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HomeMy WebLinkAbout11/15/2005 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 15, 2005 RESOLUTION 111505-1 OF CONGRATULATIONS TO ELMER C. HODGE UPON HIS 20T ANNIVERSARY AS ADMINISTRATOR FOR THE COUNTY OF ROANOKE WHEREAS, Elmer C. Hodge was appointed as Administrator for the County of Roanoke, Virginia, on November 7, 1985; and WHEREAS, under Mr. Hodge's capable guidance and direction for the past twenty years, many County projects have been accomplished which include the following: • Roanoke County being named an All America City • Construction of Smith Gap Landfill • Design and construction of Spring Hollow Reservoir • Creation of the Roanoke County Police Department • $100 million in support for school capital construction projects • Development of the Center for Research and Technology • Development of the Vinton Business Center • Construction of a new Public Safety Center WHEREAS, Mr. Hodge has assembled a strong management team, encouraging individual responsibility while fostering a group approach to problem solving, and providing many opportunities for training and education for all employees; and WHEREAS, Mr. Hodge is respected among other government leaders and is known for his calm, even-tempered management style that facilitates the cooperation and partnerships necessary to move forward with collaborative projects; and WHEREAS, Mr. Hodge has supported the following regional initiatives: Roanoke Regional Airport Commission; Roanoke Valley Resource Authority; Virginia's Explore Park and the Blue Ridge Parkway Visitor Center; Roanoke Valley Regional Fire/EMS Training Center; joint staffing of the Clearbrook Fire Station; Western Virginia Water Authority; Western Virginia Regional Jail Authority; Laurel Mountain Police Driving Center and the Roanoke Regional Firearms Training Center; and WHEREAS, Mr. Hodge has shown his support for his community by participating in numerous professional, church and civic organizations, among them the International City/County Management Association, the Roanoke Valley Economic Development Partnership Executive Committee, the Western Virginia Water Authority Board of Directors, and the United Way of Roanoke Valley Board of Directors. He is a past president of the Virginia Local Government Management Association and has also been active in the Leadership Roanoke Valley program; and NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Roanoke, Virginia, offers its sincere congratulations to ELMER C. HODGE upon his 20th Anniversary as Administrator for the County of Roanoke and expresses its appreciation to Mr. Hodge for his contributions which have enhanced the quality of life for the citizens of Roanoke County. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None A COPY TESTE: kilia'a")cn) , Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File Resolutions of Appreciation File 011 ACTION NO. A-111505-2 ITEM NO. E-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 15, 2005 AGENDA ITEM: Presentation of the results of operations for the fiscal year ended June 30, 2005 and appropriation of funds SUBMITTED BY: Rebecca E. Owens Director of Finance APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: KPMG LLP has completed their audit of the financial operations of the County of Roanoke and the County of Roanoke Schools for the year ended June 30, 2005. The County will receive a favorable opinion. The Comprehensive Annual Financial Report will be distributed to the Board of Supervisors as soon as it is received from the printer. The Audit Committee meeting originally scheduled for today was rescheduled for December 6, 2005 at 2 p.m. due to a scheduling conflict for the auditors, however we did not want to delay the presentation of the results of operations for the year ended June 30, 2005 and appropriation of funds. The information in this report is the same information that was presented at the worksession on September 27, 2005. Revenues of the County of Roanoke for the Year Ended June 30, 2005: The County operations for the year ended June 30, 2005 resulted in general fund revenues $1,837,478 over budget as shown on Attachment I. The additional revenues collected were primarily from increased tax collections in the areas of real estate, recordation and conveyance tax, bank franchise tax and cellular phone tax. This is attributed to a more positive economic climate. A detailed analysis of the general fund revenues is outlined in Attachment Il. Fee for Service revenues exceeded budget by $54,393. At the time the Ambulance Fee was approved, these revenues were verbally committed to Fire and Rescue and will need to be appropriated accordingly. Staff recommends appropriating $54,393 to Fire and Rescue capital account. This leaves a balance of $1,783,085. During 2004-05, the School Board and Board of Supervisors adopted a joint funding policy to provide for a sustainable funding stream for school and county capital improvements in future years. The polices for use of general fund revenues and expenditures in excess of budget at year end designates portions of year-end balance for major and minor capital projects as well as to the general fund unappropriated balance. Based upon these policies, staff recommends the following appropriations: $1,103,457 to be added to the general fund unappropriated balance. This will increase the General Fund Unappropriated Balance from $11,808,285 to $12,911,742 at June 30, 2005 which is 8.28% of the 2005-2006 General Fund Revenues as shown on Attachment III. No action is required from the Board for these funds to close to the unappropriated balance. $679,628 to be appropriated to the Major County Capital Reserve. Expenditures of the County of Roanoke for the Year Ended June 30, 2005: Departmental expenditure savings were $1,416,242 as shown on Attachment IV. From this amount, the Board previously approved at the August 23, 2005 funding for additional Animal Control Officers in the amount of $70,460 from year end money. Based upon the policy for use of unspent expenditure appropriations at year end, departments are able to request up to 60% of the savings within their own department for special purchases and programs approved by the County Administrator and the remaining reverts to the Minor County Capital Reserve for future projects. Based upon this policy, staff recommends the following appropriations: • Department rollovers totaling $561,423 outlined in Attachment V. • $784,359 to be appropriated to the Minor County Capital Reserve. STAFF RECOMMENDATION: The Board has previously approved either by policy or board action the above items noted and the only actions required by the Board are to: 1. Appropriate the Fee for Service in excess of budget of $54,393 to Fire and Rescue capital account. 2. Appropriate $679,628 to the Major County Capital Reserve. 3. Appropriate $784,359 to the Minor County Capital Reserve. 2 VOTE: Supervisor Flora motion to approve staff recommendation and appropriate (1) Fee for Service in excess of budget of $54,393 to Fire and Rescue capital account; (2) $679,628 to the Major County Capital Reserve; and (3) $784,359 to the Minor County Capital Reserve. Motion Approved cc: File Rebecca Owens, Director, Finance Diane Hyatt, Chief Financial Officer Chief Rick Burch, Fire & Rescue 3 Yes No Abs Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Altizer ® ❑ ❑ cc: File Rebecca Owens, Director, Finance Diane Hyatt, Chief Financial Officer Chief Rick Burch, Fire & Rescue 3 County of Roanoke, Virginia Summary of General Operating Fund Revenues For the Year Ended June 30, 2005 Revenues and transfers Excess Fire and Rescue Fees (Requires board action for appropriation) Total amount available from revenue collections above budget Use of revenue collections above budget: Addition to General Fund Unappropriated Balance Transfer to Major County Capital Reserve (Requires board action) Total use of revenue collections above budget Budgeted Actual Revenues Revenues $ 137,358,222 $ 139,195,700 E —f Attachment I Amount $ 1,837,478 (54,393) $ 1,783,085 $ 1,103,457 679,628 $ 1,783,085 Page 3 c M O pC7 c� 0'I N (- to to (D C'I T T N T r CD �- M r- (D S OD N 04 7 M M 1n O M N M O O w y C M t7 tb Or) co m m CD ul dN N In TN CD MA M na0rd1C) N CD I`,, M M aco 17t M N C 0 O (O M N 'TC n M -0 (O u') M M_ MC.� h CV N 't I: t- V N O N O H3 Lo O 00 O O Co 10,(D in N t Cn M M (D N F- Cl) N Cl) in Cl) CD O N M tit `-' CA 0 C CD (fl 0) O. 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N C Cn 1 ._ N CD N O V N V m �d0J�mm2 2o0aLL7)U5xCo)LLQ' H C(! ` d� 3 - 2 --a -- 0 GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Unaudited Balance at June 30, 2005 Addition from 2004-05 Operations Audited Balance at June 30, 2005 Unallocated revenue 2005-2006 Balance at November 15, 2005 Amount Attachment III % of General Fund Revenues $ 11,808,285 7.57% 1,103,457 12,911,742 8.28% 350,000 $ 13,261,742 8.50% Note: On December 21, 2004, the Board of Supervisors adopted a policy to maintain the General Fund Unappropriated Balance for 2005-06 at a range of 7.5%-8.5% of General Fund Revenues 2005 - 2006 General Fund Revenues $156,020,489 7.5% of General Fund Revenues $11,701,537 8.5% of General Fund Revenues $13,261,742 page 5 County of Roanoke, Virginia Summary of General Operating Fund Expenditures For the Year Ended June 30, 2005 Expenditures, encumbrances, and transfers Use of expenditure savings: Previously approved items: Animal Control Officers approved at 8/23/05 meeting Budgeted Actual Expenditures Expenditures Attachment IV Amount $ 141,365,916 $ 139,949,674 $ 1,416,242 Approved based on policy: Departmental rollover per policy Transfer to Minor County Capital Reserve (Requires board action) Total use of expenditure savings $ 70,460 561,423 784,359 $ 1,416,242 Page 6 Lam_ 1 FY05 to FY06 Attachment V Department Rollover Requests 8-1 Department Need Request Human Resources Scanning equipment, additional licenses and related software $ 5,859 Economic Development Update computers and data processing equipment 7,584 Commissioner of Revenue Certification Classes (Training) 3,000 Update computers 3,800 Equipment (folding machine, shredder, NADA software update) 2,200 Commissioner of Revenue Subtotal 9,000 Treasurer Upgrade teller stations 20,000 Court approved auction expenses 9,459 Treasurer Subtotal 29,459 Clerk Circuit Court Update computers and equipment 6,250 General District Court Reupholster furniture Judge Raney & Judge LIlley's office 623 Assistant County Admin Update Color Printer - Management Services 1,307 Update Computer - Human Services 478 Assistant County Admin Subtotal 1,784 Real Estate Valuation Update Computers & Replace Conference Room Chairs 3,984 AO Feld Hardware Capital Project 7,000 Real Estate Valuation Subtotal 10,984 Finance Update Computers - Central Accounting 6,965 Update Computers - Payroll 14,049 Update Computer - CFO 2,290 Update Computers - Purchasing 3,286 Finance Subtotal 26,590 Management & Budget Update printer 1,269 Police Furniture for Public Safety Building 31,236 Fire and Rescue Furniture for Public Safety Building 42,925 Community Development Small Capital - Furniture, Interior Alterations to expand dept 83,083 Vehicle (for increased staff) 25,000 Community Development Subtotal 108,083 General Services Smaller automated garbage truck to service narrow roads 75,000 Renovations for Hollins Library (roof replacement, carpet, paint) 139,307 General Services Subtotal 214,307 Parks & Rec Starkey flood control project, Starkey picnic pavilion, update PCs 18,392 Social Services Replace computers in training room 25,000 LCD Projector 2,100 Update office fumlture 5,500 Alpha Smarts 1,832 Infant car seats 500 Video Conference Equipment 6,100 Update fax machine 1,000 Future purchase of Easy Filer System 2,487 Social Services Subtotal 44,519 Elections Update computers and software 2,558 Total Department Rollover Requests $ 561,423 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 15, 2005 RESOLUTION 111505-3 ASSIGNING THE OPTION TO PURCHASE LAND FROM HIGGINBOTHAM FARMS TO THE WESTERN VIRGINIA REGIONAL JAIL AUTHORITY WHEREAS, Action No. A-011105-7 adopted by the Board of Supervisors at their meeting held on January 11, 2005, authorized staff to obtain an option to purchase land from Higginbotham Farms and authorized payment of an option fee in the amount of $10,000, said land to be used for the proposed regional jail; and WHEREAS, Action No. A-052405-3 adopted by the Board of Supervisors at their meeting held on May 24, 2005, authorized extension of this option until April 30, 2006 and authorized payment of a supplemental option fee in the amount of $20,000 as prescribed in the option agreement; and WHEREAS, due diligence testing has been completed at a cost to the County of $10,804.16 for the Environmental Assessment; and WHEREAS, the Western Virginia Regional Jail Authority is now constituted and has obtained interim financing which provides for the purchase of land, the award of contracts, and the design of the regional jail facility; and WHEREAS, at their meeting on November 3, 2005, the Western Virginia Regional Jail Authority approved a motion to request that the option to purchase land from Higginbotham Farms be assigned by Roanoke County to the Regional Jail Authority as provided in Section 10 of said option agreement; in exchange for this assignment the Regional Jail Authority approved repayment to the County of the $30,000 option fees and the $10,804.16 environmental assessment fees; and WHEREAS, the Western Virginia Regional Jail Authority will assume the responsibility of applying for the rezoning of the property, the Section 15.2-2232 review, the special use permit, and all other functions required for this land purchase. NOW THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Option to Purchase Land between the Board of Supervisors and Higginbotham Farms, LLC dated January 20, 2005, be, and hereby is, assigned to the Western Virginia Regional Jail Authority in exchange for the reimbursement by the Regional Jail Authority of the options fees in the amount of $30,000 and the Environmental Assessment cost in the amount of $10,804.16 previously paid by Roanoke County. 2. That the Clerk to the Board of Supervisors is hereby directed to send a copy of this Resolution to the Western Virginia Regional Jail Authority and Higginbotham Farms, LLC. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Wray, Flora, Altizer NAYS: Supervisor Church A COPY TESTE: Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File John Chambliss, Assistant County Administrator Diane Hyatt, Chief Financial Officer Rebecca Owens, Director, Finance Western Virginia Regional Jail Authority Higginbotham Farms, LLC 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 15, 2005 RESOLUTION 111505-4 AMENDING THE ROANOKE COUNTY LEGISLATIVE PROGRAM FOR THE 2006 SESSION OF THE VIRGINIA GENERAL ASSEMBLY REQUESTING THAT FINANCIAL SUPPORT FOR VIRGINIA'S EXPLORE PARK BE INCLUDED IN THE STATE BIENNIAL BUDGET WHEREAS, the Board of Supervisors of Roanoke County, Virginia, adopted Resolution No. 102505-3 identifying major legislative issues to be considered by the 2006 session of the Virginia General Assembly; and WHEREAS, the Board adopts this resolution as part of its Legislative Program for the 2006 session of the Virginia General Assembly; and WHEREAS, Explore Park is owned and operated by the Virginia Recreational Facilities Authority (VRFA), a special purpose unit of government of the Commonwealth of Virginia. If VRFA ceases to exist, then the ownership of the Explore Park property would revert to the Commonwealth of Virginia. Explore Park's land, improvements and buildings are estimated to be worth more than $25 million; and WHEREAS, Roanoke County has supported Explore Park with more than $500,000 a year for operational funding over the past five years, when the Commonwealth was unable to do so. NOW, THEREFORE, Be It Resolved by the Board of Supervisors of Roanoke County, Virginia, that the following request be submitted as part of its legislative program for the 2006 session of the Virginia General Assembly for its favorable consideration and adoption. 1) That Roanoke County requests financial support from the Commonwealth of Virginia in the amount of $500,000 a year for Virginia's Explore Park. Roanoke County further requests that this amount be included in the Biennial Budget. 2) That the Clerk to the Board of Supervisors is directed to send a certified copy of this resolution to Senator John S. Edwards, Senator Brandon Bell, Delegate H. Morgan Griffith, Delegate Onzlee Ware, Delegate William Fralin; Mary F. Parker, Roanoke City Clerk; Members of the Roanoke City Council; Forest Jones, Clerk for Salem City Council; Members of the Salem City Council; Clerk for the Town of Vinton; Members of the Vinton Town Council and the Roanoke Valley -Alleghany Regional Commission, and the Virginia Association of Counties. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None A OPY TESTE: �JAQ A Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File The Honorable John S. Edwards, Senator The Honorable Brandon Bell, Senator The Honorable Morgan Griffith, Delegate The Honorable Onzlee Ware, Delegate The Honorable William Fralin, Delegate The Honorable Bruce F. Jamerson, Clerk of the House of Delegates The Honorable Susan Clarke Schaar, Clerk of the Senate Paul M. Mahoney, County Attorney Eldon James, Legislative Liaison Mary F. Parker, Clerk, Roanoke City Council 2 Roanoke City Council, Members Forest Jones, Clerk for Salem City Council Salem City Council, Members Darleen Bailey, Clerk, Vinton Town Council Vinton Town Council, Members Wayne Strickland, Executive Director, Roanoke Valley -Alleghany Regional Commission James D. Campbell, Executive Director, Virginia Association of Counties I hereby certify that the foregoing is a true and correct copy of Resolution 111505-4 adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, November 15, 2005. Brenda J. Holton, Deputy Clerk Roanoke County Board of Supervisors 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 15, 2005 ORDINANCE 111505-5 AUTHORIZING CONVEYANCE OF A PERMANENT EASEMENT TO THE VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) FOR IMPROVEMENTS TO STATE HIGHWAY ROUTE 0651, MOUNTAIN VIEW ROAD, IN THE VINTON MAGISTERIAL DISTRICT WHEREAS, in order for improvement to be constructed to Mountain View Road, State Highway Route 0651, a part of the state secondary road system, the Virginia Department of Transportation (VDOT) requires that a small portion of land, containing 0.056 acre, more or less, be conveyed as a permanent easement for execution and maintenance of the work; and, WHEREAS, VDOT requires conveyance to the Commonwealth of Virginia of the right and easement to use the areas containing 0.056 acre, more or less, as shown outlined in GREEN on Sheet No. 5 of the design plans for this road project, which property was conveyed to the Board of Supervisors of Roanoke County, Virginia, by deed recorded in the Clerk's Office of the Circuit Court of Roanoke County in Deed Book 1176, page 93; and, WHEREAS, it will serve the interests of the public to have Mountain View Road widened and improved as a part of the state secondary road system and this conveyance, will not interfere with other public services and is acceptable to the affected Roanoke County departments. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on October 25, 2005, and the second reading was held on November 15, 2005. 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be conveyed are hereby made available for other public uses by conveyance to the Commonwealth of Virginia for widening and improvement of Mountain View Road, designated as State Highway Route 0651 of the state secondary road system of the Commonwealth of Virginia, Virginia Department of Transportation (VDOT). 3. That conveyance to the Commonwealth of Virginia of that portion of real estate as shown outlined in GREEN on Sheet No. 5 of Project 0651-080-305-0501, containing 0.056 acre, more or less, conveyed to the Board of Supervisors of Roanoke County, Virginia, by deed recorded in the Clerk's Office of the Circuit Court of Roanoke County in Deed Book 1176, page 93, Tax map # 61.02-1-53, is hereby authorized. 4. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Altizer to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer 2 NAYS: None A OPY TESTE: ?, /I /*/ /z � /Vilo 6 1. — -'0' Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File Joe Obenshain, Senior Assistant County Attorney Arnold Covey, Director, Community Development Anthony Ford, Transportation Engineering Manager Janet Scheid, Chief Planner hereby certify that the foregoing is a true and correct copy of Ordinance 111505-5 adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, November 15, 2005. Brenda J. Holton, Deputy Clerk 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 15, 2005 RESOLUTION 111505-6 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for November 15, 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 7, inclusive, as follows: 1. Approval of minutes - October 25, 2005 2. Resolution of appreciation to Ruth A. Johnson, Library Services, upon her retirement after twenty-six years of service 3. Request from the Fire and Rescue Department to accept and appropriate grant funds in the amount of $500 from the Wal-Mart Foundation for the purchase of safety education equipment 4. Acceptance of Chateau Court and a portion of Golden Ivy Drive into the Virginia Department of Transportation Secondary System 5. Request to accept and appropriate a local government challenge grant in the amount of $5,000 from the Virginia Commission for the Arts 6. Request from the Fire and Rescue Department to accept and appropriate grant funds in the amount of $20,000 from the Virginia Department of Emergency Management for the continuation of the Regional Citizen Corp Council and Community Emergency Response Team (CERT) training 7. Confirmation of committee appointments to the Blue Ridge Behavioral Healthcare Board of Directors and the Library Board 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. V On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None APY TESTE: rit . Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File Chief Rick Burch, Fire & Rescue Rebecca Owens, Director, Finance Arnold Covey, Director, Community Development Brent Robertson, Director, Management & Budget 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 15, 2005 RESOLUTION 111505-6.a EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO RUTH A. JOHNSON, LIBRARY SERVICES, UPON HER RETIREMENT AFTER TWENTY-SIX YEARS OF SERVICE WHEREAS, Ruth A. Johnson was first employed by Roanoke County on September 4, 1979, as a librarian; and WHEREAS, Ms. Johnson also served as head librarian at the Hollins Branch Library and later as head of the library system's reference department for more than twenty years; and WHEREAS, during her tenure as head of reference, Ms. Johnson demonstrated the highest standards of professionalism and positive customer service; and WHEREAS, Ms. Johnson also acted as both mentor and leader to her staff, encouraging intellectual curiosity, creative problem solving, and an unwavering determination to find information and answers for patrons; and WHEREAS, Ms. Johnson's actions and those of her department earned the respect and appreciation of citizens, businesses, and colleagues throughout the region; and WHEREAS, Ms. Johnson retired from Roanoke County on November 1, 2005, as a divisional librarian after twenty-six years and two months of service; and WHEREAS, Ms. Johnson, through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to RUTH A. JOHNSON for more than twenty-six years of capable, loyal, and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None A COPY TESTE: Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File Resolutions of Appreciation File f! ACTION NO. A -111505-6.b ITEM NO. J-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 15, 2005 AGENDA ITEM: Request from the Fire and Rescue Department to accept and appropriate grant funds in the amount of $500 from the Wal- Mart Foundation for the purchase of safety education equipment SUBMITTED BY: Richard E. Burch, Jr. Fire and Rescue Chief APPROVED BY: Elmer C. Hodge, Jr. County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Wal-Mart Foundation awarded the Fire and Rescue Department a grant totaling $500 to purchase safety education equipment. The equipment will be used for public education to promote home safety and fire safety for our citizens. FISCAL IMPACT: ►=." ALTERNATIVES: The department will not be able to purchase the equipment. STAFF RECOMMENDATION: Staff recommends the acceptance and appropriation of the funds in the amount of $500 into the Fire and Rescue Department's budget. VOTE: Supervisor Flora motion to approve staff recommendation Motion Approved cc: File Chief Rick Burch, Fire & Rescue Rebecca Owens, Director, Finance Yes No Abs Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Altizer ® ❑ ❑ cc: File Chief Rick Burch, Fire & Rescue Rebecca Owens, Director, Finance THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING ON THE 15" DAY OF NOVEMBER, 2005, ADOPTED THE FOLLOWING: RESOLUTION 11505-6.c REQUESTING ACCEPTANCE OF CHATEAU COURT AND A PORTION OF GOLDEN IVY DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Addition Form LA -5(A), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements, and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999 for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street(s) described on the attached Additions Form LA -5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time. BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right- of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. Moved by: Supervisor Flora Seconded by: None Required Yeas: Supervisors McNamara, Church, Flora, Wray, Altizer Nays: None A opy Teste: Diane S. Childers, CMC - Clerk Roanoke County Board of Supervisors pc: Arnold Covey, Director, Department of Community Development Virginia Department of Transportation File I hereby certify that the foregoing is a true and correct copy of Resolution 111505-6.c adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, November 15, 2005. Brenda J. Holton, Deputy Clerk . s T { •i �?'ive. CL IN I i PROPOSED ADDITION SHOWN IN GRAY .40 " { DESCRIPTION LENGTH RIGHT OF WAY ROADWAY WIDTH SERVICE Miles Feet: Feet Houses Golden Ivy Road - from the intersection of 0.18 Varies - 44' 38 0 East Ruritan Road to intersection with Chateau Court. Chateau Court.- from intersedtion with 0.05 40 30 6 Golden Ivy Road east to its cul-de-sac. Chateau Court - from intersection with 0.07 40 30 7 Golden Ivy Road west to its cul-de-sac. Bowyau COUR77 D.8'.P.�.RTmENT >7.F Wedgwood, Section No. 1 Acceptance of Chateau Court and a portion of (Tnlden ivv Drive into the Viruinis T)enartmPnt Cb O � J C $ 00 in O Ocy c U O O O < a v s o �T 3 ^+� P, r cn P H 2 8 5 s w z 3 +1 L N 3 OO OO O O Cl o o~ o o • o d d d b d d a• o" N N CN b N M M _cn_ O G O 0 O O C V a bH a a V • F FF FF FF FF FF CL u: f- u` r d w t- a 't t- d z 23 14 9 z � Q A C7 Q V e � 2 ° " r• n < of m n Vl j ACTION NO. A -111505-6.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: November 15, 2005 AGENDA ITEM: Request to accept and appropriate a local government challenge grant in the amount of $5,000 from the Virginia Commission for the Arts SUBMITTED BY: W. Brent Robertson Director of Management and Budget APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County applied for a local government challenge grant from the Virginia Commission for the Arts. The Commission will match up to $5,000, (if full funding is approved) any donation the County makes to qualified art organizations in the valley. In the FY 2005-06 budget, the Board of Supervisors approved an appropriation of $2,500 for the Arts Council of the Blue Ridge; $2,000 for the Harrison Museum of African American Culture; $5,500 for Mill Mountain Theatre; and $6,400 for the Roanoke Symphony Orchestra. Staff, therefore, applied for the maximum grant allocation of $5,000. Roanoke County was awarded $5,000 for FY 2005-06. FISCAL IMPACT: Staff recommends dividing the $5,000 grant evenly between the Arts Council of the Blue Ridge, the Harrison Museum of African American Culture, Mill Mountain Theatre, and the Roanoke Symphony Orchestra. Combined with the County's appropriation, the following amounts would be available to the organizations referred to above: ALTERNATIVES: There are no alternatives to this agenda item. STAFF RECOMMENDATION: Staff recommends acceptance of the local government challenge grant from the Virginia Commission for the Arts in the amount of $5,000 to be distributed as indicated above. VOTE: Supervisor Flora motion to approve staff recommendation Motion Approved County VCA Abs Organization Appropriation Grant Total Arts Council $ 2,500 $1,250 $ 3,750 Harrison Museum 2,000 1,250 3,250 Mill Mountain Theatre 5,500 1,250 6,750 Roanoke Symphony 6,400 1,250 7,650 16A00 5 000 21 400 ALTERNATIVES: There are no alternatives to this agenda item. STAFF RECOMMENDATION: Staff recommends acceptance of the local government challenge grant from the Virginia Commission for the Arts in the amount of $5,000 to be distributed as indicated above. VOTE: Supervisor Flora motion to approve staff recommendation Motion Approved cc: File Brent Robertson, Director, Management & Budget Rebecca Owens, Director, Finance 2 Yes No Abs Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Altizer ® ❑ ❑ cc: File Brent Robertson, Director, Management & Budget Rebecca Owens, Director, Finance 2 ACTION NO. A -111505-6.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: November 15, 2005 AGENDA ITEM: Request from the Fire and Rescue Department to accept and appropriate grant funds in the amount of $20,000 from the Virginia Department of Emergency Management for the continuation of the Regional Citizen Corp Council and Community Emergency Response Team (CERT) training SUBMITTED BY: Richard E. Burch, Jr. Chief of Fire and Rescue APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County Fire and Rescue, in cooperation with the American Red Cross and other localities in the region, has participated in the implementation for the Community Emergency Response Team (CERT) training in the past. Over 400 citizens have graduated from this program since the training began. Acceptance and appropriation of this grant will provide funding for future classes, thereby allowing additional citizens to complete the course and past participants to be offered refresher classes. The CERT initiative is designed to prepare citizens to help themselves and others during times of catastrophic events until emergency responders can arrive or to provide further assistance along with emergency responders. Several trained members utilized their skills when they assisted with the shelter operations during area floods. Additionally, members have assisted ARC on various other disaster deployments. FISCAL IMPACT: The program is fully funded through grant monies appropriated to Fire and Rescue. No matching funds are required; however, staff time is necessary to the successful completion of the classes. ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends the acceptance and appropriation of $20,000.00 in grant funds from the Virginia Department of Emergency Management to the Fire and Rescue Department's budget. VOTE: Supervisor Flora motion to approve staff recommendation Motion Approved cc: File Chief Rick Burch, Fire & Rescue Rebecca Owens, Director, Finance 2 Yes No Abs Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Altizer ® ❑ ❑ cc: File Chief Rick Burch, Fire & Rescue Rebecca Owens, Director, Finance 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 15, 2005 RESOLUTION 111505-7 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO VICKI W. THOMAS, POLICE DEPARTMENT, UPON HER RETIREMENT AFTER THIRTY YEARS OF SERVICE WHEREAS, Vicki W. Thomas was first employed by Roanoke County on July 1, 1975, as a dispatcher in the Police Department; and WHEREAS, Ms. Thomas retired from Roanoke County on November 1, 2005, as a lead communications officer after thirty years and four months of service; and WHEREAS, Ms. Thomas was the consummate employee who dedicated herself to making the County a safer place in which to live by spending countless hours in the dispatcher's office providing assistance; and WHEREAS, Ms. Thomas always displayed a cheerful outlook and positive attitude in her interactions with her co-workers and the citizens who she served; and WHEREAS, Ms. Thomas, in addition to working through her eight-hour shift, frequently volunteered to work an additional eight-hour shift as an auxiliary deputy sheriff; and WHEREAS, Ms. Thomas, through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to VICKI W. THOMAS for more than thirty 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 Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None A OPY TESTE: J#AA ( (' IL) Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File Resolutions of Appreciation File 2 ACTION NO. A-111505-8 ITEM NO. S-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 15, 2005 AGENDA ITEM: Request for appropriation of final year-end balance from school operations for the fiscal year ended June 30, 2005 SUBMITTED BY: Diane D. Hyatt Chief Financial Officer Penny A. Hodge Director of Budget and Finance - Roanoke County Schools APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Overall, the FY04-05 budget anticipated growth in state aid of 20% and in sales tax revenues of 6%; but the actual growth exceeded these projections. As a result of year-end operations, actual revenue received exceeded budgeted revenue by $2.8 million (2.42% of budget). The excess revenues primarily consisted of basic aid and sales taxes. The budget was built using the largest increase in estimated enrollment in 10 years. However, the March 31, 2005 actual enrollment of 14,365 was 239 students higher than budgeted (14,126) and 86 students more than the prior year enrollment. This increase represented the 5th consecutive year of enrollment growth for Roanoke County Public Schools. This enrollment growth resulted in $900,000 more in basic aid funding than budgeted. However, the additional funding was not confirmed until June 2005 when the Department of Education identified a funding source for basic aid and eliminated the threat of pro -rating basic aid per their alert in February 2005. Please refer to Attachment A for a historical comparison of student enrollment. In addition, sales tax collections improved dramatically over the previous year and ended the year at $1.9 million over budget. This represents the improving economy and the introduction of a new 1/8th cent sales tax adopted by the General Assembly for education and effective for FY04-05. All of the school departments stayed within their approved budgets with under - expenditures in the major spending categories accounting for $2.5 million (or 2.15%) of the year-end balance, as outlined in Attachment B. Under -expenditures were attributable primarily to savings in the personnel budget ($1.5 million). Over $457,000 of savings resulted from lower payouts of accrued leave and severance pay to terminating employees this year and the lower retirement rate for non-professional employees yielded a $316,000 savings. Other savings resulted from unspent contingency funds, insurance savings, and cautious spending instituted based on the potential for a fuel deficit. The budget ordinance adopted by the Board of Supervisors on May 24, 2005 indicated "that all school fund appropriations remaining at the end of the 2004-05 fiscal year not lapse but shall be appropriated to the School Capital Improvements Fund in fiscal year 2005-06." During FY04-05, the School Board and Board of Supervisors adopted a joint funding policy to provide for a sustainable funding stream for school and county capital improvements in future years. The Year End Balance and School Capital Reserve policies designate portions of the year-end balance for major and minor capital projects. Based on the adopted policies, staff is recommending the following appropriations: Minor Capital Funds • $1,000,000 allocated to Minor Capital Projects which will be approved by the School Board at a later date based on evaluation of existing needs and priorities. Major Capital Funds • $3,045,195 allocated to Major Capital Projects in the approved School Capital Improvement Plan. School Operating Fund Unappropriated Balance • $1,300,000 reserved for financial emergencies due to unexpected revenue shortfalls and/or unplanned significant expenditure increases. This reserve is intended to protect the school system from the need for a mid -year reduction in staff or service levels as the result of an unanticipated financial draw on school resources (for example, significant fuel increases over the past two months and expected significant utility increases this winter). • A draft policy is outlined in Attachment C to allow for the creation of the School Operating Fund Unappropriated Balance, pending approval from the School Board and the Board of Supervisors. STAFF RECOMMENDATION: Staff recommends the following: (1) Appropriation of the fiscal year 2004-05 year-end balance of $5,385,687 per Attachment B; and (2) Adoption of the School Operating Fund Unappropriated Balance Policy. The School Board took positive action on these same items at their meeting on November 8, 2005. 2 VOTE: Supervisor Church motion to approve staff recommendation Motion Approved cc: File Diane Hyatt, Chief Financial Officer Penny Hodge, Director, Budget & Finance - Schools Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board Rebecca Owens, Director, Finance K Yes No Abs Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Altizer ® ❑ ❑ cc: File Diane Hyatt, Chief Financial Officer Penny Hodge, Director, Budget & Finance - Schools Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board Rebecca Owens, Director, Finance K ATTACHMENT A Average Daily Membership History ADM Over (Under) Growth (Decline) Year Budget March 31 Budget from Prior Year 1994- 95 13,600 13,652 52 1995- 96 13,650 13,721 71 69 1996- 97 13,776 13,863 87 142 1997- 98 13,950 13,898 (52) 35 1998- 99 13,950 13,862 (88) (36) 1999- 00 13,825 13,856 31 (6) 2000- 01 13,825 13,865 40 9 2001- 02 13,825 13,930 105 65 2002- 03 13,830 14,127 297 197 2003- 04 13,938 14,279 341 152 2004. 05 14,126 14,365 239 86 2005- 06 14,365 TBD TBD TBD Roanoke County Schools Summary of Operating Fund Revenues and Expenditures For the Year Ended June 30, 2005 Revenues: Sales tax State aid for education Federal aid for education Tuition, rent & interest Transfers in Beginning balance ATTACHMENT B Budget Actual Amount 10,444,634 12,384,224 1,939,590 45,863,943 46,798,612 934,669 311,205 361,236 50,031 692,169 742,903 50,734 56,802,760 56,802,760 - 3,792,108 3,670,524 (121,584) Expenditures: Personnel 94,822,396 93,324,117 1,498,279 Operating 23,084,423 22,050,455 1,033,968 Total Contributions to Reserves per policy: Major Capital Reserve (213 of balance) 3MSI185 Minor Co otal Reserve 11/3 of balances Grp to cap) 1.000,440 New Contingency Fund 11300,000 5,345, 4'85 2.42% 2.15% ATTACHMENT C AT A REGULAR MEETING OF THE SCHOOL BOARD OF ROANOKE COUNTY, VIRGINIA, HELD AT ROANOKE COUNTY PUBLIC SCHOOLS ADMINISTRATION CENTER ON XXXXXXXX XXXXXXXX XX. 2005 RESOLUTION ADOPTING A SCHOOL OPERATING FUND UNAPPROPRIATED BALANCE POLICY WHEREAS, one of the measures of a fiscally well managed locality is the adoption of formal financial policies; and WHEREAS, the School Board has previously adopted a Year End Balance Policy and a Policy for School Capital Reserves to fund capital needs; and WHEREAS, the School Board now wishes to provide for the long-term economic stability of Roanoke County Public Schools by establishing a formal policy for the establishment, maintenance, and use of the unreserved school operating fund balance. NOW, THEREFORE, BE IT RESOLVED, by the School Board of Roanoke County, Virginia, as follows: 1. That the School Operating Fund Unappropriated Balance Policy is adopted as follows, and 2. That this policy is in effect for FY2005-06, and subsequent fiscal years unless otherwise amended by the School Board. Roanoke County Public Schools School Operating Fund Unappropriated Balance Policy I. Background The County of Roanoke and Roanoke County Public Schools recognize one of the keys to sound financial management is the development of financial policies. Credit agencies carefully monitor levels of unreserved fund balance to evaluate a government's continued creditworthiness. II. Purpose The School Board is ensuring the long-term economic stability of the Roanoke County Public Schools, by establishing a policy that maintains a prudent level of financial resources to protect against mid -year reductions in staffing or service levels because of temporary revenue shortfalls or unforeseen expenditures. III. Reasons for Adopting this Policy • Plan for contingencies • Maintain good standings with the rating agencies • Avoid interest expense for operating budget needs and capital needs • Investment income from fund balances • Ensure cash availability when revenue is unavailable IV. Unappropriated Balance Policy Guidelines The School Operating Fund Unappropriated Balance will be funded with up to a maximum of $2,000,000 from the school year end balance with approval from the Board of Supervisors. V. Maintenance of Unappropriated Balance At the end of each fiscal year, the School Board may allocate funds to the School Operating Fund Unappropriated Balance, up to a maximum balance of $2,000,000, for appropriations made during the year providing there are available year end school resources. VI. Use of Unappropriated Balance The School Operating Fund Unappropriated Balance is available for: • Unexpected revenue shortfalls. • Unplanned significant expenditure increases. • Emergency appropriations. It is the intent of the School Board that the School Operating Fund Unappropriated Balance will be reserved for financial emergencies and when appropriations are necessary, the balance will be replenished with the next available year end funds from school operations. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINSTRATION CENTER ON TUESDAY, NOVEMBER 15, 2005 RESOLUTION 111505-9 APPROVING THE SUBMISSION OF APPLICATIONS TO THE LITERARY FUND FOR RENOVATIONS TO NORTHSIDE HIGH SCHOOL AND WILLIAM BYRD HIGH SCHOOL WHEREAS, the Board of Supervisors of the County of Roanoke, Virginia (the "County") and the School Board of the County propose to finance certain capital improvements for school projects, consisting primarily of the renovation, improvement and expansion of Northside High School and William Byrd High School (the "Projects") with a loan or loans from the Virginia Literary Fund in the aggregate amount of $15,000,000 (the "Loans") and the School Board presented to the Board of Supervisors proposed applications addressed to the State Board of Education of Virginia for the purpose of borrowing from the Literary Fund the aggregate amount of $15,000,000 for the Projects; and WHEREAS, the County or the School Board of the County expects to pay, after the date hereof, certain expenditures (the "Expenditures") in connection with the Projects. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Roanoke, Virginia as follows: 1. The applications of the School Board to the State Board of Education of Virginia for the Loans are hereby approved and authority is hereby granted to the School Board of the County to borrow a maximum of $15,000,000 for the purposes set forth in such applications. The Board of Supervisors will each year during the life of the Loans, at the time it fixes the regular levies, fix a rate of levy for schools or make a cash A appropriation sufficient for operation expenses and to pay the Loans and the interest thereon, as required by law regulating loans from the Literary Fund. 2. The County hereby declares its intent to reimburse itself with the proceeds of one or more tax-exempt financings for the Expenditures with respect to the Projects made on and after that date which is no more than 60 days prior to the date hereof (unless an exception is applicable). The maximum amount of such financings expected to be issued for the Projects is $15,000,000. 3. This resolution shall take effect immediately upon its passage. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None A OPY ESTE: Diane Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File Diane Hyatt, Chief Financial Officer Rebecca Owens, Director, Finance Dr. Linda Weber, School Superintendent Penny Hodge, Director, Budget & Finance, Schools Brenda Chastain, Clerk, School Board I hereby certify that the foregoing is a true and correct copy of Resolution 111505-9 adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, November 15, 2005. Brenda J. Holton, Deputy Clerk 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 15, 2005 RESOLUTION 111505-10 REQUESTING THE 2006 SESSION OF THE VIRGINIA GENERAL ASSEMBLY TO AMEND THE ROANOKE COUNTY CHARTER TO AUTHORIZE ROANOKE COUNTY TO LEVY AND COLLECT A TAX ON TOBACCO PRODUCTS WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has identified major legislative issues to be considered by the 2006 session of the Virginia General Assembly; and WHEREAS, the Board adopts this resolution as part of its Legislative Program for the 2006 session of the Virginia General Assembly; and WHEREAS, a public hearing on the proposal to amend the Roanoke County Charter was held on November 15, 2005, as provided in Section 15.2-202 of the Code of Virginia, as amended. NOW, THEREFORE, Be It Resolved by the Board of Supervisors of Roanoke County, Virginia, that the following legislative initiative be submitted as part of its legislative program for the 2006 session of the Virginia General Assembly for its favorable consideration and adoption. 1) Approve an amendment to the Roanoke County Charter as follows: Sec. 2.02 - Taxing powers. - In addition to the powers granted by other sections of the charter and general law, the county shall have the additional power to levy and collect taxes on cigarettes and tobacco products, pursuant to Section 58.1-3832 of the Code of Virginia. 2) That the Clerk to the Board of Supervisors is directed to send a certified copy of this resolution to Senator John S. Edwards, Senator Brandon Bell, Delegate H. Morgan Griffith, Delegate Onzlee Ware, Delegate William Fralin; Mary F. Parker, Roanoke City Clerk; Members of the Roanoke City Council; Forest Jones, Clerk for Salem City Council; Members of the Salem City Council; Clerk for the Town of Vinton; Members of the Vinton Town Council and the Roanoke Valley -Alleghany Regional Commission, and the Virginia Association of Counties. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None AOPY TESTE: l/.71 0 ) � � , d &.�o ) Diane S. Chi ders, CMC Clerk to the Board of Supervisors cc: File The Honorable John S. Edwards, Senator The Honorable Brandon Bell, Senator The Honorable Morgan Griffith, Delegate The Honorable Onzlee Ware, Delegate The Honorable William Fralin, Delegate The Honorable Bruce F. Jamerson, Clerk of the House of Delegates The Honorable Susan Clarke Schaar, Clerk of the Senate Paul M. Mahoney, County Attorney Eldon James, Legislative Liaison Mary F. Parker, Clerk, Roanoke City Council Roanoke City Council, Members Forest Jones, Clerk for Salem City Council Salem City Council, Members Darleen Bailey, Clerk, Vinton Town Council Vinton Town Council, Members 2 Wayne Strickland, Executive Director, Roanoke Valley -Alleghany Regional Commission James D. Campbell, Executive Director, Virginia Association of Counties I hereby certify that the foregoing is a true and correct copy of Resolution 111505-10 adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, November 15, 2005. Brenda J. Holton, Deputy Clerk Roanoke County Board of Supervisors 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, NOVEMBER 15, 2005 ORDINANCE 111505-11 TO REZONE .98 ACRES FROM C1, OFFICE DISTRICT, TO C2, GENERAL COMMERCIAL DISTRICT, AND TO OBTAIN A SPECIAL USE PERMIT ON 2.22 ACRES FOR THE OPERATION OF A FAST FOOD RESTAURANT AND DRIVE-THRU LOCATED AT THE INTERSECTIONS OF BRAMBLETON AVENUE, COLONIAL AVENUE, AND MERRIMAN ROAD IN THE CAVE SPRING MAGISTERIAL DISTRICT UPON THE PETITION OF SEASIDE HEIGHTS LLC (BOJANGLES) WHEREAS, the first reading of this ordinance was held on December 21, 2004, and the second reading and public hearing were held and continued to November 15, 2005; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on August 16, 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 .98 acres, as described herein, and located at the intersections of Brambleton Avenue, Colonial Avenue, and Merriman Road (Part of Tax Map No. 86.08-3-35.1 and all of 86.08- 3-36.1) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of C1, Office District, to the zoning classification of C2, General Commercial District. 2. That this action is taken upon the application of Seaside Heights, LLC. 3. That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) The development of the property shall substantially conform with the site plan entitled "Site Layout and Grading Plan for RoBo, LLC," dated November 10, 2005, attached as Exhibit A, with driveway access only from Brambleton Avenue and Merriman Road, subject to those changes required by Roanoke County during its comprehensive site plan review. (2) The exterior of the fast food restaurant to be constructed on the Property shall substantially conform to the photographs attached as Exhibit B. (3) All building exterior walls shall be brick from grade to eave. (4) The Merriman Road driveway shall be designed to prohibit right turns onto Merriman Road. (5) Signage placed on the building(s) shall occupy less than 5% of the building fagade area. (6) Any freestanding sign shall be a monument style not to exceed 5 feet in height or 7 feet in width, and shall have brick construction to match the buildings. (7) The top of any light fixture shall not exceed 15 feet. (8) The sides and rear of the dumpster enclosure shall be brick construction to match the buildings. (9) Dumpsters shall not be emptied between the hours of 10:00 p.m. and 7:00 a.m. (10) Portions of the front yards along the Colonial Avenue and Merriman Road rights-of-way designated on the concept plan for landscaping shall remain as open green spaces, and landscaped with any combination of flower, shrubs, ground cover or trees. 2 4. That said real estate is more fully described as follows: Part of Tax Map No. 86.08-3-35.1 -.298 acres Being as shown on Sheet 1 of 1 of the plat entitled "Preliminary Record Plat Showing Right -of -Way Vacation at the intersection of Colonial Avenue (Rt. 687) and Brambleton Avenue (Rt. 221), prepared for Seaside Heights, LLC situated in the Cave Spring Magisterial District, Roanoke County, Virginia" dated June 11, 2002, prepared by Lumsden Associates, P.C., with the point of beginning lying at the corner formed by the intersection of the east right-of-way line of Route 221 (Brambleton Avenue) and the south right-of-way line of Route 687 (Colonial Avenue); thence, along the following courses: along a curve to the left, having a radius of 591.25 feet, an arc length of 158.11 feet, a chord bearing of S. 62° 53'02" E. and a chord length of 157.64 feet; thence, S. 14° 39'39" E. 26.04 feet; thence, S. 040 01' 45" W. 40.69 feet; thence, along a curve to the right, having a radius of 1457.39 feet, an arc length of 164.90 feet, a chord bearing of S. 85° 40' 16" W. and a chord length of 164.82 feet; thence, S. 890 02'06" W. 96.26 feet; thence, N. 31' 56'45" E. 159.67 feet; thence, N. 630 11'03" E. 35.93 feet to the point of beginning and containing 0.58 acre, more or less. All of Tax Map No. 86.08-3-36.1 -.68 acres Beginning at an old iron pin at the southwest intersection of Colonial Avenue and Merriman Road; thence, with the west side of Merriman Road S. 40 49' 00" W. 104.63 feet to a railroad spike; thence, with a curve to the right that has an arc distance of 126.81 feet, a radius of 681.20 feet, and a chord bearing and distance of S. 100 08'58" W. 126.62 feet to an iron pin set on the west side of Merriman Road; thence, leaving said road and with a new line N. 70° 58' 35" W. 147.56 feet to an iron pin set on the outside boundary of the Lions Club of Cave Spring District, Inc. property; thence with the same N. 240 43' 16" E. 6.53 feet to an old pipe; thence, N. 240 54' 13" E. 120.91 feet to an old iron pin; thence, S. 77° 35' 26" W. 66.70 feet to an old iron pin; thence, N. 3° 51' 34" W. 69.40 feet to an old iron pin on the south side of Colonial Avenue; thence, with the same N. 890 42'26" E. 22.26 feet to an iron pin; thence with a curve to the left that has an arc distance of 164.91 feet, a radius of 1,457 feet, and a chord bearing and distance of N. 860 27'31" E. 164.82 feet to the point of beginning, containing 0.689 acres and being known as Lot 1, Plat of Subdivision made for Lions Club of Cave Spring District, Inc. by David A. Bess, L.S., dated February 16, 2001, and recorded in Plat Book 24 at page 63 in the Roanoke County Circuit Court Clerk's Office. 5. That the Board finds that the granting of a special use permit to Seaside Heights, LLC to operate a fast food restaurant and drive-thru to be located on 2.22 acres (Tax Map Nos. 86.08-3-34, 35, 35.1, and 36.1) at the intersections of Brambleton Avenue, Colonial Avenue, and Merriman Road in the Cave Spring Magisterial District is substantially in accord with the adopted 2000 Community Plan, as amended, pursuant to the provisions 3 of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and said special use permit is hereby approved. 6. 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 Wray to adopt the ordinance, 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 Arnold Covey, Director, Community Development Janet Scheid, Chief Planner William Driver, Director, Real Estate Valuation Paul Mahoney, County Attorney 4 11/10/2005 16:31 5403666702 Exhibit A CALDWELL WHITE ASSC PAGE 01 14,