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HomeMy WebLinkAbout6/28/2005 - Adopted Board RecordsACTION NO. A-062805-1 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: June 28, 2005 AGENDA ITEM: Request to appropriate $729,849 to various public assistance programs in the Department of Social Services SUBMITTED BY: Dr. Betty McCrary Director of Social Services APPROVED BY: Dan R. O'Donnell Assistant County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Department of Social Services receives additional appropriations throughout the year for public assistance and services delivery. The state has made available $288,000 in federal IV -E funds for foster children; $45,000 adoption subsidy; $158,437 for transitional day care; $55,000 for auxiliary grants; $40,000 special needs adoption; $24,292 for eligibility administration; $25,480 adult services; $18,615 VIEW work and transition; $20,438 head start day care; and $54,587 non -VIEW day care. The Department of Social Services cannot access these funds until the County has appropriated the same. The Board of Supervisors is requested to appropriate $729,849 to the 2004-2005 Social Services budget and to appropriate the related revenues from the state. FISCAL IMPACT: This report will add an additional $729,849 to the Social Services revenue budget and expenditure budget. Any local required match is currently available in the budget. STAFF RECOMMENDATION: Staff recommends appropriation of $729,849 to the 2004-2005 Social Services budget and appropriation of the same revenues from the state, to be distributed in the following manner: $288,000 for federal IV -E (602000-5730) $45,000 for adoption subsidy (602000-5771) $158,437 transitional day care (602000-5749) $55,000 auxiliary grants (602000-5710) $40,000 special needs adoption (602000-5770) $24,292 for eligibility administration $25,480 for adult services (602000-5756) $18,615 VIEW work and transition (602000-5749) $20,438 head start day care (602000-5785) $54,587 non -VIEW day care (602000-5749) VOTE: Supervisor Church motion to approve staff recommendation Motion Approved cc: File Dr. Betty McCrary, Director, Social Services Rebecca Owens, Director, Finance 2 Yes No Abs Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Altizer ® ❑ ❑ cc: File Dr. Betty McCrary, Director, Social Services Rebecca Owens, Director, Finance 2 ACTION NO. A-062805-2 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: June 28, 2005 AGENDA ITEM: Change order for Public Safety Building project (foundation/auger piles due to unsuitable soils) SUBMITTED BY: Dan O'Donnell Assistant County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: As discussed at a work session held on June 14, Northrop -Grumman has submitted a proposed change order for revised foundation construction due to soft soils under the dispatch wing of the new Public Safety Building. With the guidance of the County's construction management firm, Construction Dynamics Group, staff rejected the original change order proposals and instructed Northrop -Grumman to identify alternative methods of ensuring a sound foundation and to absorb all redesign costs. Northrop -Grumman has agreed to absorb the redesign cost and has presented three options for consideration. The alternatives presented are maximum prices and could be lower if the depths of the additional foundation supports are less than estimated or if fewer piles are required. Conversely, if the depths of the piles need to be deeper than estimated or more piles are required, Northrop -Grumman will absorb any additional cost. The original proposed change order is presented below and the revisions are listed in the "alternatives" section of this report. As staff has agreed to bring all proposed change orders above $100,000 to the Board for approval, this item is on the agenda for consideration by the Board of Supervisors. Original Change Order Proposals: Micro -piles system and revised foundation design - This original proposal was priced at $528,685 plus design costs of $11,463 for a total proposed change amount of $540,148. This amount included all costs for redesign of the foundation. Staff rejected this proposal and instructed Northrop -Grumman to submit another proposal with several options for alternative structural systems. Northrop -Grumman was also notified that the County would not pay for engineering and redesign costs as the unsuitable soils should have been discovered prior to the original foundation design being completed. Northrop -Grumman has agreed with this concept and sent an alternative proposed change order with the following alternatives. ALTERNATIVES: Option 1: Geopiers — 250 30" diagonal geopiers, at a depth of 9 to 13 feet. Cost — Not to Exceed $408,328 Option 2: Auger Cast Piles — 172 12" diameter Auger Cast Piles at an average depth of 21 feet Cost — Not to Exceed $319,034 Option 3: Micropiles - 172 8" diameter Micropiles at an average depth of 21 feet Cost — Not to Exceed $510,629 All three alternatives have been analyzed by Construction Dynamics Group (CDG) for cost and effectiveness. FISCAL IMPACT: An amount not to exceed cost of $319,034 would be deducted for the current project contingency amount of $811,245, leaving a balance of at least $492,211 in the contingency. These funds are already in the project budget and no additional appropriation is necessary. RECOMMENDATION: Staff recommends that Option 2 — Auger Cast Piles be approved a method and has been deemed by CDG to be an effective method foundation. 2 s it is the lowest cost of ensuring a sound VOTE: Supervisor Church motion to approve staff recommendation (Option #2) Motion Approved cc: File Dan O'Donnell, Assistant County Administrator Rebecca Owens, Director, Finance Yes No Abs Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Altizer ® ❑ ❑ cc: File Dan O'Donnell, Assistant County Administrator Rebecca Owens, Director, Finance ACTION NO. A-062805-3 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: June 28, 2005 AGENDA ITEM: Request to authorize an agreement between the Sheriff of Montgomery County and the Police Department of Roanoke County to allow the Roanoke County Police Department to respond to E-911 law enforcement calls on Patterson Drive in the Copper Hill portion of Montgomery County SUBMITTED BY: Ray Lavinder Chief of Police APPROVED BY: Dan O'Donnell Assistant County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Because of the remote location of Patterson Drive in the Copper Hill section of Montgomery County (near Bent Mountain), Sheriff Whitt of Montgomery County has asked the Roanoke County Police Department for mutual aid by providing the first law enforcement response in emergency situations to this area. As authorized by the Code of Virginia, such officers shall exercise full police powers during the period of such emergency or necessity in Montgomery County as if they were in Roanoke County. Once an E-911 law enforcement call is received in Roanoke County for a law enforcement response on Patterson Drive, the call will also be transferred to the Montgomery Sheriffs dispatch and their Deputy shall also respond to the call. Roanoke County officers agree to remain at the scene as stand-by until the Montgomery deputy arrives unless ordered to leave by a supervisor in the Roanoke County Police Department. If a Roanoke County Police officer is not available or if the Roanoke County Police officer is ordered to leave by their supervisor, said supervisor shall immediately contact their counterpart with the Montgomery County Sheriff's office to inform them of the circumstances. For purposes of this agreement, an emergency situation shall mean an actual or threatened condition that poses an immediate threat to life or property. The Montgomery County Sheriff's Office and the Roanoke County Police Department have prepared the attached agreement which shall become effective July 1, 2005 and remain in effect for ten years and shall be automatically renewed once for a period of ten years unless either party notifies the other in writing of its intent to allow the agreement to expire. The agreement may be terminated by either party by ninety (90) days written notice to the other so that the E-911 calls can be switched back to the Montgomery County Sheriff's office by the phone company. FISCAL IMPACT: There is no fiscal impact. The response will be by the officer in the district serving the adjacent area of Roanoke County. STAFF RECOMMENDATION: Staff recommends approval of the attached agreement so that the Roanoke County Police Department may provide assistance to the Montgomery County Sheriff's Office for residents on Patterson Drive in the Copper Hill area of Montgomery County. VOTE: Supervisor McNamara motion to approve staff recommendation Motion Approved cc: File Ray Lavinder, Chief of Police Paul Mahoney, County Attorney Yes No Abs Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Altizer ® ❑ ❑ cc: File Ray Lavinder, Chief of Police Paul Mahoney, County Attorney THIS AGREEMENT made this_ day of , 2005, by and between the COUNTY OF ROANOKE, VIRGINIA ("Roanoke County"), a political subdivision of the Commonwealth of Virginia and SHERIFF, J.T. WHITT, a Constitutional Officer elected by the people of Montgomery County, Virginia (the "Sheriff"). WITNESSETH: WHEREAS, Pursuant to the authority granted in Section 15.2-1736 of the 1950 Code of Virginia, as amended, Roanoke County has agreed to accept E-911 law enforcement calls for the Montgomery County residents located along Patterson Drive in the Bent Mountain, Copper Hill area of Montgomery County and provide first responder emergency law enforcement services for these residents; and WHEREAS, Roanoke County and the Sheriff have agreed to enter into this Agreement for the purpose of establishing a protocol as to how Roanoke County and the Sheriff shall respond should a law enforcement emergency exist or an E-911 law enforcement call be made from the Patterson Drive area of Montgomery County, Virginia; and WHEREAS, Roanoke County and the Sheriff mutually desire to use this Agreement for the further purpose of establishing terms for mutual aide between the parties to this Agreement in emergency situations. NOW, THEREFORE, in consideration of the premises and of the mutual promises contained in this Agreement, the Parties agree as follows: 1. Roanoke County agrees to accept all the E-911 law enforcement calls from the residents located on Patterson Drive in the Bent Mountain, Copper Hill Section of Montgomery County, Virginia. Upon receiving an E-911 law enforcement call from this area, Roanoke County, through its chief law- enforcement officer or his designee, shall undertake to be the first law enforcement responder to the scene. Roanoke County agrees to provide protection, defense and maintenance of the peace and good order and to stabilize the scene if necessary. Such officers and their principals shall exercise full police powers as conferred upon them by the laws of the Commonwealth of Virginia during the period of such emergency or necessity in Montgomery County, the same as in the County of Roanoke. In such cases, these officers may participate in law-enforcement action beyond Roanoke County to the extent authorized by general laws in the Commonwealth of Virginia. All law enforcement personnel responding to an 1 E -3 emergency request will report to and take direction from their respective chief law enforcement officer or the designated supervisor of the requesting agency at the emergency site. 2. Once an E-911 law enforcement call is received in Roanoke County for a law enforcement response on Patterson Drive, the E-911 call shall then automatically transfer to the Sheriffs dispatch. The Sheriff or his designee shall also respond to the after receiving the E-911 call. Roanoke County officers agree to remain at the scene as stand-by until the Sheriffs deputies or officers arrive, unless ordered to leave the scene by a supervisor. The Sheriff shall take over control and management of the scene once his deputies or officers arrive. In the event that a Roanoke County officer is unavailable to respond to an E-911 law enforcement call or is ordered to leave the scene by a supervisor, the On - Duty Shift Supervisor shall immediately contact his counterpart with the Sheriffs Office to inform him of the circumstances. Each party further agrees that in the event of an emergency situation in either jurisdiction, each party to this Agreement shall furnish to the other such personnel, equipment, facilities or services as is, in the opinion of the assisting member, available to lend assistance for law enforcement purposes. Provided, however, that each party reserves the right to refuse to render assistance, or to recall any or all rendered assistance, whenever a good faith determination is made that such action is necessary to the protection of the assisting party's jurisdiction. For purposes of this agreement, "Emergency situation" shall mean an actual or threatened condition within the jurisdiction of one of the parties to this Agreement that poses an immediate threat to life or property and which exceeds the capability and resources of that jurisdiction to successfully bring that condition or situation under reasonable control. Law enforcement personnel responding to a call for mutual assistance outside of their appointed jurisdiction shall have all those law enforcement powers provided by the laws of the Commonwealth of Virginia. 3. For any act or failure to act carried out beyond the normal jurisdiction and under this Agreement, such law enforcement officers shall be entitled to all of the immunities from liability enjoyed in its own jurisdiction when acting through its police officers, agents, or employees for a public or governmental purpose. This Agreement shall not be construed to impair or affect any sovereign or governmental immunity or official immunity that may otherwise be available to the County or the Sheriff or any officer, deputy, agent or employee of either party to this Agreement. 2 E-3 4. The deputies, police officers, principal, or other agents or employees of the Parties when acting hereunder without their normal territorial jurisdiction, shall enjoy all exemptions from laws, ordinances and regulations and shall have all of the pension, relief, disability, worker's compensation and other benefits enjoyed by them while performing their respective duties within their normal jurisdiction. 5. Each Party waives any claim it may have against the other Party growing out of any act or omission carried out under this Agreement. In so far as permitted by law, each Party to this Agreement shall indemnify and hold harmless the other Party from any and all claims by third parties for personal injury, property damage or other claims for monetary or injunctive relief which may arise out of the activities, or failures to act, of the other Party to this Agreement while outside their respective jurisdictions in connection with this Agreement. This Agreement shall not be construed as, or deemed to be, an Agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action whatever hereunder for any cause whatsoever. 6. Each Party shall, as may be required, notify its law-enforcement liability insurance carrier prior to the effective date of this Agreement. 7. The effective date of this Agreement is July 1, 2005. Its term is ten (10) years and shall be automatically renewed once for a period of ten (10) years unless either party notifies the other in writing of its intent to allow the Agreement to expire. This Agreement may be amended only by a written instrument signed by an authorized representative of the County and the Sheriff. From time to time, the chief law-enforcement officer of the County, or his designee, and the Sheriff, or his designee, may enter into written policies or procedures to implement the intent of this Agreement. 8. This Agreement may be terminated by either party by ninety days written notice to the other. Upon notice of termination or non -renewal, the Sheriff shall make the necessary arrangements with the cooperation of Roanoke County to have the E-911 calls from Patterson Drive switched to the Sheriffs dispatch. 9. The use of the term "Party" includes employees, officials, and officers of Roanoke County or the Sheriffs Office. IN WITNESS WHEREOF, this Agreement has been approved and executed by and is effective and operative as to each of the Parties hereto as of the date hereinabove, all as herein provided. 3 APPROVED AS TO FORM: COUNTY OF ROANOKE, VIRGINIA BY: APPROVED AS TO FORM: SHERIFF OF MONTGOMERY COUNTY BY: 4 J.T. WHITT, SHERIFF w ACTION NO. A-062805-4 ITEM NO. E-4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 28, 2005 AGENDA ITEM: Memorandum of Understanding with Virginia Department of State Police for 800 MHz repeater installation, Poor Mountain SUBMITTED BY: Anne Marie Green Director, Department of General Services APPROVED BY: Dan O'Donnell Assistant County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In order to provide coverage on both sides of Poor Mountain, Roanoke County uses two antenna sites for the 800 MHz public safety radio system. The County owns one of the sites and the tower on it, but is using a tower on another site for which there is no current valid lease. Discussions with the owner of that property have not resulted in any agreement for continued use of the tower and site. The Virginia Department of State Police has agreed to permit Roanoke County to install the equipment on its nearby tower site, without charge. The State Police site will provide comparable coverage for the radio system. FISCAL IMPACT: There will be a one time charge by the Department of State Police for installation of the County's equipment, which should not exceed $2,000. The Public Safety Team has approved payment of this fee out of the E-911 fund. ALTERNATIVES: 1. Approve the execution of the attached Memorandum of Understanding (MOU) with the Virginia Department of State Police by the County Administrator or his designee. 2. Direct the Department of General Services to attempt to negotiate a lease with the owner of the tower currently housing the County's equipment or with another property owner on Poor Mountain. STAFF RECOMMENDATION: Staff recommends approval of Alternative # 1. VOTE: Supervisor Church motion to approve staff recommendation Motion Approved cc: File Anne Marie Green, Director, General Services Rebecca Owens, Director, Finance Paul Mahoney, County Attorney Yes No Abs Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Altizer ® ❑ ❑ cc: File Anne Marie Green, Director, General Services Rebecca Owens, Director, Finance Paul Mahoney, County Attorney MEMORANDUM OF UNDERSTANDING between Virginia Department of State Police and Roanoke County Communications This memorandum is to set forth basic general procedural obligations of the Department of State Police (DSP) and Roanoke County Communications (RCC). The general intent of this memorandum is to allow RCC to operate communications equipment on DSP property. See attachment for details of equipment and frequency. In consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1. DSP hereby grants to RCC permission, revocable and terminable as hereafter provided, to maintain and operate radio communications equipment and place antenna and appurtenances on existing property identified as DSP, Poor Mountain Communication Site located in Montgomery County, Virginia. RCC shall be permitted to use the DSP property for the installation, operation and maintenance of communications equipment only. RCC shall not be permitted to use the DSP property for any other purpose except by written permission of DSP. 2. This memorandum will become effective upon signatures of both parties and extend until such time as DSP or RCC gives the other party a six (6) month advance written notification of their desire to terminate. Upon termination of this MOU, RCC agrees to remove all equipment and personal property at its own expense within (120) days. 3. RCC shall make no monetary payment in the form of rent. RCC will pay all installation charges and all cost of servicing and maintaining its own equipment. 4. The DSP shall perform the initial installation of the radio tower components on behalf of RCC. 5. RCC will assume responsibility for handling and coordinating the licensing of the RCC equipment with the Federal Communications Commission. 6. DSP will approve all antennas and equipment to be placed on the DSP tower and building for the purposes of tower loading and frequency interference reasons. 7. While this MOU attempts to accommodate all possible situations, it is acknowledged that from time to time situations will arise which are outside the general scope of this document. It is incumbent upon both parties to discuss these situations and reach a mutually agreeable resolution to the agreement. The parties will review the MOU as needed and recommend changes to the appropriate persons. Changes will be as written addenda to this MOU. Commonwealth of Virginia; Department of State Police Superintendent Date: Commonwealth of Virginia; Roanoke County, Virginia County Administrator Date: May 20, 2005 Communications Equipment to be installed on DSP site at Poor Mountain by Roanoke County, Virginia 800 MHz. Repeater Transmit Frequency 854.9875 MHz. Receive Frequency 809.9875 MHz. Transmit ERP 70 Watts Antenna Type Decibel Products DB803M ACTION NO. A-062805-5 ITEM NO. E-5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 28, 2005 AGENDA ITEM: Request to approve amendments to the Public Private Partnership Policy SUBMITTED BY: Doug Chittum Economic Development Director APPROVED BY: Dan O'Donnell Assistant County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: A work session was held on June 7, 2005 for the purpose of discussing the policies and procedures related to Roanoke County's use of economic development incentives. Much of the discussion was based on the current Public Private Partnership (PPP) Policy, which was last amended in 2002. After discussion, the Board requested several changes to the Policy. It was further agreed that with these revisions, the PPP Policy should remain as guidelines for determining the appropriateness and level of County financial participation in economic development projects. A draft of the revised policy is attached and the following is a summary of the suggested amendments. 1. Deleted the detailing of "Target Industries" under the Guiding Principles Section on page 2 of the policy. 2. Deleted the use of Worksheets 1 and 2 to evaluate eligibility of projects on page 3 of the policy. 3. Deleted the ability of the County Administration to administer incentives under $50,000 without Board approval on pages 3 and 4 of the policy. 4. Deleted the reference to maintaining the utility funds for water and sewer due to the creation of the Western Virginia Water Authority. 5. Made reference to the Industrial Development Authority and their fiduciary role in the payment of incentives on pages 1 and 5 of the policy. 6. Request the Roanoke County Industrial Development Authority to amend their name to the Roanoke County Economic Development Authority to more accurately reflect their mission. FISCAL IMPACT: Since most incentives are administered on a "reimbursable basis" and are therefore paid out only after new tax revenues are generated and the incentives have been budgeted for, there will be only positive effects on the County budget. ALTERNATIVES: 1. Amend the PPP Policy as suggested under the summary and detailed in the draft of the 2005 revised policy. 2. Make no changes to the policy. STAFF RECOMMENDATION: Staff recommends Alternative 1 which would amend the PPP Policy as outlined in the 2005 draft document. VOTE: Supervisor McNamara motion to approve staff recommendation (amend the PPP Policy as outlined in the 2005 draft document) with the following addition: in the review section on Page 3, add the words "subject to Board approval' at the end of the sentence Motion approved cc: File Doug Chittum, Director, Economic Development Wanda Riley, Policy Manual Yes No Abs Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Altizer ® ❑ ❑ cc: File Doug Chittum, Director, Economic Development Wanda Riley, Policy Manual COUNTY OF ROANOKE PUBLIC PRIVATE PARTNERSHIP POLICY (Revised June 2005) Introduction The County established a Public -Private Partnership Program to further its economic development mission — to design and implement innovative programs and services that leverage community assets, create wealth & prosperity, and embrace the region's future. The distribution of various incentives in the form of County funds or other assets is the intent of the Program. These distributions are made to qualifying enterprises or organizations to encourage them to create or retain jobs and investment in the County and the region. This Policy establishes a framework by which the Program can be equitably and efficiently administered. Guiding Principles The Public -Private Partnership Policy is developed and applied in concert with the County's Business Plan for Economic Development. The Policy reflects the County's commitment to attract and retain quality jobs and investment and to maintain strong working relationships with its public and private sector partners. This is an investment Program, whereby the County seeks to ensure a reasonable return on its investment of funds or other assets as measured by tax revenues and quality jobs created and retained. Financial incentives offered by Roanoke County and administered by the Roanoke County Industrial Development Authority originate from the tax revenues paid by citizens, visitors, and businesses in the County. The Public Private Partnership Policy seeks to reinvest some portion of these tax revenues to assist in the economic growth of the County. During the initial site search for a location or the expansion of an existing facility, Roanoke County and a business or industry develops a partnership designed to accommodate the specific needs of the project. Accordingly: 1. Roanoke County may fund a portion or all of development costs for public improvements, such as roads and public utilities, off site regional storm water management facilities, and/or utility connection fees for water and sewer for a qualifying industry or business that meets the evaluation criteria for Public Private Partnerships. 2. Roanoke County may encourage the creation or retention of jobs of qualifying companies within the community, which hire employees at wages/salaries at or above the median area rate for that occupation through assistance with employment training. 3. Roanoke County may support tourism related industry/destination activities that provide range of services and attractions for visitors from outside the Roanoke Valley that will create employment opportunities and tax revenues, and enhance our image as a viable community. 1 4. Incentives will not be used to relocate a business/industry from another jurisdiction in the Roanoke Valley to the County unless it can be shown that the subject jobs and investment might otherwise be lost to the Roanoke Valley, and/or the business has determined that the best location for their new operation is in an Economic Opportunity Area as designated in the Roanoke County Economic Development Strategy. Typical areas of Partnershia Assistance Physical improvements and fees, such as: a. Water and sewer line extensions b. Water, fire, and sewer utility connection fees C. Public road construction and required drainage structures d. Traffic control devices such as signals and related equipment e. Regional storm water management facilities f. Land acquisition for public purposes (i.e. industrial rail and/or road access, road widening, easement acquisition ... ) g. Employment training/retraining Requests for assistance with employment training and retraining of new and/or relocated employees may be considered. Amounts and priority of funding will depend on the salary/wage rate to be paid, the number of permanent full time jobs created, relocated or retained, and availability of matching funds from the state of Virginia and federal funds. Operating Procedures The Director of Economic Development is responsible for administering this Policy and shall coordinate with the Director of Finance to establish a system to account for funds committed and expended. A business or industry may apply for County assistance by addressing a letter (on company letterhead) to the Director of Economic Development that indicates: a. A description of the business or tourism activity to be conducted on the site, that indicates the reasons why public financial participation is needed to complete the proj ect. b. Total capital investment in real estate (land, building), machinery and tools, and anticipated personal property, and/or other taxes paid on site 2 C. Total employment and annual payroll for jobs to be created or retained over the next five years d. Numbers and types of positions/jobs created or retained and average annual hourly salaries or wage for each over the next five years e. Specific infrastructure requirements such as water and sewer needs (including line size and/or capacity), off site road improvements, storm water management facilities, or other public facility assistance requested f. Date of construction and/or start-up (if in an existing building) g. If applicable, the terms of any lease to ensure that the company will occupy the building during the period calculated for payback. Review The Director of Economic Development will review each request for participation using the following guidelines. These evaluation criteria are based on a payback of anticipated taxes (real estate, machinery and tools, personal property, transient occupancy tax, sales tax, admissions tax, etc.) to the County, and jobs created/retained by number and type of employees. The County may participate in the following manner subject to Board approval: a. New or expanding commercial/retail/office projects must have a payback within one year. b. New or expanding manufacturing/industrial projects must have a payback within three years. c. County incentives may be packaged with those offered by local, State or Federal agencies to leverage the opportunity. Such incentive packages will be structured so as to provide maximum return on the County's assets. d. The incentive may be paid on a reimbursable basis, following an audit verifying the new local tax revenues generated by the project. e. The County may participate up to 100% of public improvement costs for anew and expanded project if the payback meets any of the classes listed above. f. All applications are subject to the amount of the County's annual budget appropriation for this purpose . Criteria for determination a. Incentives will not be approved in situations where it can be determined that they would not materially effect the decision of the applicant to undertake the project or otherwise make an investment in the County. b. No projects will be considered which are determined to produce significant environmental pollution, public nuisance or excessive demands for local public services. c. Excess County payments shall be refunded by the applicant if the actual tax revenues do not meet the payback formula in accordance with the Performance Agreement executed between the County and the business or industry. d. Tourism projects will be evaluated on the basis of expected visitation and concentration of tourism activities in areas proposed by the Economic Development Strategy, as well as other criteria for new jobs and anticipated tax revenues. e. If appropriate, Public Private Partnership funds may be passed through the Industrial Development Authority of Roanoke County to a qualifying business or industry subject to the stipulations set out in the Performance Agreement. f. Developers of commercial or industrial projects for lease must pass on the value of the incentives to the tenant business or industry by lowering the annual lease rate and/or by providing for additional tenant improvements. A copy of the executed lease in which the County participation is identified shall be presented to the Director of Economic Development upon request. g. A business or industry obtaining Public Private Partnership funds shall coordinate any public announcement of its location in the County with Department staff in order to obtain positive media coverage for the activity. h. Recipients of Program funds will provide on an annual basis a report (including written verification of the annual taxes paid to Roanoke County) of their progress in meeting the terms of the Program Agreement. Such report will be delivered to the Department of Economic Development within 30 days of the anniversary date of the Agreement. Limitations Roanoke County will not pay for any private sewage pre-treatment facilities or waive any ordinances requiring fire protection or industrial discharge certification. Funding Sources Roanoke County shall fund its participation from the General Fund from anticipated tax revenue, or from an Economic Development Fund or other special non-utility funds. The Roanoke County Industrial Development Authority shall administer the payment of financial incentives to each applicant as agreed upon in the negotiated performance agreements. Public Disclosure There shall be disclosure of any financial or other involvement by staff members and elected officials in any public private partnership. Award of Funds Upon the evaluation and decision to enter into an Agreement, the Director of Economic Development will notify the expanding or relocating business/industry in writing. This letter will identify the Countys funding level as well as any other areas of assistance. Aereement A written "Performance Agreement," in a form to be approved by the County Attorney that specifies the terms and obligations of each party will be executed prior to the disbursement of any Program funds. Any questions regarding the preparation of an application for financial assistance under the criteria of the Public Private Partnership Policy should be directed to the Director of Economic Development, P.O. Box 29800, Roanoke, Virginia 24018-0798. Phone (540) 772-2069. V AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, JUNE 28, 2005 ORDINANCE 062805-6 AMENDING AND REPEALING SECTIONS OF CHAPTER 18. SEWERS AND SEWAGE DISPOSAL AND OF CHAPTER 22. WATER OF THE ROANOKE COUNTY CODE WHEREAS, the creation of the Western Virginia Water Authority (WVWA) transferred many of the duties and responsibilities for the regulation of public sewer and water systems from the County to WVWA; and WHEREAS, this transfer of responsibility and authority rendered numerous provisions of the County Code unnecessary; therefore, this ordinance amends and repeals many provisions in Chapter 18. Sewers and Sewer Disposal and Chapter 22. Water of the Roanoke County Code; and WHEREAS, the first reading of this ordinance was held on June 14, 2005; and the second reading was held on June 28, 2005. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the following sections of Chapter 18. Sewers and Sewage Disposal of the County Code are hereby amended and/or repealed as follows: ARTICLE I. IN GENERAL See. 18 2. SanitaFy facilities f0F 006MUses, shows, exhibitions, . No peFSen shall be PeFFnitted to exhibit in the eaunty any side show, d9g and peny show, traffined animal show, Garnival, GiFGUs and menag atheF show, exhabatoon faeolities fOF the peFSennel of the show, Fneeting wit of the county health ARTICLE III. PRIVATE SEWAGE DISPOSAL SYSTEMS" DIVISION 1. GENERALLY Sec. 18-64. Connections to public or private sewers; compliance with article; inspection of septic tank systems; when permits under article become null and void. It shall be unlawful for any septic tank system to be installed or repaired in the county except upon a permit as required in this article. If a public or private sewer is within three hundred (300) feet of the buildings for which the septic tank is to be installed or repaired, or as required by the concurring resolution under § 15.2-5137 of the Code of Virginia, the owner shall be required to connect to the public or private sewer, if the owner of the latter and the elevation permits such connection. No septic tank system shall be installed or repaired in this county except upon such permit as required in this article. All materials used shall strictly comply with all of the specifications required by this article. No septic tank system or any part thereof shall be covered until it has been inspected and approved as complying with the approved plans of the health department. The health department shall not approve the installation of a septic tank system unless so installed, nor permit it to be covered up unless it complies with the 3 - - 31=- rm Sec. 18-64. Connections to public or private sewers; compliance with article; inspection of septic tank systems; when permits under article become null and void. It shall be unlawful for any septic tank system to be installed or repaired in the county except upon a permit as required in this article. If a public or private sewer is within three hundred (300) feet of the buildings for which the septic tank is to be installed or repaired, or as required by the concurring resolution under § 15.2-5137 of the Code of Virginia, the owner shall be required to connect to the public or private sewer, if the owner of the latter and the elevation permits such connection. No septic tank system shall be installed or repaired in this county except upon such permit as required in this article. All materials used shall strictly comply with all of the specifications required by this article. No septic tank system or any part thereof shall be covered until it has been inspected and approved as complying with the approved plans of the health department. The health department shall not approve the installation of a septic tank system unless so installed, nor permit it to be covered up unless it complies with the 3 Petenfial Home Tanks Length Width Ajf 3 OF less 1 11 1 11 1 11 1 11 1 11 1 11 1 11 too 99'011 41611 4-I !1- 443!L- 1480 -916" 41811 11 413!L- 11 7- 1:7201 1 11 1 11 1 11 "L, shal' be th (I) FGF the ioration of th dispesal —i -J, the..-.. - depaFtmeFA-. AF Note- When exist; ng - vvells aFe Riviollypt-A !y come -soil f0ffnations aFe W-4— - Immill shall be inSFeased and eneountered, the fifty (50) feet distance fFGm any - ��Vflly - r -Tin -V d.T--90r-Tln rN f "Mm i -o free of siren OF exaessi 3. MateFial used on rely ane rrl7f top Gf the-twie eL17L shall bbee ssuffilidently fine OF shall be gFaded so as to pfohibit filteFing of backfill 4. The filteF FnateFial e. f ser.UFely lines except wheFe bell FnateFial into shall be level staked spiget pip -&4i-& the tile lines. with tep in the bottom ef the vll-se4. The grade trenrh shall be provided foF all beaFds shall be nailed to sta m n eenteF of the tFensh, as shawn on the plans, OF gFade stakes at intervals of not less than six and one fourth eighths ( 31-811 ineh te- (6 1/4) feet. twelve and one The gFade beaFds aFe half (11-2- 112) feet. te be de of thFee 11 The seat box, vault and flOOF shall be eeveFed by a house built of UpFight beaFds eF etheF suotable mateFials seGUFely nailed to 2" x 4" timber -s. The house shall be PFOYided with -a - ! - - - _ rV The seat box, vault and flOOF shall be eeveFed by a house built of UpFight beaFds eF etheF suotable mateFials seGUFely nailed to 2" x 4" timber -s. The house shall be PFOYided with -a ARTICLE IV. SEWER USE STANDARDS* Sec. 18-151. Definitions. For the purpose of this article, the words and phrases set out in this section shall have the following meanings: Control authority for purposes of this article only shall mean the has duly authOFized Feffesentat Western Virginia Water Authority (WVWA). **** Plant means the Gity ef ReaelEe Western Virginia Water Authority Regional Sewage Treatment Plant. **** 13 (4) Pollutants which create a fire or explosive hazard in the P.O.T.W., including, but not limited to, wastestreams with a closedcup flashpoint of less than one hundred forty (140) degrees Fahrenheit sixty (60) degrees Centigrade using the test methods specified in 40 CFR 261.21. (5) Strong acid or concentrated plating solutions, whether neutralized or not. (6) Fats, wax, grease or oils, from restaurants or other facilities as deemed necessary by the eeunty VINWA, whether emulsified or not, in excess of 100 mg/I or containing substances which may solidify or become viscous at temperatures between thirty-two (32) degrees and one hundred fifty (150) degrees Fahrenheit (00 and 65° Centigrade). (7) Total petroleum hydrocarbons in excess of 200 mg/I. (8) Obnoxious, toxic or poisonous solids, liquids, or gases, vapors, or fumes in quantities sufficient to violate the provisions of subsection (a) of this section. (9) Waste, wastewater or any other substance having a pH lower than 5.0, or greater than 12.5, or any other substance with a corrosive property capable of causing damage or hazard to structures, equipment and personnel at the wastewater facility. (10) Waste, wastewater or any other substance containing phenols, hydrogen sulfide or other taste and odor producing substances that have not been minimized. After treatment of the composite wastewater, effluent concentration limits may not exceed the requirements established by state, federal or other agencies with jurisdiction over discharges to receiving waters. (11) Antimony and beryllium greater than 1.0 mg/1. (12) Hazardous wastes. (13) Trucked or hauled pollutants, except at discharge points designated by the control authority. Companies that truck or haul pollutants to the eaun WVWA sanitary sewer are subject to inspections of their facilities including but not limited to offices, garages, and buildings used to house the trucks. (14) Trucked or hauled industrial wastewater, without prior approval and not meeting all local limits, with the exception that wastewater pumped from restaurant grease traps may only be trucked or hauled and discharged only at a designated area at the wastewater treatment plan. (15) Wastes pumped from oil/water separators. 15 (c) The utility director, or his designee, shall provide written notice by certified mail to the sewer user, property owner or other responsible person of any violation of this ordinance or of section 18-156 of this Code. This notice shall describe the nature of the violation, the corrective measures necessary to achieve compliance, the time period for compliance, the amount of the monthly surcharge until corrected, and the appeal process. Sec. 18-156.3. Surcharge; disconnection. (a) For structures or property with actual or potential discharge, considered to be a Category I defect, the sewer user, property owner or other responsible person shall be given six (6) months to correct the illegal or improper activities or facilities contributing to the discharge, infiltration or inflow into the public sanitary sewer system. If corrective measures to eliminate the illegal or improper discharge, infiltration or inflow into the public sanitary sewer system are not completed and approved by the utility director, or his designee, within six (6) months from the date of the notice provided in section 18- 156.2(c), then the county WVWA shall impose upon the sewer user, property owner or other responsible person a monthly surcharge in the amount of one hundred dollars ($100.00) per month until the required corrective measures are completed and approved. If the property owner or responsible party fails to pay the monthly surcharge when due and payable, then the eeunty WVWA shall terminate the water and sewer connections and service to the property, and disconnect the customer from the system. During and after periods of heavy rainfall resulting in actual or potential inflow or infiltration in excess of two hundred (200) gallons per day, the utility director may in his discretion temporarily terminate the sewer connection to protect the public sewer system and other sewer users. (b) For structures or property with actual or potential discharge, considered to be a Category II defect, the sewer user, property owner or other responsible person shall be given six (6) months to correct the actual or potential illegal or improper activities or facilities contributing to the discharge, infiltration or inflow into the public sanitary sewer system. If corrective measures to eliminate the actual or potential illegal or improper discharge, infiltration or inflow into the public sanitary sewer system are not completed 17 Sec. 18-163. Measurement, sampling, etc., and report of discharges. (a) The owner of each facility discharging other than normal wastewater or discharging Group A wastewater shall upon the written request of the control authority submit monthly, or at such other frequency as may be required by the control authority, to the coup control authority, on forms supplied by the eeunty control authority, a certified statement of the quantities of its wastes discharged into the sewers and sewage works of the county WVWA or into any sewer connected therewith. Copies of pertinent water bills may be required to be submitted with the above statement. Such documents shall be filed with the seun WVWA not later than the tenth day of the following month. A separate statement shall be filed for each industrial plant. The total minimum,quantities of wastes to be measUFed and eeFtified by the peFSOR so disrhaFg;__ established by the contFOl authOFity and shall, as a inel (1) Liquid in nallens- (2) Five-day BOD +n peunds. (3) Suspended seli pounds-, on a dFy solids basis-. (5) Tatal Kjeldahl notFGgen in pounds. (b) Unless otherwise provided, each measurement, test, sampling, or analysis required to be made hereunder shall be made in accordance with 40 C.F.R. Part 136, as amended. 19 chamber, metering device, sampling methods and analyses of samples shall be subject, at any time, to inspection and verification by the county. Sampling and measuring facilities shall be such as to provide safe access for authorized personnel of the county for making such inspection and verification. (g) Plans for sampling chambers, with their locations shown on a site plan, shall be submitted to the county for approval. (h) All owners of facilities governed by this section shall also comply with any applicable monitoring requirements and regulations established by the control authority which are hereby incorporated by reference. (i) All owners of facilities governed by this article shall comply with the applicable requirements of 40 C.F.R. 403.12, as amended, which is incorporated by reference herein, as amended including, without limitation, the signatory, certification and record keeping requirements of 40 C.F.R. 403.12(c), (d), (i), and (1). All records shall be retained for a minimum of three (3) years and this retention period shall be extended during litigation or upon request of the control authority. 0) Sampling for discharge limit compliance shall be taken at the sampling chamber without any dilution factor except for properly classified categorical or significant users. (k) Sampling for prohibited materials may be collected at either the sampling chamber or end of process to determine the absence of Sec. 18-166. Charges generally. Persons making discharges of industrial waste shall pay a charge to cover the cost of collection and treatment in addition to capital costs. When a permit application for industrial waste is approved, the county or its authorized representative control authority shall issue a permit stating -(tee the terms of acceptance by the sett control authority.d 21 23 MWIM I ArZK7-,Wvm - -- - - - -- 0-0 - - - 25 2r-TM 1�c 2, - -7w-- 1 27 T (1) Acids or chemicals damaging to sewer lines or treatment process are released into the sewer causing rapid deterioration of these structures or interfering with proper conveyance and treatment of wastewater; (2) A governmental agency informs the tet} Western Virginia Water Authority that the effluent from the wastewater treatment plant is no longer a quality permitted for discharge into a watercourse, and it is found that the customer is delivering wastewater to the somas Western Virginia Water Authority's system that cannot be sufficiently treated or requires treatment that is not provided by the seuRty Western Virginia Water Authority as normal domestic treatment; or (3) The customer: a. Discharges industrial waste or wastewater that is in violation of the permit issued by the approving authority; b. Discharges wastewater at an uncontrolled, variable rate in sufficient quantity to cause an imbalance in the wastewater treatment system; c. Fails to pay bills for water and sanitary sewer services when due; or d. Repeats a discharge of prohibited wastes into public sewers. (4) The permittee has engaged in fraudulent reporting to the control authority or failed to report adequately as required changes in discharge. (b) If the service is disconnected pursuant to subsection (a)(2) of this section, the seunty Western Virginia Water Authority shall: (1) Disconnect the customer; (2) Supply the customer with the governmental agency's report and provide the customer with all pertinent information; and (3) Continue disconnection until such time as the customer provides additional pretreatment or other facilities designed to remove the objectionable characteristics from his wastes. 31 W_ :A:Lp - " 0.0 lw_ _m md­ AMISS M i MMM r-n-MOK212 -I M=7MM -7M 33 Sec. 22-31. Expansion and establishment --Approval; connection and conveyance to county. (a) No applicant shall supply water in the county until the water system has been approved by the director. Should any water system be disapproved by the director, written notice of the reasons therefor shall be given to the applicant. If no action is taken within ninety (90) days from the date the application is filed with the county and WVWA, then such application shall be deemed to be approved. (b) (1) Where an applicant has previously established a water system and proposes to expand such system in the county, the applicant shall, prior to approval, agree to either: a. Where an existing supply exists, sell water to the eaun WVWA for a specified rate; convey to the seamy VVVWA the new system, exclusive of any supply or storage facility together with appurtenant real estate, at no cost to the seunty VWWA; convey at the cost of construction the expanded supply and storage facility together with the appurtenant real estate and pay a connection fee in accordance with the schedule of current charges for initial water connections; or b. Where a new supply is to be developed, build and convey to the Gouty WVWA at no cost, the complete internal distribution system within the area to be served; convey to the eoun WVWA at cost all well lots on which are located existing wells utilized in the system, wells or other supply, treatment plant, storage facilities and all appurtenant real estate. The oeunty VVVWA shall have the option to participate with the applicant in developing a new supply by paying one-half the cost of drilling, test pumping and chemical analysis, such costs to be reimbursed to the applicant from connection fees if 35 c. In lieu of a. and b., the applicant may convey, at no cost to the eaunty VVVWA, the new water system which will serve the expanded area and pay a connection fee equal to the actual cost of the meters. The requirements contained in paragraphs (1) and (2) above may be waived by the board. Sec. 22-32. Same --Application; compliance with provisions. Except as hereafter noted, the application for a new water system or for the extension of an existing water system shall be made in writing, shall state in detail the type of water supply, the number, nature and location of connections proposed to be served and shall be accompanied by scale drawings showing location and capacity of pumping stations, treatment plants and storage facilities, and pipe sizes and materials of the proposed water distribution facilities; including mains, valves, fire hydrants and other appurtenances together with such other information as the director may require. It shall be unlawful for any person to begin construction of a water system in a new subdivision or expansion of a water system in an existing subdivision, housing development or complex prior to submission and approval of the plans for the water system therein having been obtained from the director. No new water system or extension of an existing water system in the county serving or being capable of serving three (3) or more living units shall be operated until all provisions of this chapter are complied with by the applicant, except when such system is in an agricultural zone where the total development will consist of less than fifteen (15) units or in residentially zoned areas with lot minimums of forty thousand (40,000) square feet and one hundred fifty (150) feet of road frontage, and the total development will be less than fifteen (15) lots. 37 - -- - W Should the owner of the water system desire to replace such water supply or should he desire to make repairs exceeding twenty-five (25) percent of the replacement cost of the entire water system, such owner shall conform to the requirements of this chapter. or FeFneve 41 Zia or FeFneve 41 43 45 Mil ffej _- _ -_ ------------ 45 47 "ERG." C/Q h .ne+er OF EDf` TABLE 11 OFF SITE FACILITIES CCC TABLE MET,. 49 51 ARM - - ... 51 k MA 53 the meteF tO FegisteF, the eensuFneF shall be billed fGF such amount as is shown t k MA 53 When the neCtOF using wateF i L-Rds te Fneve, he shall give the imet— at least thFee (3) days' notice. Any peFsen vaeating aRy PF a ses without payiRg his utility seFviee bell shall not have utility sepvioe initiated OF oentinued at any new pFeFnises within the County of Reanake until the -amount sq due fFGFn him shall have been p .. I IT Fo's I TTA NO "I 'i M MW ' - - station apfons, and otheF suFfaGe aFeas oeveFed with bFick, paying, file, or otheF mate 49 57 mlmp 57 That any provision of the Roanoke County Code not specifically amended or repealed above shall remain in full force and effect as adopted. 4. That this ordinance shall be in full force and effect from and after its passage. At MMUMEWIL-T 11j.1 MIA .. AT& ETA - - - - - - - - - - TIM MT IN X3 That any provision of the Roanoke County Code not specifically amended or repealed above shall remain in full force and effect as adopted. 4. That this ordinance shall be in full force and effect from and after its passage. At 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 61 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 28, 2005 RESOLUTION 062805-7 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for June 28, 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 9, inclusive, as follows: 1. Approval of minutes — June 14, 2005 2. Request from the Library to accept and appropriate funds in the amount of $8,000 from the Library of Virginia, acting as administrator for the Gates Foundation "Staying Connected" grant program 3. Resolution establishing salaries for the County Administrator and County Attorney 4. Request from schools to appropriate grant funds in the amount of $225 from the Virginia Commission for the Arts 5. Request from schools to appropriate a donation in the amount of $1,520.42 from the Hand in Hand Committee for the support of advertising efforts for the annual Parent Fair 6. Request from schools to appropriate funds in the amount of $307.98 from Virginia Western Community College for dual enrollment revenues 7. Request from schools to appropriate grant funds in the amount of $36,581 from the Virginia Department of Education 8. Approval of contract to provide Commonwealth's Attorney services to the Town of Vinton for $6,000 and appropriation of funds for fiscal year 2005-2006 1 9. Confirmation of committee appointment to Parks, Recreation and Tourism Advisory Commission 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 Altizer to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None A COPY TESTE: kI f-) 10 ) q , N 1 Diane S. Chil ers, CMC Clerk to the Board of Supervisors cc: File Dr. Lorraine Lange, Deputy Superintendent Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board Rebecca Owens, Director, Finance Paul Mahoney, County Attorney Diane Hyatt, Chief Financial Officer Joseph Sgroi, Director, Human Resources Ragena Jordan, Human Resources Diana Rosapepe, Director of Library Services Randy Leach, Commonwealth's Attorney FA ACTION NO. A -062805-7.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: June 28, 2005 AGENDA ITEM: Request from the Library to accept and appropriate funds in the amount of $8,000 from the Library of Virginia, acting as administrator for the Gates Foundation "Staying Connected" grant program SUBMITTED BY: Diana L. Rosapepe Director of Library Services APPROVED BY: Dan R. O'Donnell Assistant County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Using funds from the Bill & Melinda Gates Foundation "Staying Connected" program, the Library of Virginia has offered $8,000 training grants to each of nine public library regions in Virginia. The grants specify that funds must be used to assist the libraries in providing staff training on the use and support of public access computing. Because Roanoke County Public Library (RCPL) already has an established training structure in place and has previously offered technology -related instruction to the staff of area libraries, the Library of Virginia and members of the Roanoke Valley Library consortium asked that RCPL act as grant applicant and fiscal agent for this region. The conditions of the grant require that RCPL submit training proposal(s) before funds can be used, an evaluation form for each event, and an annual report documenting expenditures. Training must be completed by January 10, 2007, and funds expended by April 30, 2007. FISCAL IMPACT: No additional funding will be required. ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends acceptance and appropriation of grant funds in the amount of $8,000 to the Library's operating budget. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved cc: File Diana Rosapepe, Director of Library Services Rebecca Owens, Director, Finance Yes No Abs Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Altizer ® ❑ ❑ cc: File Diana Rosapepe, Director of Library Services Rebecca Owens, Director, Finance AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, JUNE 28, 2005 RESOLUTION 062805-7.b ESTABLISHING SALARIES FOR THE COUNTY ADMINISTRATOR AND THE COUNTY ATTORNEY WHEREAS, the Board of Supervisors of Roanoke County, Virginia, hereby establishes the salaries for the County Administrator and the County Attorney for fiscal year 2005-2006. BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the annual salary for the County Administrator shall be increased from $134,063.47 to $139,426.01. 2. That the annual salary for the County Attorney shall be increased from $114,151.45 to $118,717.51, plus the County longevity supplement. 3. That the effective date for the establishment of these salaries shall be July 1, 2005. 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 A OPY TESTE: Diane S. Childers, CMC Clerk to the Board of Supervisors Cc: File Paul Mahoney, County Attorney Diane Hyatt, Chief Financial Officer Rebecca Owens, Director, Finance Joseph Sgroi, Director, Human Resources Ragena Jordan, Human Resources ACTION NO. A -062805-7.c ITEM NO. J-4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 28, 2005 AGENDA ITEM: Request from schools to appropriate grant funds in the amount of $225 from the Virginia Commission for the Arts SUBMITTED BY: Dr. Lorraine Lange Deputy Superintendent APPROVED BY: Dan R. O'Donnell Assistant County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County Schools received a grant in the amount of $1,500 from the Virginia Commission for the Arts (VCA). An amount of $1,275 was received in September 2004. The remaining $225 was to be sent to the school division upon receipt and approval by the VCA of the final repo rt/eva I uation. The initial installment was approved for appropriation in September. This request is for appropriation of the final installment of $225 which has been received. FISCAL IMPACT: The instructional budget will be increased by $225.00. ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends that the final installment of $225.00 from the Virginia Commission for the Arts grant be appropriated to budget code 797620-6301. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved cc: File Dr. Lorraine Lange, Deputy Superintendent Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board Rebecca Owens, Director, Finance Yes No Abs Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Altizer ® ❑ ❑ cc: File Dr. Lorraine Lange, Deputy Superintendent Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board Rebecca Owens, Director, Finance ACTION NO. A -062805-7.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: June 28, 2005 AGENDA ITEM: Request from schools to appropriate a donation in the amount of $1,520.42 from the Hand in Hand Committee for the support of advertising efforts for the annual Parent Fair SUBMITTED BY: Dr. Lorraine Lange Deputy Superintendent APPROVED BY: Dan R. O'Donnell Assistant County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: A donation in the amount of $1,520.42 has been made to Roanoke County Schools for the purpose of supporting advertising efforts for the annual Parent Fair. The donation will be used for advertising expenses associated with the Parent Fair to be held in October 2005. The community service group, the Hand in Hand Committee, hopes their donation will help increase the number of parents and families that attend the annual event. FISCAL IMPACT: Budget code 817923-3007 will be increased by $1,520.42. ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends that the donation in the amount of $1,520.42 from the Hand in Hand Committee be appropriated to budget code 817923-3007. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved cc: File Dr. Lorraine Lange, Deputy Superintendent Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board Rebecca Owens, Director, Finance Yes No Abs Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Altizer ® ❑ ❑ cc: File Dr. Lorraine Lange, Deputy Superintendent Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board Rebecca Owens, Director, Finance ACTION NO. A -062805-7.e 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: June 28, 2005 AGENDA ITEM: Request from schools to appropriate funds in the amount of $307.98 from Virginia Western Community College for dual enrollment revenues SUBMITTED BY: Dr. Lorraine Lange Deputy Superintendent APPROVED BY: Dan R. O'Donnell Assistant County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County Schools and Virginia Western Community College (VWCC) have an agreement whereby the college provides college level courses in English, US History, and certain vocational subjects. The courses are taught by Roanoke County teachers who meet the college's criteria for adjunct professors. Monies that have been collected exceed the expenses. Roanoke County Schools added students to the dual enrollment count for second semester. VWCC reimbursed the school system $307.98 for services rendered. FISCAL IMPACT: The instructional budget will be increased by $307.98. ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends that the reimbursement of $307.98 by VWCC be appropriated to the instructional program. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved cc: File Dr. Lorraine Lange, Deputy Superintendent Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board Rebecca Owens, Director, Finance Yes No Abs Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Altizer ® ❑ ❑ cc: File Dr. Lorraine Lange, Deputy Superintendent Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board Rebecca Owens, Director, Finance ACTION NO. A -062805-7.f 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: June 28, 2005 AGENDA ITEM: Request from schools to appropriate grant funds in the amount of $36,581 from the Virginia Department of Education SUBMITTED BY: Dr. Lorraine Lange Deputy Superintendent APPROVED BY: Dan R. O'Donnell Assistant County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County Schools and Family Service of Roanoke Valley have worked in partnership for seven years to primarily focus on serving higher risk students. Family Service Staff assists Roanoke County Staff in coordinating community based service learning projects for students. Roanoke County Schools will continue to offer service learning opportunities in Year 2 to approximately 50 high school students and will expand to include at least 20 middle school students. Objectives will continue to include impacting and improving performance on SOL testing, attendance, grades and behavior in school. FISCAL IMPACT: A grant in the amount of $36,581 has been awarded. An in-kind match is required which is allocated in the current budget. No new funds will be expended. ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends that grant funds in the amount of $36,581 from the Virginia Department of Education be appropriated to the Guidance Department budget (797331) to continue offering service learning opportunities. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved cc: File Dr. Lorraine Lange, Deputy Superintendent Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board Rebecca Owens, Director, Finance Yes No Abs Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Altizer ® ❑ ❑ cc: File Dr. Lorraine Lange, Deputy Superintendent Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board Rebecca Owens, Director, Finance ACTION NO. A -062805-7.g 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: June 28, 2005 AGENDA ITEM: Approval of contract to provide Commonwealth's Attorney services to the Town of Vinton for $6,000 and appropriation of funds for fiscal year 2005-2006 SUBMITTED BY: Diane D. Hyatt Chief Financial Officer APPROVED BY: Dan O'Donnell Assistant 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's, 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 beginning July 1, 2004. This money is paid as a salary supplement to the four Assistant Commonwealth's Attorneys, who added these cases to their existing workload. The initial contract was for a one year period from July 1, 2004 through June 30, 2005. The arrangement has worked well for both parties, and they would like to renew the contract for another year with the same terms. FISCAL IMPACT: The Town will pay the County $6,000 to provide legal services for the 2005-2006 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: 1. Approve the attached contract for the County Commonwealth's Attorney Office to provide legal services to the Town of Vinton for the 2005-2006 fiscal year. 2. Appropriate 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 in 2005-2006. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved cc: File Diane Hyatt, Chief Financial Officer Randy Leach, Commonwealth's Attorney Rebecca Owens, Director, Finance Paul Mahoney, County Attorney F Yes No Abs Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Altizer ® ❑ ❑ cc: File Diane Hyatt, Chief Financial Officer Randy Leach, Commonwealth's Attorney Rebecca Owens, Director, Finance Paul Mahoney, County Attorney F 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, 2005 and ending on June 30, 2006. 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. JA 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 SIGNATURE: COUNSEL SIGNATURE: ROANOKE COUNTY SIGNATURE: Title: Title: Title: ACTION NO. A -062805-7.h 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: June 28, 2005 AGENDA ITEM: Confirmation of appointment to the Parks and Recreation Advisory Commission SUBMITTED BY: Diane S. Childers Clerk to the Board APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Parks and Recreation Advisory Commission (Appointed by District) At the June 28, 2005 meeting, Supervisor McNamara nominated Bob Schell to represent the Windsor Hills Magisterial District and serve a three-year term that will expire on June 30, 2008. He requested that confirmation of this appointment be placed on the consent agenda. STAFF RECOMMENDATION: It is recommended that the above appointment to the Parks and Recreation Advisory Commission be confirmed. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved cc: File Parks and Recreation Advisory Committee Yes No Abs Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Altizer ® ❑ ❑ cc: File Parks and Recreation Advisory Committee AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 28, 2005 RESOLUTION 062805-8 OF APPRECIATION TO FRANK F. "JACK" GEE, JR. FOLLOWING 31 YEARS OF SERVICE AT THE MOUNT PLEASANT VOLUNTEER FIRE COMPANY WHEREAS, Frank F. "Jack" Gee, Jr., joined the Mount Pleasant Volunteer Fire Company on November 17, 1973, and retired in December 2004, after thirty-one years of active duty; and WHEREAS, Mr. Gee held the rank of Captain from 1987 until 1994 when he retired and returned to active duty as a firefighter; and WHEREAS, Mr. Gee served as the Company's Treasurer from 1994 until his retirement from active duty in 2004; and WHEREAS, Mr. Gee served on the Roanoke County Fire Chiefs' Board as a volunteer representative with the late T. E. Wagner, Chief of the Mount Peasant Volunteer Fire Company, for many years; and WHEREAS, Mr. Gee also served on the Roanoke County Fire and Rescue Accident Review Board for many years before his retirement; and WHEREAS, Mr. Gee has performed a crucial role in protecting the life and property of citizens in one of the most hazardous profession, and Roanoke County is very fortunate to have benefited from his dedication and many years of experience; and WHEREAS, Mr. Gee has served with professionalism and integrity and through his volunteer efforts with the Mount Pleasant Volunteer Fire Company has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to FRANK F. "JACK" GEE, JR., for thirty-one years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. On motion of Supervisor Wray to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None A C PY TESTE: Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File Resolutions of Appreciation File AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, TUESDAY, JUNE 28, 2005 ORDINANCE 062805-9 TO CHANGE THE ZONING CLASSIFICATION OF A 50 -ACRE TRACT OF REAL ESTATE LOCATED NORTHWEST OF THE 5800 BLOCK OF CRUMPACKER DRIVE (TAX MAP NO. 39.00-1 -1) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF AG -3 TO THE ZONING CLASSIFICATION OF R-1 WITH CONDITIONS UPON THE APPLICATION OF FRALIN & WALDRON, INC. WHEREAS, the first reading of this ordinance was held on April 26, 2005, and the second reading and public hearing were held May 24, 2005 and continued to June 28, 2005; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on May 3, 2005 and continued to June 7, 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 50 acres, as described herein, and located northwest of the 5800 block of Crumpacker Drive and 6200 block of Apple Harvest Drive (part of Tax Map Number 39.00-1-1) in the Hollins Magisterial District, is hereby changed from the zoning classification of AG -3, Agriculture/Rural Preserve District, to the zoning classification of R-1, Low Density Residential District. 2. That this action is taken upon the application of Fralin & Waldron, Inc. 3. That the owner of the property has voluntarily proffered in writing the following condition which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: 1 (1) Total lot subdivision will not exceed 65 lots and will be generally consistent with the submitted "Concept Plan Showing Future Sections of the Orchards," dated March 23, 2005, prepared by Lumsden Associates, P.C. 4. That said real estate is more fully described as follows: BEGINNING at a point on the northerly boundary of property of F&W Community Development Corporation, Tax Map #40.01-1-1, said point also being the northeasterly corner of property of April G. Lail, Tax Map #39.12-2-24; thence leaving F&W Community Development Corporation and with April G. Lail, N. 57° 11' 19" W. passing the northwesterly corner of said property at 405.82 feet and thence with northerly boundary of Douglas R. and Karen S. Carter, in all 931.93 feet, to a point, said point being the northwesterly corner of property of Douglas R. and Karen S. Carter; thence leaving Carter and with 12 new zoning lines through the property of James M. Crumpacker, Jr., Jean C. Brown and Debra C. Moore, as follows: thence N. 19° 24'48" E. 995.03 feet to a point; thence N. 320 0631" W. 311.90 feet to a point; thence N. 37° 04' 08" E. 570.32 feet to a point; thence S. 710 29' 13" E. 819.85 feet to a point; thence S. 490 24' 25" E. 85.49 feet to a point; thence S. 050 23' 07" E. 94.24 feet to a point; thence S. 500 25' 18" E. 57.49 feet to a point; thence S. 210 29'23" E. 101.54 feet to a point; thence S. 43° 13'14" E. 142.14 feet to a point; thence S. 180 48' 17" W. 230.83 feet to a point; thence S. 13° 12'34" E. 172.58 feet to a point; thence S. 480 34' 02" E. 189.64 feet to a point; said point located on the northerly boundary of property of F&W Community Development Corporation; thence with F&W Community Development Corporation, S. 400 48'09" W. 905.62 feet to a point, said point being the northeasterly corner of Roanoke County Board of Supervisors property, Tax Map #39.00-1-1.1; thence leaving F&W Community Development Corporation and with Roanoke County Board of Supervisors for the following 4 courses, N. 09° 11' 29" W. 130.55 feet to a point; thence N. 390 02' 52" W. 151.65 feet to a point; thence S. 370 35' 27" W. 116.97 feet to a point; thence S. 370 59'02" E. 246.85 feet to a point, said point located on the northerly boundary of F&W Community Development Corporation; thence leaving Roanoke County Board of Supervisors and with F&W Community Development Corporation, S. 400 48'05" W. 375.22 feet to the place of beginning, and containing 50.1 acres. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. 2 On motion of Supervisor Flora to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None A COPY TESTE: 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 AgM HATChO MEA XWES Wnr LUIS OF TAW Lor. RWJRX PORIM 7D COMVM IID W AIDS AMALVOK W— ATAS SPOW a f/ � s so7sie• E ....rte • ���T 1 � y � CONCEPT PLAN SHOWING - FUTURE SEC71ONS OF + e "THE ORCHARDS"/\ I l t _Y I t FOR THE PROPERTY OF i JAMES M. CRUMPACKER JR., JEAN C. BROWN y� / /� AND DEBRA C. MOORS ' I ` ' / ' ^ • I ! FOR THE BENEFIT OF GRAPHIC SCALE FP.ALIN AND WALDRON, INC. ° zoo aoo eoo I'°° SITUATED ALONG CIDERHOUSE DRIVE r>� ROANOKE COUNTY, VIRGINIA i inch — 400 ft DATE: March !23, 2005 LUMSDEN ASSOCIATES, P.C. SCALE: NGINEERS-SURVEYORS-PLANNERS COMM. NO.:=400' ROANOKE, VIRGINIA 03-324 4664 BRAMBLETON AVENUE PHONE: (540) 774-4411 P.O. BOX 20669 FAX: (540) 772-9445 SHEET 2 OF 3 1 ROANOKE, VIRGINIA 24018 E-MAIL: MAIL@LUMSDENPC.COM f:\2003\03324\eng\03324prelim-hb.dwg ....rte • ���T 1 � y � CONCEPT PLAN SHOWING - FUTURE SEC71ONS OF + e "THE ORCHARDS"/\ I l t _Y I t FOR THE PROPERTY OF i JAMES M. CRUMPACKER JR., JEAN C. BROWN y� / /� AND DEBRA C. MOORS ' I ` ' / ' ^ • I ! FOR THE BENEFIT OF GRAPHIC SCALE FP.ALIN AND WALDRON, INC. ° zoo aoo eoo I'°° SITUATED ALONG CIDERHOUSE DRIVE r>� ROANOKE COUNTY, VIRGINIA i inch — 400 ft DATE: March !23, 2005 LUMSDEN ASSOCIATES, P.C. SCALE: NGINEERS-SURVEYORS-PLANNERS COMM. NO.:=400' ROANOKE, VIRGINIA 03-324 4664 BRAMBLETON AVENUE PHONE: (540) 774-4411 P.O. BOX 20669 FAX: (540) 772-9445 SHEET 2 OF 3 1 ROANOKE, VIRGINIA 24018 E-MAIL: MAIL@LUMSDENPC.COM f:\2003\03324\eng\03324prelim-hb.dwg AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 28, 2005 ORDINANCE 062805-10 GRANTING A SPECIAL USE PERMIT TO DANIEL W. DOSS FOR THE OPERATION OF A USED AUTOMOBILE DEALERSHIP ON .467 ACRES TO BE LOCATED AT 6717 WILLIAMSON ROAD (TAX MAP NO. 27.184-3) HOLLINS MAGISTERIAL DISTRICT WHEREAS, Daniel W. Doss has filed a petition for a special use permit for the operation of a used automobile dealership on .467 acres located at 6717 Williamson Road (Tax Map No. 27.18-4-3) in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on June 7, 2005; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on May 24, 2005; the second reading and public hearing on this matter was held on June 28, 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 Daniel W. Doss for the operation of a used automobile dealership on .467 acres located at 6717 Williamson Road in the Hollins Magisterial District is substantially in accord with the adopted 2000 Community Plan, as amended, 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) Landscaping shall include a ten -foot planting adjacent to any public street right-of-way. Within this planting strip, one large deciduous, large evergreen or 1 f" small deciduous tree shall be planted every thirty (30) linear feet. Such planting materials shall otherwise comply with the landscaping requirements contained in Section 30-92 of the Zoning Ordinance (2) The maximum number of vehicles allowed on site for sale is 25. (3) Operating hours shall be limited to Monday — Saturday 9 a.m. to 6 p.m. and no business allowed on Sunday. (4) No changes shall be made to existing building except those of a cosmetic nature. 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 Flora to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None A COPY TESTE: 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 6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 28, 2005 ORDINANCE 062805-11 TO INCREASE THE SALARIES OF THE MEMBERS OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY PURSUANT TO SECTION 3.07 OF THE ROANOKE COUNTY CHARTER AND SECTION 15.2-1414.3 OF THE CODE OF VIRGINIA WHEREAS, Section 3.07 of the Charter of the County of Roanoke provides for the compensation of members of the Board of Supervisors and the procedure for increasing their salaries; and WHEREAS, Section 15.2-1414.3 of the 1950 Code of Virginia, as amended, establishes the annual salaries of members of boards of supervisors within certain population brackets; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has heretofore established the annual salaries of Board members at $14,246.15 by Ordinance 062204-14 and further has established the additional annual compensation for the chairman for the Board to be $1,800 and for the vice-chairman of the Board to be $1,200; and WHEREAS, this section provides that the maximum annual salaries therein provided may be adjusted in any year by an inflation factor not to exceed five (5%) percent; and WHEREAS, the first reading on this ordinance was held on June 14, 2005; the second reading and public hearing was held on June 28, 2005. NOW, THEREFORE, it is hereby ORDAINED by the Board of Supervisors of Roanoke County, Virginia, that the annual salaries of members of the Board of Supervisors of Roanoke County, Virginia, are hereby increased by an inflation factor of 4% pursuant to the provisions of Section 3.07 of the Roanoke County Charter and Section 15.2-1414.3 of the 1950 Code of Virginia, as amended. The new annual salaries shall be $14,816 for members of the Board. In addition, the chairman of the Board will receive an additional annual sum of $1,800 and the vice-chairman of the Board will receive an additional sum of $1,200. This ordinance shall take effect on July 1, 2005. On motion of Supervisor Flora to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None A qPPY TESTE: 61a ) (� 49017n) Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File Paul Mahoney, County Attorney Diane Hyatt, Chief Financial Officer Rebecca Owens, Director, Finance Joseph Sgroi, Director, Human Resources Ragena Jordan, Human Resources