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HomeMy WebLinkAbout6/14/2011 - RegularRoanoke County Board of Supervisors Agenda June 14, 2011 Good afternoon and welcome to our meeting for June 14, 2011. Regular meetings are held on the second and fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Thursday at 7:00 p.m. and on Saturday at 4:00 p.m. Our meetings are now closed- captioned, so it is important for everyone to speak directly into the microphones at the podium. Individuals who require assistance or special arrangements to participate in or attend Board of Supervisors meetings should contact the Clerk to the Board at (540) 772 -2005 at least 48 hours in advance. Please turn all cell phones off or place on silent. A. OPENING CEREMONIES (3:00 p.m.) 1. Roll Call 2. Invocation: Reverend J. Barton Weakley Northview United Methodist Church 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Recognition of J. Barton Weakley, Chaplain for the Roanoke County Fire and Rescue Department (Richard E. Burch, Jr., Chief of Fire and Rescue) D. BRIEFINGS 1. Roanoke County Fire and Rescue chosen to participate in a Statewide study on Volunteer Recruitment and Sustainability (Richard E. Burch, Jr., Chief of Fire and Rescue) Page 1 of 5 E. PUBLIC HEARING 1. Public hearing to receive citizen comments regarding proposed amendments to the fiscal year 2010 -2011 budget in accordance with Section 15.2 -2507, Code of Virginia (W. Brent Robertson, Director of Management and Budget) F. NEW BUSINESS 1. Request to accept and appropriate additional State revenues in the amount of $100,000 to the Sheriff's Office for fiscal year 2010 -2011 budget (W. Brent Robertson, Director of Management and Budget) 2. Request to appropriate $26,759,448 for the renovation of Cave Spring Middle School from school capital reserves and future Virginia Public School Authority (VPSA) bond proceeds (Rebecca Owens, Director of Finance) 3. Request to adopt a resolution declaring intent to reimburse expenditures for renovations to Cave Spring Middle School from future Virginia Public School Authority (VPSA) bond proceeds (Rebecca Owens, Director of Finance) 4. Request to adopt a resolution to opt out of the Virginia Retirement System (VRS) Line of Duty Fund and authorize an agreement with VACoRP to group self -fund Line of Duty (Rebecca Owens, Director of Finance) G. FIRST READING OF ORDINANCES 1. Ordinance authorizing the granting of a fifteen (15) foot utility easement to Appalachian Power (AEP) on property owned by the Roanoke County Board of Supervisors (Tax Map No. 027.10 -02- 19.00) for the purpose of an underground electric power line to Waldron Park, Hollins Magisterial District (Paul M. Mahoney, County Attorney) 2. Ordinance authorizing the purchase of approximately 1.24 acres of real estate (Tax Map Nos. 60.16 -8 -3 and 4) from Taz Wade, Inc. for library purposes and appropriation of $415,000 from the Major Capital Fund, Vinton Magisterial District (B. Clayton Goodman III, County Administrator) 3. Ordinance authorizing the purchase of approximately 0.761 acre of real estate (Tax Map Nos. 60.13 -8 -1 and 2) from B. Wayne Dunman and Rebecca J. Dunman for library purposes, Vinton Magisterial District (B. Clayton Goodman III, County Administrator) 4. Ordinance authorizing the lease to B. Wayne Dunman and Rebecca J. Dunman t/a Dunman Floral Supply, Inc. for one (1) year (plus option to extend for two (2) one -year periods) of commercial property located at 304 Pollard Street, Vinton, Virginia (B. Clayton Goodman III, County Administrator) Page 2 of 5 H. SECOND READING OF ORDINANCES 1. Ordinance amending the Roanoke County Code Chapter 21. "Taxation ", Article III. "Real Estate Taxes ", Division 3, "Exemption for Elderly and Disabled Person" To Provide Exemptions for Disabled Veterans and appropriation of $100,000 for the 2010 -2011 fiscal year (Paul M. Mahoney, County Attorney) I. APPOINTMENTS 1. Board of Zoning Appeals (appointed by District) 2. Capital Improvement Program (CIP) Review Committee (appointed by District) 3. Clean Valley Council 4. Parks, Recreation and Advisory Commission 5. Roanoke County Community Leaders Environmental Action Roundtable (RC CLEAR) (appointed by District) J. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY 1. Approval of minutes — May 10, 2011 2. Request to accept and appropriate a grant in the amount of $7,950 from the Commonwealth of Virginia Department of Conservation and Recreation 3. Request to appropriate funds in the amount of $6,453.99 to the Roanoke County Public Schools 4. Request to accept and appropriate $231,380 from the Department of Juvenile Justice for the Virginia Juvenile Community Crime Control Act (VJCCCA) grant for the fiscal year 2010 -2011 and to allow participation by the City of Salem 5. Request to accept and appropriate funds to the Fire and Rescue Department from the former Mount Pleasant Volunteer First Aid Crew in the amount of $38,033.87 Page 3of5 6. Confirmation of appointments to the Court Community Corrections Alcohol Safety Action Program (ASAP) Policy Board; Court Community Corrections Program Regional Community Criminal Justice Board; Roanoke Valley Alleghany Regional Commission; Roanoke Valley Alleghany Regional Commission — Metropolitan Planning Organization; Virginia Western Community College Board; Western Virginia Water Authority 7. Request to approve a resolution for a wording change to the General Fund Unappropriated Balance Policy to comply with the Governmental Accounting Standards Board Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions 8. Request to authorize an agreement between Roanoke County and the Town of Vinton in the purchase of approximately 0.71 acre of real estate (Tax Map Nos. 60.16 -8 -1 and 2) from B. Wayne Dunman and Rebecca J. Dunman and approximately 1.24 acres of real estate (Tax Map Nos. 60.16 -8 -3 and 4) from Taz Wade, Inc. for library purposes K. REQUESTS FOR WORK SESSIONS L. REQUESTS FOR PUBLIC HEARINGS M. CITIZENS' COMMENTS AND COMMUNICATIONS N. REPORTS 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency O. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Charlotte A. Moore 2. Michael W. Altizer 3. Richard C. Flora 4. Eddie "Ed" Elswick 5. Joseph B. "Butch" Church Page 4 of 5 P. WORK SESSIONS 1. Work session on a proposed amendment to the Roanoke County Comprehensive Plan to incorporate Urban Development Areas (UDAs) (Philip Thompson, Deputy Director of Planning) 2. Work session to discuss an ordinance amending Chapter 4. "Amusements ", Section 4 -4. "Definitions ", Section 4 -11. "Security" and Section 4 -13. "Entry and inspections; enforcement; penalties" of the Roanoke County Code to provide for security, inspection and penalties for the failure to maintain private swimming pools (Paul M. Mahoney, County Attorney) 3. Work session on amendments to the Roanoke County Zoning Ordinance dealing with Large Wind Energy Systems and Utility Wind Energy Systems (Philip Thompson, Deputy Director of Planning; John Murphy, Zoning Administrator) Q. CLOSED MEETING, pursuant to the Code of Virginia as follows: 1. Section 2.2.3711.A.1. Discussion concerning appointments to the Virginia Western Community College Board. R. CERTIFICATION RESOLUTION S. ADJOURNMENT Page 5 of 5 ACTION NO. ITEM IIIG. C -1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 14, 2011 AGENDA ITEM: Recognition of J. Barton Weakley, chaplain for the Roanoke County Fire and Rescue Department SUBMITTED BY: Richard E. Burch Jr. Chief of Fire and Rescue APPROVED BY: B. Clayton Goodman III County Administrator �m COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Bart Weakley has most recently served as the pastor of the Northview United Methodist Church in Roanoke county. He was appointed as the Roanoke county Fire and Rescue Volunteer Chaplain in May 2008. Bart has a background in the fire service as he served for years with the Concord Volunteer Fire and Rescue Department in concord, Virginia before coming to the Roanoke Valley. As the volunteer chaplain for the department, Bart has been responsible for being on -call during assigned hours to provide pastoral care or counseling at needed times. Bart has been called upon to provide solace for department personnel who have responded to incidents involving distressing circumstances Additionally, Bart has been asked to respond to an emergency scene or to the hospital when it has been determined that a patient or their family may need support or counsel because of a traumatic accident. When a Roanoke County resident has been displaced due to a devastating fire, Bart has been called upon to assist the family with comfort and guidance. Perhaps most often though, Bart has spent much of his time visiting the stations to provide regular fellowship with the fire and rescue personnel. Bart will be leaving Roanoke county to move to Bedford where he will serve as pastor of the Main Street United Methodist Church. He has been a tremendous comfort to our citizens and personnel during times of loss and tragedy and will be missed for the special solace he has offered. I think possibly, Bart will be remembered by all of us for his true passion for life and his spontaneous belly - laugh. Part of Proverbs 17 :22 says "A cheerful heart is good medicine ... "and Bart's laughter has certainly provided our department with a cheerful heart over the past three years. AcTiON NO. ITEM IVO. D -1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 14, 2011 AGENDA ITEM: Roanoke County Fire and Rescue chosen to participate in a Statewide study on Volunteer Recruitment and Sustainability SUBMITTED BY: Richard E. Burch, Jr. Chief of Fire and Rescue APPROVED BY: B. Clayton Goodman III County Adrninistrator i COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Virginia Fire Chiefs Association (VFCA) has selected Roanoke County Fire and Rescue Department as one of twenty (20) departments in Virginia to participate in a federally- funded program to develop afirst -of- its -kind model to achieve and sustain adequate levels of fire and emergency service volunteer staff ing. The Volunteer Workforce Solutions (VWS) program is being led by the Virginia Fire Chiefs Association, who identified the need for departments in Virginia to seek new solutions to address continuing downward trends in volunteer staffing levels. The VFCA secured the funding from a Staffing for Adequate Fire and Emergency Response (SAFER) Grant. Research and data collected by the VFCA since 2004 has shown that staffing issues in volunteer fire departments is consistently the number one ( #1) issue facing fire departments in Virginia. A 2010 Virginia Fire Service Needs Assessment Survey conducted by the Virginia Department of Fire Programs, found that sixty -seven percent (67 %) of all survey respondents reported the need for more volunteer firefighters. The VWS program will work to identify and address recruitment and retention challenges facing volunteer fire departments while helping the departments and elected officials in effectively planning their future emergency response systems. A total of twenty (20) communities were selected by the VFCA to participate in the year- long effort based on geographic information, population, fire department statistics and an interest to participate by the community. Ten (10) departments will engage in a Geographic Information Systems (GIS) Segmentation study which will use technology to Page 1 of 2 take a deeper look at the community's characteristics and create a future roadmap for recruitment and retention. The other ten departments will serve in a control group engaging in a traditional recruitment campaign. Roanoke County Fire and Rescue Department is one of ten (10) departments selected to participate in the study's control group which will use traditional methods to recruit and retain volunteers. The traditional recruitment campaign entitled "Do You Have What It Takes ?" kicks -off this month. The Roanoke County Fire and Rescue Department will receive promotional materials (banners, brochures, postcards and posters) and will identify two (2) local "advocates" to share our message via facebook and twitter. Our local advocates are Justin and Becky. The department has received thousands (1000's) of print materials including banners, posters, brochures and flyers. Each of our ten (10) volunteer fire companies will begin blanketing their coverage area with the materials in an effort to recruit quality volunteer firefighters. Additionally, two (2) ValPak direct mail Sample of campaign materials. inserts will be sent out —one in June and one in September. , On average, the fire and rescue department recruits seventy five (75) fire and rescue volunteers annually, with about half of them representing the fire companies. However, we lose on average eight seven (87) volunteers per year causing an increase in the decline of volunteer members from year to year. We hope that this campaign will allow us to sustain our total volunteer base for this calendar year and beyond. Page 2 of 2 ACTION NO. 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 14, 2011 AGENDA ITEM: Public hearing to receive citizen comments regarding proposed amendments to the fiscal year 2010 -2011 budget in accordance with Section 15.2 -2507, Code of Virginia SUBMITTED BY: APPROVED BY: W. Brent Robertson Director of Management and Budget B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This is a public hearing to secure citizen's comments concerning amending the fiscal year 201 0 -2011 budget by adjusting the aggregate amount to be appropriated during the fiscal year. Section 15.2 -2507 of the Code of Virginia, as amended, provides that whenever such amendment exceeds 1 percent of the total expenditures shown in the adopted budget, or $1,806,181, the County must publish notice of a meeting and public hearing. The notice must state the County's intent to amend the budget and include a brief synopsis of the proposed budget amendments). This notice was published on June 7, 2011. 1. Request to appropriate $26,759,448 for the renovation of Cave Spring Middle School from school capital reserves and future Virginia Public School Authority (VPSA) bond proceeds 2. Request to accept and appropriate additional State revenues in the amount of $100,000 to the Sheriff's Office for fiscal year 2010 -2011 budget 3. Request to accept and appropriate a grant in the amount of $7,950 from the Commonwealth of Virginia Department of Conservation and Recreation Page 1 of 2 4. Request to appropriate funds in the amount of $8,453.99 to the Roanoke County Public Schools 5. Request to accept and appropriate funds to the Fire and Rescue Department from the former Mount Pleasant Volunteer First Aid Crew in the amount of $38,933.87 6. Request to accept and appropriate $231,380 from the Department of Juvenile Justice for the Virginia Juvenile Community Crime Control Act (VJCCCA) grant for the fiscal year 2010 -2011 and to allow participation by the City of Salem 7. Ordinance amending the Roanoke County Code Chapter 21. "Taxation ", Article Ill. "Real Estate Taxes ", Division 3, "Exemption for Elderly and Disabled Person" To Provide Exemptions for Disabled Veterans, and appropriation of $109,900 for the 2010- 2911 fiscal year FISCAL IMPACT: There is no fiscal impact as a result of the public hearing. Requests for the appropriations will occur later on this agenda. STAFF RECOMMENDATION: It is recommended that the Board hold 'the required public hearing. Board action appropriating funds, as provided in this notice, will occur later during this meeting. Conducting the public hearing does not guarantee the requested appropriations will be approved. Each request will be reviewed individually by the Board of Supervisors. Page 2 of 2 ACTION NO. ITEM NO. F -1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 14, 2011 AGENDA ITEM: Request to accept and appropriate additional State revenues in the amount of $100,000 to the Sheriff's Office for fiscal year 2010-2011 budget SUBMITTED BY: W. Brent Robertson Director of Management and Budget APPROVED BY: B. Clayton Goodman qC93. County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY of INFORMATION: During fiscal year 201 0 -2011, operational costs such as outsourcing inmates to the Western Virginia Regional Jail, food, utilities, medical costs, etc. continue to consume a substantial portion of the jail's budget. The Sheriff is projecting expenditures related to inmate care to exceed original budget allocations by $100,000 for fiscal year 2010-2011. The major driver of - these increased costs is food, medical and the outsourcing of prisoners. For fiscal year 2011 -2012, additional funding has been appropriated to address these increased costs. Roanoke County is reimbursed by the state for salaries and for housing of local and state prisoners. The reimbursement for local and state responsible inmates varies between a rate of $4 and $12 per day. In addition, the City of Salerri reimburses the County for housing its prisoners on a per diem basis. State reimbursement for Commonwealth responsible prisoners is subject to state prisoner population, general assembly appropriations and political factors, Variables difficult to consider in revenue projections. Page 1 of 2 During previous fiscal years, state revenue receipts have exceeded the conservative state budget projections by an amount that would cover increased jail expenditures caused by higher than normal inmate populations. Based on the revenue estimates versus the projected revenues anticipated to be collected from - the state for the Sheriff's Office for fiscal ylear 201 0 -2011, revenues in excess of budget for these categories should total approximately $50,000. In addition, reimbursement revenue by the City of Salem for city - responsible prisoners in the jail is projected to exceed budget projections by $50,000, which is related to Salem's reimbursement for prisoner per diems and their share of on- going renovations to the existing Roanoke County -Salem jail. FISCAL IMPACT: There is no fiscal impact —one hundred percent (100 %) state funds and contractual reimbursements. STAFF RECOMMENDATION: Staff recommends an appropriation adjustment to recognize an additional $100,000 of revenue for fiscal year 2010 -2011 for personnel and operational reimbursement and increasing the - fiscal year 2010 -2011 sheriff's Office budget by $100,000 to cover increased operational costs of the jail caused by increased costs in food, utilities and medical expenses. Page 2 of 2 ACTION NO. ITEM NO. F -2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 14, 2011 AGENDA rrEM: Request to appropriate $28,759,448 for the renovation of Cave Spring Middle School from school capital reserves and future Virginia Public School Authority (VPSA) bond proceeds SUBMITTED BY: Diane D. Hyatt Assistant County Administrator Rebecca Owens Director of Finance APPROVED BY: B. Clayton Goodman I I I County Administrator COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND The next project on the School Board Capital Improvement Plan is the renovation of Cave Spring Middle School. Bids were received for the renovation of the Cave Spring Middle School on May 26, 2911, and the apparent low bidder was MB Contractors located in Roanoke, Virginia. MB Contractors bid includes asbestos abatement and demolition of portions of the existing school, construction of a new three story classroom addition, a new administration, cafeteria, and kitchen area, and the incorporation of a geothermal system environmentally friendly to heat and cool the new facility. MB Contractors also submitted alternate bids which included the addition of a new auxiliary gymnasium, additional classrooms for increased future enrollment, terrazzo floor tiling in the corridors and cafeteria of the school, paving /resurfacing of selected areas, refurbishment of the exterior of the existing press box, and new ticket booths for the stadium. In addition to the base bid and all alternates, the estimated soft costs associated with the project including contract services, A& E fees, utility connection fees, temporary mobile classrooms, furniture and equipment, technology, site work, and a construction contingency total $4,258,703 with all but $2,704,348 previously funded by the School Board. Finally, the expanded technology plan for the school, as presented to the Construction Committee at an earlier meeting, requires Page 1 of 2 an additional budget appropriation of $661,100. The grand total project costs are $28,313,803 with $1,507,000 previously funded and an adjustment to the project contingency of $47,355 resulting in a budget need of $25,759,448. The School construction committee met on June 2, 2011 and recommended approval of the award of this bid to MB Contractors pending the Roanoke County Public Schools' (RCPS') Superintendents letter of Intent to the Virginia Department of Education, and the Reimbursement Resolution from the VPSA Bond Counsel to be approved by the School Board on June 9, 2011. The County will be adopting a reimbursement resolution in a separate board action on June 14, 2011. This project is on an extremely tight timeline with plans to be open by the first day of school in August 2012. Staff will be reviewing the project funding to determine whether to participate in the Fall or Spring VPSA issue and will return to the Board at that time for the appropriate approvals. School staff will be at the meeting to address any questions that the Board may have regarding the project. FISCAL IMPACT The total project budget will be funded with existing school capital reserves and a future VPSA bond sale. The bonds will be sold in FY 2011 -12 with the first debt payment due in FY 2012 -13 which are included in the capital financing plan for the school system as approved by the Board of Supervisors. The School Board has previously appropriated $1,507,000. The School Board will approve a reimbursement resolution for these projects to allow the costs to be reimbursed from the future VPSA bond issue. The School Board has committed a total of $10,759,448 from existing school major capital reserves towards this project. The ability to subsidize capital projects with cash payments is made possible by the joint capital financing plan adopted by the School Board and Board of Supervisors in December 2004 and annually funded with the school and county budgets. Attachment A details the project costs. STAFF RECOMMENDATION Staff recommends appropriating $10,759,448 from existing School major capital reserves and $10,000,000 from future VPSA bond proceeds for renovations of Cave Spring Middle School. 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Clayton Goodman County Administrator ��— COUNTY ADMINIS'TRATOR'S COMMENTS: SUMMARY OF INFORMATION: In the spring of 2011, the School Board issued a request for bids forthe renovation of Cave Spring Middle School and has awarded the bid to the lowest bidder. This project will be funded with cash reserves and a planned VPSA bond issue in 2011 -2912. In order to proceed with the project and include these expenses in the future bond issue for the project, the attached resolution must be adopted. This resolution does not authorize the bond sale or appropriate any additional funds to - the project at this time; it merely gives the flexibility to include current expenditures in the future bond sale, if the County chooses to do so. The School Board is scheduled to approve a reimbursement resolution for the project at its meeting on June 9, 2911. FISCAL IMPACT: Expenses incurred for the middle school project will be funded with a futu re bond sale of $10,000,000 and cash reserves in the Major Capital Fund of $18,313,803 once this resolution has been adopted by both boards. The cash reserves that are earmarked for this project in the Major Capital Fund are sufficient to use as an advance until the VPSA Page 1 of 2 bonds are sold in fall 2011 or spring 2012. Projected contractor draw -downs will be evaluated to determine the optimal timing of the bond issue. STAFF RECOMMENDATION: Staff recommends approving the attached reimbursement resolution for the renovation of Cave Spring Middle School. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 14 2011 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA, DECLARING ITS INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS OF A FINANCING FOR CERTAIN COSTS OF RENOVATIONS OF CAVE SPRING MIDDLE SCHOOL The Board of Supervisors of the County of Roanoke, Virginia (the "County ") have determined that it may be necessary or desirable to advance money to pay the costs associated with the renovation of Cave Spring Middle School (the "Project "). NOW THEREFORE, BE IT RESOLVED, BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows: 1. The Board of Supervisors adopts this declaration of official intent under Treasury Regulations Section 1.150 -2. 2. The Board of Supervisors reasonably expects to reimburse advances made or to be made by the School Board to pay the costs of designing, acquiring, constructing, and equipping the Project from the proceeds of its debt or other financing. The maximum amount of debt or other financing expected to be issued for the designing, acquiring, constructing, and equipping the Project is $10 3. This resolution shall take effect immediately upon its adoption. ACTION NO. ITEM NO. F -4 AT A REGULAR MEETING of THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 14, 2911 AGENDA rrEM: Request to adopt a resolution to opt out of the Virginia Retirement System (VRS) Line of Duty Fund and authorize an agreement with VACoRP to group self -fund Line of Duty SUBMITTED BY: Rebecca Owens Director of Finance APPROVED BY: B. Clayton Goodman I Count y Administrator COUNTY ADMINIS'TRATOR'S COMMENTS: SUMMARY of INFORMATION: The Line of Duty Act was created in 1966 and provides a death benefit to public safety employees killed in the line of duty and insurance benefits for those disabled and their dependents. Until recently, this was a benefit administered and funded by the State of Virginia. Line of Duty benefits includes the following: • Death benefit of $199,999 to include presumption claims • Death benefit of $25,000 for presumption Claims, if within five (5) years of retirement • Continuation of Health Insurance for disabled employee, surviving spouse and/or dependent children Currently, the County has approximately 375 eligible public safety employees and 471 eligible volunteers. The County has seven (7) employees on the line of duty with County insurance coverage and six (6) dependents. The annual insurance costs are $88,147. Effective July 1, 2911, the cost of Line of Duty benefits will shift from the State to the employing local government agency, which will be responsible for funding the cost of all active claims for health care benefits and future claims for death and health care benefits. Page 1 of 11 Local governments have only a few options available to fund all liabilities associated with Line of Duty: . • Purchase coverage from the Line of Duty Fund managed by Virginia Retirement System • Opt out of the Line of Duty Fund and individually self -fund • Opt out of the Line of Duty Fund and group self -fund through VACoRP There are several factors to consider in evaluating whether or not to self -fund Line of Duty or group self -fund through VACoRP. Self -Fund Line of Duty Group Self -Fund through VACoRP 1. Locality will be responsible for 1. Provision provided by VACoRP in the funding all active claims at the time rate structure to fund the past the locality elects to opt out of the liabilities for members with active Line of Duty Fund claims 2. Locality will be responsible for 2. VACoRP will cover all new claims funding all future claims on annual occurring on or after July 1, 2011, basis including direct and indirect costs imposed by the Department of Accounts 3. Line of Duty claims has a five year 3. VACoRP includes a prior acts statute of limitations. Locality is coverage provision to provide responsible for funding claims that coverage for unknown claims that occurred during that period even if occurred on or after July 1, 2006 and the claims are unknown. which are reported to the member after the member is no longer eligible for participation in the Line of Duty Fund. The group self -fund through VACoRP option is an avenue by which the county is "self - funding" through an intergovernmental contract and will provide the County with protection from exposure to unknown claims that occurred on or after July 1, 2006, and provide funding for past and future claims. This option will also provide claims, risk control and administrative services. It will allow the County to budget an annual amount for the premium and not have to worry about funding reserves appropriately. Attachment A summarizes the recommendations/decisions of surrounding localities for Line of Duty funding. The County should re- evaluate the funding of line of duty annually. Like our health insurance and worker's compensation, the County will eventually want to self - insure Page 2 of 11 however we need to be in a position to appropriately fund the program and reserves. While our health insurance program is adequately funded our worker's compensation program is under - funded by approximately $400,000 annually. The VACoRP option financially protects the County while allowing time to build reserves to one day self- insure the program. VACoRP received approval from the Bureau of Insurance to provide a group self- insurance funding mechanism for Line of Duty Act benefits. VACo Group Self Insurance Risk Pool (VACORP) was organized pursuant to The Local Government Group Self- Insurance Pools Act, Chapter 27 of Title 15.2 of the Code of Virginia (15.2 -2700 et seq.) which authorizes one or more political subdivisions of Virginia to contract with other political subdivisions to form a group self- insurance pool to provide liability and other coverage for its members. VACoRP does require members to purchase workers' compensation coverage to be eligible for Line of Duty coverage. The Supervisory Board made exceptions for eligible Pool members that were individually self- insured for workers' compensation. This exception was made for Loudoun, Roanoke and York Counties. FISCAL IMPACT: Attachment B shows the projected costs comparison for fiscal year 2011 -2012 and attachment C projected costs for 2011-2015. As we reviewed at the worksession on April 12, 2011, to self - insure is - the most expensive option in that we would need to budget reserves for future claims and an initial liability of over $1 million. Also, the deductible options would require us to budget for the deductible in addition to the premium. while VRS is less expensive than the fully insured option, VRS rates are projected to increase fifty -six percent (56 %) in 2013, thirty -eight percent (38 %) in 2014 and twenty -eight percent (28 %) in 2015. Funding in the amount of $185,720 was included in the 2011 -2012 budget for the Line of Duty. STAFF RECOMMENDATION: Staff recommends the following: 1. Request to approve a resolution to opt out of VRS line of duty fund (Attachment D) 2. Request to authorize the County Administrator to sign an agreement with VACoRP to group self -fund line of duty through VACoRP (Attachment E) Page 3 of 11 0 E 0 Q as a� r� V J r� r 0 0 ea 0� 0 Li to 0 CL 0 0 0 CD J r r 4- a D7 a r r �• r r r �• r CD r a r a r a r a r a r a 0 0 M 0 0 0 0 0 a a -° a a a a a a a 3 a a 0 a a a CL CL a a a a a N C N N N • N a) N a} N a) N N a) N cn C C C C C C C L a a m a o a a a a U C C �+ C C C C C LIB a .N a '[n L a 'cn a_ • [ r n a_ 'cn a ' a .N a) ' V 'V L� '(� ' L! • LJ '(� a a) (D a a) a) a) a) a� 0 0 O > 0 0 0 0 0 7 p L L CD 0 �' � u 0 ° 0 c c a) m 0 a) a) a) w a) a L� T a L� L T � `r te T { `r te T { T L a � T m � C tl} m m m _m _m CI] C6 D . c CI] CI] C!] C!] C!] aD co =3 C 7+ N L. > > > LL Cl) C!] C C O' C •L Cl) O cr + td C a C ❑3 � � � p v m 2 U 0 LL U) m r r 4- a D7 a Ii Q 4 N ` Q 1 f 1 ('V 1 1 • '( 00 CF) R' r -:: PA p cu 0. �a N ry Od f f v r1 Irn n H 04 ( 7) Od s o: a a 0 a a j a u. CD H a1 ta: '- ti1:' a Ln u'1r lam ! Q > t N d) ., CD N N n m z f CV tD M C r1 CD cn r• 0 -_( .. kr:S,D CD o C) a Q LD rn r s'�• v C) Stf�a r 4=J rq w N H i 1 rw C* IA S a oo Ln N N x` : u H r*4 !'n 04 00 rn Imo► W !"f''] C'y r-I Ln 1 r'I 0 00 n N kn,'s tilt Y ` ,7. � L YI"1■ 4-J Y�7 -' ._' ♦` w !'R CL c c„ -J -0 '� � c X w c a a w . 0 4-J Q] W .. lIti cu C I , ?1 / Ln v ':' ra (1) CL cu > m 70 rl ..._. x w a V 0 co a _ u. Ln a-I d' a-1 O N d' rl M a-I O N M rl N rl O N N rl rl rl O N � U � C' C / �--� e l zt a ko (N t m W L L W '�^ L! 4=J 1 Q 4=J cn �~ I1 O U O ) 4=J V--4 V � � N CL � _ r-I rn O c� CN U L4n u IL �o Z cu 4=J U N emmmw O a Ln a-I d' a-1 O N d' rl M a-I O N M rl N rl O N N rl rl rl O N rn � N C' 0 �--� r N W l zt cn ko (N t m W 00 L Ln '�^ L! R 1 1 cn 4o 0 Ln / m ♦ .1 04 V--4 CO-4 r rn rq r N u u Z �f rn r cn Ln cn m m � cn ko t m W rq 1 1 1 1 1 1 cn 4o 0 Ln / m ♦ .1 04 V--4 CO-4 r 0 m 00 Ln cn m m � cn ko t m W rq 00 0 1 1 J 1 cn 4o 0 Ln / m ♦ .1 04 V--4 CO-4 r m 00 UD m C* a C a i w ' T • -- e�e + � * L V 1 L R 1 1 1 1 M r-i C* Ln A�' l V--4 r-I r c c 2 0 a i w ' T • -- e�e + � * 0 0 4 e u u Z C> 0 a 0 � 0 1 1 a Ln r%4, E ' W r ��� V r a. CL C 0 0 0 V) u u u W [ J Attachment D AT A REGULAR MEETING ON THE BOARD of SUPERVISORS of ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, JUNE 14, 2011 RESOLUTION ELECTING IRREVOCABLY NOT TO PARTICIPIATE IN THE LINE OF DUTY ACT FUND WITH VIRGINIA RETIREMENT SYSTEM (VRS) WHEREAS, pursuant to Item 258 of the Appropriations Act, paragraph B, the Virginia General Assembly has established 'the Line of Duty Act Fund (the "Fund ") for the payment of benefits prescribed by and administered under the Line of Duty Act (Va. Code § 9.1 -400 et seq.); and WHEREAS, for purposes of administration of the Fund, a political subdivision with covered employees (including volunteers pursuant to paragraph 62 of Item 258 of the Appropriations Act) may make an irrevocable election on or before July 1, 2012, to be deemed a non - participating employer fully responsible for self - funding all benefits relating to its past and present covered employees under the Line of Duty Act from its own funds; and WHEREAS, it is the intent of the County of Roanoke to make this irrevocable election to be a non- participating employer with respect to the Fund; NOW, - THEREFORE, IT IS HEREBY RESOLVED that the County of Roanoke hereby elects to be deemed a non - participating employer fully responsible for self- funding all benefits relating to its past and present covered employees /volunteers under the Line of Duty Act from its own funds; and it is further RESOLVED that the following entities, County of Roanoke employees and all volunteer organizations to include Vinton Fire Company, Vinton First Aid Crew, Cave Spring Fire Company, Cave Spring First Aid and Rescue Squad, Catawba Fire Page 7 of 11 Attachment D Company, Catawba- Masons Cove Rescue Squad, Hollins Fire and Rescue Company, Mount Pleasant Fire Company, Bent Mountain Fire Company, Bent Mountain First Aid and Rescue Squad, Fort Lewis Fire Company, Back Creek Fire Company, and Read Mountain Fire /Rescue Company to the best of the knowledge of the County of Roanoke, constitute the population of its past and present covered employees under the Line of Duty Act; and it is further to the best of the knowledge of the County of Roanoke, constitute the population of its past and present covered employees under the Line of Duty Act; and it is further RESOLVED that, as a non - participating employer, the County of Roanoke agrees that it will be responsible for, and reimburse the State Comptroller for, all Line of Duty Act benefit payments (relating to existing, pending or prospective claims) approved and made by the State Comptroller on behalf of the County of Roanoke on or after July 1, 2010; and it is further RESOLVED that, as a non - participating employer, the County of Roanoke agrees that it will reimburse the State Comptroller an amount representing reasonable costs incurred and associated, directly and indirectly, with the administration, management and investment of the Fund; and it is further RESOLVED that the County of Roanoke shall reimburse the State Comptroller on no more than a monthly basis from documentation provided to it 'from the State Comptroller. RESOLVED that this resolution is in full force and effect from and after July 1, 2011. Page 8 of 11 Attachment E LINE OF DUTY ADDENDUM TO THE MEMBER AGREEMENT FOR VIRGINIA ASSOCIATION OF COUNTIES GROUP SELF INSURANCE RISK POOL THIS ADDENDUM IS EFFECTIVE IF THE APPROPRIATE CONTRIBUTION IS PAID FOR LINE OF DUTY COVERAGE. THIS AGREEMENT, in addition to the general conditions and agreements contained in the Member Agreement for Virginia Association of Counties Group Self Insurance Disk Pool, which are incorporated herein and made a part hereof, the following provisions apply exclusively to mine of Duty coverage, pursuant to the Line of Duffy Act, Chapter 4 of Title 9.1 of the Code of Virginia, between all the parties who are now or may hereafter become Members of the mine of Duffy coverage of the Virginia Association of Counties Group Self Insurance Risk Pool (VACoRP), a Group of political subdivisions; WHEREAS, the Members of the Group have agreed to provide for joint and cooperative action to self - insure and to pool their separate liabilities arising pursuant to the terms of the Line of Duffy Act C'LODA"); VIHEREAS, the Members intend this Addendum as a mutual covenant of assumption of joint and several liability and shall not be deemed to form or to be a partnership; NOW, THEREFORE, for and in consideration of the mutual covenants, promises and obligations contained herein, which are given by the Group and each Member to each other Member and so accepted by each Member and the Group, the parties hereto covenant and agree as follows: 1. Membership Each Member hereby agrees that the Group may admit as Members of the Pool only acceptable political subdivisions in the Commonwealth of Virginia or agencies thereof as defined in Chapter 27 of Title 15.2 of the Code of Virginia. Subject to the provisions of Chapter 27 of Title 15.2 of the Code of Virginia, and rules adopted thereunder relating to the approval of Members and the Group's bylaws, the Board shall be sole judge as to whether or not an applicant shall be admitted to membership. Each Member agrees that a Member may, at the sole discretion of the Board, be terminated from membership in the Pool at any time after ninety (90) days notice in writing has been given to such Member, except that a Member may be terminated at any date after thirty (30) days written notice to such Member for non-payment of contributions or assessments. Except as otherwise expressly provided, no liability shall accrue to the Pool or to the remaining Members for any liability of any terminated Member arising subsequent to the date of termination specified in said notice and such terminated Member shall be separately and solely responsible for any liability arising thereafter. Page 9 of 11 2. Limit of Liability Bach and all of the Members jointly and severally agree to assume, pay and discharge any liability under LGDA of any and all Member employers; and each Member agrees to pay such assessments as may be required pursuant to paragraph 15 of the Member Agreement. Liability of VACoRP to the employees of any Member is specifically limited to such obligations as are imposed by law against the employer Member under LGDA to the extent applied for and approved by the Group. Upon approval by the Board, liability of VACoRP extends to certain volunteer employees of a Member as specified in LQDA upon the Member's compliance with the requirements ofLODA. 3. Inspection of Member's Facilities and Records The Board, the Administrator, the Service Agent, and any of their agents, servants, employees or attorneys, shall be permitted at all reasonable times to inspect the Member's work places, plants, works, machinery, and appliances covered by this Addendum, and shall be permitted at all reasonable times within two (2) years after the final termination of the membership to examine Member's books, vouchers, contracts, documents, and records of any and every kind which show or tend to show or verify the contribution which is payable under the terms hereof. 4. Risk Management In the event of an accident or a reported claim, each Member agrees to make immediate provision for the care of his employee, and to give immediate notification of the accident to the Service Agent on the prescribed forms. Costs of such care shall be paid by the Group to the extent required by LGDA. 5. Punitive or Exemplary Damages The coverage of the Group shall not apply to punitive or exemplary damages asserted or awarded by or to any employee of any Member under LDDA whether because of bodily injury to an employee employed in violation of law, or otherwise. 6. Disbursements The Members jointly and severally covenant and agree that there shall be no disbursements to Members or former Members of the Group out of funds of the Group by way of dividends or distribution of claim reserves until after provision has been made for all obligations of the Group under LQDA and except at the discretion of the Board upon application to and approval by the State Corporation Commission, Bureau of Insurance. Page 10 of 11 7. Miscellaneous a. The Group, the Member which is a party hereto, and each other Member, whether now or to become a Member, agree to be bound by all the terms and conditions of this Agreement b. If any provision of this Agreement is held invalid, such invalidity shall not affect other provisions of this Agreement which can be given effect without the invalid provision, and to that end the provisions of this Agreement are severable. c. The Association and each Member agree with each other Member, whether now or to become a Member, to be bound by all the terms and conditions to this Agreement. IN WITNESS WHEREOF, this Addendum is executed on behalf of the Member named herein and by the Group on behalf of the Members collectively, each by a duly authorized representative. 0 Authorized Representative ]Nate Name; Member organization. Name VIRGINIA ASSOCIATION OF COUNTIES GROUP SELF INSURANCE RISK POOL (VACoRP) 0 i Authorized Representative Page 11 of 11 ACTION NO. ITEM NO. G -1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA rrEM: SUBMITTED BY: APPROVED BY: June 14, 2011 Ordinance authorizing the granting of a fifteen (115) foot utility easement to Appalachian Power (AEP) on property owned by the Roanoke County Board of Supervisors (Tax Map No. 027.10 -02- 19.00) for the purpose of an underground electric power line to Waldron Park, Hollins Magisterial District Joseph B. Obenshain Senior Assistant county Attorney B. Clayton Goodman III County Administrator 13j�. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Appalachian Power is requesting that Roanoke County grant them a fifteen (115') foot utility easement from an existing overhead line for purposes of an underground electric service to upgrade the service to Waldron Park. A drawing entitled "Proposed Right of Way on Property of Roanoke County Board of Supervisors" plan prepared by AEP, dated May 5, 2011, indicating the proposed location of an underground electric line is attached. Staff has met with officials of AEP on site and has determined the location of the easement will have a minimal amount of impact on County -owned property. FISCAL IMPACT: No funding from Roanoke County will be required for this request. Page 1 of 2 ALTERNATIVES: 1. Authorize the granting of a fifteen (15') foot utility easement to Appalachian Power for the purpose of an underground electric line to Waldron Park. 2. Decline to authorize the requested easement. STAFF RECOMMENDATION: Staff recommends Alternative 1. Page 2 of 2 AT A REGULAR MEETING OF - rHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, JUNE 14, 2011 ORDINANCE AUTHORIZING THE GRANTING OF A FIFTEEN FOOT UTILITY EASEMENT TO APPALACHIAN POWER ON PROPERTY OWNED BY THE ROANOKE COUNTY BOARD OF SUPERVISORS (TAX MAP NO. 027.10-02-19.00) FOR THE PURPOSE OF AN UNDERGROUND ELECTRIC POWER LINE TO WALDRON PARK, HOLLINS MAGISTERIAL DISTRICT WHEREAS, Appalachian Power Company (AEP) requires a permanent utility easement for purpose of providing upgraded electrical service to Waldron Park; and WHEREAS, granting this non - exclusive utility easement for an underground electric line is necessary for the operation of Waldron Park; and WHEREAS, the proposed utility easement to Waldron Park will serve the interests of the public and is necessary for - the public health, safety and Welfare of the citizens of Roanoke County. 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 June 14, 2011, and a second reading and public hearing was held on June 28, 2011. 2. That pursuant to the provisions of Section 10.01 of the Roanoke County Charter, the interest in real estate to be conveyed is hereby declared to be surplus, and is hereby made available for other public uses by conveyance to Appalachian Power Company for a non- exclusive utility easement. 3. That donation to Appalachian Power Company of a utility easement for purpose of an underground electric line, as shown on a plat titled "Proposed Right of Way on Property of Roanoke county Board of Supervisors ", drawing No. V -2142, prepared by Appalachian Power Company and dated May 5, 2011, is hereby authorized and approved. 4. That the County Administrator, or any Assistant county Administrator, is hereby authorized to execute such documents and take such further actions as may be Page 1 of 2 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. Page 2of2 TAX PARCEL Igo. 027.10 -02- 19.00 -0000 Map No. 3780 - 181 -C3 W. O. No. W002 1 67 101 Prop No. Job No. 11- 100022 THIS AGREEMENT, made this 5th day of May, 2011, by and between the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, herein called "Grantors," and APPALACHIAN POWER COMPANY, a Virginia corporation, herein called "Appalachian." WITNESSETH: THAT for and in consideration of the sum of ONE DOLLAR ($1.00), cash in hand paid to Grantors by Appalachian, the receipt whereof is hereby acknowledged, Grantors hereby grant and convey to Appalachian, its successors and assigns, a " non -- exclusive " right of way and easement with the right, privilege and authority to Appalachian, its successors and assigns to construct, erect, install, operate, maintain, renew and remove a line or lines, for the purpose of transmitting electric power overhead and underground, including electric service lines and extensions there from, in, on, along, over, through, across and under the lands of the Grantors identified as Tax Parcel 027.10 -02- 19.00 -0000, situated in The Hollins Magisterial District, County of Roanoke, State of Virginia. Being a right of way and easement to provide electrical service to Walrond Park at 6842 Walrond Drive. Said right of way and easement depicted as a Proposed Underground Electric Line on Appalachian Power Company drawing No. V -2142, dated 51512011, entitled, "Proposed Right of Way on Property of Roanoke County Board of Supervisors" attached hereto and made a part hereof. TOGETHER with the right to Appalachian, its successors and assigns, to construct, erect, install, place, operate, maintain, inspect, repair, renew, add to the number of, and relocate at will, poles, with wires, cables, crossarms, guys, anchors, grounding systems and all other appurtenant equipment and fixtures, underground conduits, ducts, Vaults, cables, wires, transformers, THIS INSTRUMENT PREPARED BY AND UPON RECORDATION RETURN TO APPALACHIAN POWER COMPANY, P.O. BOX 2021, ROANOKE V1RGIN1A 24022-2121 pedestals, risers, pads, fixtures and appurtenances (hereinafter called "Appalachian Facilities "), in, on, along, through, across and under the above referred to premises; the right to cut, trim and/or otherwise control any trees overhanging branches, shrubs, roots, brush, undergrowth, or other obstructions which may interfere with or endanger the safety or use of, Appalachian's Facilities; the right to disturb the surface of said premises and to excavate thereon; and the right of ingress and egress to and over said above referred to premises, for the purposes of exercising and enjoying the rights herein granted, and for doing anything necessary or useful or convenient in connection therewith; also the privilege of removing at any time any or all of said improvements erected or installed in, on, along, through, or across and under the above referred to premises as may be required by Appalachian for the full enjoyment or relinquishment of the rights herein granted. Appalachian agrees to restore and repair any damage to Grantor's property that may be caused by the construction, operation, or maintenance of said easement. The Grantor agrees that Appalachian will not be expected to restore the property to the identical original condition, but rather as near thereto as is practicable, and that the Grantor will cooperate with Appalachian in effectuating such restoration. APPALACHIAN will indemnify and save the Grantor harmless against any and all loss or damage, accidents, or injuries, to persons or property, whether of the Grantor or of any other persons or corporations arising in the manner from the negligence of Appalachian in the construction, operation, or maintenance, or failure to properly construct, operate, or maintain its facilities installed upon the right of way granted by this agreement. B. Clayton Goodman, III, County Administrator of Roanoke County, Virginia joins in the execution of this instrument to signify the conveyance by the Board of Supervisors of Roanoke County, Virginia, of the real estate conveyed herein pursuant to Ordinance No. adopted by the said Board of Supervisors on the day of 9 2011. TO HAVE AND TO HOLD the same unto Appalachian Power Company, its successors and assigns. It is agreed that this foregoing is the entire contract between the parties hereto, and that this written agreement is complete in all its terms and provisions. NOTICE TO LANDOWNER: You are conveying rights to a public service corporation. A public service corporation may have the right to obtain some or all of these rights through exercise of eminent domain. To the extent that any of the rights being conveyed are not subject to eminent domain, you have the right to choose not to convey those rights and you could not be compelled to do so. You have the right to negotiate compensation for any rights that you are voluntarily conveying. WITNESS the following signatures and seals. AD BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA B. Clayton Goodman, III County Administrator of Roanoke County, Virginia STATE OF VIRGINIA } } TO -WIT: COUNTY OF ROANOKE } The foregoing instrument was acknowledged before me this day of , 2011 by B. Clayton Goodman, III, County Administrator of Roanoke County, Virginia. NOTARY PUBLIC My Commission Expires: 3 Proposed 15' Easement Area Roanoke County, Virginia T.D. 665000 Map Section 37800181C3 ACTION NO. ITEM NO. G -2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: June 14, 2011 Ordinance authorizing the purchase of approximately 1.24 acres of real estate (Tax Map Nos. 00.10 -8 -3 and 4) from Taz Wade, Inc. for library purposes and appropriation of $415,000 from the Major Capital Fund, Vinton Magisterial District B. Clayton Goodman III County Administrator's COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The County of Roanoke has negotiated a contract to acquire 0.751 acre from B. Wayne Dunman and Rebecca J. Dunman for $840,000 and 1.24 acres from Taz Wade, Inc. for $415,000. This property is located 304 Pollard Street, Vinton, Virginia. A building is located on the Dunman property and the Taz Wade, Inc. is used as a parking lot. Three ordinances are required to accomplish this transaction. The first ordinance would authorize the acquisition of 0.781 acre from the Dunmans; the second ordinance would authority the acquisition of 1.24 acres from Taz Wade, Inc.; and the third ordinance would authorize a lease of these properties back to the Dunmans for a period of three (three) one -year lease terms for the continuation of the Dunman wholesale floral supply business at an annual lease payment of $45,000 per year. Each of these ordinances will require a separate vote by the Board. The construction of a new library in - the Vinton or East Roanoke County area has been identified as a priority capital project in the County's Capital Improvement Program. Funding to implement the Capital Improvement Program is subject to appropriations by the Board of Supervisors, and it is not anticipated that such funding would occur before 2018. Vinton's Comprehensive Plan and Downtown Master Plan have created a vision for downtown Vinton. A new library would complement this redevelopment vision, and would Page 1 of 2 support the economic development of the Town's downtown area. The purchase of this property will give Roanoke County control of the property and the ability to build a new library on this site at some point in the future. In addition, locating a new Vinton branch library on this property will support the Town of Vinton's plans. The Town has agreed to pay one -half (1/2) of the purchase price for these two (2) properties. The Town's participation in the acquisition of this real estate is based upon an expectation that the County will commit funding to the design and construction of a new library at this location within the next seven (7) years. The proposed agreement has been added to the Consent Agenda. Staff has already received a Phase I environmental report on the property. This report has revealed several minor issues which will have to be addressed with further testing and analysis. The County code requires two readings of an ordinance in order to purchase property. The first readings of these ordinances were held on June 14, 2011, and the second readings and public hearings were held on June 28, 2011. FISCAL IMPACT: The property cost is $415,000. Funds are available in the Major Capital fund. STAFF RECOMMENDATION: Staff recommends adopting the attached ordinance authorizing the purchase of approximately 1.24 acres of real estate (Tax Map Nos. 60.16 -8 -3 and 4) from Taz Wade, Inc. for library purposes. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 14 2011 ORDINANCE AUTHORIZING THE PURCHASE OF APPROXIMATELY 1,24 ACRES OF REAL ESTATE (TAX MAP NOS, 60-16-8-3 AND 4) FROM TAZ WADE, INC. FOR LIBRARY PURPOSES WHEREAS, on , Roanoke County entered into a contract of sale, subject to approval by the Board of Supervisors, with Taz Wade, Inc. for the purchase of approximately1.24 acres of real estate for the purchase price of $415,000 in the Vinton Magisterial District for library purposes; and WHEREAS, the County now wishes to approve and ratify the execution of said contract and purchase this real estate; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance was held on June 14, 2011, and the second reading was held on June 28, 2011; and NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the contract of sale dated , for the acquisition of approximately 1.24 acres of real estate (Tax Map Nos. 60.16 -8 -3 and 4) for the sum of $415,000 is hereby approved and ratified and further that the acquisition of said real estate is hereby authorized and approved. 2. That the sum of $415,000 is available in the Major Capital Fund to pay all of the costs of this acquisition, and is hereby appropriated for this purpose. This amount is for the purchase price of this real estate. Page 1 of 2 3. That the County Administrator or Assistant County Administrator are hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this real estate, all of which shall be approved as to form by the County Attorney. Page 2 of 2 ACTION NO. ITEM NO. G -3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNT'S ADMINISTRATION CENTER MEETING DA"rE: AGENDA ITEM: SUBMITTED BY: June 14, 2011 Ordinance authorizing the purchase of approximately 0.761 acre of real estate (Tax Map Nos. 60.16 -8 -1 and 2) from B. Wayne Dunman and Rebecca J. Dunman for library purposes and appropriation of $846,000 from the Minor Capital Reserve, Vinton Magisterial District B. Clayton Goodman I� County Administrator I�d� COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The County of Roanoke has negotiated a contract to acquire 0.781 acre from B. Wayne Dunman and Rebecca J. Dunman for $840,000 and 1.24. acres from Taz Wade, Inc. for $415,000. This property is located 304 Pollard Street, Vinton, Virginia. A building is located on the Dunman property and the Taz Wade, Inc. is used as a parking lot. Three ordinances are required to accomplish this transaction. The first ordinance would authorize the acquisition of 0.781 acre from the Dunmans; the second ordinance would authority the acquisition of 1.24 acres from Taz Wade, Inc.; and the third ordinance would authorize a lease of these properties back to the Dunmans for a period of three (3) one - year lease terms for the continuation of the Dunman Wholesale floral supply business at an annual lease payment of $45,000 per year. Each of these ordinances will require a separate vote by the Board. - rhe construction of a new library in the Vinton or East Roanoke County area has been identified as a priority capital project in the County's Capital Improvement Program. Funding to implement the Capital I mp rove ment Program is subject to appropriations by - the Board of Supervisors, and it is not anticipated that such funding would occur before 2018. Vinton's Comprehensive Plan and Downtown Master Plan have created a vision for Page 1 of 2 downtown Vinton. Anew library would complement this redevelopment vision, and would support the economic development of the Town's downtown area. The purchase of this property will give Roanoke County control of the property and the ability to build a new library on this site at some point in the future. In addition, locating a new Vinton branch library on this property will support the Town of Vinton's plans. The Town has agreed to pay one -half (1/2) of the purchase price for these two properties. The Town's participation in the acquisition of this real estate is based upon an expectation that the County will commit funding to the design and construction of a new library at this location within the next seven (7) years. The proposed agreement has been added to the Consent Agenda. Staff has already received a Phase I environmental report on the property. This report has revealed several minor issues which will have to be addressed with further testing and analysis. The County code requires two readings of an ordinance in order to purchase property. The first readings of these ordinances were held on June 14, 2011, and the second readings and public hearings were held on June 28, 2011. FISCAL IMPACT: The property cost is $840,000. In addition, we will need approximately $8,000 for the survey, title and recordation expenses. These funds are available in the Minor Capital Reserve. STAFF RECOMMENDATION: Staff recommends adopting the attached ordinance authorizing the purchase of approximately 0.761 acre of real estate (Tax Map Nos. 60.16 -8 -1 and 2) from B. Wayne Dunman and Rebecca J. Dunman for library purposes. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 14, 2011 ORDINANCE AUTHORIZING THE PURCHASE OF APPROXIMATELY 0.761 ACRE OF REAL ESTATE (TAX MAP NOS. 60.16 -8 -1 AND 2) FROM B. WAYNE DUNMAN AND REBECCA J. DUNMAN FOR LIBRARY PURPOSES WHEREAS, on June 8, 2011, Roanoke County entered into a contract of sale, subject to approval by the Board of Supervisors, with B. Wayne Dunman and Rebecca J. Dunman for the purchase of approximately 0.761 acre of real estate for the purchase price of $840,000 in the Vinton Magisterial District for library purposes; and WHEREAS, the County now wishes to approve and ratify the execution of said contract and purchase this real estate; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance was held on June 14, 2011, and the second reading was held on June 28, 2011; and NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the contract of sale dated June 8, 2011, for the acquisition of approximately 0.761 acre of real estate (Tax Map Nos. 60.16 -8 -1 and 2) for the sum of $840,000 is hereby approved and ratified and further that the acquisition of said real estate is hereby authorized and approved. 2. That the sum of $846,000 is available in the Minor Capital Reserves to pay all of the costs of this acquisition, and is hereby appropriated for this purpose. This Page 1 of 2 amount is for the purchase price of this real estate and for the various closing costs to complete this transaction. 3. That the County Administrator or Assistant County Administrator are hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this real estate, all of which shall be approved as to form by the County Attorney. Page 2 of 2 ACTION NO. ITEM NO. G -4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: June 14, 2011 Ordinance authorizing the lease to B. Wayne Dunman and Rebecca J. Duriman t/a Dunman Floral Supply, Inc. for one (1) year (plus option to extend for two (2) one -year periods) of commercial property located at 304 Pollard Street, Vinton, Virginia B. Clayton Goodman III County Administrator�� COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The County of Roanoke has negotiated a contract to acquire 0.701 acres from B. Wayne Dunman and Rebecca J. Dunman for $840,000 and 1.24 acres from Taz Wade, Inc. for $415,000. This property is located 304 Pollard Street, Vinton, Virginia. A building is located on the Dunman property and the Taz Wade, Inc. is used as a parking lot. Three ordinances are required to accomplish this transaction. The first ordinance would authorize the acquisition of 0.701 acres from the Dunmans; the second ordinance would authority the acquisition of one point two four (1.24) acres from Taz Wade, Inc.; and the third ordinance would authorize a lease of these properties back to the Dunmans for a period of three (3) one (1 -year lease terms for the continuation of the Dunman wholesale floral supply business at an annual lease payment of $45,000 per year. Each of these ordinances will require a separate vote by the Board. The construction of a new library in the Vinton or East Roanoke County area has been identified as a priority capital project in the County's Capital Improvement Program. Funding to implement the Capital Improvement Program is subject to appropriations by the Board of Supervisors, and it is not anticipated that such funding would occur before 2018. Vinton's Comprehensive Plan and Downtown Master Plan have created a vision for Page 1 of 2 downtown Vinton. A new library would complement this redevelopment vision, and would support the economic development of the Town's downtown area. The purchase of this property will give Roanoke County control of the property and the ability to build a new library on this site at some point in the future. In addition, locating a new Vinton branch library on this property will support the Town of Vinton's plans. The Town has agreed to pay one -half of the purchase price for these two properties. The Town's participation in the acquisition of this real estate is based upon an expectation that the County will commit funding to the design and construction of a new library at this location within the next seven (7) years. The proposed agreement has been added to the Consent Agenda. Staff has already received a Phase I environmental report on the property. This report has revealed several minor issues which will have to be addressed with further testing and analysis. The County code requires two readings of an ordinance in order to lease property. The first readings of these ordinances were held on June 14, 2011 and the second readings and public hearings were held on June 28, 2011. FISCAL IMPACT: The lease proceeds shall be allocated to a Vinton branch library fund for future demolition costs and the construction of a new branch library. STAFF RECOMMENDATION: Staff recommends adopting the attached ordinance authorizing the lease to B. Wayne Dunman and Rebecca J. Dunman tla Dunman Floral Supply, Inc. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 14, 2011 ORDINANCE AUTHORIZING THE LEASE TO B. WAYNE DUNMAN AND REBECCA J. DUNMAN T/A DUNMAN FLORAL SUPPLY, INC. FOR ONE YEAR (PLUS OPTION TO EXTEND FOR TWO (2) ONE - YEAR PERIODS) OF COMMERCIAL PROPERTY LOCATED AT 304 POLLARD STREET, VINTON, VIRGINIA WHEREAS, Roanoke County is planning for the construction of a new Vinton branch library, and to implement this plan the County is acquiring approximately two (2) acres of real estate located at 304 Pollard Street, Vinton, Virginia; and WHEREAS, the construction of this new Vinton branch library is subject to future appropriations by a Board of Supervisors, and that this construction may not occur until 2018; and WHEREAS, the Board has determined that it is in the best interests of - the County to lease this property to B. Wayne Dunman and Rebecca J. Dunman tla Dunman Floral Supply, Inc. for a period of time until the demolition of the existing structure and construction of a new branch library will occi .,i r; and 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 Charter of Roanoke County, a first reading concerning the disposition of the herein - described real estate was held on June 14, 2011; - the second reading and public hearing was held on June 28, 2011; and 2. That this property to be leased consists of portions of a building consisting of approximately 20,805 square feet and the adjoining parking area and is located at 304 Pollard Street, Vinton, Virginia; and 3. That it is in the County's best interests to lease this property to B. Wayne Dunman and Rebecca J. Dunman tla Dunman Floral Supply Inc. for one (1) year with two (2) additional one -year lease terms. This lease is subject to the provisions of Section 2.03 and 18.04 of the Roanoke County Charter. The annual rental for this property is Forty -five Thousand Dollars ($45,000); and Page 1 of 2 4. That the County Administrator, or his designee, is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish this transaction, all of which shall be upon a form approved by the County Attorney. Page 2 of 2 ACTION NO. ITEM NO. H -1 Lam. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DA'rE: AGENDA ITEM: SUBMITTED BY: June 14, 2011 Ordinance amending the Roanoke County Code Chapter 21. "Taxation ", Article III. "Real Estate Taxes ", Division 3, "Exemption for Elderly and Disabled Person" To Provide Exemptions for Disabled Veterans, and appropriation of $100,000 for the 2010-2011 fiscal year Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY of INFORMATION: This ordinance provides guidance to County staff in the implementation of the recent Constitutional amendment which provided a real estate tax exemption for veterans with a one hundred percent (100 %) service- connected, permanent and total disability. In November 2010 the voters of the Commonwealth of Virginia approved an amendment to the Constitution of Virginia, Article x, Section 6 -A. This amendment exempted from taxation the real property, including the joint real property of husband and wife, of any veteran who has been rated by the U. S. Department of Veterans Affairs a one hundred percent (100 %) service connected permanent and total disability and who occupies the real property as his or her principle place of residence. The 2011 session of the Virginia General Assembly adopted Section 58.1 - 3219.5 to implement this Constitutional amendment, and to place some limitations or restrictions on localities in the implementation and application of this Constitutional amendment. Under Section 58.1 - 3219.6, this legislation directed localities to provide for the exemption from real property taxes for the "qualifying dwelling" and also for the land not exceeding one acre upon which it is situated. The veteran or surviving spouse claiming the exemption must file with the commissioner of the revenue either an affidavit or written statement including - the name of - the disabled veteran and spouse occupying the property, whether Page 1 of 3 the real property is jointly owned by the husband and wife, certifying that the real property is occupied as the veteran's "principle place of residence ", and also documentation from the U.S. Department of Veterans Affairs that the veteran has a one hundred percent 0 00 %) service - connected permanent and total disability. The veteran shall be required to refile this information only if the principle place of residence changes. The surviving spouse of the veteran claiming the exemption shall also provide documentation that the veterans' death occurred on or after January 1, 2011. The surviving spouse of an eligible veteran also qualifies for this exemption so long as the death of the veteran occurs on or after January 1, 2011; the surviving spouse does not remarry and the surviving spouse continues to occupy the real property as his or principle place of residence. This exemption is effective and applicable to the current 2011 tax year. Many veterans have already contacted the Commissioner of the Revenue with questions concerning the application process, their eligibility for this exemption and other similar administrative inquiries. Representatives of the Commissioner of the Revenue, Treasurer, Finance, CommlT, and the County Attorney's offices have met to develop policies and procedures to implement this real estate tax exemption program in Roanoke County in the current tax year. It is recommended that the Board consider the adoption of this ordinance to provide guidance to County staff in the implementation of this real estate tax exemption. The proposed amendment incorporates this exemption into the County's existing real estate tax exemption program for elderly and disabled persons. It utilizes many of the existing administrative policies and procedures already applicable for this category of citizens. The proposed ordinance also provides for a new Code section — 21 -81 to specifically address the unique elements of the disabled veteran's exemption. This section clarifies the "principle place of residence" by stating that confinement to a hospital, nursing home or assisted living facility does not eliminate the exemption; it provides a broader definition for "principle place of residence" as well as providing some limitations on that term. It also clarifies eligibility for the exemption to include several unique estate planning devices. It provides for future definition of "disabled veteran" (see Section 21 -81 E). Finally it provides for a deadline for filing claims for this exemption in future tax years between January 1 and March 31 of that tax year. For the 2011 calendar tax year the veteran can file for the exemption up until December 31, 2011; this is a transition provision for the current tax year only. In addition, it allows for a retroactive refund of real estate taxes if application is made within thirty (30) days of the receipt of the rating determination of the U.S. Department of Veterans Affairs. It is our understanding that in some cases, a veteran's application to this federal agency may take several years to resolve before a final determination and award is made. Staff is recommending that once that determination is made by the federal agency that - the veterans would be eligible to apply for a retroactive refund of real estate taxes back to the date of application to the federal agency. (See Section 21 -81 F). That the first reading of this ordinance was held on May 24, 2011, and the second reading is scheduled for June 14, 2011. Page 2 of 3 FISCAL IMPACT: Neither the Constitutional amendment nor the legislation adopted by the General Assembly included any net worth or income limitations on the eligibility for this real estate tax exception. There is uncertainty over the number of eligible veterans owning real estate as their principle place of residence in Roanoke County. The Commissioner of the Revenue's office has identified approximately ninety (90) veterans who might be eligible for this exemption; this total may double before the end of the year. Staff has budgeted a fiscal impact of $300,000 for the July 1, 2011 -June 30 2012, fiscal year. However, this legislation became effective January 1, 2011, and we did not have anything included in the current 2010 -2011 budget for this credit. Since the first half real estate is due June 5, 2011 it is estimated that we will need $100,000 to cover the credit for this first half payment. STAFF RECOMMENDATION: It is recommended (1) that the Board favorably consider the adoption of the attached ordinance, and (2) that the Board appropriate the sum of $100,000 from the General Fund Unappropriated Balance for the 2010 -2011 fiscal year. Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 24 ORDINANCE AMENDING CHAPTER 21. TAXATION, ARTICLE III. REAL ESTATE TAXES, DIVISION 3. EXEMPTION FOR ELDERLY AND DISABLED PERSON TO PROVIDE EXEMPTIONS FOR DISABLED VETERANS, AND APPROPRIATION OF $100,000 FOR THE 2010 -2011 FISCAL YEAR WHEREAS, at the November 2010 referendum, the voters in the Commonwealth of Virginia approved a Constitutional amendment exempting from real property taxation the principal place of residence of any veteran with a one hundred percent (100 %) service- connected, permanent and total disability; and WHEREAS, the 2011 session of the Virginia General Assembly adopted Sections 58.1- 3219.5 and 58.1- 3219.6 to implement the provisions of this Constitutional amendment; and WHEREAS, this legislation fails to address various administrative matters for the local administration of this real property tax exemption; and WHERAS, the Board of Supervisors of Roanoke County intends to provide guidance and direction to the County employees in the implementation of this Constitutional amendment by the adoption of this ordinance; and WHEREAS, the first reading of this ordinance was held on May 24, 2011, and the second reading was held on June 14, 2011. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County as follows: 1. That the Roanoke County Code be amended to read and provide as follows: Page 1 of 5 ARTICLE III. REAL ESTATE TAXES DIVISION 3. EXEMPTION FOR ELDERLY AND DISABLED PERSONS, DISABLED VETERANS Sec. 21 -71. - Administration of division. (a) The commissioner of the revenue, with the approval of the board of supervisors, shall develop such rules and regulations, consistent with the provisions of this division, as are determined necessary for the proper administration of this division. (b) This division shall be construed to allow county personnel administering the program provided for herein all authority granted to the county by section 58.1 -3210 of the Code of Virginia. (c) This division shall be construed to allow county personnel administering the program provided for herein all authority granted to the county by sections 58.1- 3219.5 and 58.1- 3219.6 of the Code of Virginia. Sec. 21 -72. - Authorized. (a) The commissioner of the revenue shall, upon application made and within the limits provided in this division, grant an exemption of the tax on real property occupied as the sole dwelling house of a person holding title or partial title thereto who is not less than sixty -five (65) years of age or totally and permanently disabled. A dwelling unit jointly owned by a husband and wife may qualify, if either spouse is over sixty -five (65) years of age or is permanently and totally disabled. (b) The commissioner of the revenue shall, upon application made and within the limits provided in this division and Section 21 -81, grant an exemption of 100% of the tax on real propert occupied as the sole dwelling house and principal place of residence of a disabled veteran holding title or partial title thereto. A surviving spouse of a veteran eligible for this exemption shall also qualify for the exemption so long as the death of the veteran occurs on or after January 1, 2011, the surviving spouse does not remarry the surviving spouse continues to occupy the real property as his or her principal place nf rP .qidP_nr.P Sec. 21 -73. - General prerequisites to grant. Exemptions provided for in this division shall be granted only if the following conditions are met: (1) That the total combined income, during the immediately preceding calendar year, from all sources, of the owner of the dwelling and his relatives living therein did not exceed fifty six thousand five hundred sixty -six dollars ($56,566.00); provided, however, that the first ten thousand dollars ($10,000.00) of income of each relative, other than the spouse of the owner, who is living in the dwelling shall not be included in such total. (2) That the owner and his spouse did not have a total combined net worth, including all equitable interests, exceeding one hundred fifty thousand dollars ($150,000.00) as of December 31 of the immediately preceding calendar year. The amount of net worth specified herein shall not include the value of the sole dwelling house and up to one (1) acre of land. Page 2of5 (3) Notwithstanding subsection (1) above if a person qualifies for an exemption and if that person can prove by clear and convincing evidence that his or her physical or mental health has deteriorated to the point that the only alternative to permanently residing in a hospital, nursing home, convalescent home or other facility or physical or mental care is to have a relative move in and provide care for that person, and if a relative does then move in for that purpose, then none of the income of the relative or of the relatives spouse shall be counted towards the income limit, provided the owner of the residence has not transferred assets in excess of ten thousand dollars ($10,000.00) without adequate consideration within athree -year period prior to or after the relative moves into such residence. (4) For disabled veterans, see Section 21 -81. [SECTIONS NOT CHANGED LEFT OUT] Sec. 21 -77. - Amount of exemption. ( a) The amount of the exemption provided for in this division is that portion of the tax which represents an increase in tax liability since the year the taxpayer reached age sixty -five (65) years or became disabled or the year ordinances authorizing the exemption became effective, whichever is later. The tax exemption for the elderly became effective, for those who reached age sixty -five (65) on or before December 31, 1974, in 1974. The tax exemption for those who became totally and permanently disabled on or before December 31, 1977, became effective for the 1977 tax year. (b) Disabled veterans are exempt from all real property taxes on the qualifying dwelling and land not exceeding one acre. [SECTIONS NOT CHANGED LEFT OUT] Section 21 -81. — Property tax exemption for qualif iiinng disabled veterans. A. The principal place of residence is the place at which a person's habitation is fixed and to which that person, when absent, has the intention of returning. (1) A person can have only one principal place of residence. (2) If the veteran is confined to a hospital, nursing home or assisted living facility, the real estate can still be considered the veteran's principle of residence if: (a) It is occupied by the veteran's spouse or minor child. (b) It is not rented or leased to third parties, or (c) The property is unoccupied. B. A principal place of residence includes the following: (1) The dwellina. the dwellina site. the surroundina land. not exceedina 1 acre and related improvements located on the 1 acre of real estate, such as garages, carports, storage buildings, swimming pools, tennis courts, and similar non- agricultural facilities. Page 3of5 (2) The dwelling may be asingle-family residence, a unit in a multi - family complex, a condominium, a unit in a cooperative housing project or a manufactured home. C. The principal place of residence does not include land on which agricultural facilities such as barns, pig pens, corrals, bunk houses, farm equipment, sheds and other outdoor buildings are located. D. To be eligible for the exemption: (1) The real estate must be owned and occupied by a disabled veteran or an unremarried surviving spouse. (a) The veteran's ownership of the property can be limited to a fractional, joint, or life estate interest. If the veteran owns a multiple dwelling unit property, the exemption will onl granted to the unit occupied by the veteran as his or her primary residence. (b) The veteran's real estate may be owned by a trust, corporate partnership, or other legal entity and the veteran will meet the ownership requirement if each of the following items is true: 1) the veteran or spouse is a maker of the trust or a principal of the corporate partnership or legal entity, 2) the property was transferred solely for estate planning purposes, and 3) the veteran or spouse would otherwise be the owner of record. (c) Property held in a grantor trust, established by the IRS code, by a disabled veteran or the veteran's surviving spouse can also be exempt from the property tax providing the property meets all other requirements for exemption. The power to revoke the trust, terminate (the trust or any conveyance of property to the trust), alter or amend the trust itself, or appoint a new trustee must be present. (2) If the veteran's spouse is an owner and the veteran is not, the veteran can meet the ownership requirement if the couple was married on or before January 1 and both have occuaied the arogerty as their primary residence since January 1. E. A "disabled veteran" is an individual who: (1) Has been honorably discharged from membership in the armed forces of the United States or has received a discharge certificate from a branch of the armed forces of the United States for civilian service recognized pursuant to federal law as service in the armed forces of the United States; and (2) Has been rated by the United States Department of Veterans Affairs or its successor agency pursuant to federal law to have a 100 percent service - connected, permanent, and total disabilit (3) Has a determination of Individual Unemplo ability from the Veterans Administration. (a) Individual Unemployability is a part of VA's disabilit compensation program that allows VA to pay certain veterans compensation at the 100% Page 4of5 rate, even though VA has not rated their service- connected disabilities at the total level. (b) With a determination of Individual Unemplo ability, a veteran must be unable to maintain substantially gainful employment as a result of his /her service- connected disabilities. (4) "Honorably Discharged" means discharged from the armed forces pursuant to a discharge other than a dishonorable or bad conduct discharge. F. Claims for exemption (1) The deadline for filing claims for a disabled veteran's exemption is between January 1 and March 31 of the tax year for which the exemption is requested. (2) For the 2011 calendar tax year claims for exemption may be filed up to December 31, 2011 for a full 100% of the exemption. (3) Claims for exemption and refunds of real estate taxes previously paid may be retroactive to the effective date of the rating determination by the United States Department of Veteran Affairs or its successor agency if the claim is filed with the commissioner of the revenue within thirty (30) days of the receipt by the applicant of the rating determination. 2. That the sum of $100,000 be appropriated from the General Fund Unappropriated Balance for the 2010 -2011 fiscal year, in order to cover the credit for the first half of the 2011 real estate tax bill, which is due June 5, 2011. Funds needed to cover the credit in future years will be included in the adopted budget ordinance for that year. 3. That this ordinance shall be in full force and effect from and after its passage. Page 5of5 ACTION N0. ITEM NO. 1.1 -5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADNIINISTRATION CENTER MEETING DATE: June 14, 2011 AGENDA ITEM: Appointments to Committees, Commissions and Boards SUBMITTED BY: Deborah C. Jacks Clerk to the Board APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINIsarRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Board of Zoning Appeals (appointed by District) The three -year term of Eldon Karr, Windsor Hills Magisterial District, will expire on June 30, 2011. 2. Capital Improvement Program (CIP) Review Committee (appointed by District) The following one -year terms expired on August 31, 2010: a) Brian Hooker representing the Catawba Magisterial District (not eligible for reappointment as maximum number of terms served) b) Wes Thompson representing the Windsor Hills Magisterial District (resigned due to health) 30 Clean Valley council The following two -year terms will expire on June 30, 2011: a) Adam Cohen, the County appointee b) Stephen McTigue, the Board Liaison Page 1 of 2 4. Parks, Recreation and Tourism Advisory Commission (appointed by District) The following three -year terms will expire on June 30, 2011: a) Beth Doughty, Cave Spring Magisterial District b) Robert T. Schell, Windsor Hills Magisterial District c) Jerry Williams, At -Large 5. Roanoke County Community Leaders Environmental Action Roundtable (RC CLEAR) (appointed by District) Ruth Deibler, who represented the Vinton Magisterial District, has moved from the area and is no longer serving on RCCLEAR. Page 2 of 2 i AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 14, 2011 RESOLUTION 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: That the certain section of the agenda of the Board of Supervisors for June 14, 2011, 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 8 inclusive, as follows: 1. Approval of minutes — May 10, 2311 2. Request to accept and appropriate a grant in the amount of $7,980 from the Commonwealth of Virginia Department of Conservation and Recreation 3. Request to appropriate funds in the amount of $6,453.99 to the Roanoke County Public Schools 4. Request to accept and appropriate $231,380 from the Department of Juvenile Justice for the Virginia Juvenile Community Crime Control Act (VJCCCA) grant for the fiscal year 2010 -2011 and to allow participation by the City of Salem 8. Request to accept and appropriate funds to the Fire and Rescue Department from the former Mount Pleasant Volunteer First Aid Crew in the amount of $38,033.87 8. Confirmation of appointments to the Court Community Corrections Alcohol Safety Action Program (ASAP) Policy Board; Court Community Corrections Program Regional Community Criminal Justice Board; Roanoke Valley Alleghany Regional Commission; Roanoke Valley Alleghany Regional Commission — Metropolitan Planning Organization; Virginia Western Community College Board; Western Virginia Water Authority Page 1 of 2 7. Request to approve a resolution for a wording change to the General Fund Unappropriated Balance Policy to comply with the Governmental Accounting Standards Board Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions 8. Request to authorize an agreement between Roanoke County and the Town of Vinton in the purchase of approximately 0.71 acres of real estate (Tax Map Nos. 60.16 -8 -1 and 2) from B. Wayne Dunman and Rebecca J. Dunman and approximately 1.24 acres of real estate (Tax Map Nos. 60.16 -8 -3 and 4) from Taz Wade, Inc. for library purposes Page 2 of 2 ACTION NO. ITEM NO. J -2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEET "ING DATE: June 14, 2011 AGENDA I'rEM: Request to accept and appropriate a grant in the amount of $7,953 from the Commonwealth of Virginia Department of Conservation and Recreation SUBMITTED BY: George W. Simpson III, P.E. County Engineer APPROVED BY: B. Clayton Goodman III County Administrator ffJa____ COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Departments of Community Development and Parks, Recreation and Tourism applied for and have been awarded a grant in the amount of $7,950 for planning the "Glade Creek Stream Restoration Project at Vinyard Park - these grant funds will be matched with in- kind labor of County staff from both departments. The goals of - the project are to enhance approximately 4,070 feet of stream channel through Vinyard Park, stabilizing eroded stream banks, increasing aquatic habitat, improving water quality, providing access for a planned greenway and educating the public on water quality issues. Our goal is to partner with other parties in this project such as Trout Unlimited, Roanoke Valley Greenways, Orvis, Norfolk Southern and the Upper Roanoke River Roundtable, who have all expressed an interest. It is hoped that this project will be similar to the recently restored Mudlick Creek in Garst Mill Park that was successfully constructed by - the Departments of Community Development and Parks, Recreation and Tourism. FISCAL IMPACT: Matching funds in the amount of $12,430 will be provided with in kind labor from Parks and Recreation and Community Development. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends accepting and appropriating a grant in - the amount of $7,950 from the Commonwealth of Virginia Department of Conservation and Recreation. Page 2 of 2 ACTION NO. ITEM NO. J -3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROAI`JOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 14, 2011 AGENDA ITEM: Request to appropriate funds in the amount of $5,453.99 to the Roanoke County Public Schools SUBMITTED BY: Brenda Chastain Clerk to the Roanoke County School Board APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. The Virginia Department of Education funds our Project Graduation Summer Academy through a reimbursement system. Project Graduation is a program that offers Standards of Learning (SOL) -based remediation and retesting for students in danger of not graduating because they lack verified credits. Roanoke County Schools applied for and was granted $5,153.99 for its Project Graduation Summer Academy and is now requesting appropriation of the $5,153.99 from the Virginia Department of Education. 2. The Roanoke county Education Foundation will provide a grant to support the Saturday Substance Abuse School for 2010 -2011 in amount of $1,300. This program consists of two (2) consecutive Saturday sessions, with students and parents educated in separate sessions. Alcohol and drug education, decision making skills and parent collaboration are emphasized. This program educates youth and their parents on Saturday mornings regarding prevention and rehabilitation of substance abuse. The targeted audience is youth from grades six (5) through twelve (12) who have violated Roanoke County Public Schools Abuse Policy, or who have referred themselves, or who have been referred by the court system. Parents, a vital piece of the process, are invited and also served. Attendance at this program is part of a graduated sanction process for policy violators. In addition, policy violators are required to have a drug and alcohol assessment and screening, serve a short suspension and take part in prescribed Page 1 of 2 educational groups or sessions with the school's Student Assistance Coordinator (SAP). If they do not agree to these terms, they can be expelled from school for one year. The point is to educate and rehabilitate in addition to punishment and to keep students in school. "fhe two (2)- session program is repeated four (4) or five (5) times during the school year, depending upon the demand. FISCAL IMPACT: The remediation and testing budget will be increased by $5,153.99. The substance abuse Saturday program budget will be increased by $1,399. ALTERNATIVES: None STAFF RECOMMENDATION: Appropriation of funds in the amount of $5,453.99. Page 2 of 2 ACTION NO. 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: AGENDA rrEM: SUBMITTED BY: APPROVED BY: June 14, 2011 Request to accept and appropriate $231,380 from the Department of Juvenile Justice for the Virginia Juvenile Community Crime Control Act (VJCCCA) grant for -fiscal year 2010 -2011 and to allow participation by the City of Salem Daniel R. O'Donnell Assistant County Administrator B. Clayton Goodman II.„ ^ / County Administrator `J d COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In 1995, the Virginia General Assembly passed the Virginia Juvenile Community Crime Control Act (VJCCCA) to establish a community -based system of progressive intensive sanctions, and services that correspond to the severity of offense and treatment needs. The purpose of the VJCCCA is to deter crime by providing immediate, effective punishment that emphasizes accountability of the juvenile offender for his actions as well as reduces the pattern of repeat offending. The County of Roanoke has participated in - the VJCCCA program for a number of years. This program allows the Court Service Unit to provide direct services, treatment programs, substance abuse services and probation activities associated with the Juvenile Court. Through the Life Skills Mentoring Program of Roanoke County Court Services Unit, the grant funds have been administered to assist the court by providing counseling services, drug screens, intensive supervision, community service, restitution and other needed services. The City of Salem has requested to participate in our Life Skills Mentoring Program and has approved their resolution to the Department of Juvenile Justice requesting that their VJCCCA monies be used in that matter. This work load can be assumed by the staff of the Page 1 of 2 Life Skills Mentoring Program and the additional case load will be funded through Salem's grant funds. This grant required the County to contribute $24,044 as our maintenance of effort. This amount was included in the Court Service Unit budget for 2010 -2011 and no additional local dollars are required. The Department of Juvenile Justice requires that the attached resolution be adopted by the County of Roanoke allowing participation in the grant program and recognizing that the City of Salem's grant monies will be used to support the Life Skills Mentoring Program. FISCAL IMPACT: No additional local funds are required for this grant. STAFF RECOMMENDATION: Staff recommends acceptance and appropriation of the VJCCCA grant from the Department of Juvenile Justice in the amount of $231,330. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER CAN TUESDAY, JUNE 14, 2011 RESOLUTION TO APPROVE PARTICIPATION IN AND CONDITIONS OF THE VIRGINIA JUVENILE COMMUNITY CRIME CONTROL ACT (VJCCCA) GRANT FOR FISCAL YEAR 2010 -2011 AND TO ALLOW PARTICIPATION BY THE CITY OF SALEM WHEREAS, the county of Roanoke has participated in the Virginia Juvenile Community Crime Control Act (VJCCCA) program in the past allowing the Court Service Unit to provide direct services, treatment programs, substance abuse services and probation activities associated with the Juvenile Court; and WHEREAS, through the Life Skills Mentoring Program of Roanoke county's court Services Unit, the grant funds have been administered to assist the court by providing counseling services, drug screens, intensive supervision, community service, restitution and other needed services, and WHEREAS, the court Services Unit of the Juvenile court serves the youth of both the county of Roanoke and the city of Salem, and WHEREAS, the court Services Unit desires to provide services through the Life Skills Mentoring Program to serve the youth of both the county of Roanoke and the city of Salem utilizing the funding from the VJCCCA grant and other appropriate funds. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke county will participate in the Virginia Juvenile community crime control Act for fiscal year 2010-2011 and will accept said funds, appropriating them for the purpose set forth in this Act until it notifies the Department of Juvenile Justice, in writing, that it no longer wishes to participate in the program. BE IT FURTHER RESOLVED that the County Administrator or the Assistant County Page 1 of 2 Administrator is hereby authorized to execute a local plan on behalf of the County of Roanoke and City of Salem, and BE IT FURTHER RESOLVED that the County of Roanoke will combine services and grant resources with the City of Salem, and the County, as operator of the Life Skills Mentoring Program, will serve as fiscal agent for these localities. Page 2of2 ACTION NO. 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: AGENDA ITEM: SUBMITTED BY: APPROVED BY: June 14, 2011 Request to accept and appropriate funds to the Fire and Rescue Department from the former Mount Pleasant Volunteer First Aid Crew in the amount of $38,033.87 Richard E. Burch, J r. Chief of Fire and Rescue B. Clayton Goodman I� County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: After many years of volunteer service to the community, Mount Pleasant Volunteer First Aid Crew disbanded in early 2011, leaving the Roanoke County career staff to provide emergency medical services to the Mount Pleasant community. The organization wishes to dedicate remaining funds donated to the organization by the citizens and County allocations in the amount of $38,033.87 to the Roanoke County Fire and Rescue Department. The Board is requested to accept - these funds and to appropriate them to the Fire and Rescue Department for use at the Mount Pleasant station to benefit of the Mount Pleasant community. The department will endeavor to expend these funds by the end of the fiscal year however due to the receipt of these funds so late in the fiscal year, the Fire and Rescue Department requests approval to roll over one hundred percent ( 100 %) of any remaining balance to next fiscal year should it encounter obstacles that prevent the completion of the expenditures. STAFF RECOMMENDATION: Staff recommends accepting and appropriating the sum of $38,033.87 to the Fire and Rescue Department budget and approving to roll over one hundred percent (100 %) of any unspent funds to the next fiscal year. ACTION NO. 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: AGENDA rrEM: SUBMITTED BY: APPROVED BY: April 25, 2011 Confirmation of appointments to the Court Community Corrections Alcohol Safety Action Program (ASAP) Policy Board; Court Community Corrections Program Regional Community Criminal Justice Board; Roanoke Valley Alleghany Regional Commission; Roanoke Valley Alleghany Regional Commission — Metropolitan Planning Organization; Virginia Western Community College Board; Western Virginia Water Authority Deborah C. Jacks Clerk to the Board B. Clayton Goodman County Administrator COUNTY ADMINIS'TRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Court Community Corrections Alcohol Safety Action Program (ASAP) Policy Board After the closed meeting on May 24, 2011, the Board of Supervisors asked the Clerk to contact Sheriff Mike Winston to see if he would be willing to serve an additional - three -year term. Sheriff Winston was contacted and advised he would be pleased to continue to serve. Sheriff Winston's new term will expire June 30, 2014. Confirmation was placed on the Consent Agenda. 2. court community corrections Program Regional community criminal Justice Board After the closed meeting on May 24, 2011 , the Board of Supervisors asked the Clerk Page 1 of 2 to contact Sheriff Mike Winston to sec if he would be willing to serve an additional three -year term. Sheriff Winston was contacted and advised he would be pleased to continue to serve. Sheriff Winston's new term will expire June 30, 2014. Confirmation was placed on the Consent Agenda. 3, Roanoke Valley Alleghany Regional Commission During the May 24, 2011, closed session it was the consensus of the Board to reappoint B. Clayton Goodman III for an additional three -year term, which will expire on June 30, 2011. Confirmation has been placed on the Consent Agenda. 4. Roanoke Valley Alleghany Regional Commission — Metropolitan Planning Organization During the May 24, 2011, closed session it was the consensus of the Board to reappoint Supervisors Richard C. Flora and Charlotte A. Moore for an additional three - year term, which will expire on June 30, 2014. Confirmation of the appointments was placed on the Consent Agenda. 5. Virginia Western Community College Board After the closed meeting on May 24, 2011, the Board of Supervisors asked the Clerk to contact Dr. Lorraine Lange to see if she would be willing to serve an additional four - year term. Dr. Lange was contacted and advised she would be pleased to continue to serve. Dr. Lange's new term will expire June 30, 2015. Confirmation was placed on the Consent Agenda. 6. Western Virginia Water Authority After the closed meeting on May 24, 2011, the Board of Supervisors asked the clerk to contact Mr. Gray Goldsmith to see if he would be willing to serve an additional four - year term. Mr. Goldsmith was contacted and advised he woUld be pleased to continue to serve. Mr. Goldsmith new term will expire June 30, 2015. Confirmation was placed on the Consent Agenda. Page 2 of 2 ACTION NO. 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 DA7rE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: June 14, 2011 Request to approve a resolution for a wording change to the General Fund Unappropriated Balance Policy to comply with the Governmental Accounting Standards Board Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions Laurie L. Gearheart Assistant Director of Finance B. Clayton Goodman I k r j— County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In December 2004, the Board of Supervisors approved a General Fund Unappropriated Balance Policy. This policy ensures the long -term economic stability of the County of Roanoke, by establishing a policy that maintains a prudent level of financial resources to protect against reducing service levels or raising taxes and fees because of temporary revenue shortfalls or unpredicted one -time expenditures. Now, as a result of a new accounting pronouncement, The Governmental Accounting Standards Board (GASB) Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions which is effective with fiscal years ending June 30, 2011, a slight wording change needs to made. The objective of this Statement is to improve the usefulness and understandability of governmental fund balance information. This new standard leaves the total amoi .,ant reported as fund balance unchanged, but does change the categories and terminology used to describe its components. The terminology "unreserved" is no longer used and has been replaced with the Page 1 of 2 terminology "unassigned ". In our current General Fund Unappropriated Balance Policy the county uses "unreserved" to describe the unappropriated fund balance in two instances under Section I. Background. Based on the GASB Statement mentioned above, the correct word to be used to describe the County's unappropriated fund balance is "unassigned ". Therefore a revision is needed to our policy to reflect the proper description of our General Fund Unappropriated Balance. These suggested changes have been reviewed with County Administration and a suggested revised policy is attached as attachment A. FISCAL IMPACT: There is no fiscal impact STAFF RECOMMENDATION: Staff recommends approval of - the attached resolution which reflects wording changes to the General Fund Unappropriated Balance Policy to comply with GASB statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions. Page 2of2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 14, 2011 RESOLUTION AMENDING THE GENERAL FUND UNAPPROPRIATED BALANCE POLICY WHEREAS, the Board of Supervisors adopted a General Fund Unappropriated Balance Policy on December 21, 2004; and WHEREAS, the Governmental Accounting Standards Board has issued Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions effective with fiscal years ending June 30, 2011; and WHEREAS, this Statement is to improve the usefulness and understandability of governmental fund balance information and changes the categories and terminology used to describe its components, NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That - the wording changes to the General Fund Unappropriated Balance Policy is adopted as follows, and 2. That this policy is in effect for fiscal year 2010-2011 , and subsequent fiscal years unless otherwise amended by the Board of Supervisors. Attachment A County of Roanoke, Virginia General Fund Unappropriated Balance Policy I. Background The County of Roanoke recognizes one of the keys to sound financial management is the development of financial policies. Credit agencies carefully monitor levels of URFeG°P unassigned fund balance in a government's general fund to evaluate a government's continued creditworthiness. The Government Finance Officers Association (GFOA) recommends that governments establish a formal policy on the level of WRFeGeR ed unassigned fund balance in the general fund. In addition, the National Advisory Council on State and Local Budgeting (NACSLB) issued a comprehensive set of accepted budget processes and procedures that set the standards of excellence in state and local governmental budgeting. A critical element incorporated into these standards is the adoption of financial policies, which include the development of a policy on stabilization funds, i.e. Unappropriated Balance (Principle 2; Element 4; Practice 4.1). This policy addresses this standard. 11. Purpose The Board of Supervisors is ensuring the long -term economic stability of the County of Roanoke, by establishing a policy that maintains a prudent level of financial resources to protect against reducing service levels or raising taxes and fees because of temporary revenue shortfalls or unpredicted one -time 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. Fund Balance Policy Guidelines The Unappropriated Fund Balance of the County is currently maintained at a minimum of 6.25% of general fund revenues. This minimum will be increased over time to the following ranges: 2004 -05 7.0-8.0% 2005 -06 7.5-8.5 2006 -07 8.0-9.0 2007 -08 8.5-9.5 2008 -09 9.0-10.0 Page 1 of 2 Attachment A 2009 -10 9.5-10.5 2010 -11 10.0-11.0 V. Maintenance of Fund Balance At the end of each fiscal year, all general fund revenues in excess of budget will first go into the General Fund Unappropriated Balance, until the maximum balance for the current fiscal year is met. The General Fund Unappropriated Balance is available for difficult economic times, stabilizing cash flow requirements, and emergency appropriations by the Board of Supervisors; however it is the intent of the Board to maintain at least the minimum balance for the current fiscal year. Page 2 of 2 ACTION NO. 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 14, 2011 AGENDA ITEM: SUBMITTED BY: Request to authorize an agreement between Roanoke County and the Town of Vinton in the purchase of approximately 0.71 acres of real estate (Tax Map Nos. 60.16 -8 -1 and 2) from B. Wayne Dunman and Rebecca J. Dunman and approximately 1.24 acres of real estate (Tax Map Nos. 60.16 -8 -3 and 4) from Taz Wade, Inc. for library purposes B. Clayton Goodman County Administrator &510/ COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The County of Roanoke has negotiated a contract to acquire 0.751 acre from B. Wayne Dunman and Rebecca J. Dunman for $840,000 and 1.24 acres from Taz Wade, Inc. for $415,000. This property is located 304 Pollard Street, Vinton, Virginia. A building is located on the Dunman property and the Taz Wade, Inc. property is used as a parking lot. The construction of a new library in the Vinton or East Roanoke County area has been identified as a priority capital project in the County's Capital Improvement Program. Funding to implement the Capital Improvement Program is subject to appropriations by the Board of Supervisors, and it is not anticipated that such funding would occur before 2018. Vinton's Comprehensive Plan and Downtown Master Plan have created a vision for downtown Vinton. A new library would complement this redevelopment vision, and would support the economic development of the Town's downtown area. The purchase of this property will give us control of the property and the ability to build a new library on this site at some point in the future. In addition, locating a new Vinton branch library on this property will Support the Town of Vinton's plans. The Town has agreed to pay one -half (1/2) of the purchase price for these two properties. The Town's participation in the acquisition of this real estate is based upon an expectation that the County will commit funding to the design and construction of a new library at this location within the next seven (7) years. Page 1 of 2 FISCAL IMPACT: The Town of Vinton 's participation will assist Roanoke County in the purchase of Downtown Vinton property. The partnership is afifty /fifty (50/50) cost share with Roanoke County retaining one hundred percent (100 %) ownership. STAFF RECOMMENDATION: Staff recommends approval of the agreement between Roanoke County and the Town of Vinton. Page 2 of 2 AGREEMENT This AGREEMENT is between the Board of Supervisors of Roanoke County, Virginia (the "County ") and the Town Council of the Town of Vinton (the "Town ") this day of June, 2011. The purpose of this Agreement is to establish the duties and responsibilities of a partnership between the County and the Town with respect to the acquisition of real estate within the Town limits and for the construction of a possible site of a future Roanoke County library building. INTENT The construction of a new library in the Vinton or East Roanoke County area has been identified as a priority capital project in the County's Capital Improvement Program. Funding to implement the Capital Improvement Program is subject to appropriations by the Board of Supervisors, and it is not anticipated that such funding would occur before 2018. Vinton's Comprehensive Plan and Downtown Master Plan have created a vision for downtown Vinton. A new library would complement this redevelopment vision, and would support the economic development of the Town's downtown area. The Town's participation in the acquisition of this real estate is based upon an expectation that the County will commit funding to the design and construction of a new library at this location within seven (7) years of the date of this Agreement. SUBSTANTIVE PROVISIONS 1. The County is negotiating Contracts to purchase the following parcels of real estate (the "Property ") in the Town: A parcel consisting of 0.761 acres, more or less, located at 304 Pollard Street, Vinton, Virginia, and further described as Tax Map Nos. 60.16 -8 -1 and 2 owned by B. Wayne Dunman and Rebecca J. Dunman. A parcel containing 1.24 acres, more or less, located at 304 Pollard Street, Vinton, Virginia, and further described as Tax Map Nos. 60.16 -8 -3 and 4 owned by Taz Wade, Inc. Page 1 of 4 2. The purchase prices of these two parcels of real estate are $840,000 and $415,000, respectively. The County agrees to pay one -half of these purchase prices; the Town agrees to pay one -half of these purchase prices. Title to the Property shall be solely in the name of the County. The Town shall not hold any ownership interest in the Property. All closing costs and expenses shall be paid by the County. This includes, but is not limited to, appraisals, environmental assessments, attorney's fees, recordation costs, and title insurance. 3. The Town agrees to pay $100,000 to the County upon the County's settlement and closing on the acquisition of this Property. It is anticipated that the settlement and closing will be held on July 28, 2011. The remaining balance of the Town's share, $527,500, shall be paid to the County in ten (10) annual installments beginning on July 1, 2011, and paid on July 1 of each year thereafter. Each of the first five (5) installments shall be in the amount of $50,000; the remaining five year's installments amounts shall be $55,500, plus interest at the Wall Street Journal Prime Interest Rate (this rate as of May 1, 2011 was 3.25 %). 4. Lease payments received by the County from this Property shall not be shared with the Town, nor shall any such payments be used to offset the purchase price. The County intends to use the lease proceeds to maintain the structures on the Property, to pay the costs of demolition, and to establish a capital fund for the construction of a new library building. 5. If the County receives any grant funding or funding from any source other than local tax revenues or lease payments, and this funding is specifically allocated to assist in reducing the financial costs of the acquisition of the Property, then this funding will be shared equally with the Town to reduce its one -half share of the purchase price. 6. If the County does not complete the construction of a new library on this Property within ten (10) years of the date of this Agreement, then the County will refund to the Town its portion of the purchase price of the Property. The County and the Town may extend this date for completion upon mutual written agreement. If the County decides at any time not to construct a library on this Property, to sell the Property, or use the Property for a use other than a new Vinton Branch library, all paid funds will be reimbursed to the Town within 90 days of that decision. Page 2 of 4 7. The County shall be responsible for insuring the Property against fire and other similar forms of property damage, risks or perils. The Town acknowledges that the County is either (i) constitutionally immune (or partially immune) from suit, judgment or liability, (ii) insured, or (iii) covered by a financial plan of risk management that is in the nature of self- insurance, all as determined by applicable laws, government policies and practices. No provision contained in this Agreement shall be deemed to be a waiver of the sovereign immunity of the Board of Supervisors of Roanoke County, Virginia, from tort or other liability. 8. The Town will be invited to participate in the project design team for the development of the plans for the construction of the new branch library. The County will make all final decisions of design and construction. 9. The Property and any buildings constructed thereon will be maintained according to applicable Town Code and Zoning Ordinance standards and will not be allowed to become blighted or fall into disrepair whether vacant or occupied by the County and /or one or more lessees. 10. This Agreement is subject to future appropriations by the Board of Supervisors of Roanoke County and by the Town Council of the Town of Vinton. 11. This Agreement is executed by the duly authorized County Administrator on behalf of the Board of Supervisors of Roanoke County, pursuant to Action # , adopted by said Board on the _day of June, 2011. 12. This Agreement is executed by the duly authorized Town Manager on behalf of the Town Council of the Town of Vinton, pursuant to Resolution , adopted by said Council on the day of , 2011. 13. This Agreement represents the entire agreement between the parties and may not be modified or changed except by written instrument executed by the parties. This Agreement shall be construed, interpreted, and applied according to the law of the Page 3 of 4 Commonwealth of Virginia, and shall be binding upon and shall inure to the benefit of the heirs, personal representatives, successors, and assigns of the parties. 14. This Agreement is executed in duplicate, with each having the effect of an original, one of which shall be provided to each of the parties hereto. WITNESS these signatures and seals this day of , 2011. BOARD OF SUPERVISORS OF ROANOKE COUNTY B. Clayton Goodman III, County Administrator Approved as to form: Roanoke County Attorney TOWN COUNCIL OF THE TOWN OF VINTON Chris Lawrence, Town Manager Page 4 of 4 GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA N -1 % of Ge neral Amou Fund Revenue Audited balance at June 30, 2010 $ 19,959,122 10.89% Addition of 2999 -10 operations 213,198 Balance at June 14, 2911 $ 29 10.84% ** Note: On December 21, 2994, the Board of Supervisors adopted a policy to increase the General Fund Unappropriated Balance incrementally over several years. * 2999 -10 a range of 9.5% -10.5% of General Fund Revenues 2999 -10 General Fund Revenues $188,758,559 9.5% of General Fund Revenues $17,741,872 10.5% of General Fund Revenues $19,899,438 ** 2818 -11 a range of 10.0% -11.9 % of General Fund Revenues 2810 -11 General Fund Revenues $189,818,185 19.8 % of General Fund Revenues $18,981,819 11.8 % of General Fund Revenues $28,858,809 The Unappropriated Fund Balance of the County is currently maintained at 10.84% which is within the range of our goal for 2018 -11. The County's goal is to increase the balance over time to 11.0% Submitted By Rebecca E. Owens Director of Finance Approved By B. Clayton Goodman III County Administrator�C,3� N -2 COUNTY OF ROANOKE, VIRGINIA CAPITAL RESERVES Minor County Capital Reserve (Projects not in the CIP, architectural /engineering services, and other one -time expenditures.) Audited balance at June 30, 2010 Addition of 2009 -10 operations September 28, 2010 Appropriation for option on 5755 Crystal Creek Drive December 14, 2010 Appropriation to purchase one fire vehicle December 14, 2010 Appropriation to replace the Walrond Park ball field lights December 14, 2010 Appropriation to terminate agreement for Jack Smith Industrial Park December 14, 2010 Appropriation to purchase property and house at 5755 Crystal Creek D Balance at June 14, 2011 Maim county capital Reserve Amount $1,400,233.20 2 (6 (82,847.00) (150,000.00) (382,632.72) (60,000.00) $2,794,330.48 (Projects in the CIP, debt payments to expedite projects identified in CIP, and land purchase opportunities.) Unaudited balance at June 30, 2010 $883,539.00 May 12, 2011 Appropriation for the purchase of two acreas from K. W. and ($306,000.00) Nancy A. McNeil for library purposes Balance at June 14, 2011 $577,539.00 Submitted By Rebecca E. Owens Director of Finance Approved By B. Clayton Goodman III County Administrator ?--C$, N -3 RESERVE FOR BOARD CONTINGENCY COUNTY of ROANOKE, VIRGINIA Balance at June 14, 2011 $ 48,262.50 Submitted By Rebecca E. Owens Director of Finance Approved By B. Clayton Goodman III County Administrator 3��— Amount From 201 0 -2011 Original Budget $100,000.00 July 13, 2010 Appropriation for Legislative Liaison (24,000.00) December 14, 2910 Appropriation for Special Election January 11, 2011 (19,520.00) January 11, 2011 Appropriation for additional audit fees (8 Balance at June 14, 2011 $ 48,262.50 Submitted By Rebecca E. Owens Director of Finance Approved By B. Clayton Goodman III County Administrator 3��— ACTION NO. ITEM NO. P -1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VI HELD AT THE ROANOKE COU NTY ADMINISTRATION CENTER MEETING DA7rE: June 14, 2011 AGENDA ITEM: Work session on a proposed amendment to the Roanoke County Comprehensive Plan to incorporate Urban Development Areas (UDAs) SUBMITTED BY: Philip Thompson Deputy Director of Planning APPROVED BY : B. Clayton Goodman III County Administrator tQ�4-_ COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Roanoke County Comprehensive Plan was adopted by the Board of Supervisors on March 22, 2005. The General Assembly approved a package of legislation in 2007 which included - the requirement that localities of a certain size and growth rate incorporate UDAs into their comprehensive plans by July 1, 2011. Roanoke County is one of many jurisdictions in the Commonwealth that must comply with these requirements. In addition to regular work sessions with the Planning Commission, planning staff has been working with representatives from the Roanoke Valley Alleghany Regional Commission /Roanoke Valley Area Metropolitan Planning Organization, the Virginia Department of Transportation, the Western Virginia Water Authority and the Roanoke County Department of Economic Development to establish a list of recommended UDA sites. Planning staff will review a presentation on the recommended L,IDAs with the Board during the work session. Draft text and draft UDA maps for inclusion in the Comprehensive Plan are also included for your review. The Planning Commission held a public hearing on the proposed UDA amendment on June 7, 2011. A tentative Board of Supervisors public hearing is scheduled for June 28, 2011. Ct Ct O U � � Q Ct � 0 rmi 0 N C Ol O O N N O O N 4-j Q O ct C 0 4-j a� J N N 0 O N OO Ln cn ca }' O - � O • � 4A CAA � � O O � N � . 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C 0 C O U W Q; V i N fa V Q i wj • • • • • 7w 0 rmmm� U u c 0 0 U Cu0 C C m a r-I r-I O N LL ca U Ul O Ul L L LL • r-I r-I O N t mmn CaA 2 � U 4� 0 0 0 0 rarld 00 N 4� V 0 0 DRAFT 6114111 Chapter 3: Land Use Issues 8. URBAN DEVELOPMENT AREAS GOAL: To identify and designate Urban Development Areas (UDAs) for new, infill and redevelopment activities that are: Appropriate for higher density development; In close proximity to transportation infrastructure; and Have public water and sewer availability. INTRODUCTION The Commonwealth of Virginia passed legislation in 2007 (Code of Virginia § 15.2- 2223.1) requiring localities with specified growth rates to establish one or more Urban Development Areas (UDAs) within their boundaries by July 1, 2011. Roanoke County meets these requirements due to a population of at least 20,000, a population growth of at least five percent, and adopted zoning. The population of the County was 85,778 persons according to the 2000 Census and 92,376 persons as determined by the 2010 Census for a growth rate of 7.69 percent. The Commonwealth defines Urban Development Area as "an area designated by a locality that is (i) appropriate for higher density development due to its proximity to transportation facilities, the availability of a public or community water and sewer system, or a developed area and (ii) to the extent feasible, to be used for redevelopment or infill development." Roanoke County UDAs must include the following densities on developable acreage (land that is not included in (i) existing parks, rights -of -way of arterial and collector streets, railways, and public utilities and (ii) other existing public lands and facilities): 1. Four single- family residences per acre; 2. Six townhouses per acre; 3. 12 apartments, condominium units or cooperative units per acre; 4. Floor area ratio (FAR) of at least 0.4 per acre for commercial development; or 5. Any proportional combination thereof. Roanoke County UDAs shall meet the residential and commercial growth projected for at least 10 but not more than 20 years, based upon Virginia Employment Commission (VEC) population estimates. Between years 2010 and 2030, a minimum of 6,672 (based on VEC 2020 population) and a maximum of 13,513 (based on VEC 2030 population) residents and employees must be planned for inclusion in UDAs as indicated in the chart below. Roanoke County Po ulation 1990 -2010 and 2020 -2030 Population Projections Year Population Population Chan a Percent Change Source 1990 79,332 US Census Bureau 2000 85 6 8.13% US Census Bureau 2010 92 6 7.69% US Census Bureau 2020 99 6 7.22% VEC 2030 105 6 6.91% VEC DRAFT 6114111 Chapter 3: Land Use Issues UDA boundaries and sizes shall be revisited every five years along with the review of the Comprehensive Plan, utilizing the most recent population growth estimates and projections. Principles of traditional neighborhood development and financial and other incentives shall also be incorporated into the Comprehensive Plan for use in UDAs. PRINCIPLES OF TRADITIONAL NEIGHBORHOOD DEVELOPMENT The following Traditional Neighborhood Development concepts should be considered for Roanoke County UDAs and at least one should be utilized in each UDA. Stree ts/Trans i t 1. Encourage slower -speed residential roads, variety of roads with different parking options. 2. Working with instead of against existing grades for building streets; organize streets in an understandable network. 3. Utilize shoulder and ditch section in more rural neighborhoods. 4. Encourage public transit and bus shelters. Environment 5. Highlight environmental features. 6. Encourage open space and tree preservation. 7. Use regional cues and rules as a foundation for environmentally responsible design. 8. Include meeting places (squares, plazas, greens, parks) within neighborhoods. Neighborhood Design 9. Stress connectivity — roads, open space, pedestrian and bicycle accommodations including gre enway s . 10. Encourage walking accessibility from homes to schools, day care and recreational facilities. 11. At and toward neighborhood centers — increase commercial activity including retail space, office space in mixed -use buildings and increase housing density. 12. Plan commercial buildings with second stories for housing or offices. 13. Face buildings and meeting places towards streets. 14. Mix multiple housing types and styles. Streetscape 15. Construct sidewalks on at least one side of all streets and on both sides of retail streets; use asphalt for paths and concrete for sidewalks. 16. Locate shady street trees in a grass strip between the curb and sidewalk on all non- commercial streets; place streetlights, mailboxes, trash receptacles and other objects within all grass strips. 17. Use shorter, dimmer streetlights towards neighborhood centers; include lighting at intersections in rural areas. Parking 18. Reduce on -site parking requirements in favor of on- street parking, public parking lots, mass transit and shared parking. 19. Locate parking garages as "anchors" to generate pedestrian activity; parking lots should lead to sidewalks instead of straight into businesses. 2 DRAFT 6114111 Chapter 3: Land Use Issues 20. Between rear parking lots and main street shopping, include a pedestrian walkway lined with shop windows. 21. Require one native shade tree per ten cars in parking lots. Building Design 22. Allow storefront signs 24" tall or less, projecting signs 12" tall or less, prohibit translucent signs and sign awnings. 23. Locate equipment and meters on building sides away from the street. 24. Allow buildings to have flat fronts and simple roofs with more elaborate designs to the rear. 25. Base window proportions, roof pitches, building materials and colors on regional designs. 26. Encourage privacy walls or fences on side property lines between townhouses. 27. Encourage first -floor apartments with adjacent sidewalks be raised at least 2 feet in height so that pedestrians cannot easily see inside. FINANCIAL AND OTHER INCENTIVES The following financial or other incentives may be available to developers and /or property owners building on lands designated as Urban Development Areas: 1. Fast - tracked plan reviews; 2. Reduced application fees; 3. Reduced permit fees; 4. Density bonuses; 5. Commercial Matching Grant Program (Hollins and West Main Street); 6. Utility partnerships /assistance; 7. Transportation infrastructure assistance; 8. Tax revenue reimbursements; and /or 9. Community Development Authorities (CDAs). ROANOKE COUNTY URBAN DEVELOPMENT AREAS Several UDAs have been identified for Roanoke County. To accomplish this task, planning staff compiled a detailed list of characteristics for each UDA including the following features: • Transportation • Access to I -81 or I- 581/220 • Access to a Primary Road (Routes 1 -599) • Bus Service (existing and proposed as part of an adopted County plan) • Proximity to a Park and Ride Lot • Public Utilities • Water Service • Sewer Service • Zoning • Acreage of zoning districts that meet the UDA density requirements (R -1, R -2, R- 3, R -4, C -1, C -2) and percentage of each UDA comprised of these zoning districts • Acreage of undeveloped and vacant parcels by residential zoning district 3 DRAFT 6114111 • Future Land Use Chapter 3: Land Use Issues o Acreage of future land use designations that meet the UDA density requirements (Neighborhood Conservation, Development, Transition, Core) and percentage of each UDA comprised of these designations Each UDA was then ranked according to compiled scores into the following order: 1. Tanglewood Mall 2. Electric Road North 3. Slate Hill 4. Electric Road /419 5. Brambleton Avenue /221 6. Williamson Road 7. Peters Creek Road 8. Dixie Caverns Area 9. Plantation Road 10. Bonsack Area 11. West Main Street 12. Thompson Memorial /419 13. Wildwood Road 14. Old Mountain Road 15. Glenvar East 16. Clearbrook 17. Clearbrook South 18. Mount Pleasant 19. Back Creek The potential population each area could produce was then calculated. As employment projections are complex to calculate, analysis focused on potential residential growth instead. Anticipated Large Residential Developments Three substantial residential projects planned although not yet under construction were analyzed to determine not only what densities can be expected for upcoming multifamily and townhouse development, but also how many residents can be anticipated from these developments. The Edward Rose Properties, Inc. multifamily development is planned for the intersection of Electric Road and Cove Road, situated in the Electric Road North UDA site. The developer proposes 252 multifamily units on 23.6 acres of land zoned R -3C for a density of 10.7 dwelling units per acre. Multiplying the average Roanoke County household size per the 2000 Census of 2.35 persons per household by the number of units yields 592 anticipated residents. The South Peak Condominium Project is located at the top of the development formerly known as Slate Hill at the intersection of Electric Road and Franklin Road, part of the Slate Hill UDA 11 DRAFT 6114111 Chapter 3: Land Use Issues site. 96 multifamily units are proposed for 10.3 acres of R -3 zoned land for a density of 10.3 dwelling units per acre. The projected residents for these 96 units totals 226 people. The Suncrest development is located north of the intersection of Peters Creek Road and Airport Road in the Peters Creek Road UDA site. 114 multifamily and townhouse units are proposed on 12.7 acres of land zoned R -4C for a density of 9.0 dwelling units per acre. 268 residents are anticipated to reside in this development. The average density for these residential developments is 10.0 dwelling units per acre, with a total projected residential population of 1,086 persons. Redevelopment Scenario For sites with residential zoning, regardless of existing development and therefore assuming substantial redevelopment, acreage in R -1 and R -2 districts was divided by the minimum lot size (7,200 square feet) and then the average Roanoke County household size, per the 2000 Census (2.35 persons per household), was multiplied by the minimum lot size to estimate the potential population growth for those districts. For the R -3 and R -4 districts, the average density for three projects nearly underway (10 dwelling units per acre) was multiplied by the acreage with the result multiplied by the average household size (2.35 persons per household). The total estimated residential population was calculated at 23,357 residents. Vacant /Undeveloped Lands Scenario As 23,537 residents is well over the maximum 13,513 residents and employees Roanoke County must accommodate in the proposed UDAs, analysis was then performed on residentially -zoned lands within the proposed UDAs that are currently vacant and /or undeveloped to focus on locations which are more likely to develop first. The total projected population based upon residentially -zoned vacant and undeveloped parcels and including the anticipated large residential development projections was 14,158 people, which exceeds the maximum population projection allowed. Recommended UDA Sites Utilizing the vacant and undeveloped calculations, four proposed UDA sites were removed from the lower portion of the ranked list (Back Creek, Mount Pleasant, Clearbrook South and Old Mountain Road) in order to meet approximately the midpoint of the population projections needed. The resulting list below totals 10,678 people, including the anticipated large residential development projections. 5 DRAFT 6114111 1. Tanglewood Mall (commercial) 2. Electric Road North 3. Slate Hill 4. Electric Road/419 5. Brambleton Avenue /221 6. Williamson Road 7. Peters Creek Road 8. Dixie Caverns Area 9. Plantation Road 10. Bonsack Area 11. West Main Street 12. Thompson Memorial /419 13. Wildwood Road 14. Glenvar East 15. Clearbrook (commercial) Chapter 3: Land Use Issues These locations are indicated on an Urban Development Areas Map and on the Future Land Use Map. Col E O U ry o A --j a) E O m la > Q _ i�+ N O cn N a - LO O O O z m 0 l � Q� E� � \J O fII �C/ La rU) ^�� cu 70 � L6 L6 � N L LL L' V J G O VI o o _ � N U > O 1 [6 O -0 W O _ L= v� E - U CL o� A' N E W Q) m � > x O > � 0 > � /�� .2 E M 9 W (5 W m > d d m > > V U p Z _ �� - Z T C 0 M W � N � o y�RGlIVI O } z co a �N � d �'l'Y +- - V �4rvno`� c E Q O � > � > ko v 2 a, N O I S -2 N CO ,L CE L L I� C � > Q U I- ,G T 0°° Ln ^O' � I..L fu 0 U C Q O m O ' C M 0 Y O O L 1 U m o m C: m a m ry Q , LL , " M U cn L L.L n t� U U 0,,.- Q) 11 W C'4 N m E > L- Q C: O 0 Om co O_ta E E a) O N C c �j� ui m O }, m 0 W O L O m > N L VJ m G cn m a) L L m U Q) x 0 ACTION NO. ITEM NO. P -2 B03-, AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 14, 2011 AGENDA ITEM: SUBMITTED BY: Work Session to discuss an Ordinance amending Chapter 4. "Amusements ", Section 4 -4. "Definitions ", Section 4 -11. " Security" and Section 4 -13. "Entry and inspections; enforcement; penalties" of the Roanoke County Code to provide for security, inspection and penalties for the failure to maintain private swimming pools Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: On May 10, 2011, the Board held a first reading on this ordinance and at that time the Board requested a work session for further discussion. This ordinance amends Chapter 4. "Amusements" of the Roanoke County Code to provide for the inspection and security of private swimming pools. This ordinance is requested by the County Administrator to address the problem of owner's of private swimming pools failing to maintain these facilities and allowing the growth of algae and the creation of a breeding area for mosquitoes. It appears that this problem is becoming more prevalent as properties are foreclosed upon or otherwise abandoned by their owners. This ordinance amends Section 4 -4. `Definitions' to include private swimming pools. It amends Section 4 -11 which deals with security of such facilities and to require the treatment of water to prevent the growth of algae and the breeding of mosquitoes or other vermin. Finally, this ordinance amends Section 4 -13 to provide for a penalty for violations and to authorize the County to take remedial actions, the cost of which is to be assessed against the property owner and a lien against the real estate. Please advise staff when the attached ordinance should be scheduled for second reading. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 14 WHEREAS, the first reading of this ordinance was held on May 10, 2011, and the second reading was held on June 28, 2011. NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County as follows: Page 1 of 4 1. That Article I. "In General" of Chapter 4. "Amusements" of the Roanoke County Code is amended and reenacted as follows: Sec. 4 -11. - Security. Swimming ools shall be maintained in a manner which will not create a nuisance or hazard to the public safety and well- being, and the pool area shall be Page 2 of 4 adequately secured against unauthorized entry by the public in general. The impounded water shall, at all times, be treated in a manner which will prevent the growth of algae and the breeding of mosquitoes or other vermin Sec. 4 -13. - Entry and inspections; enforcement; penalties. (a) In accordance with the provisions of section 32.1 -25 of the Code of Virginia, 1950, as amended, the health director or his designee shall have the right to enter any property to conduct inspections and to ensure compliance with this article. All public swimming pools in the county may commence operations each year only after being inspected by the health director or his designee and receiving a permit from the director and after complying with all licensing requirements of the commissioner of the revenue. The health director is authorized to require each owner to complete and submit an annual application, all in such form as the director shall approve. Each application shall be accompanied by a fee in the amount of. fifty dollars ($50.00) to partially reimburse the county for the cost of this inspection. (b) When the health director finds that the provisions of this article are not met or that any condition exists that endangers the life, health or safety of the users of any public swimming pool, he may order the facility closed until the condition is corrected. When the health director finds that any provisions of this chapter are not met, he shall give written notice to the owner of the specific sections of this Code which are being violated and afford the owner an opportunity to respond to such notice. Failure of any owner to respond to the health director's notice either in writing or in person, within ten calendar days, shall be considered an admission of fact as to the existence of the violations set forth in the notice of violation. Upon the occurrence of any violation of this chapter, which does not threaten the life, health or safety of any user of the pool, the health director shall have the authority to develop reasonable steps for the correction of any violations in consultation with pool owner. Continued failure to comply with these regulations shall be cause for revocation of any permit or business license issued, as required in subsection (a). Any person aggrieved by the refusal of the health director to grant, or by the revocation or suspension of, a permit or license shall have the right to appeal therefrom to the circuit court of the county within thirty (30) days of such refusal, revocation or suspension. I% (c) Any owner, agent or operator in charge of or control of any public swimming pool which is in violation of the provisions of sections 4 -4 through 4 -12 shall be guilty of a Class 4 misdemeanor. Any owner, agent or operator who shall operate a public swimming pool without a license or permit shall be guilty of a Class 1 misdemeanor. Each day of operation of such pool without a valid license or permit shall constitute a separate offense. (d) The health director shall utilize the inspection process to develop recommendations designed to promote safety and health in swimming which are responsive to the unique needs and situations of each pool. Le I Any owner of a private residential swimming pool who is in violation of Section 4 -11 shall be guilty of a Class 4 misdemeanor. In addition to any criminal penalty the County Administrator or his designee sh be authorized to take such remedial actions as may be necessary to protect the public health, safety or welfare, Page 3 of 4 and the cost of such remedial actions shall be assessed against the property owner, a lien for such costs shall be placed against the real estate, and collected as real estate taxes. 2. That this ordinance shall be in full force and effect from and after its adoption. Page 4 of 4 ACTION NO. ITEM P -3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRAI - ION CENTER MEETING DATE June 14, 2011 AGENDA rrEM Work session on amendments to the Roanoke County Zoning Ordinance dealing with Large Wind Energy Systems and Utility Wind Energy Systems SUBMITTED BY : Philip Thompson Deputy Director of Planning John Murphy Zoning Administrator APPROVED BY : B. Clayton Goodman III County Administrator all**r COUNTY ADMINISTRATOR'S COMMENTS SUMMARY OF INFORMATION In June 2009, the Planning Commission and Community Development staff identified several areas of the zoning ordinance to review and update. Wind energy was one of the areas identified to research and to develop regulations for which could be incorporated into the zoning ordinance. The Planning Commission has reviewed wind energy issues at numerous work sessions over the past twenty -four (24) months. On January 4, 2011, the Planning Commission finalized draft zoning ordinance amendments dealing with large wind energy systems and utility wind energy systems. The Planning Commission held a public hearing on draft zoning ordinance amendments for large and utility wind energy systems on March 1, 2011. Approximately sixty (0 citizens spoke at the public hearing. The Planning Commission postponed action on the draft ordinance amendments to review - the public comments made during the public hearing. The Planning Commission held three (3) work sessions (March 15, 2011, April 19, 2011, and May 17, 2011), and visited a utility -scale wind farm in Greenbrier, WV as part of its deliberations on the draft ordinance amendments after the public hearing. On May 17, 2011, the Planning Commission recommended approval by a vote of five to zero (5 -0) of the draft zoning ordinance amendments. Staff will review with the Board the proposed zoning ordinance amendments dealing with large wind energy systems and utility wind energy systems. DRAFT Zoning Ordinance Amendments — Large & Utility Wind Energy Systems Page 1 of 10 ARTICLE II - DEFINITIONS AND USE TYPES SEC. 30 -29. USE TYPES; GENERALLY. Definitions: Wind energy system, large: A wind energy conversion system consisting of one or more wind turbines, towers and associated control or conversion electronics, having a rated nameplate capacity of not more than 999 kilowatts (kW). For purposes of non - residential net metering, Virginia Code Sec. 56 -594B limits the electrical generating facility to a capacity of not more than 500 kilowatts. Wind energy system, utility: A wind energy conversion system consisting of more than one wind turbine, towers and associated control or conversion electronics, having a rated nameplate capacity of one (1) megawatt (MW) or greater. Note: Text additions are underlined and in red font; Text dee 1 . pe t i s a Fe tr "rp„ " a aIgd 6 R i np DRAFT Zoning Ordinance Amendments — Large & Utility Wind Energy Systems Page 2 of 10 ARTICLE III — DISTRICT REGULATIONS SEC. 30 -32. AG -3 AGRICULTURAL /RURAL PRESERVE DISTRICT. Sec. 30 -32 -2. Permitted Uses. (B) The following uses are allowed only by special use permit pursuant to section 30 -19. An asterisk ( *) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 5. Miscellaneous Uses Wind Energy S ystem, Lard Wind Ener S ystem , Utility* SEC. 30 -33. AG -1 AGRICULTURAL /RURAL LOW DENSITY DISTRICT. Sec. 30 -33 -2. Permitted Uses. (B) The following uses are allowed only by special use permit pursuant to section 30 -19. An asterisk ( *) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 6. Miscellaneous Uses Wind Enemy S ystem, Lard Wind Ener S ystem, Utility* SEC. 30 -61. I -1 LOW INTENSITY INDUSTRIAL DISTRICT. Sec. 30 -61 -2. Permitted Uses. (B) The following uses are allowed only by special use permit pursuant to section 30 -19. An asterisk ( *) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 3. Miscellaneous Uses Wind Ener S ystem, Lard Wind Ener S ystem, Utility* Note: Text additions are underlined and in red font; Text dee 1 . pe t i s a Fe tr h ., r, - aIq aIgd 6 R i np DRAFT Zoning Ordinance Amendments — Large & Utility Wind Energy Systems Page 3 of 10 SEC. 30 -62. I -2 HIGH INTENSITY INDUSTRIAL DISTRICT. Sec. 30 -62 -2. Permitted Uses. (B) The following uses are allowed only by special use permit pursuant to section 30 -19. An asterisk ( *) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 4. Miscellaneous Uses Wind Energy System, Large* Wind Energy S ystem, Utility* Note: Text additions are underlined and in red font; Text dee 1 . pe t i s a Fe tr h ., r, - aIq aIgd 6 R i np DRAFT Zoning Ordinance Amendments — Large & Utility Wind Energy Systems Page 4 of 10 ARTICLE IV — USE AND DESIGN STANDARDS SEC. 30 -87. MISCELLANEOUS USES. See. 30 -87 -7. Wind Energy System, Larme; and Wind Enemy System, Utility. A) Pumose and Intent: The bumose of this ordinance is to brovide regulations for the placement, design, construction, monitoring, operation, modification, and removal of large wind energy systems and utility wind energy systems, while addressing public safety minimizing impacts on scenic natural and historic resources of the County and not unreasonably interfering with the development of independent renewable energy sources. (B) General Standards: 1. Type of Tower: The tower component of any large wind energy system or utility wind energy system shall be one of monopole design that is recommended and certified by the manufacturer. 2. Tower Color: Anv large wind enerav system tower or utility wind enerav system tower shall maintain a white or galvanized steel finish, unless Federal Aviation Administration (FAA) standards require otherwise. The Board of Supervisors may allow a property owner, who is attempting to conform the tower to the surrounding environment and architecture, to paint the tower to reduce its visual obtrusiveness. 3. Setbacks: Larne wind enerav systems and utility wind enerav systems shall be set back a distance of one hundred ten percent (110 %) of the height of the wind energy system from all adjoining non - participatin property lines, and shall be set back a distance of 2,640 feet from existing dwelling units on non - participating properties. The Board of Supervisors may modify the required setbacks from property lines and existing dwelling units as appropriate based on site specific considerations during the special use permit process. Setbacks shall be measured from the base of the tower of the wind energy system. 4. Svstem Height and Sebaration: The maximum height of a large wind ener system or utility wind ener yyssystem, and the minimum distance required between these systems' towers shall be established duriniz the special use permit process by the Board of Supervisors. System height is defined as the vertical distance measured from average ,grade at the base of the tower to the highest point of the turbine rotor or tip of the turbine blade when extended to its highest elevation. The system height established through a special use permit shall supersede any other height requirement in the zoning ordinance. Note: Text additions are underlined and in red font; Text dnlletin am st�r-1-c t i g h and *r, rncl fmq DRAFT Zoning Ordinance Amendments — Large & Utility Wind Energy Systems Page 5 of 10 5. Noise: Larne wind enerav systems and utility wind enerav systems shall not exceed 60 decibels (dB(A)), as measured from the closest non - participating property line. Based upon site specific considerations, the Board of Supervisors may modify the decibel level during the special use permit process. An anal prepared by an acoustical engineer with a professional engineering license in the Commonwealth of Virginia, shall be provided to demonstrate compliance with this noise standard. 6. ShadowinLY/Flicker: Larne wind enerav systems and utility wind enerav systems shall be sited in a manner that minimizes shadowing and flicker impacts. The applicant has the burden of proving that this effect does not have significant adverse impacts on neig hboring or adjacent uses through the appropriate sitinof the facility or through miti ation. 7. Lighting: Large wind energy systems and utility wind energy systems shall not be artificially lighted unless required by the Federal Aviation Administration (FAA) or an appropriate authority. 8. Communication Interference: Larne wind enerav systems and utility wind ener systems shall be sited in a manner that minimizes the disruption or loss of radio, telephone, television or similar signals or service. If loss or disruption occurs due to the operation of the large wind energy system or utility wind energsystem,, the applicant shall be required to provide appropriate mitigation measures to ensure that the signal or service is restored within 24 hours. 9. Aimorts: No large wind enerav systems and utility wind enerav systems shall be constructed unless the applicant has i.) first completed and submitted a Federal Aviation Administration (FAA) Form 7460 -1 to the FAA for the preparation of an aeronautical study and determination of there being no Hazard to Air Naviga prior to filing an application for a special use permit; and ii.) has provided a copy of the completed FAA Form 7460 -1, including all attachments and the FAA's case study number, to the Executive Director of the Roanoke Regional Airport Commission at least 30 days prior to filing an application for a special use permit. 10. Zoning Overlay Districts: Large wind energy systems and utility wind energy systems shall comply with any additional requirements established in the airport overlay district in Section 30 -72 of this ordinance, and the emer communications overlay district in Section 30 -73. 11. Advertising: Signs, writing, pictures, flags, streamers, or other decorative items that may be construed as advertising are prohibited on wind energy systems, except as follows: (a Manufacturer's or installer's identification on the wind turbine; and (b) Appropriate warning signs and placards. Note: Text additions are underlined and in red font; Text dnlletin am st�r-1-c t i g h and *r, rncl fmq DRAFT Zoning Ordinance Amendments — Large & Utility Wind Energy Systems Page 6 of 10 12. Speed Controls: Large wind energy systems and utility wind energy systems shall be equipped with manual (electronic or mechanical) and automatic over speed controls to limit the blade rotation speed to within the design limits of the wind energy s stem. 13. Land Clearing. Soil Erosion and Habitat Imbacts: Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the wind facility. Adherence to Erosion and Sediment Control regulations is required. The restoration of natural vegetation in areas denuded for construction activities shall be required so long as the restored vegetation does not interfere with the operation of the wind energy system or the maintenance thereof. 14. Monitoring and Maintenance The anblicant shall maintain large wind ener systems and utility wind energy systems in good condition. Such maintenance shall include, but not be limited to, painting, structural integrity of the foundation and support structure and security barrier (if applicable), and maintenance of the buffer areas and landscaping if present. Site access shall be maintained to a level acceptable to the Zoning Administrator in accordance with the County's Fire Access Code. The project owner shall be responsible for the cost of maintaining the large wind energy system and the utility wind energy system and access roads, unless accepted as a public way, and the cost of repairing and damage occurring as a result of operation and construction. 15. Removal of Defective or Abandoned Large Wind Energy Systems or Utilit Wind Ener S ystems: (a At such time that a large wind energy system or utility wind energy system is scheduled to be abandoned or discontinued, the owner shall notify the Zoning Administrator by certified mail of the proposed date of abandonment or discontinuance of operations. b) Within 180 days of the date of abandonment or discontinuation. the owner shall physically remove the large wind energy system or utilit wind energy system. This period may be extended at the request of the owner and at the discretion of the CountPhysically remove shall include but not be limited to: i. Removal of the wind turbine and tower, all machinery, equipment, equipment shelters, security barriers, and all appurtenant structures from the subject property; ii Proper disposal of all solid and hazardous materials and wastes from the site in accordance with local and state solid waste disposal regulations; Note: Text additions are underlined and in red font; Text dnlletin am st�r-1-c t i g h and *r, rncl fmq DRAFT Zoning Ordinance Amendments — Large & Utility Wind Energy Systems Page 7 of 10 iii Restoration of the location of the large wind enerav system or utility wind energy system to its natural preexisting condltlon, except that any landscapin or g radin g ma remain in the after - condition if a written request is submitted by the landowner to the Count y. iv. Foundations shall be removed to a depth of three (3) feet below ground level or covered to an equivalent depth with fill material. At the time of removal, the site shall be restored to its preexisting condition If a written request is submitted by the landowner to the County then this requirement may be waived or altered for any other legally authorized use. Restoration shall be verified b Count y. C) If the large wind enerav system or utility wind enerav system. or anv Dart thereof, is inoperable for more than 180 days and the owner fails to give such notice to the County, then the large wind energy system or utility wind energy system shall be considered shall be considered abandoned or discontinued. The County shall determine in its decision what proportion of the large wind energy system or utility wind energy system is inoperable for the wind energy system to be considered abandoned. (d) Decommissioning_ i. If an applicant fails to remove a large wind enerav system or utilit wind enemy system in accordance with this section of the ordinance, the County shall have the authority to enter the subi ect property and physically remove the facility. The County shall require the applicant, and /or subsequent owners of the property or large wind energ system or utility wind energy system, to provide a form of surety mutually agreeable to the applicant and the County to cover costs of the removal in the event the County must remove the facility. ii Prior to obtaining a Certificate of OccuDancv and Zonin Compliance from the County and on every tenth (10 anniversary of the commencement of the commercial operation of the project, the applicant shall provide to the County an estimate of the projected cost of removing the turbines and other equipment from the site as determined by an independent engineer mutually agreeable to the applicant and County ( "Gross Decommissioning Cost' ). iii Based on this determination, the applicant shall post and maintain decommissioning funds in an amount equal to Net Note: Text additions are underlined and in red font; Text dnlletin am st�r-1-c t i g h and *r, rncl fmq DRAFT Zoning Ordinance Amendments — Large & Utility Wind Energy Systems Page 8 of 10 Decommissioning Cost, that being Gross Decommissioning Cost minus Salvage value. iv. Decommissioning Funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be mutually acceptable to the applicant and the County. V. The Decommissioning Funds shall be posted and maintained with a bonding company or Federal or State chartered lending institution mutually greeable to the applicant and Count 16. Compliance with Other Regulations: Large wind energy systems and utility wind energy systems shall comply with all applicable local, state and federal regulations. 17. Application Requirements: a) All botential abblicants for a large wind enerav system or utility wind energ system shall consult with County staff at least thirty (30) da s prior to submitting an application. During this consultation, the applicant shall present information to the County staff reg the proposed project its objectives and its potential site and viewshed impacts including potential direct and indirect impacts to a national or state forest, national or state park unit, wildlife management area, or known historic or cultural resource site within five (5) miles of the proposed project. The staff shall provide the potential applicant with information on County policies and standards for large wind energy systems and utility wind energsystems. (b) In addition to the application requirements contained in Section 30 -19 -2 of this ordinance, all applications for a large wind energy system or utility wind energy system shall provide the following at the time of the application: i. A detailed concebt blan with broiect location mabs that show the location and clearing limits of all components of the lar e wind energy system or utility wind energy system. Project components include, but are not limited to: roads, power lines and other project infrastructure; collector, distribution and transmission lines; temporary or permanent storage lay down areas; substations; and any structures associated with the project. ii A description and analysis of existing site conditions, including information on topo r hy, archaeological and historic resources, natural water courses, floodplains, unique natural features, tree cover areas, etc. Note: Text additions are underlined and in red font; Text dnlletin am st�r-1-c t i g h and *r, rncl fmq DRAFT Zoning Ordinance Amendments — Large & Utility Wind Energy Systems Page 9 of 10 111 Accurate. to scale. bhotoarabhic simulations showing the relationship of the large wind energy system or utility wind enemy system and its associated facilities and development (i.e. substation, appurtenances, disturbed areas, etc.) to its surroundings. The photographic simulations shall show such views of wind energy structures from locations such as property lines and roadways, as deemed necessary y the County in order to assess the visual impact of the large wind energy system or utilit wind e nerg y system. The total number of simulations and the perspectives from which they are prepared shall be established by the County staff at the pre- submission consultation required in section 17 (a) above. County staff will work with all national or state forest, national park or state park unit, wildlife mana ement area, or known historic or cultural resource site within five (51 miles of the proposed project to establish which possible observation points and visual simulations will be necessary represent the most sensitive views from which the project will be visible. iv. Sound study providing an assessment of pre - construction and post - construction conditions. Additionally, the applicant shall provide documentation regarding noise complaint response procedures and protocol for post - construction monitoring_ v. A phasing schedule for the construction of the large wind energy system or utility wind energ system, including staging areas, off - site storage facilities and transportation routes. vi. Written verification that all reauired submittals to the Federal Aviation Administration (FAA) have been submitted, including a copy of the completed FAA Form 7460 -1 and all attachments. A copy of the FAA's written determination of whether the proposed large wind energy system or utility wind energy system would create a Hazard to Air Navigation shall be submitted. vii. A summary of the wind data gathered for the bronosed large wind energy system or utility wind energy system. The dates and periods of the collection of the wind data shall also be submitted. The applicant shall provide access to the wind data for County staff or its consultant(s), as needed. viii. The County shall provide written notification to the office of a national or state forest, national or state park unit, wildlife management area, or known historic or cultural resource site, if a Note: Text additions are underlined and in red font; Text de tir►r.s am st�al-c + la h and *r, pq DRAFT Zoning Ordinance Amendments — Large & Utility Wind Energy Systems Page 10 of 10 proposed wind energy system is within five (5) miles of the boundary of said entity ix. Information (including modelin reg arding the impacts from shadowing and shadow flicker for the proposed large wind energy system or utility wind energ system during different times of the year (seasonal) and different times of the day. X. Additional information as deemed necessary y Count staff. (c) The applicant shall be responsible for all fees associated with the filing of the application including the cost of any independent analysis deemed necessary the county to verify the information submitted for the large wind energy system or utility wind energsystem. (d) The applicant shall conduct public information meeting(s) to discuss its development plans and obtain community feedback. Note: Text additions are underlined and in red font; Text deele+;„n.s am st�r-1-c t 1irm, wa h and *r, rncl fmq 0 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 14 RESOLUTION CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2 -3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member's knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies; and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia.