administrator, or his designee, to execute such documents and to take such actions as may be necessary to accomplish the purposes of this Resolution. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Flora, Altizer NAYS: Supervisors Church, Wray A COPY TESTE: Diane S. C i ders, CMC Clerk to the Board of Supervisors cc: File John Chambliss, Assistant County Administrator Richard Huff, II, County Administrator, Franklin County Clayton Goodman, III, County Administrator, Montgomery County Forest Jones, City Manager, City of Salem Diane Hyatt, Chief Financial Officer Rebecca Owens, Director, Finance Gerald Holt, Sheriff 2