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HomeMy WebLinkAbout4/11/2006 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, APRIL 11, 2006 RESOLUTION 041106-1 APPROVING THE ROANOKE VALLEY RESOURCE AUTHORITY BUDGET FOR THE FISCAL YEAR 2006-2007 WHEREAS, Section 5.9 of the Roanoke Valley Resource Authority Members Use Agreement provides that the Authority shall prepare and submit its operating budget for the forthcoming fiscal year to the Board of Supervisors of the County, the City Council of the City of Roanoke, and the Town Council of the Town of Vinton; and WHEREAS, by report dated March 22, 2006, a copy of which is on file in the office of the Clerk of the Board, the Chief Executive Officer of the Roanoke Valley Resource Authority has submitted a request that the County approve the FY 2006-2007 budget of the Roanoke Valley Resource Authority. NOW THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia that the FY 2006-2007 budget for the Roanoke Valley Resource Authority, as set forth in the March 22, 2006, report of the Authority Chief Executive Officer, a copy of which is incorporated by reference herein, is hereby APPROVED, and the County Administrator and the Clerk are authorized to execute and attest, respectively, on behalf of the County, any documentation, in form approved by the County Attorney, necessary to evidence said approval. On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Wray NAYS: None ABSENT: Supervisor Flora A COPY TESTE: kj(*jj Q , � - 312Lz� Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File Diane Hyatt, Chief Financial Officer Rebecca Owens, Director, Finance John Hubbard, CEO, RVRA ACTION NO. A-041106-2 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: April 11, 2006 AGENDA ITEM: Request to approve fiscal year 2006-2007 Roanoke Valley Television (RVTV) budget SUBMITTED BY: Elaine Simpson Cable Access Director APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County, the City of Roanoke, and the Town of Vinton jointly operate Roanoke Valley Television (RVTV, Channel 3). The initial equipment and facility for the television studio were funded through a capital grant from Cox Communications in the amount of $480,000. The studio is located at the Jefferson Center, and currently employs five full time staff members. The staff produces videos and shows for the local governments and school systems, which are cablecast along with live government meetings on Cox Communications Channel 3 and Adelphia Communications Channel 3 in the West County area. RVTV is governed by the Roanoke Valley Regional Cable Television Committee, which includes representatives from the City, the County, and the Town. The operational budget for RVTV is provided by the three governments, based on the proportion of Cox customers located in each jurisdiction. The governing bodies have informally agreed to provide up to 20% of the franchise fee paid by Cox Communications to fund the operations of the facility. Roanoke County's share of the cable budget is 43%. Cable television staff is carried on the County's payroll and benefit system and will receive the same salary increase as County employees. During 2005-2006, Roanoke Valley Television produced a total of 119 video productions for the three localities and their school systems. RVTV produced the following for the County: 56 videos and television shows, and RVTV covered 23 live Board meetings. Examples of RVTV productions include: Roanoke County Police Department, Roanoke County Career Center, and the T.E.K. Camp Sponsorship Video. RVTV monthly television shows include: "Roanoke County Today," which highlights local government issues and events, and "Accent Excellence," for the Roanoke County School System. The approximate rate for video production in the private sector is $1,500 per finished minute. Roanoke Valley Television produced 252 minutes of stand alone programming for the County, which totals a value of $378,000. This amount does not reflect the 27 original television shows, 30 minutes each, that were produced. FISCAL IMPACT: The total RVTV budget request is $322,563 of which Roanoke County's share is 43%, or $138,702. This is a $13,770 increase or (11 %) from last year's budget. The percentage of subscribers within Roanoke County increased by 2% last year. The increase, excluding personal services (VRS, Health Insurance, Salaries etc.), is $745.00. The total franchise fee paid by Cox to Roanoke County last year was $817,659. The RVTV budget request is approximately 17% of that amount. ALTERNATIVES: 1. Adopt the FY 2006-2007 RVTV operating budget. 2. Do not adopt the FY 2006-2007 RVTV operating budget. STAFF RECOMMENDATION: The Roanoke Valley Regional Cable Television Committee recommends that the Board approve Alternative 1 and adopt the FY 2006-2007 RVTV operating budget. K VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved cc: File Elaine Simpson, Director, RVTV Rebecca Owens, Director, Finance Mary Parker, Roanoke Clerk of Council Darleen Bailey, Vinton Clerk of Council 3 Yes No Absent Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Flora ❑ ❑ Mr. Wray ® ❑ ❑ cc: File Elaine Simpson, Director, RVTV Rebecca Owens, Director, Finance Mary Parker, Roanoke Clerk of Council Darleen Bailey, Vinton Clerk of Council 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 11, 2006 A RESOLUTION 041106-3 SUPPORTING THE UTILIZATION OF INDUSTRIAL ACCESS RAILROAD TRACK FUNDS FOR THE MENNEL MILLING COMPANY Whereas, the Mennel Milling Company has expressed its intent and desire to the County of Roanoke to locate its industrial operations in Roanoke County, Virginia; and Whereas, the Mennel Milling Company and its operation will require rail access; and whereas, the officials of the Mennel Milling Company, have reported to the County their intent to apply for industrial access railroad track funds from the Commonwealth of Virginia's Department of Rail and Public Transportation in the amount of $450,000 and; Whereas, Section 33.1-221.1:1 of the Code of Virginia declares it to be in the public interest that access railroad tracks and facilities be constructed to certain industrial sites, that financial assistance for such construction be provided by the commonwealth, and that applications for such funds be approved by the local governing body; and Whereas, the Mennel Milling Company, has requested that the County of Roanoke provide a resolution supporting its application for said funds which are administered by the Virginia Department of Rail and Public Transportation. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Roanoke hereby endorses and supports the application of the Mennel Milling Company, for $450,000 in industrial access railroad track funds for the purpose of locating its industrial facility in Roanoke County, Virginia. On motion of Supervisor Wray to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Wray NAYS: None ABSENT: Supervisor Flora A COPY TESTE: Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File Jill Loope, Assistant Director, Economic Development Doug Chittum, Director, Economic Development I hereby certify that the foregoing is a true and correct copy of Resolution 041106-3 adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, April 11, 2006. Brenda J. Holton, Deputy Clerk ACTION NO. A-041106-4 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: April 11, 2006 AGENDA ITEM: Request to approve health insurance rates for County and school employees for fiscal year 2006-2007 SUBMITTED BY: Rebecca Owens Director of Finance APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The County of Roanoke and Roanoke County Public Schools participate in a joint health insurance program for eligible employees. As the County is self insured with respect to health insurance provided to eligible County and School employees, the County purchases administrative services, access to the network physicians and facilities, and claims administration from Anthem. The Anthem contract also provides excess risk coverage that limits the County's dollar liability for any individual plan participant and the group as a whole. Roanoke County and Roanoke County Public Schools plan is self-funded with reinsurance coverage to protect the financial risk assumed. Under the current contract, reinsurance is composed of two elements: specific and aggregate stop loss. Presently, the specific stop loss threshold is $150,000 and protects the plan from any catastrophic claims paid on a member during the plan year. An increase to this limit from $150,000 to $200,000 was requested and is recommended for the 2006-07 policy year as the County and Schools' enrollment and plan stability are sufficient to absorb the risk of this higher reinsurance threshold. The aggregate limit of 110% protects the total financial liability assumed for the plan at 10% above "expected" claims level. The initial renewal proposed by Anthem requested a 10.6% increase for fiscal year 2006- 2007. Subsequently, this increase was negotiated down to an overall increase of 8%. This increase compares favorably to national and regional medical plan trends of 10% to 12%. While no benefit changes will be made for the 2006-07 plan year, some of the factors that contributed to this increase in expenses are: • The enrollment in the plan has slightly increased, approximately 3.5% during the last year. • Total net medical and prescription drug claims expense increased 15.2% on a cost per employee basis from the preceding review period. • There was a slightly higher incidence of large claims in the most recent claims review period. 29 claimants had claims paid over $50,000 and four of whom exceeded the $150,000 specific stop loss limit. During the prior review period, there were 25 claimants with claims over $50,000, two of whom exceeded $150,000. • The number of scripts written has increased approximately 11 %. Of the top 10 drugs prescribed, 4 are Tier 1 (generic) medications, 5 are Tier 2 (preferred brand) and 1 is a Tier 3 (non -preferred brand) medication. In addition to the changes already addressed, the better prepared disease management program, which provides services for assisting chronically ill patients, will now be included at no additional charge: 1. Chronic obstructive pulmonary disease 2. Low back pain 3. Vascular at risk includes hypertension focus, metabolic syndrome focus and hyperlipidemia focus 4. Musculoskeletal Attachment A shows the current and proposed rates for County eligible employees as well as the monthly increase in cost. The School Board is scheduled to consider this proposal at their meeting on April 13, 2006. 2 FISCAL IMPACT: The fiscal impact of the renewal at an overall increase of 8% will increase the County budget $639,426 and the School budget $919,649. STAFF RECOMMENDATION: Staff recommends approval of the attached health insurance rates with Anthem for fiscal year 2006-2007. VOTE: Supervisor Wray motion to approve staff recommendation Motion Approved cc: File Rebecca Owens, Director, Finance Joe Sgroi, Director, Human Resources 3 Yes No Absent Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Flora ❑ ❑ Mr. Wray ® ❑ ❑ cc: File Rebecca Owens, Director, Finance Joe Sgroi, Director, Human Resources 3 Roanoke County and Roanoke County Schools Attachment A Health Insurance Renewal Rates 2006.07 PPO Plan Design Increase Monthly Counter Employee Employee fbr Premium. Benefit Rate Pa E e Current 2005-06 Subscriber Only 387.20 346.04 41.16 10.63% Subscriber + 1 minor 546.60 356.38 190.22 34.80% Family 896.76 546.22 350.54 39.09% Married School & County Couple 896.76 714.28 182.48 20.35% Renewal 2006-07 PPO Plan Desian, Subscriber Only 418.18 373.74 44.441 10.63% $ 3.28 Subscriber + 1 minor 590.34 384.94 205.44 34.80%0 $ 15.22 Family 968.50 589.92 3:78.58 39.09% $ 26.04 Married School & County Couple 968.50 760.28 208.22 21.50% $ 75.74 Curren$ Membership I County Schools I Subscriber Only 524 53 266 103 1255 133 523 32 Subscriber + minor Family Medicare Carve Out Total Members 946 1943 ACTION NO. A-041106-5 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: April 11, 2006 AGENDA ITEM: Request to approve dental rates for County and school employees for fiscal year 2006-2007 SUBMITTED BY: Rebecca Owens Director of Finance APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The County of Roanoke and Roanoke County Schools participate in a fully insured group dental insurance program for their eligible employees and retirees. The provider is Delta Dental and the group includes members from the Roanoke Valley Regional Health Care Consortium. Dental rates for employees are brought forward to the Board during the spring, along with group health insurance rates, for approval. The dental rates will need to be increased for 2006-07 as outlined on Attachment A. Retirees pay the entire amount of the premium. FISCAL IMPACT: The fiscal impact of the renewal will increase the County budget $4,000 and the School budget $20,000. These increases are included in the draft 2006-07 budgets of the County and Schools. STAFF RECOMMENDATION: Staff recommends approving the attached dental insurance rates for fiscal year 2006-2007. VOTE: Supervisor Wray motion to approve staff recommendation Motion Approved cc: File Rebecca Owens, Director, Finance Joe Sgroi, Director, Human Resources Yes No Absent Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Flora ❑ ❑ Mr. Wray ® ❑ ❑ cc: File Rebecca Owens, Director, Finance Joe Sgroi, Director, Human Resources Roanoke County and Roanoke County Schools Attachment A Dental Insurance Renewal Rates 2006-2007 09101 P18" Increase Monthly County Employee Employee for Premium Benefit Rate Pa Em e Current 2005-06 Subscriber Only 22.38 16.24 6.14 27.44% Subscriber + 1 36.42 19.30 17.12 47.01% Family 63.04 27.00 36.04 57.17% Married School & County Cou le 63.04 43.20 19.84 31.47% Renewal 2006-2007 Dantal Plan Subscriber Only 23.38 16.96 6.42 27.46% $ 0.28 Subscriber + 1 38.06 20.16 17.90 47.03% $ 0.78 Family 65.86 28.20 37.66 57.18% $ 1.62 Married School & County Couple 65.86 45.14 20.72 31.46% $ 0.88 Current Membership County Srhnnls Subscriber only 374 159 209 84 870 348 490 402 Subscriber + minor Family Retirees Total Members 826 2110 ACTION NO. A-041106-6 ITEM NO. E-6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 11, 2006 AGENDA ITEM: Request to appropriate funds in the amount of $10,000 for restroom facilities at Starkey Park APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: At the April 11 meeting, Supervisor McNamara requested that an item be added to the agenda to consider a possible appropriation of funds in the amount of $10,000 for restroom facilities at Starkey Park. It was the consensus of the Board to add this request under New Business as Item E-6. Supervisor McNamara advised that in addition to a generous contribution made by Radford and Associates when they purchased an easement through the park, County funds have been earmarked by the Parks, Recreation, and Tourism Department for use in this park. To date, these funds have been used for parking lot development and improvements to the park. He indicated that a group of volunteers have raised and donated approximately $80,000 for a building and concession stand for use at the park. He stated that the volunteers have a secondary project which will be a pavilion at a cost of $30,000. He noted that $10,000 of this amount was appropriated through Roanoke County's existing matching grant program; the remainder was raised through private donations. Supervisor McNamara advised that the new pavilion is scheduled to be completed next year, and it is anticipated that an additional $10,000 in matching grant funds will be awarded in the next fiscal year. He stated that the volunteers have approached him requesting an advance of the $10,000 from next year's matching fund to allow them to complete the project at this time. He noted that this project is for the benefit of County parks, and that approximately 90% of the funds and labor are being contributed by the community. VOTE: Supervisor McNamara motion to appropriate $10,000 from the Board Contingency Fund for restroom facilities at Starkey Park. Motion Approved cc: File Pete Haislip, Director, Parks, Recreation, & Tourism Rebecca Owens, Director, Finance 2 Yes No Absent Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Flora ❑ ❑ Mr. Wray ® I ❑ ❑ cc: File Pete Haislip, Director, Parks, Recreation, & Tourism Rebecca Owens, Director, Finance 2 G AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 11, 2006 RESOLUTION 041106-7 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I - 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 April 11, 2006, designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 4, inclusive, as follows: 1. Approval of minutes — March 8, March 21, and March 28, 2006 2. Confirmation of appointment to the Roanoke Valley Greenway Commission 3. Resolution of appreciation to Richard L. Finney, Sheriff's Office, upon his retirement following twenty-five years of service 4. Request from the Fire and Rescue Department to accept and appropriate grant funds in the amount of $60,000 from the Department of Homeland Security for the purchase of a fire safety house for public education 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 resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Wray NAYS: None ABSENT: Supervisor Flora A C PY TESTE: � - A Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File Rick Burch, Chief, Fire & Rescue Rebecca Owens, Director, Finance ACTION NO. A -041106-7.a ITEM NO. 1-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 11, 2006 AGENDA ITEM: Confirmation of appointment to the Roanoke Valley Greenway Commission SUBMITTED BY: Diane S. Childers, CMC Clerk to the Board APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Roanoke Valley Greenway Commission The three-year term of Charles A. Blankenship expired on April 8, 2006. At the March 28 Board of Supervisors meeting, the Clerk was asked to contact Mr. Blankenship to determine if he was willing to serve an additional term. Mr. Blankenship has indicated that he is willing to serve, and confirmation of this appointment has been placed on the consent agenda. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved cc: File Roanoke Valley Greenway Commission Yes No Absent Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Flora ❑ ❑ Mr. Wray ® ❑ ❑ cc: File Roanoke Valley Greenway Commission AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 11, 2006 RESOLUTION 041106-7.b EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO RICHARD L. FINNEY, SHERIFF'S OFFICE, UPON HIS RETIREMENT AFTER TWENTY- FIVE YEARS OF SERVICE WHEREAS, Richard L. Finney was employed by Roanoke County on July 1, 1980, as a Deputy Sheriff — Corrections Division in the Sheriffs Office; and also served as Deputy Sheriff — Transportation Officer and as a Court Bailiff; and WHEREAS, Master Deputy Finney retired from Roanoke County on April 1, 2006, as Master Deputy Sheriff — Civil Division in the Sheriff's Office after twenty-five years and nine months of service; and WHEREAS, Master Deputy Finney has performed his sworn duties as a Deputy Sheriff in a courteous and professional manner while showing sensitivity to all citizens; and WHEREAS, Master Deputy Finney, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to RICHARD L. FINNEY for more than twenty-five years of capable, loyal, and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Wray NAYS: None ABSENT: Supervisor Flora A C PY TESTE: Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File Resolutions of Appreciation File ACTION NO. A -041106-7.c ITEM NO. 1-4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 11, 2006 AGENDA ITEM: Request from the Fire and Rescue Department to accept and appropriate grant funds in the amount of $60,000 from the Department of Homeland Security for the purchase of a fire safety house for public education SUBMITTED BY: Richard E. Burch, Jr. Chief of Fire and Rescue APPROVED BY: Elmer C. Hodge, Jr. County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County Fire and Rescue requests that the Board accept and appropriate the following grant: The Department of Homeland Security has awarded the Fire and Rescue Department a non-matching grant totaling $60,000.00 to purchase a fire safety house. This unit is designed to teach fire and life safety subjects to the public and comes with a severe weather simulator and sprinkler simulator to provide a multitude of educational scenarios. FISCAL IMPACT: There is no match required for this grant. ALTERNATIVES: The Department will not be able to purchase the fire safety house without the funds from the Department of Homeland Security. STAFF RECOMMENDATION: Staff recommends the acceptance and appropriation of the funds in the amount of $60,000 into the Fire and Rescue Department budget. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved cc: File Rick Burch, Chief, Fire & Rescue Rebecca Owens, Director, Finance 2 Yes No Absent Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Flora ❑ ❑ Mr. Wray ® ❑ ❑ cc: File Rick Burch, Chief, Fire & Rescue Rebecca Owens, Director, Finance 2 I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 11, 2006 ORDINANCE 042506-11 TO VACATE, QUIT -CLAIM AND RELEASE A FIFTEEN FOOT WIDTH DRAINAGE EASEMENT DEDICATED BY THE DEED OF EASEMENT RECORDED IN PLAT BOOK 10, PAGE 112, FORMERLY DEDICATED BY LYNN BRAE FARMS, INC., AND TO ACCEPT DEDICATION OF A NEW FIFTEEN FOOT WIDTH DRAINAGE EASEMENT, SAID EASEMENT CROSSING THE SAME PROPERTY CURRENTLY OWNED BY COX CABLE ROANOKE, INC., (TAX MAP # 77.19-01-34.00-00) LOCATED IN THE CAVE SPRING MAGISTERIAL DISTRICT. WHEREAS, by an approved subdivision plat recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 10, page 112, Lynn Brae Farms, Inc., as owner of the property designated on the Roanoke County Land Records as Tax Map No. 79.19-01-15.1 to 15.10, conveyed to the Board of Supervisors of Roanoke County, Virginia, a fifteen foot (15) drainage easement as depicted on "MAP OF TANGLEWOOD EXECUTIVE PARK, PROPERTY OF LYNN BRAE FARMS, INC., SITUATE ON STARKEY ROAD AND FALLOWATER LANE, ROANOKE COUNTY, VIRGINIA", prepared by T.P. Parker & Son, dated September 22, 1987; and WHEREAS, Cox Cable Roanoke, Inc., is the current owner of Lot 5A, comprising Lot 4, Lot 5 and a part of Lot 6 of Tanglewood Executive Park as recorded in Plat Book 10, Page 112, and the subject property is located on Fallowater Lane, a public right-of- way in the Cave Spring Magisterial District and is now designated upon the Roanoke County Land Records as Tax Map No. 77.19-01-34; and, WHEREAS, the Petitioner, Cox Cable Roanoke, Inc. as the current owner of this property, has requested that the Board of Supervisors vacate, quit -claim and release the above-described existing fifteen foot (15) drainage easement and accept the dedication of a new fifteen foot (15) drainage easement, as shown on Exhibit A attached hereto; and, WHEREAS, this vacation will not involve any cost to the County and the affected County departments have raised no objection. NOW, 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 April 11, 2006, and a second reading and public hearing were held on April 25, 2006. 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject real estate is hereby declared to be surplus and the nature of the interest in real estate renders it unavailable for other public uses. 3. That, subject to the following conditions, the vacation, quit -claim and release of an existing fifteen foot (15') drainage easement across property of Cox Cable Roanoke, Inc, located on Fallowater Lane in the Cave Spring Magisterial District of the County of Roanoke, designated as "EXISTING 15' DRAINAGE EASEMENT HEREBY VACATED" on Exhibit A attached hereto, is hereby authorized and approved. 4. That, subject to the following conditions, the acceptance of a new fifteen foot (15) drainage easement across property of Cox Cable Roanoke, Inc., located on Fallowater Lane in the Cave Spring Magisterial District of the County of Roanoke, designated as "15' DRAINAGE EASEMENT HEREBY DEDICATED" on Exhibit A attached hereto, is hereby authorized and approved. K 5. That Petitioner, Cox Cable Roanoke, Inc. shall be responsible for all costs and expenses associated herewith, including but not limited to, all costs associated with the establishment of an alternative drainage system, surveys, publication, and recordation of documents; and, 6. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish this vacation, quit -claim, and release, all of which shall be on form approved by the County Attorney. 7. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with Section 15.2-2272(2) of the Code of Virginia, 1950, as amended. On motion of Supervisor Wray to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None A COPY TESTS: - &6-w, Q kkA�� Brenda J. Ho on, CMC Deputy 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 N I hereby certify that the foregoing is a true and correct copy of Ordinance 042506-11 adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, April 25, 2006. Brenda J. Holton, Deputy Clerk 51 H H H G \ >r ti e 9 \ V \ r OUR C >�o� n r _ 10 a 0 a *, hf:yy Il I! II � I ° 15 ID�OfI I� I'f ,-•� G' C7 (0 rppru�u 0 � •� ZSJY� f i 1i'3z .,t x ; o n to + I IVI IT MIA ZI $N bvlbe V 01 VI -vlbor vS' wr a, g 4 G>v� "ate 4 i d • s D Z (,9� t � I D.B.1179, Pa 4337M - 77.19-Ot-Jd } t ' EXHIBIT' SHOWING PUBLIG DRAINAGE EASEMENT � D _ raper ,Aden Associates {� VACATION AND DEDICATION O Nyc �� �� F:n�inrorio��5vnc�inG�Fn�iMnrrthl�{CcYtic�i o t _ COX CABLE ROANOKE, INC, PROPERTIES V. CAVE SPPi,r, USTR!CT. RUAkZOKE G:i:;