HomeMy WebLinkAbout7/12/2011 - RegularRoanoke County
Board of Supervisors
Agenda
July 12, 2011
Good afternoon and welcome to our meeting for July 12, 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: Pastor Eugene Kitney
Roanoke Seventh Day Adventist 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
D. BRIEFINGS
E. NEW BUSINESS AND PUBLIC HEARING
1. Resolution requesting The Virginia Department of Transportation to restrict
through truck, or truck and trailer or semi - trailer combinations on Route 657
(Crowell Gap Road), Cave Spring Magisterial District (David Holladay,
Planning Administrator)
Page 1 of 4
F. NEW BUSINESS
1. Request to approve Smith Gap Landfill Host Community Improvement Fund,
Public Improvement Plan Expenditures (David Holladay, Planning
Administrator)
2. Resolution granting a waiver to Brandon LaCroix, Tournament Chairman for
the JJ Redick Celebrity Golf Tournament and Gala under Section 13 -23 of the
Roanoke County Code to the provisions of the County's noise ordinance,
Article II. Noise of Chapter 13. Offenses — Miscellaneous, Vinton Magisterial
District (Paul M. Mahoney, County Attorney)
G. PUBLIC HEARING AND SECOND READING OF ORDINANCES
1. Ordinance authorizing the lease of space in the South County Library to
Johnson & Elich Roasters, Ltd. d /b /a Mill Mountain Coffee and Tea for the
operation of a coffee shop (Diane D. Hyatt, Assistant County Administrator)
H. 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 Tourism Advisory Commission (appointed by District)
I. 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 — June 14, 2011
2. Request to accept and appropriate a Local Government Challenge Grant in
the amount of $5,000 from the Virginia Commission for the Arts
3. Request to accept and appropriate a donation in the amount of $500 for the
Blue Ridge Regional Crash Investigation Team for traffic safety projects for
fiscal year 2010 -2011
Page 2 of 4
4. Request to accept and appropriate funds in the amount of $48,746 to the
Sheriff's Office from Federal Grant 12- D5846CR09, approved under the
Criminal Justice Systems Improvement Program from the Department of
Criminal Justice Services
5. Request from the Library to accept and appropriate a programming support
grant in the amount of $500 from the Commonwealth of Virginia Commission
for the Arts
6. Confirmation of appointments to the Board of Zoning Appeals (appointed by
District); Roanoke Valley Sustainability Consortium Steering Committee
7. Resolution adopting new Vinton Business Center Development Guidelines
and Protective Covenants and authorizing the recordation of such document
in the Circuit Court Clerk's office of Roanoke County, Virginia
8. Resolution expressing the appreciation of the Board of Supervisors of
Roanoke County to Shelia Rose Dooley, Customer Service Representative II,
upon her retirement after more than twenty -eight years of service
J. REQUESTS FOR WORK SESSIONS
K. REQUESTS FOR PUBLIC HEARINGS
L. CITIZENS' COMMENTS AND COMMUNICATIONS
M. REPORTS
1. General Fund Unappropriated Balance
2. Capital Reserves
3. Reserve for Board Contingency
N. REPORTS AND INQUIRIES OF BOARD MEMBERS
1. Richard C. Flora
2. Eddie "Ed" Elswick
3. Charlotte A. Moore
4. Michael W. Altizer
5. Joseph B. "Butch" Church
Page 3 of 4
O. WORK SESSIONS
1. 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)
2. Work session to discuss proposed leases with the civic group to operate a
community center and Roanoke County School Board (B. Clayton Goodman
III, County Administrator)
3. Work session to discuss two proposed surveys (B. Clayton Goodman III,
County Administrator)
P. CLOSED MEETING, pursuant to the Code of Virginia as follows:
1. Section 2.2.3711.A.1. Discussion concerning the assignment, appointment,
promotion, performance, demotion, salaries, disciplining, or resignation of
specific public officers, appointees, or employees; Discussion concerning the
appointments to the Virginia Western Community College Board; Roanoke
Valley Sustainability Consortium Steering Committee.
2. Section 2.2.3711.A.3. To discuss or consider the acquisition of real property
for public purposes, where the discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the County.
Q. CERTIFICATION RESOLUTION
R. ADJOURNMENT
Page 4 of 4
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
M E EI'I N G DA"rE: July 12, 2011
AGENDA i'rEM: Resolution requesting The Virginia Department of
Transportation to restrict through truck, or truck and trailer or
semi - trailer combinations on Route 657 (Crowell Gap Road),
Cave Spring Magisterial District
SUBMITTED BY:
APPROVED BY:
David Holladay
Planning Administrator
B. Clayton Goodman III
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
In April, 2011, the Franklin County Board of Supervisors initiated steps with the Virginia
Department of Transportation (VDOT) to restrict through truck traffic on Crowell Gap
Road. Since Crowell Gap Road encompasses two counties, both the Franklin County
and Roanoke County Boards of Supervisors would need to hold public hearings and
adopt resolutions on the request. Franklin County held a public hearing on June 21,
2011, and adopted a resolution supporting the through truck restriction.
The process to restrict through truck traffic on a secondary street requires that the local
governing body hold a public hearing and adopt a resolution formally requesting that
VDOT place this restriction on a given section of roadway. Once the public hearing has
been held and the resolution adopted, the request is forwarded to the local Resident
Administrator who forwards the request along with supporting documentation to the
State Mobility Management Engineer. The State Mobility Management Engineer makes
a recommendation to the Commissioner of VDOT for consideration. - fhe
Commonwealth Transportation Board delegates the authority to restrict through truck
traffic on secondary highways to the Commissioner.
Page 1 of 2
There are several key criteria that VDOT considers prior to approving any proposed
restriction:
1. A reasonable alternative route is provided.
2. Character /frequency of the truck traffic on the route is not compatible with the
affected area.
I Roadway is residential in nature.
4. Roadway must be functionally classified as either local or collector.
The failure to satisfy both criteria one and two, and either three or four will result in the
request being denied. Local truck traffic, such as for deliveries or someone who resides
on - this route, are not affected by the designation, however, all other through truck traffic
would be required to use the selected alternate route.
The through truck, or truck and trailer, or semi - trailer combination restriction is proposed
for Route 657 (Crowell Gap Road) beginning at the intersection of Route 684 (Boones
Mill Road), then traveling west on Route 657 (Crowell Gap Road), and ending at the
intersection of Route 666 (Bandy Road), with the termni to termni distance equaling
approximately three point two (3.2) miles.
The alternate route proposed is Route 684 (Boones Mill Road) beginning at the
intersection of Route 657 (Crowell Gap Road), then traveling south to Route 220 (Virgil
Goode Highway /Franklin Road), then traveling north to Route 657 (Crowell Gap Road),
then traveling east to intersection of Route 666 (Bandy Road), with termni to termni
distance equaling approximately twelve point one (12.1) miles. (See attached map.)
FISCAL IMPACT:
None
ALTERNA`fIVES:
1. Adopt the attached resolution
2. Do not adopt the attached resolution
STAFF RECOMMENDATION:
Staff recommends alternative #1
Page 2of2
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JULY 12, 2011
RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT OF
TRANSPORTATION TO RESTRICT THROUGH TRUCK, OR TRUCK
AND TRAILER OR SEMI - 'RAILER COMBINATIONS ON ROUTE 657
(CROWELL GAP ROAD), CAVE SPRING MAGISTERIAL DISTRICT
WHEREAS, the Roanoke County Board of Supervisors and the Franklin County
Board of Supervisors have studied the possibility of placing a through truck, or truck and
trailer, or semi- trailer combinations restriction on Route 057 (Crowell Gap Road ); and
WHEREAS, the through truck, or truck and trailer, or semi - trailer combinations
restriction is proposed for Route 657 (Crowell Gap Road) beginning at the intersection
of Route 684 (Boones Mill Road), then traveling west on Route 657 (Crowell Gap
Road), and ending at the intersection of Route 666 (Bandy Road), with the termini to
termini distance equaling approximately three point two (3.2) miles; and
WHEREAS, the alternate route proposed is Route 684 (Boones Mill Road)
beginning at the intersection of Route 657 (Crowell Gap Road), then traveling south to
Route 220 (Virgil Goode Highway /Franklin Road), then traveling north to Route 657
(Crowell Gap Road), then traveling east to the intersection of Route 666 (Bandy Road),
with the termini to termini distance equaling approximately twelve point one (12.1) miles;
and
WHEREAS, the alternate route has been found to be reasonable; and
WHEREAS, a public hearing was held on July 12, 2011, according to Section
46.2 -809 of the Code of Virginia, 1950, as amended.
NOW, THEREFORE BE IT RESOLVED, that the Roanoke County Board of
Supervisors requests the Virginia Department of Transportation to restrict through truck,
Page 1 of 2
or truck and trailer, or semi - trailer combinations on Route 657 (Crowell Gap Road)
beginning at the intersection of Route 684 (Boones Mill Road), and ending at the
intersection of Route 666 (Bandy Road), with the termni to termni distance equaling
approximately three point two (3.2) miles; and
BE IT FURTHER RESOLVED that the County will use its offices for enforcement
of the proposed restriction in Roanoke County.
BE IT FURTHER RESOLVED that a copy of this resolution be sent to the Clerk
of the Franklin County 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: July 12, 2011
AGENDA rrEM: Request to approve Smith Gap Landfill Host Community
Improvement Fund, Public Improvement Plan Expenditures
SUBMITTED BY: David Holladay
Planning Administrator
APPROVED BY: B. Clayton Goodman III
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Roanoke Valley Resource Authority (RVRA) has requested that the Roanoke County
Board of Supervisors review and approve a Public Improvement Plan funded through the
Landfill Host Community Improvement Fund.
The zoning approval of the Smith Gap Regional Landfill included the adoption of Permit
Conditions and Operating Policies that govern the use and operation of the landfill
property. Included in these policies was the establishment of a Host Community
Improvement Fund. The host community is defined as an area within a five thousand
(5,000) foot radius from the landfill property.
The Host Community Improvement Fund was established using donations from the RVRA,
in order to - fund construction and maintenance of public improvements to the host
community. Ten thousand dollars ($10,000) is donated to the fund annually by the RVRA.
Expenditures from the fund would be developed with assistance from the residents of the
host community, and reviewed by the RVRA Board of Directors, as well as the Roanoke
County Planning Commission and Board of Supervisors.
The proposed Public Improvement Plan involves bringing wireless internet services into
and throughout the host community area. The RVRA Board of Directors reviewed and
approved the proposed Public Improvement Plan on June 22, 2011. Details of the
Page 1 of 2
proposed project, as well as - the recent RVRA review and approval, are attached.
FISCAL IMPACT:
There will be no fiscal impact to Roanoke County.
ALTERNATIVES:
1. Board of Supervisors approve the recommended Public Improvement Plan as
presented by the Host Community and approved by the Roanoke Valley Resource
Authority and Roanoke County Planning Commission.
2. Take no action.
STAFF RECOMMENDATION:
Staff recommends alternative one.
Page 2 of 2
ROANOKE VALLEY RESOURCE AUTHORITY
June 27, 2011
David Holladay
Planning Administrator
County of Roanoke
PO Box 29800
Roanoke, VA 24018
RE: Smith Gap Regional Landfill
Host Community Fund
Dear Mr.. Holladay:
As we discussed, attached is a Board Report and resolution from our Board for the Host
'
Community at §ftihh Regional Landfill to expand Internet service to the Bradshaw Road area. we
have also included' some information on the service provider (B2X) and the project improvement plan
that was originally set up.
If you have any questions or require additional information, please do not hesitate to call.
Since 1
Steve .Barger, E
Operations Manager
PC: Daniel D Miles PE -Chief Executive Officer
1020 Hollins Road, NE Roanoke, Virginia 24012 -8011 (540) 857 -5050 Fax (540) 857 -5056
Web Site: www.rvra.net
NEW BUSINESS
ITEM NO. II.G,
AT A REGULAR MEETING OF THE ROANOKE VALLEY RESOURCE AUTHORITY
(RVRA); ROANOKE, VIRGINIA; HELD AT THE RVRA TINKER CREEK TRANSFER
STATION
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
June 22, 2011
Request for Approval of Public improvement Plan by Host
Community
Daniel D. Miles, P.E.
Chief Executive Officer
SUMMARY OF INFORMA'rION:
As part of the permit issued for the Smith Gap Landfill by Roanoke County, the Host
Community Fund was established providing money for improvements in the Host
Community (i.e. within 5,000 ft. radius of the Smith Gap Landfill). The Fund was
designated for the construction and maintenance of public improvements to the
Authority's property. Any expenditure from the Fund must be presented by the Host
Community in a Public Improvement Plan (PIP) with the proposed use of the funds
approved by the Board, the County Planning Commission, and the County Board of
Supervisors. Staff has assisted the Host Community in the development of a PIP
requesting to spend up to the prevailing balance of the Fund on a project to provide
wireless internet service throughout the Community. The PIP is attached.
FISCAL IMPACT:
The Host Community Fund balance is projected to be $148,000 on June 80, 2011 and
is projected to reach its cap of $'150,000 in September, 2011. Funds are available up to
the existing balance at the time of project commencement.
STAFF RECOMMENDATION:
Staff: recommends approval of the attached resolution approving the Public
Improvement Plan which includes provisions for the possibility of an agreement/contract
amendment with B2x Online to construct and install additional T1 internet connections
at the Smith Gap Landfill, as determined and approved by the Host Community, not to
exceed the prevailing balance of the Host community Fund at any time, in a form
approved by General Counsel, and further authorizing the Chief Executive Officer to
forward the Public Improvement Plan to the County Planning Commission with any
appropriate modifications materially consistent with the Board's authorization.
BRADSHAW ROAD HOST COMMUNITY
PROJECT IMPROVEMENT PLAN
The Bradshaw Road Host Community (Community) encompasses the area
within a 5,000 ft. radius of the Smith Gap Landfill (Landfill) located at 3434
Bradshaw Rd. in Roanoke County. The Landfill is owned and operated by the
Roanoke Valley Resource Authority (Authority). "Landfill Permit Conditions and
Operating Policies" (Operating Policies) were stipulated by the County when the
Landfill was constructed and upon commencement of its operations in 1993.
One of those conditions required the establishment of a Host Community Fund
(Fund) to which the Authority contributes $10,000 annually. The Fund is capped
at $'150,000 and "shall be utilized for the construction and maintenance of public
improvements to Landfill agency (a.k.a. Authority) property approved by the
Board of Supervisors and the Planning Commission, A Public Improvement Plan
(PIP) shall be developed by [the] Landfill Agency with assistance 'From the
residences of the Host Community for the expenditure of the Fund." The PIP
must be approved, in order, by the Authority Board of Directors; the County
Planning Commission; and the County Board of Supervisors. As of June 30,
2011, the Fund balance is $148,000. Without any expenditure, the Fund's cap is
projected to be reached in September, 2011.
The Authority met with the Community (note: approximately 50 adult residents in
attendance) at the Landfill on Thursday, June 9, 2011 at 7 p.m. to discuss the
Fund and to develop a PIP acceptable to the Community and within the
established guidelines of the Operating Policies. The Community unanimously
voted to move forward with a project that would bring wireless internet services
into and throughout the Community to the maximum extent possible. "Maximum
extent" is deemed to be serving the largest number of customers desiring
wireless internet services while reducing the Fund to the least extent without fully
depleting the Fund.
Public Improvement Plan (PlI ,
The Authority has previously contracted for wireless internet services with B2X
Online (B2X), but the service has not been installed to date. The Authority's
service will be provided by a T1 connection with expansion capabilities for
additional T1 service connections (a.k.a. "bonded T11"). The bonded T1's will be
"piggybacking" on the Authority's wireless internet service. The Community is
presently soliciting pricing from B2X wherein some or all of the upfront
construction and capital /hardware costs (i.e. transmitters, receivers, poles,
wiring, etc...) necessary to piggyback onto the Authority's T1 connection will be
paid from the Fund, not to exceed the Fund's balance. Any upfront costs paid
from the Fund will be used to reduce the Community's monthly bill and term of
service contract with WX Remaining costs, if any, not approved by the
Community and not paid for by the Fund are to be paid by the individual
residents within the Community electing to receive wireless Internet services.
Upon its receipt of a final report and pricing options from B2X (anticipated by end
of August, 2011), the community will meet and will either:
1. Select one pricing option from B2x, within the Fund balance, to provide
wireless 'Internet services throughout the Community; or,
2. Reject all options and seek to develop another PIP for consideration by
the respective parties.
OReratina- Policy Guidelines:
Host Community Fund established with $10,000 annual contributions and
capped at $150,000.
V Expansion of additional wireless Internet transmittal capacity (i.e. additional
T1 bonded strands) to the Authority's existing wireless service is an
improvement to the Authority's property.
A Public Improvement Plan (PIP) shall be developed by [the] Landfill Agency
with assistance from the residences of the Host Community for the
expenditure of the Fund.
Y The PIP must be approved, in order, by:
IP - the Roanoke Valley Resource Authority Board of Directors;
IP - the County Planning Commission; and,
IP w the County Board of Supervisors
V' Completed
IP = In Progress
2
RESOLUTION OF THE ROANOKE VALLEY RESOURCE AUTHORITY
Adopted this 22nd day of June, 2011
RA #2011 -59Z
A RESOLUTION APPROVING A PUBLIC IMPROVEMENT PLAN FOR
THE BRADSHAW ROAD HOST COMMUNITY UPON CERTAIN TERMS
AND CONDITIONS,
BE IT RESOLVED by the Roanoke Valley Resource Authority that, in accordance
with and subject to the Authority's permit requirements for Smith Gap Landfill Host
Community Fund, the Authority hereby approves the Public Improvement Plan
presented to the board this date by report of the Chief Executive Officer for providing
wireless internet service in the Bradshaw Road Host Community, as determined and
approved by the Host Community, with any expenditures for such Plan not to exceed
the available balance of the Host Community Fund at any one time, and the Chief
Executive Officer is authorized to take such actions as may be necessary to implement
such Plan under the Authority's applicable permit requirements, including forwarding the
Plan to the County Planning Commission and/or the County Board of Supervisors with
any appropriate modifications consistent with the Board's authorization, all as more
particularly set forth in the June 22, 2011, report to this Board by the Chief Executive
Officer.
On motion of Mr. Kennedy to adopt the resolution and carried by the following
recorded vote:
AYES: Mr. Bengtson, Mr. Kennedy, Ms. Owens, Ms. Snyder, Mr. Tensen
NAYS: None
ABSENT: Ms. Green, Mr. Levy
ATTEST:
Deborah T. Charles
RVRA Board Secretary
ACTION NO.
ITEM NO. F -2 Wy
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:
July 12, 2011
Resolution granting a waiver to Brandon LaCroix, Tournament
Chairman for the JJ Redick Celebrity Golf Tournament and
Gala under Section 13 -23 of the Roanoke County Code to the
provisions of the County's noise ordinance, Article II. Noise of
Chapter 13. offenses — Miscellaneous, Vinton Magisterial
District
Paul M. Mahoney
County Attorney
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Brandon LaCroix, Tournament Chairman for the JJ Redick Celebrity Golf Tournament and
Gala has requested a waiver from the County's noise ordinance under Section 13 -23 of the
Roanoke COUnty Code. They are plat "fining to play music outdoors on Saturday, July 23,
2011. The concert will not end until after 11:30 p.m.
The County noise ordinance was amended on May 25, 2010. Previously it defined a "noise
disturbance" from musical devices as a violation if it occurred between the hours of 10:00
p.m. and 7:00 a.m. The amended ordinance now prohibits such sound as follows: Sec.
13 -21 (5) operating or permitting the use or operation of any instrument, machine or any
other device for the production of sound, at a volume sufficient to be plainly audible
through partitions common to two (2) residences within a building or plainly audible at fifty
(50) feet or more from such device or its source.
This waiver would allow this music concert to run until 11:30 p.m.
The attached resolution grants this waiver of the noise ordinance and authorizes the
outdoor concert to continue until 11:30 p.m.
STAFF RECOMMENDATION:
Staff recommends that the Board consider the adoption of the attached resolution.
AT A REGULAR MEETING FOTHE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JULY 12
RESOLUTION GRANTING A WAIVER TO BRANDON LACROIX,
TOURNAMENT CHAIRMAN FOR THE JJ REDICK CELEBRITY GOLF
TOURNAMENT AND GALA UNDER SECTION 13 -23 OF THE
ROANOKE COUNTY CODE TO THE PROVISIONS OF THE COUNTY'S
NOISE ORDINANCE, ARTICLE II. NOISE OF CHAPTER 13.
OFFENSES — MISCELLANEOUS
WHEREAS, Brandon LaCroix, Tournament Chairman for the JJ Redick Celebrity
Golf Tournament and Gala, will be playing music outdoors on Saturday, July 23, 2011
ending at 11:30 p.m. at the Ballyhack Golf Club located at 3609 Pitzer Road, Roanoke,
VA; and
WHEREAS, in order to accommodate the advertised time frame and to benefit
the community by raising funds to be donated to CHIP of the Roanoke Valley and the
Children's Miracle Network, Mr. LaCroix is requesting a waiver of the County noise
ordinance until 11:30 P.M., on Saturday July 23, 2011; and
WHEREAS, Section 13 -23 of the Roanoke County Code establishes certain
standards for the Board of Supervisors to grant waivers from the provision of the
Roanoke County Noise Ordinance to avoid undue hardship upon consideration of
certain factors set forth in sub - section (b) of Section 13 -23 and after making certain
alternative findings.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the provisions of Section 13 -21. Specific acts as noise, sub - section
(5) and Section 13 -20. General prohibition of Article II. Noise be WAIVED for a period of
one (1) hour until 11:30 P.M. on Saturday, July 23, 2011.
2. That this waiver is granted specifically to Brandon LaCroix, Tournament
Chairman for the JJ Redick Celebrity Golf Tournament and Gala, for the event
scheduled at the Ballyhack Golf Club on Saturday, July 23, 2011.
Dear Roanoke County Board of Supervisors,
The A Redick Celebrity Golf Tournament & Gala is requesting an extension of the Noise ordinance until
11:30PM on Saturday, July 23' . There will be a band outdoors playing music at Ballyhack Golf Club at
3609 Pitzer Road, Roanoke, VA 24014. This request is a one time event for this calendar year.
I do not believe our request would endanger the public health, safety, or welfare. Furthermore, the
noise waiver would provide benefit to our community. Proceeds from this event will benefit CHIP of the
Roanoke Valley and the Children's Miracle Network locally.
Upon examining the area, I am not sure that anyone could even hear the music besides those attending
the event. However, we want to ensure that this event is a success. Thank you for your consideration.
If you have any questions, please do not hesitate to reach out to me.
Sincerely,
Brandon LaCroix
Tournament Chairman
(540) 985 -5414
Brandon_LaCroix @ML.com
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 ITEM:
SUBMITTED BY:
APPROVED BY:
July 12, 2011
Ordinance authorizing the lease of space in the South County
Library to Johnson & Elich Roasters, Ltd. d/b /a Mill Mountain
Coffee and Tea for the operation of a coffee shop
Diane D. Hyatt
Assistant County Administrator
B. Clayton Goodman III
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The new South County Library was designed to include a coffee shop area in the
community section of the building. A Request for Proposal (RFP) was issued June 1,
2010, for a vendor interested in providing this service. The bid was awarded to Johnson &
Elich Roasters, Ltd. dlbla Mill Mountain Coffee and Tea ( "Mill Mountain ").
Mill Mountain will occupy 895 square feet of space including cafe preparation area, counter
area and seating area located in the first floor of the south County library. They will be
open during library hours and selected after -hours events. In addition, they will have a
drive through window that can operate extended hours even when the library is closed. As
the lease progresses, there may be reasonable business hour changes with mutual
consent. They will not be cooking in the facility, but they will serve such items as
sandwiches and pastries along with the coffee, tea and soft drinks.
The initial lease will run from October 1, 2011, through Septernber 30, 2014. Thereafter
the lease can be extended in additional three year increments upon the same terms and
conditions, provided that the rent shall be adjusted as mutually agreed upon by both
parties. A draft of the lease is attached. County staff are still finalizing the lease terms with
the vendor.
Page 1 of 2
The County Charter requires two readings of an ordinance in order to enter into a lease
agreement. The first reading of this ordinance will be held on June 28, 2011.
FISCAL IMPACT:
Mill Mountain will pay rent to the County based on gross sales as follows: one percent (1 %)
of sales from $1 to $5,000 and five percent (5 %) of sales over $5,000. The gross sales will
include catering done within the library and well as the sales of the coffee shop. Our initial
estimate of monthly rent is $500, which does not include any catering opportunities. As
these functions grow, the rental income will grow as well. The rental income should be
appropriated to the library to be used for system -wide needs.
STAFF RECOMMENDATION:
At the conclusion of the public hearing, staff recommends approving the second reading of
the attached ordinance authorizing the lease with Johnson & Elich Roasters, Ltd. dlbla Mill
Mountain Coffee and Tea.
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, JULY 12, 2011
ORDINANCE AUTHORIZING THE LEASE of SPACE IN THE SOUTH
COUNTY LIBRARY TO JOHNSON & ELICH ROASTERS, LTD. DISfA
MILL MOUNTAIN COFFEE AND TEA FOR THE OPEATION OF A
COFFEE SHOP
WHEREAS, the new South County Library is currently being constructed and will
include a coffee shop area in the community section of the building consisting of a cafe
preparation area, counter area, seating area as well as a drive through window; and
WHEREAS, the County has negotiated a lease agreement with Johnson & Elich
Roasters, Ltd. dlbla Mill Mountain Coffee and Tea for the operation of the coffee shop
for the initial period of October 1, 2011, through September 30, 2014, with the option to
extend the lease upon the certain terms and conditions, and that the rent for the leased
premises shall be based upon a percentage of gross sales from the coffee shop and
catering within the library; 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 28, 2011; the second reading and public hearing was held on
July 12, 2011; and
2. That the property to be leased consists 895 square feet located on the 1 St
floor of the South County Library, as shown on the attached Exhibit "A "; and
3. That it is in the County's best interests to lease this property to Johnson &
Elich Roasters, Ltd. dlblal Mill Mountain Coffee and Tea for the operation of a coffee
shop area in the South County Library.
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.
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LEASE AGREEMENT BETWEEN THE COUNTY OF ROANOKE AND
JOHNSON & ELICHROASTERS, LTD D /B /A MILL MOUNTAIN COFFEE AND TEA
FOR THE OPERATION OF A COFFEE SHOP AND SNACK BAR
IN THE SOUTH COUNTY LIBRARY
LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into this day of
contained herein, the parties hereto agree as follows:
1. Leased Premises County hereby leases to Mill Mountain, subject to and upon the
terms and conditions hereinafter set forth, those certain premises on the 1 St floor of the South County
Library consisting of 895 square feet for a coffee shop, in those rooms designated as Rooms No.
145 146 & 147 as shown as the four page drawings (the "Leased Premises ") which are attached to
Page 1 of 14
and made a part of this Lease Agreement as Exhibit A.
2. County's Warranties County represents and warrants that County is the sole owner
in fee simple of the Leased Premises and has full right and power to grant the estate demised and to
execute and perform this Lease.
the County's equipment or the Mill Mountain's equipment.
(B) Mill Mountain shall be responsible for obtaining any and all necessary permits to
operate the coffee shop. These include the health department permit. In addition, Mill Mountain
will complete and submit the Western Virginia Water Authority Pretreatment Wastewater Survey
Form. Copies of these permits and forms will be sent to Roanoke County (Attention Diane Hyatt,
Page 2 of 14
Assistant County Administrator, P. O. Box 29800, Roanoke, VA 24018)
(C) County hereby agrees to make all structural repairs to the Leased Premises as
necessary. Structural repairs are defined as repairs which include but are not limited to repairs to
electrical wiring, heating and air conditioning systems, water, water pipes, toilet, gas, plumbing,
agrees to provide its own janitorial services and those services required to maintain its own personal
property, at its sole expense. However, Mill Mountain agrees that County shall not be liable to Mill
Mountain for any damage to Mill Mountain or Mill Mountain's business resulting in whole or in part
from any lack of such services. Provided, however, Mill Mountain shall be solely responsible for
and pay all telephone, data, other communications lines and wireless communications equipment and
Page 3 of 14
services which may be desired by Mill Mountain. In addition, Mill Mountain will be assessed a
prorated charge for dumpster pickup if it is determined that the container needs to be picked up more
often because of the trash generated by Mill Mountain. Mill Mountain shall promptly notify the
County in writing of any repairs it believes need to be made to the Leased Premises, and the County
(I) Mill Mountain agrees to conduct itself, at all times, in a first- class, professional, and
businesslike manner, with integrity consistent with reputable business standards and practices, to
provide prompt, efficient, and courteous services to customers of the Leased Premises, and to ensure
that the behavior of its employees is consistent with promoting a high reputation and positive image
of the County of Roanoke.
Page 4 of 14
(J) Mill Mountain agrees to operate and maintain the Leased Premises in a clean and
sanitary manner at all times.
(K) County agrees that Mill Mountain will be allowed to change the locks to Leased
Premises, provided that Mill Mountain shall provide County a set of keys to the Leased Premises.
Mill Mountain further agrees to inform County in each instance when there is a turnover in
AAW
management, and to provide a current list of the names and addresses of management personnel each
based on gross sales as follows: 1 % of sales from $1.00 to $5,000 and 5% of sales over $5,000. The
gross sales shall include all catering done within the library, as well as the sales at the coffee shop.
The rent schedule shall be for the initial term and any renewal term of this Lease Agreement, unless
such amount is increased by County during any renewal term. Payment must be remitted no later
than the 15 of each month, to prepay for the following month, based upon the sales of the previous
Page 5 of 14
month. A copy of the previous month's sales report should accompany the rent check. For the first
two months, the rent will be $430 per month, based upon initial sales estimates. The rent check
should be remitted to the County Treasurer's Office, located at 5204 Bernard Drive, Roanoke, VA
24018. Such checks shall be made out to the Roanoke County Treasurer. In the event such rent is
right or privilege granted by or under this Lease Agreement; or (c) the failure, refusal or neglect of
Mill Mountain to perform any duty imposed upon or assumed by Mill Mountain by or under this
Lease Agreement or by applicable law. In the event that any suit or proceeding shall be brought
against the County or any of its officers, employees, agents, volunteers or representatives at law or in
equity, either independently or j ointly with Mill Mountain on account thereof, Mill Mountain, upon
Page 6 of 14
notice given to it by the County or any of its officers, employees, agents, volunteers or
representatives, will pay all costs of defending the County or any of its officers, employees, agents,
volunteers or representatives in any such action or other proceeding. In the event of any settlement
(c) Tenant's insurance Mill Mountain shall, at its sole cost and expense, obtain
and maintain during the life of this Lease Agreement a property insurance policy
written on an "all risk" basis insuring all of tenant's personal property, including, but
not limited to, equipment, furniture, fixtures, furnishings, and leasehold
improvements which are Tenant's responsibility, for not less than full replacement
cost of such property. All proceeds of such insurance shall be used to repair or
replace tenant's property.
(d) Workers' Compensation. Workers' Compensation insurance covering Mill
Page 7 of 14
(c) The required certificate or certificates of insurance shall name the County of
Roanoke, its officers, employees, agents, volunteers and representatives as
additional insureds.
(d) Where waiver of subrogation is required with respect to any policy of
insurance required under this Section, such waiver shall be specified on the
certificate of insurance.
(e) Insurance coverage shall be in a form and with an insurance company
Page 8 of 14
approved by the County which approval shall not be unreasonably withheld.
Any insurance company providing coverage under this Lease Agreement
shall be authorized to do business in the Commonwealth of Virginia.
10. Destruction of Premises. (A) Mill Mountain shall be responsible for insuring all
County, which consent shall not be unreasonably withheld. If consent to assign or sublease is given,
no such assignment or sublease shall in any way release or relieve Mill Mountain from any of its
covenants or undertakings contained in this Lease, and Mill Mountain shall remain liable on this
Lease during the term thereof.
Page 9 of 14
12. Default It is understood and agreed by and between the County and the Mill
Mountain that in the event of breach by County or Mill Mountain of any of the covenants and
agreements herein contained, the aggrieved party may serve a written thirty (30) day notice of
default, specifying such default, on the breaching party. If such default is not remedied within said
conform to and not to violate the U.S. Food and Drug Administration (FDA) Food Code, the
Americans With Disabilities Act (ADA), in addition to all other applicable laws, ordinances, rules,
regulations, and requirements of federal, state, county, municipal, or other governmental authorities
and the various departments thereof now existing or hereinafter created affecting Mill Mountain's
use and occupancy of the Leased Premises.
Page 10 of 14
Mill Mountain specifically agrees to comply with all laws relevant to food safety practices
that are standard in the restaurant industry and to adhere to proper food preparation, storage, and
disposal practices. Mill Mountain shall regularly inspect its inventory and promptly dispose of and
(B) All movable partitions, furnishings, furniture, machinery and equipment,
communications equipment, and other personal property located in the Leased Premises and
acquired by or for the account of Mill Mountain without expenses to County may be removed by
Mill Mountain at any time during the term hereof, provided that Mill Mountain shall repair any
damage to the Leased Premises resulting from such removal to the reasonable satisfaction of County.
Page 11 of 14
17. Peaceful Enjoyment County covenants and agrees that if and so long as Mill
Mountain shall pay the rent called for under this Lease as the same shall become due and shall keep
all the covenants and agreements required by it to be kept during the Lease and shall perform all its
unenforceable because of present or future laws or rules or regulations of any governmental body or
entity, effective during the term of this Lease, the intention of the parties hereto is that the remaining
parts of this Lease shall not be affected thereby unless such clause or provision is, in the reasonable
determination of both Mill Mountain and County, essential and material to their respective rights, in
which event either party shall have the right to terminate this Lease upon thirty (30) days' written
Page 12 of 14
notice to the other party.
22. Nonwaiver Mill Mountain agrees that the County's waiver or failure to enforce or
require performance of any term or condition of the Lease Agreement or any waiver of any
written or oral agreements between the parties respecting the within subject matter. No changes or
modifications of any of the covenants, terms or conditions hereof shall be valid unless in writing and
signed by authorized officers of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have affixed their signatures the day and year
first above written.
Page 13 of 14
ATTEST:
Clerk
Approved as to Form:
COUNTY OF ROANOKE, VIRGINIA
AL , " 1W 111L
check legal name. not registered with SCC
Page 14 of 14
ACTION NO.
ITEM NO. H.1 -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:
APPROVED BY:
July 12, 2011
Appointments to Committees, Commissions and Boards
Deborah C. Jacks
Clerk to the Board
B. Clayton Goodman III
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
1.
Board of Zoning Appeals (appointed by District)
The five-year term of Eldon Karr, Windsor Hills Magisterial District, expired on June 30,
2011. Supervisor Elswick has appointed Mr. Karr to an additional five -year term which
will expire on June 30, 2016. Confirmation has been placed on the Consent Agenda.
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)
40
Clean Valley Council
The following two -year terms expired 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)
- rhe following three -year terms expired on June 30, 2011:
a) Robert T. Scholl, Windsor Hills Magisterial District
b) Jerry Williams, At -Large
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, JULY 12, 2011
RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET
FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE
DESIGNATED AS ITEM I- CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for July 12, 2011
designated as Item I Consent Agenda be, and hereby is, approved and concurred in as to
each item separately set forth in said section designated Items 1 through 8 inclusive, as
follows:
1. Approval of minutes — June 14, 2011
2. Request to accept and appropriate a Local Government Challenge Grant in the
amount of $5,000 from the Virginia Commission for the Arts
3. Request to accept and appropriate a donation in the amount of $500 for the Blue
Ridge Regional Crash Investigation Team for traffic safety projects for fiscal year
2010 -2011
4. Request to accept and appropriate funds in the amount of $48,745 to the
Sheriff's office from Federal Grant 12- D5845CRO9, approved under the Criminal
Justice Systems Improvement Program from the Department of Criminal Justice
Services
5. Request from the Library to accept and appropriate a programming support
grant in the amount of $500 from the Commonwealth of Virginia Commission for
the Arts
6. Confirmation of appointments to the Board of Zoning Appeals (appointed by
District); Roanoke Valley Sustainability Consortium Steering Committee
7. Resolution adopting new Vinton Business Center Development Guidelines and
Protective Covenants and authorizing the recordation of such document in the
Circuit Court Clerk's office of Roanoke County, Virginia
Page 1 of 2
8. Resolution expressing the appreciation of the Board of Supervisors of Roanoke
County to Shelia Rose Dooley, Customer Service Representative II, upon her
retirement after more than twenty -eight years of service
Page 2 of 2
ACTION NO.
ITEM NO. 1 -2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: June 28 2011
AGENDA ITEM: Request to accept and appropriate a Local Government
Challenge Grant in the amount of $5,000 from the Virginia
Commission for the Arts.
SUBMITTED BY:
APPROVED BY:
W. Brent Robertson
Director of Management and Budget
B. Clayton Goodman III /
County Administrator l_ %%�' 6
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Roanoke County applied for a Local Government Challenge Grant from the Virginia
Commission for the Arts. The Commission will match up to $5,000 (if full funding is
approved) of any donation the County makes to qualified art organizations in the valley.
n the fiscal year 2010 -2011 budget, the Board of Supervisors approved an appropriation of
$1,500 for the Arts Council of the Blue Ridge; $2,800 for the Historical Society of Western
VA — O. Winston Link Museum and $5,800 for the Roanoke Symphony Orchestra. Staff,
therefore, applied for the maximum grant allocation of $5,000. Roanoke County was
awarded $5,000 for fiscal year 2010 -2011.
FISCAL IMPACT:
Staff recommends dividing the $5,000 grant between the Arts Council of the Blue Ridge,
the Historical Society of Western VA — O. Winston Link Museum, and the Roanoke
Symphony Orchestra. Combined with the County's appropriation, the following amounts
would be available to the organizations referred to above.
ALTERNATIVES:
There are no alternatives to this agenda item.
STAFF RECOIL MENDA'rION:
Staff recommends acceptance of the Local Government Challenge Grant from the Virginia
Commission for the Arts in the amount of $5,000 to be distributed as indicated above.
Count
VCA
Total
Arts Council of the Blue Ridge
$1,500
$1,500
$3,000
Historical Society of Western VA — 0. Winston
Link Museum
$2,800
$1,750
$4,550
Roanoke Symphony
$5
$1,750
$7,050
$9,600
$5,000
$14,600
ALTERNATIVES:
There are no alternatives to this agenda item.
STAFF RECOIL MENDA'rION:
Staff recommends acceptance of the Local Government Challenge Grant from the Virginia
Commission for the Arts in the amount of $5,000 to be distributed as indicated above.
ACTION NO.
ITEM NO. 1 -3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CEi
MEETING DATE: July 12, 2011
AGENDA ITEM: Request to accept and appropriate a donation in the amount of
$500 for the Blue Ridge Regional Crash Investigation Team for
traffic safety projects for fiscal year 2010 -2011
SUBMirrED BY: James R. Lavinder
Chief of Police
APPROVED BY: B. Clay Goodman, III
Count y Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION
A $500 donation was made by Wal -Mart to the Roanoke County Police Department for the
use in traffic safety projects performed by the Blue Ridge Regional Crash Teams. This
project is overseen by the Police Department.
FISCAL IMPACT:
None. 100% donated funds.
ALTERNATIVES:
None
STAFF RECOMMENDATION:
Staff recommends acceptance and appropriation of the donation from Wal -Mart in the
amount of $500.
ACTION No.
ITEM No. 1 -4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE RoANoKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
July 12, 2011
Request to accept and appropriate funds in the amount of
$48,748 to the Sheriff's office from Federal Grant 12-
D5848CRO9, approved under the Criminal Justice Systems
Improvement Program from the Department of Criminal Justice
Services
Michael G. Winston
Sheriff
B. Clayton Goodman III
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMAOnON:
The Sheriff's office has received approval for a grant, which provides funds from the
Department of Criminal Justice Services for a Criminal Justice Systems Improvement
program. This program will provide funds to purchase a new server, computers, mobile
data terminals, printers and scanners. This grant is award is for a twelve (12) month period
from July 01, 2011, to June 30, 2012.
FISCAL IMPACT:
This grant requires a match of twenty five percent (25 %) and funds are available in the
Sheriff's office Subfund. The grant is in the amount of $35,550 in federal funds and
$12,185, twenty -five percent (25 %) local cash match for a total of $48,745 and requires no
additional funding from the Board of Supervisors.
STAFF RECOMMENDATION:
Staff recommends accepting and appropriating the Criminal Justice Systems Improvement
grant from the Byrne JAG Program in the amount of $48,748 to the Sheriff's Office.
ACTION NO.
ITEM NO. 1 -5
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: July 12, 2011
AGENDA ITEM: Request from the Library to accept and appropriate a
programming support grant in the amount of $500 from the
Commonwealth of Virginia Commission for the Arts
SUBMITTED BY: Diana L. Rosapepe
Director of Library Services
APPROVED BY: B. Clayton Goodman III
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMAOnON:
Roanoke County Public Library has received a grant in the amount of $500 from the
Commonwealth of Virginia Commission for the Arts. If accepted and appropriated by the
Board, the grant will be used to help offset expenses associated with bringing a
professional troupe of puppeteers to appear at the libraries during the Summer Reading
Program. The performances are designed to encourage early literacy activities with and
among young children.
FISCAL IMPACT:
No additional funding is required.
ALTERNATIVES:
None
STAFF RECOMMENDATION:
Staff recommends acceptance and appropriation of the grant.
ACTION NO.
ITEM NO. 1 -8
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DA'rE: June 28, 2011
AGENDA ITEM: Confirmation of appointments to the Board of Zoning Appeals
(appointed by District); Roanoke Valley Sustainability
Consortium Steering Committee
SUBMITTED BY: Deborah C. Jacks
Clerk to the Board
APPROVED BY: B. Clayton Goodman III
County Administrator % - '
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
1. Board of Zoning Appeals (appointed by District)
Supervisor Elswick has appointed Mr. Karr to an additional five -year term which will
expire on June 30, 2016. Confirmation has been placed on the Consent Agenda.
2. Roanoke Valley Sustainability Consortium Steering Committee
During the closed meeting on June 28, 2011, the Board of Supervisors appointed
Eddie "Ed" Elswick to the Steering Committee, Megan Cronise and David Holladay
(Alternate) to the Technical Committee.
ACTION NO.
ITEM No. 1 -7
AT A REGULAR MEETING OF THE BOARD of SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SU BMITTED BY:
APPROVED BY:
July 12, 2011
Resolution adopting new Vinton Business Center Development
Guidelines and Protective Covenants and authorizing the
recordation of such document in the Circuit Court Clerk's office
of Roanoke County, Virginia
Jill Loope
Assistant Director of Economic Development
B. Clayton Goodman III
County Administrator W6
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY of INFORMATION:
On July 25, 2006, the Roanoke County Board of Supervisors became 50150 partners with
the Town of Vinton on the future development of the Vinton Business Center. This, along
with the announcement of Cardinal Glass has resulted in the completion of extensive
engineering of the Center to include a detailed site analysis and Master Plan update.
On June 28, 2011, the Roanoke County Board of Supervisors repealed the existing
proffered conditions and adopted - the amended Master Plan on the Vinton Business
Center. New development Guidelines and Protective Covenants were also drafted, which
will govern and control the future development and use of the property. This was agreed to
by the Town of Vinton, Cardinal Glass and Roanoke County staff.
The adoption of the revised Master Plan and corresponding covenants and conditions will
simplify the process of regulating the various businesses locating in the park and will
ensi�ire that only quality development will take place at the Center. The materials produced
from this exercise will also serve as a marketing tool for staff as we work with prospective
companies considering Roanoke County for a business location.
Page 1 of 2
FISCAL IMPACT:
No new funding is needed for this project.
STAFF RECOMMENDATION:
Staff recommends approval of the Resolution to adopt the new Vinton Business Center
Development Guidelines and Protective Covenants
Page 2of2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, JULY 12, 2011
RESOLUTION ADOPTING NEW VINTON BUSINESS CENTER
DEVELOPMENT GUIDELINES AND PROTECTIVE COVENANTS AND
AUTHORIZING THE RECORDING OF SUCH DOCUMENT IN THE
CIRCUIT COURT CLERK'S OFFICE OF ROANOKE COUNTY,
VIRGINIA
WHEREAS, the Roanoke County Board of Supervisors on Jane 28, 2011,
repealed the existing proffered conditions on the McDonald Farm, now known as the
Vinton Business Center and adopted an amended Master Plan for the 97.17 acre tract
comprising the Vinton Business Center, Vinton Magisterial District; and
WHEREAS, new Development Guidelines and Protective Covenants have been
drafted and agreed to among the County of Roanoke, the Town of Vinton and Cardinal
lG Company, operating as Cardinal Glass, to govern and control the future development
and use of - the property comprising the Vinton Business Center; and
WHEREAS, the Roanoke County Board of Supervisors, in conjunction with the
Town of Vinton and Cardinal lG Company, desires that the new Development
Guidelines and Protective Covenants for the Vinton Business Center be recorded
among the land records in the Clerks Office of the Circuit Court of Roanoke County,
Virginia, so as to be perpetual restrictions running with the land.
WHEREAS, the reading of this resolution was held on July 12, 2011.
NOW, THEREFORE, BE IT RESOLVED BY THE Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That the attached Development Guidelines and Protective Covenants for the
Vinton Business Center, Exhibit "A" are hereby approved.
2. That the County Administrator is directed to execute the new Development
Guidelines and Protective Covenants for the Vinton Business Center on behalf of
the Board of Supervisors and to see to the recording of this document in the
Clerks Office of the Circuit Court of Roanoke County, Virginia, upon the advise
Page 1 of 2
and assistance of the office of the County Attorney, once executed on behalf of
the Town of Vinton and Cardinal IG Company.
3. That this Resolution shall be in effect from its adoption.
Page 2of2
EXHIBIT A
VINTON BUSINESS CENTER
DEVELOPMENT GUIDELINES AND PROTECTIVE
COVENANTS
REAS the Town of Vinton, Virginia, hereinafter referred to as the
"TOWN ", and the County of Roanoke, Virginia, hereinafter referred to as the
"COUNTY", have entered into an agreement for the cooperative development of the
Vinton Business Center, hereinafter referred to as the "CENTER ", being the same
tract or parcel of land known as the McDONALD FARM, which real estate is more
particularly described in Exhibit "A" attached hereto and made a part hereof by this
reference; and
WHEREAS, the CENTER was previously subject to a rezoning by the Board
of Supervisors of Roanoke County, Virginia, adopted on October 26, 1999, upon the
application of the Town of Vinton for the entire tract of 99.78 acres comprising the
McDONALD FARM which rezoning ordinance included certain voluntarily
proffered conditions for the development of the CENTER; and
WHEREAS, subsequent to the aforesaid rezoning action, the TOWN
recorded in the Clerk's Office of the Circuit Court of Roanoke County "Protective
Covenants, Conditions and Restrictions for the McDonald Farm" at Deed Book
1647, page 1066; and
WHEREAS, Cardinal IO Company, operating as Cardinal Glass, hereafter
"CARDINAL GLASS ", acquired Lot 3 of the CENTER from the TOWN as of
January 8, 2004;
WHEREAS, the Board of Supervisors of Roanoke County meeting on June
28, 2011, has taken official action to remove the proffered conditions imposed by the
1999 rezoning of the CENTER and to repeal and legally cancel the "Protective
Covenants, Conditions and Restriction for the McDonald Farm" as previously
recorded; and
WHEREAS, the TOWN, the COUNTY and CARDINAL GLASS jointly desire
to impose upon the CENTER certain development guidelines and protective
covenants and restrictions in order to ensure the orderly continued development of
the CENTER while protecting the environment and providing that the use of the
CENTER will protect and will not adversely affect the health and safety of
residents, workers and citizens in the vicinity of the CENTER, or the use or
development of property within and adjacent to the CENTER; and
REAS, the TOWN, the COUNTY and CARDINAL GLASS jointly
declare and provide that each and every parcel of real estate within the CENTER
shall be conveyed subject to the following Development Guidelines and Protective
1
EXHIBIT A
Covenants which shall be binding upon all purchases or leases of real estate within
the CENTER, the heirs thereof, successors or assigns in order to ensure the proper
use and appropriate development of each building site and the grounds thereof, to
protect the environment and aesthetics of the CENTER, to prevent the erection
thereof of structures built of improper or unsuitable materials; and in general to
provide for a high quality of development of the CENTER so that each building site
will enhance the health and safety of residents, workers and citizens and not be
detrimental to the use or development of other properties in the CENTER; and
REAS, the TOWN, the COUNTY and CARDINAL GLASS jointly
desire that a copy of theses Development Guidelines and Protective Covenants shall
be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia
and shall be binding upon and running with the land, including each and every
parcel, whether sold or leases in whole or in part and by reference made a part of
each and every deed, option, lease or other grant of any interest in and to any parcel
thereof as a part of the terms thereof.
NOW THEREFORE, the TOWN, the COUNTY and CARDINAL GLASS
jointly agree and declare the following:
ARTICLE I — GENERAI. DECLARATIONS AND PERNIITTED USES
A. Purpose
The purpose of these Development Guidelines and Protective Covenants are to
ensure the orderly development of the Center, to protect the environment, and to
provide that the use of the Center will not adversely affect the health and safety of
residents and workers in the vicinity of the Center, or the use, or development of
property within and adjacent to the Center.
B. Definitions
Business or Businesses: The owner(s), lessee(s), or occupant(s), including
prospective owners, lessees or occupants of the Property.
Center: Vinton Business Center located in the County of Roanoke,
Virginia.
Center Master Plan: The general development plan and land use plan for the
Vinton Business Center, including infrastructure, road
and parcel design as approved by the Roanoke County
Board of supervisors.
County: County of Roanoke, Virginia.
Pa
EXHIBIT A
County Administrator: The Administrator of Roanoke County or his designee.
Improvements: Any and all improvements made to or constructed upon
the Property including, but not limited to roads,
buildings, structures, tanks and storage containers,
drainage and utility facilities, driveway and parking
areas, grading, landscaping, fencing, screening devices,
site lighting, communication devices, signs, and all
similar or related structures or improvements.
Localities: The Town of Vinton, Virginia, and the County of Roanoke,
Virginia
Property or Properties: The parcel or parcels of land, including any improvements
thereon, located in the Center, as set forth in any deed,
option, lease, agreement, or agreement of sale applicable
to these restrictions.
Restrictions: The covenants, design guidelines, conditions and
restrictions contained in this document.
Setback: The minimum distance by which any building or structure
must be separated from a street right -of -way or lot line.
Town: Town of Vinton, Virginia
Town Manager: The Manager of the Town of Vinton or his designee.
Transfer: Any conveyance or transfer of title or possessory rights
respecting the Property, any portion thereof, or any
interest therein, by contact, deed exchange, foreclosure
(including a deed in lieu thereof), assignment, lease,
operation of law, or other means, to another person or
persons or entity or entities, whether voluntary or
involuntary. In the case of a non - publicly held
corporation, the assignment or other transfer of fifty
percent (50%) or more of its capital stock evidencing
control of such corporation shall constitute a Transfer,
unless made to the corporation's parent or subsidiary
controlled (through stock ownership) by the corporation.
In the case of a partnership, general or limited, a change
of the general partner or the transfer or assignment of
partnership interests in excess of fifty percent (50%) of
3
EXHIBIT A
the partnership interests shall constitute a Transfer. In
the case of a limited liability company, the transfer of
more than fifty percent (5o %) of its membership interests
shall constitute a Transfer. The granting of a mortgage,
deed of trust, lien or other encumbrance on or with
respect to the Property shall not be deemed a Transfer,
but any foreclosure there under (or deed in lieu thereof)
shall constitute a Transfer.
C. Applicability
These Development Guidelines and Protective Covenants, including the land use
regulations and building requirements, shall run with the land and shall be binding
upon all parties having or acquiring any right, title, or interest in and to the real
property or any portion thereof, and shall be incorporated in any Transfer of the
Property as covenants running with the Property. The County Administrator shall
record applicable documents and revisions associated with these Development
Guidelines and Protective Covenants with the Roanoke County Clerk of the Circuit
Court. Invalidation of any of the provisions of these guidelines and covenants shall
in no way affect any of the other provisions, or parts thereof, which shall remain in
full force and effect.
D. Land Uses and Development Standards
1. Permitted Uses: Properties within the Center shall be used only for the
following purposes. Land uses not listed are prohibited.
(a) General manufacturing, processing or assembly operations where
processes, fabrication and products are environmentally clean and
efficient.
(b) Commercial, office or industrial flex space (office /warehouse
combination).
(c) Science, research and technology businesses, services, or laboratories
where processes are environmentally clean and efficient.
(d) Business services incidental to any of the foregoing.
(e) Accessory uses associated with a principal permitted use in accordance
with any established County standards.
4
EXHIBIT A
Where it is unclear whether or not a particular use of the Center is
permitted, the localities shall decide whether or not such use is permitted,
and its decision shall be final and binding upon all persons.
2. Development Standards
The use and development of all properties in the Center shall be in
accordance with the standards set forth in Article III of these Development
Guidelines and Protective Covenants.
ARTICLE II - ADMINISTRATION AND PROCEDURES
A. Improvements, In General
No construction, exterior alterations, additions, or renderings to any existing
improvement may be initiated without submission of plans for said improvements
to the localities. Interior alterations which do not change exterior appearances are
permitted without submission of plans, provided such interior changes do not
change any use of property.
Review and recommendation of approval with respect to uses and improvements by
the localities shall be in addition to, and not in lieu of, any permits or approvals
required by any local, state or federal law or regulation. Plans will be subject to all
applicable federal and state laws and County ordinances. Pertinent ordinances of
the County include, but may not be limited to: Zoning, Subdivision, Storm Water
Management, Erosion/Sediment Control and Steep Slope ordinance, as amended.
B. Subdivision In General
All property within the Center shall be subdivided in accordance with the Roanoke
County Zoning and Subdivision ordinances, as amended.
C. Proi ect Review Process
The proposed use of a property in the Center must be reviewed and recommended
for approval by the localities prior to the transfer of land, or subsequent transfer.
D. Maintenance of Improvements
All properties, buildings, structures and improvements shall be maintained in a
neat, clean and attractive condition at all times. The premises shall be kept free of
debris and trash of any sort, and lawns and landscaping shall be kept in a state of
good repair. Maintenance of landscaping and lawns shall include all necessary
planting, cutting, watering, fertilizing, aerating, seeding, spraying, pruning, and
61
EXHIBIT A
weeding. Property owners shall promptly replace any dead or damaged landscaping
approved as part of the site plan for the property. Painted and exposed metal
surfaces shall be maintained and kept free from peeling or rust. Parking areas and
drives shall be paved and damaged pavement or hard surfaces repaired.
E. Enforcement
Enforcement of these Development Guidelines and Protective Covenants shall be
undertaken by the localities. In the event of a violation, the Circuit Court of the
County of Roanoke, Virginia, shall have the ultimate jurisdiction to enforce or
interpret any of the restrictions, conditions, covenants, and liens now or hereafter
imposed by these Development Guidelines and Protective Covenants. Failure to
enforce any provision contained in these Development Guidelines and Protective
Covenants shall in no event be deemed a waiver of the provisions, whether the
violation is singular or repetitive.
ARTICLE III: DEVELOPMENT AND DESIGN STANDARDS
The Roanoke County Zoning ordinance, as amended and other applicable
regulations shall be met for any development or improvement in the Center. In
addition, the following development and design standards shall apply.
A. Site Development
1. Green Development Encouraged: Site development and new buildings
shall consider and incorporate green development options and
sustainable development where possible. Development is encouraged
that is consistent with the U. S. Green Building Council's LEED
(Leadership in Energy and Environmental Design) standards.
2. Access Points: Site access points shall be kept to a minimum and
consolidated. New driveway entrances shall be coordinated with
existing entrances and adjacent uses for safe traffic circulation.
3. Streets: All streets and roadways constructed within the Center are
dedicated to public use, and shall not be private streets, and as such,
are dedicated to all owners and lessees of lots in the Center for the
reasonable use and enjoyment of their properties, including the free
use thereof for the installation, maintenance, and operation of public
utilities. owners of tracts may construct interior private roadways
that connect to public streets upon approval of a site plan by Roanoke
County.
EXHIBIT A
B. Buildings
1. Siting and Location: Buildings shall be located on the site such that
the development establishes an attractive and functional arrangement
of buildings and parking and enhances the natural and man -made
features of the Center. Buildings shall be sited on the property to
relate to primary street(s) in the Center. Building setbacks shall be
consistent with established zoning regulations and shall consider
relationships to buildings on adjacent properties, particularly as it may
affect views and street appearances.
2. Height: Building height shall be as set forth by the Roanoke County
Zoning ordinance, as amended. Proposed building heights shall
consider relationships to adjacent building heights, natural features
and scenic vistas. Variable building heights are encouraged.
3. Desi : All development shall meet the following design standards for
exterior facades, materials, appurtenances and equipment.
(a) General Buildin Design:
The architectural composition, scale, elements, and details of a
building shall relate to the site's natural features and character
of the surrounding area and development. Landscaping shall be
an integral component of the exterior design of any building. All
buildings shall minimize potential impacts from noise, light, and
traffic.
(b) Building Facades and Materials:
Buildings shall employ various architectural forms to create
visual character and interest. Buildings shall be segmented
with distinct masses of vertical and horizontal elements to
minimize bulkiness. Front building facades and those facing
public streets shall be designed to exhibit attractive
architectural features, materials, dimensions and symmetry.
Brick, stone, architectural masonry and glass are the preferred
exterior materials. Two or more colors are encouraged to
highlight architectural details and materials. Building walls
are encouraged to be variable and not consist of expansive
surfaces without a physical and visual break.
EXHIBIT A
Building entries shall be clearly visible and articulated using
architectural features, elements and materials. windows shall
be visible on all publicly- oriented building facades. The size and
location of windows shall relate to the scale and proportions of
the building elevation on which they are located.
Roofs shall be designed to be an integral component of the
architecture of the building. Roof materials shall be non -
reflective. Multiple roof lines and offsets are encouraged. Also,
roof designs are encouraged to incorporated "green"
technologies, as recommended by LEED standards.
Planned expansion or renovation for all buildings or structures
must meet or exceed the quality of the initial structure.
(c) Building Appurtenances and Equipment:
Where required, roof mounted equipment and vents shall be
located in an inconspicuous location and shall be reasonably
screened from public street views by painted panels, opaque
screens, or other effective methods. All exterior equipment shall
be designed to minimize noise and shall include appropriate
insulation materials or technologies to control outside noise.
Exposed features such as gutters, downspouts, vents, towers,
etc. shall be designed to match the color of surfaces to which
they are attached.
(d) Dammed or Destroyed Buildings:
If any building or other improvement in the Center is damaged
or destroyed by fire, storm, explosives, or otherwise, then all
debris resulting from the damage or destruction shall be cleaned
and removed within thirty (30) days of the damage or
destruction. If any building or other improvement is to be
reconstructed, such construction shall begin within six (0)
months of the date of the damage or destruction, or the land
shall be graded and restored to substantially the condition,
which existed prior to initial construction.
C. Parking, Loading Areas and Docks
0
EXHIBIT A
Parking for employees shall be located in areas that are removed from the primary
public street entrance. Parking for visitors shall be located in close proximity to the
main building entrance and shall be setback from the public street so as to not
interfere with or detract from the primary street views of the building. All parking
areas shall be landscaped both internally and externally to enhance the
architecture of the building, the site, and the Center. Loading areas and docks shall
be located in areas not visible from public streets and shall be appropriately
screened and landscaped.
D. Utilities
All utilities shall be located underground, unless the type of service necessary for
normal activities of the industry or business shall prohibit underground
installation. All development shall be served by public water and public sewer
systems. Low - impact design (L.I.D) methods of managing storm water shall be
considered in designing the development. All storm water management areas shall
be landscaped appropriately and maintained. Management areas and drainage
channels shall blend with the landscaping of the site and incorporate natural
materials and vegetation.
E. Wastes
No external waste treatment or storage facilities are permitted. Bulk containers for
trash are permitted, provided they are constructed in accordance with the
standards for accessory structures.
F. Li hting
All lighting in the Center shall be in accordance with lighting standards established
in the Roanoke County Zoning ordinance, as amended. All lighting in the Center
shall be directed inward toward the building /site, and shall be shielded and directed
downward to control extraneous light or glare. All light shall be contained within
property boundaries. Where development is located adjacent to buffers and
residential properties, dark/night sky friendly lighting using full cutoff lighting
fixtures is encouraged so that there is no direct light upward and no glare.
Lighting of parking lots, loading /unloading areas and access ways shall be no
greater than 25 feet in height, and kept to the minimum necessary for direction and
safety during operating hours. Walkways and building entries are encouraged to
have ground level lighting or pedestrian scale lights not exceeding 15 feet in height.
G. Accessory Structures
r
9
EXHIBIT A
1. Walls and Fences: Walls and fences shall complement the architecture
of the building and shall be of materials that architecturally enhance
the building and the Center. Where fencing is needed, decorative
metal fencing is preferred; chain -link fencing may be allowed if
approved by the localities. Where retaining walls are required in the
front yard or where they are visible from public areas, wall materials
shall be stone or finished masonry. Retaining walls higher than S feet
are discouraged. Long expanses of wall surfaces shall be offset and be
appropriately landscaped. As an alternative to traditional retaining
walls, "green walls" consisting of architectural concrete block, covered
with a rapidly- growing groundcover, may be permitted in less visible
areas. Terraced wall systems are encouraged supplemented with
plantings on the flat terraces.
2. Outbuildin s: All accessory buildings shall be consistent with the
architecture of the primary building. Accessory buildings shall be
located behind the primary building or shall not be visible from public
streets unless approved by the localities.
3. Trash Enclosures: Areas for trash collection shall be accessible for
service. All trash areas shall be fully enclosed and screened from view
by opaque fencing and supplemental landscaping. Enclosures must be
architecturally consistent and compatible with the design of the
primary building.
H. outside Storage
No materials, supplies or equipment shall be stored on property except inside a
building or behind a visual barrier which screens the stored matter from view from
streets and adjoining sites.
I. Landscaping
Property and building designs shall include appropriate trees, shrubs, open grass
areas, and flowers to enhance development and the Center. Properties shall be
developed in accordance with the screening and landscaping provisions of the
Roanoke County Zoning Ordinance, as amended. Trees are encouraged along street
frontages, in parking areas and adjacent to buildings to complement the building
scale. Landscaping shall be used to define entrances to buildings and parking
areas, as well as screen accessory structures, loading areas and outdoor equipment
areas. Planting islands should exhibit a well - maintained, finished appearance.
J. Sians
10
EXHIBIT A
No more than two primary signs per business may be erected on a property. one
sign may be attached to the face of the primary building and one may be erected as
a ground monument sign. The sign shall be designed to be integrated and
coordinated with the building to complement the building design in scale, color and
materials.
The building sign shall not exceed 150 square feet in size or ten percent of the front
facade, whichever is less. The ground monument sign shall not exceed 60 square
feet in size and shall not exceed ten (10) feet in height. Ground monument signs
may have two faces. Ground monument signs shall be setback a minimum of 25
feet from the front property line. Signs shall not include any motion devices or
changing text. Roof signs and portable signs are not permitted.
Directional signs shall be located as necessary to direct visitors, customers and
employees to designated parking or loading areas. Directional signs shall be 3
square feet or less in size. Temporary signs for the purposes of construction activity
or the sale of real estate shall be as permitted by the Roanoke County Zoning
Ordinance, as amended. No other temporary signs are permitted.
K. Temporary Construction Structures and Utilities:
Construction activities shall be in accordance with all applicable federal, state and
local land disturbing regulations. Site access shall be restricted to one location on
the public street. Temporary construction structures, portable offices and other
related facilities shall be maintained in good condition and arranged in a compact
and organized manner on the site. Facilities shall be situated so that they are
unobtrusive and attractive when seen from the road or adjacent properties. All
temporary structures and portable facilities shall be removed upon the completion
of construction activity and before permanent occupancy of the building. All
temporary construction utilities shall be in a single, unobtrusive alignment.
Distribution to the various areas of construction shall be from an approved, on -site
location.
Areas for the storage of construction equipment and materials shall be coordinated
and be visually unobtrusive from the public road and adjacent properties. Mobile
equipment shall be aligned in an orderly manner at the end of each work day.
Construction debris shall not be allowed to accumulate during construction. It shall
be removed daily or located in a visually screened place if debris is to be removed
less frequently. open burning of debris is not permitted. After construction is
complete, any temporary barriers, surplus materials, and all trash and debris shall
be removed from the site. All backfill materials shall be cleared of any building
materials, stone, or debris.
11
EXHIBIT A
WITNESS THE FOLLOWING SIGNATURES:
TOWN OF VINTON:
Title
COUNTY OF ROANOKE:
Title
CARDINAL GLASS CORPORATION
Title
STATE OF VIRGINIA
COUNTY OF ROANOKE:
The foregoing Development Guidelines and Protective Covenants were
acknowledged before me this day of 1 2011 by
Vinton Town Council.
of the Town of Vinton on behalf of the
0
(Notary Signature)
My Commission expires:
12
(Notary Printed Name)
Registration #
EXHIBIT A
STATE OF VIRGINIA
COUNTY OF ROANOKE :
The foregoing Development Guidelines and Protective Covenants were
acknowledged before me this day of 2011, by
of the County of Roanoke on behalf of the
Board of supervisors of Roanoke County, Virginia.
(Notary Signature)
My Commission expires:
STATE OF VIRGINIA
COUNTY OF ROANOKE :
The foregoing
acknowledged
(Notary Printed Name)
Registration #
Development Guidelines and Protective Covenants
before me this day of , 2011,
of Cardinal Glass Corporation.
(Notary Signature)
My Commission expires:
were
by
(Notary Printed Name)
, Registration #
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ACTION NO.
ITEM NO. 1 -8
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:
January 11, 2011
Resolution expressing the appreciation of the Board of
Supervisors of Roanoke County to Shelia Rose Dooley,
Permits Technician I, upon her retirement after more than
twenty -eight years of service
Deborah C. Jacks
Clerk to the Board
B. Clayton Goodman III
County Administrator WIY
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Shelia Rose Dooley, Permits Technician I, retired on July 1, 2011, after more than twenty -
eight years of service.
STAFF RECOMMENDAnON:
Staff recommends adoption of the attached resolution.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JULY 12, 2011
RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD
OF SUPERVISORS OF ROANOKE COUNTY TO SHELIA ROSE
DOOLEY, PERMIT TECHNICIAN I, UPON HER RETIREMENT AFTER
MORE THAN TWENTY -EIGHT YEARS OF SERVICE
WHEREAS, Shelia Rose Dooley was hired on July 13, 1983, in the Community
Development Department and held positions as Clerk Typist I, Clerk Typist II, Permits
Clerk, Customer Service Representative II and was promoted to Permit Technician I in
April 2011; and
WHEREAS, Ms. Dooley retired on July 1, 2011, as Permit Technician I in the
Community Development Department after twenty -eight years and three months of
devoted, faithful and expert service with the County; and
WHEREAS, during her time serving Roanoke County's Community Development
Department, Ms. Dooley was known as Ms. Permission to build in Roanoke County.
She was well known among all home builders, developers and contractors within the
valley. Shelia received many certificates of recognitions and awards for her outstanding
service to Community Development customers. She is also the recipient of the Above
and Beyond the Call of Duties (ABCD) award.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia expresses its deepest appreciation and the appreciation of
the citizens of Roanoke County to SHELIA ROSE DOOLEY for more 'than twenty -eight
years of capable, loyal, and dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy
and productive retirement.
GENERAL FUND UNAPPROPRIATED BALANCE
COUNTY OF ROANOKE, VIRGINIA
Unaudited balance at June 30, 2011
Balance at July 12, 2011
Amount
$ 20 72
$ 20,172, 318
M -1
% of General
Fund Revenue
10.54% *
10.47% **
Note: On December 21, 2004, the Board of Supervisors adopted a policy to increase the General
Fund Unappropriated Balance incrementally over several years.
* 201 0 -11 a range of 10.0% -11.0 % of General Fund Revenues
2010 -11 General Fund Revenues $189,518,185
10.0 % of General Fund Revenues $18,951,819
11.0 % of General Fund Revenues $20,858,000
** 2011 -12 - Goal of 11 % of General Fund Revenues
2011 -12 General Fund Revenues $192,720,943
11% of General Fund Revenues $21,199,304
The Unappropriated Fund Balance of the County is currently maintained at 1 0.47 %.
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 ?�9�
M -2
COUNTY of ROANOKE, VIRGINIA
CAPITAL RESERVES
Miner County Capital Reserve
(Projects not in the CIP, architectural /engineering services, and other one -time expenditures.)
Unaudited balance at June 30, 2011
Amount
$1,931,030.48
Balance at July 12, 2011 $1,931,030.48
Major County Capital Reserve
(Projects in the CIP, debt payments to expedite projects identified in CIP, and land purchase opportunities.)
Unaudited balance at June 39, 2011
Balance at July 12, 2011
Submitted By Rebecca E. Owens
Director of Finance
$16Z539-00
$162
Approved By B. Clayton Goodman III
County Administrator W_T��
M-3
RESERVE FOR BOARD CONTINGENCY
COUNTY OF ROANOKE, VIRGINIA
Amount
From 2011-2012 original Budget $ 100
May 24, 2011 Appropriation for Legislative Liaison (31,020.00)
Balance at July 12, 2011 $ 58
Submitted By Rebecca E. Owens
Director of Finance
Approved By B. Clayton Goodman III
County Administrator VSY�
ACTION NO.
ITEM O -1
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:
July 12, 2011
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
B. Clayton Goodman, III
County Administrator '3CC.Sa'
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 (
citizens spoke at the public hearing. The Planning Con ~emission 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. On June 14, 2011, staff reviewed
With the Board the proposed zoning ordinance amendments dealing With large wind
energy systems and utility wind energy systems.
ACTION NO.
ITEM NO. 0-2
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:
APPROVED BY:
July 12, 2011
Work session to discuss proposed leases with the civic group
to operate a community center and Roanoke County School
Board
B. Clayton Goodman III
County Administrator
B. Clayton Goodman III
County Administrator Ow"'Y
COUNTY ADMINISTRATOR'S COMMENTS:
The Board of Supervisors (BOS) authorized County staff to initiate conversations with the
Bent Mountain Community Civic group, which is being formed to operate the proposed
Bent Mountain Community Center at the former elementary school.
Attached to this report are draft copies of two proposed leases.
The first draft lease is with the Roanoke County School Board. I have talked with the
School Superintendent and she has conferred with the School Board Construction
Committee. They have expressed an interest to enter into negotiations with the County for
the purpose of leasing the facility to the County, who would in turn sublease a portion of
the facility to a civic group to operate a community center.
The second draft lease would be presented to the proposed civic group and staff would
enter into negotiations with the civic group for the purpose of concluding negotiations to
establish a lease by which the civic group would operate the proposed community center,
with limited County assistance.
At the April 26, 2011 work session, the BOS authorized staff to continue working on this
project. More specifically, the staff recommendation was for staff to enter into an
agreement whereby the County would agree to provide up -front seed money for the
establishment of a community center to be operated by and for the Bent Mountain
Community and surrounding Roanoke County citizens.
It is asked that the BOS members review the two draft leases, one with the School Board
and the second with the civic group. Negotiations have not commenced with either group.
Page 1 of 2
After the BOS members have reviewed the two draft leases, it is recommended that the
individual BOS members provide their comments and additions or deletions to the draft
leases. After receipt of the BOS members' comments, County staff will enter into
negotiations with the Roanoke County School Board and Bent Mountain civic group with
intent to return negotiated leases for approval at a future BOS meeting.
FISCAL IMPACT:
Staff recommended providing first year seed money in amount not to exceed $32,000.
This recommendation was discussed at the April 26, 2011, work session and consensus
was received that this was in order. Source of funds is from carry over funds from the
fiscal year 2011 budget.
Page 2 of 2
DEED OF LEASE
THIS DEED OF LEASE AGREEMENT entered into this , day of 2011
by and between the County of Roanoke, a political subdivision of the Commonwealth of
Virginia, hereinafter referred to as "Landlord" and the , a
Virginia Non -stock corporation, hereinafter referred to as ""Tenant
WITN ESSETH :
That for and in consideration of the below stated rent and other terms and
conditions stipulation in this Lease Agreement, hereinafter referred to as the " "Lease ",
Landlord does hereby least to Tenant, and Tenant does hereby rent from Landlord the
following described lot, piece or parcel of land, together with all improvements thereon,
together with the right of common with the other tenants, employees, customers and
invites, as located in the County of Roanoke, Virginia (the said land and improvements
thereon hereinafter referred to as the " "Premises "), to wit:
Approximately I square feet, which includes the gym /stage /kitchen /cafeteria
area of the Bent Mountain Elementary School as outlined on the floor plan attached as
Exhibit A.
Additional portions of the school facility may be incorporated into this lease with
the approval of the County Administrator and Tenant's officers.
TO HAVE AND TO HOLD said Leased Premises and the privileges and
appurtenances thereunto belonging to the Tenant, its successors and permitted assigns,
for the term hereinafter provided and upon all of the following terms and conditions, to
which the parties mutually covenant and agree:
1. TERM:
The term of this Lease shall be for one year and shall commence on the day of
2011 (the Commencement Date) unless terminated
pursuant to any provided hereof. The parties shall have the option to mutually agree to
renew this Lease for additional (1) one year.
2. POSSESSION:
Notwithstanding anything contained hereon to the contrary, Landlord and Tenant
mutually agree that if the Leased Premises cannot be delivered to the Tenant on the
Commencement Date for any reason, then the Commencement Date, the expiration
date and the original term of this Lease shall be adjusted to the date possession is
given to Tenant to reflect the original f u l l term of this Lease as contemplated herein,
that it shall not be entitled to any damages, rights or remedies whatsoever which the
Tenant might otherwise have by reason of possession of the Leased Premised not being
given on the originally contemplated Commencement Date.
Page 1 of 12
If the Tenant shall occupy the Leased Premises prior to the Commencement Date
of this Lease with Landlord's consent, all the provisions of this Lease shall be in full
force and effect as soon as Tenant occupies the Leased Premises and the expiration
date shall not change.
3. RENT:
During the original term of this lease and based on any of the Tenant's
investment in capital improvements in the leased area, Tenant covenants are to pay
$1.00 per year, annually on the first day of the Lease Agreement without demand and
that the Leased Premises are being improved and used for community purposes.
4. USE OF LEASED PREMISES:
Tenant shall use the Leased Premises and Common Areas for a Community
Center and for any legal community service purpose in accordance with applicable laws,
ordinances, and regulations of governmental authorities and all applicable restrictions,
covenants and agreements. Tenant will not use or permit or suffer the use of the
Leased Premises for any unlawful or offensive business or purpose. Tenant will not,
without prior written consent of the landlord, use or permit the walls, fences, roof or
any other part of the Leased Premises to be used for advertising purposes.
Tenant shall not discriminate or permit discrimination against any person or
group of persons on grounds of race, color, religious creed, age, national origin, sex,
mental retardation (including mental disability) or physical disability.
S. CONDITION OF LEASED PREMISES:
Tenant has examined and is satisfied with the present condition of the Leased
Premises and the equipment thereon, if any, and accepts the Leased Premises in its
current " "as -is" condition. No representations has been made to Tenant, or Tenant's
agents, by Landlord, or Landlord's agents, concerning the condition of the Leased
Premises and the equipment thereon, if any, or any particular use that can be made
thereof. Landlord or its agents shall instruct Tenant or others as to the use of
equipment or the Leased Premises. Tenant acknowledges that the Leased Premises are
suitable for Tenant's proposed use and is in compliance with all ordinances, regulations,
zoning, County or State law as relates to the Leased Premises and Tenant's intended
use of the Leased Premises.
6. ASSIGNMENT, SUBLETTING AND MORTGAGING BY TENANT:
Tenant shall not assign this Lease or sublet the Leased Premises, in whole or in
part, without Landlord's prior written consent, which shall not be unreasonably
withheld, conditioned or delayed. If consent to assign or sublease is obtained, no such
assignment or sublease shall in any way release or relieve Tenant or any guarantor
from any of its covenants or undertakings contained in this Lease, and in all cases
under this paragraph Tenant and any guarantor shall remain liable on this Lease, and in
Page 2 of 12
all cases under this Lease during the original and all renewal terms and extensions.
Tenant's request for consent to any subletting or assignment of this Lease shall be
accompanied by a written statement setting forth the details or the proposed sublease
or assignment and any other information Landlord deems relevant. Any rents paid to
the Tenant by subletting the Leased Premises shall only be used by the Tenant to
support the ongoing operations and maintenance costs of the Leased Premises. Tenant
shall be liable for reasonable fees incurred by the Landlord in connection with an
assignment or subletting of the Leased Premises, including but not limited, to
reasonable attorney's fees.
Tenant may obtain grants or loans to facilitate repairs, alterations, additions and
changes to the Leased Space or to obtain equipment, furnishings, and other personal
property subject to the terms and conditions of this Lease.
7. UTILITIES:
During the first year term of this agreement, Roanoke County shall continue to
contract directly with electric utility, fuel suppliers, telephone supplier, and cable
television supplier. In lieu of Tenant providing minimum heat to Leased Area, Landlord
w i l l provide water and sewer through its present connection at no additional charge for
the first or subsequent lease years.
Unless otherwise authorized by the County Administrator, beginning the second
year and subsequent terms of this agreement, Tenant shall pay any user connection
fees for electric, telephone, fuel, cable televisions and other utilities servicing the
Leased Area and shall be wholly responsible for all utility charges due to the use of the
Leased Premises.
Any tenants subletting any part of the Leased Premises from the Tenant shall be
responsible for their own utility fees. It should be included in any lease or rent charged
for the use of the facility.
8. INSURANCE AND INDEMNITY:
Landlord shall, at all times during the term of this Lease, obtain and keep in
force Hazard insurance on the building in which the Leased Premises are situated in
amounts as deemed appropriate by the Landlord. Landlord at its sole discretion may
self- insure. Tenant agrees that it will not do anything that will cause Landlord's
insurance against loss by fire or such other hazard as are covered and protected against
under policies of insurance commonly referred to and known as "all risk coverage" or
" "designated risk ", as well as public liability insurance, to be canceled or that will prevent
Landlord from procuring same in acceptable companies and at standard rates. Tenant
will further do everything reasonably possible and consistent with the conduct of
Tenant's business to enable Landlord to obtain the lowest possible rates for insurance
on the Leased Premises.
Page 3 of 12
Liability Insurance and Indemnification of Landlord. Tenant shall indemnify and
hold harmless Landlord from any and all liability, damage, loss, expense, cause of
action, suits, claims, or judgment arising from injury to person or property including,
without limitation, environmental liabilities on the Leased Premises, or upon the
adjoining sidewalks or other common areas, or otherwise resulting from the use of the
Leased Premises. Landlord will not provide insurance coverage for any personal
property, nor be held responsible to damages to any personal property. If the Tenant
or any sub -let wishes to insure personal property for potential damages, they may do
so at their risk and cost.
9. PERSONAL PROPERTY:
The Tenant will secure personal property items from County and Schools surplus
property inventories. No personal property acquired by the Tenant from such
inventories shall be removed from the Leased Premises without the Landlord's written
authorization.
Donated items from community or other sources shall also not be removed from
the Leased Premises without the Landlord's written authorization. This authorization
will not be unreasonably withheld, but this condition has been added to the agreement
to insure the proper listing and disposition of donated items.
Tenant shall repair or reimburse Landlord for the cost of repairing any damages
to the Leased Premises resulting from the installation or removal of personal property of
the Tenant.
10. MAINTENANCE, REPAIRS, ALTERATIONS AND REPLACEMENTS:
Tenant shall maintain Lease Premises in good condition, and perform all minor
repairs, and routine maintenance that become necessary within the Leased premises
including without limitation, interior light fixtures, plumbing fixtures, plumbing systems,
electrical systems, ceilings, telecommunication systems, interior wall surfaces. Repairs
considered to be beyond tenants' ability /scope will be reviewed with Landlord for
action. Landlord shall, at Landlord's sole cost, procure and maintain heating and /or air
conditioning systems. Tenant shall make no major alterations of, additions to, or
changes in, the Leased Premises or equipment without prior written consent of the
Landlord and all alterations, changes, and improvements by whomsoever made, shall
be the property of the Landlord. Tenant shall be responsible for routine and daily
housekeeping work, and will maintain records of minor repairs conducted by Tenant.
The Landlord shall assign County staff to work one day per week for approximately Five
(5) hours to provide additional housekeeping services. The Landlord shall provide the
Tenant with cleaning supplies which are reasonable and customary. Tenant shall keep
Leased Premises at a minimum of fifty -five (55) degrees Fahrenheit at all times to
prevent damage to plumbing and fire suppression systems. The Landlord shall provide
refuse collection services for the Leased Premises.
Page 4 of 12
The Landlord shall maintain all Common Areas in good repair and will use all
reasonable efforts to keep the same maintained, including any roofs, exterior walls,
clean refuse, snow and ice. " "Common Areas" is defined as all parking areas, sidewalks,
stairs, landscaped areas, lawn areas, and any common hallways or walkways that are
part of the Premises that includes portions which are part of the Leased Premises, but
tenant may perform such work with the approval of the Landlord: Landlord shall
procure and maintain a service contract to maintain the fire suppression system and fire
alarm system for the entire facility. Landlord shall be responsible for housekeeping and
remainder of Premises which is not part of the gym /cafeteria used by the Tenant.
Tenant and Landlord shall comply with all applicable laws and regulations of
governmental authorities with respect to the use of the Leased Premises and do any
work including repairs of a structural nature, which may be ordered by such
governmental authorities, but if Tenant, after notice ordering the work, fails to comply
with reasonable promptness, Landlord, without notice to the Tenant may do such work
and collect the cost thereof from the Tenant as additional rent hereunder. If Landlord
is required to abate any nuisance on the Premises, Landlord may do so without notice
to Tenant and Tenant shall pay all costs thereof as additional rent hereunder within
thirty (30) days from notification from Landlord of the amount due.
Tenant shall on the last day of the term, or upon the sooner termination of this
Lease, peaceably and quietly surrender the Leased Premises and equipment to
Landlord. Including all improvements. Alterations, buildings, replacements, changes or
additions placed by Tenant thereon, in as good condition and repair as the same were
on the Commencement Date, normal wear and tear expected.
E
NOTE: Tenant will do refuse from activities -which means gather it in bags for
pick -up, denotes Landlord being responsible for Common Areas, however, tenant may
do some and keep record of work performed.
11. DESTRUCTION OF LEASED PREMISES; CONDEMNATION:
If all or any portion of the Leased Premises are damaged or destroyed by fire or
other casualty covered by insurance, or condemned by public authority whether by
eminent domain or otherwise or conveyed by deed in lieu thereof, then withstanding
any Virginia law to the contrary, if totally destroyed or condemned so that the Leased
Premises are rendered untenable, this Lease shall terminate as of the date of such
destruction or condemnation, and Tenant shall be liable for the rent only to the date of
such destruction or condemnation, and the entire amount of insurance proceeds and /or
condemnation award for the Leased Premises shall belong to and be payable to the
Landlord: however, if only partially destroyed or condemned and still tenantable,
Landlord shall, within a reasonable time, repair the Leased Premises with a reasonable
reduction in rent from the date of such partial destruction or condemnation until there
be again premises substantially similar in value to Tenant as the Leased Premises.
Page 5 of 12
Landlord's obligation to repair or restore the Leased Premises as stated herein is
conditioned upon (a) all insurance proceeds and /or condemnations award or proceeds
in lieu thereof for the Leased Premises paid to Landlord being in amounts sufficient to
cover the cost of such repairs and restorations, and (b) there remaining a least twenty-
four (24) months in the then existing term of this Lease. If Landlord does not repair the
Leased Premises because either condition (a) or (b) is not met, Landlord shall so notify
Tenant and this Lease shall terminate as of the date of such partial destruction or
condemnation and Tenant shall be liable for rent only to the date of such partial
destruction or condemnation. As used herein, the date of condemnation shall be the
date on which legal title vests in the condemning authority.
Tenant shall give immediate written notice to Landlord of any damage,
destruction or condemnation of the Leased Premises, whether it is total or partial.
The Tenant will not be responsible for all structure problems, but shall be
required to assist in or perform all structure problems arising from the Tenant's use of
the Premises.
12. INSPECTION BY LANDLORD:
Tenant shall permit Landlord, its agents, or employees to inspect the Leased
Premises and all parts thereof during or after business hours and to enforce and carry
out any provisions of this Lease.
13. DEFAULT BY TENANT:
The happening of any of the following enumerated events shall constitute a
default for which Landlord, in addition to other right and remedies it may have, shall
have the immediate right of re -entry without service of notice or resort to legal process
and without Landlord being guilty of trespass, or becoming liable for any loss or
damage which may be occasioned thereby: (a) failure of Tenant to pay any rent or
other sums due hereunder on the date the same shall be due and payable; (b)
advertising by Tenant in any manner that would indicate or lead the public to believe
that the Tenant was going out of business or intending to vacate the Leased Premises;
(c) the filing by, on behalf of or against the Tenant, of any petition or pleading to
declare the Tenant insolvent or unable to pay its debts or meet its obligations under the
laws of the United States or any state; or a receiver of property of Tenant is appointed;
or the levy or execution or other taking of property, assets or the leasehold interest of
Tenant by process of law or otherwise in satisfaction of any judgment, debtor claim
against Tenant; or (d) failure of Tenant to perform any of the other items, conditions or
covenants of this Lease for more than ten (10) days after written notice of such failure
shall have been given to Tenant.
All of the foregoing remedies shall be in addition to any other rights Landlord
may have at law or in equity, and waiver of one default shall not be deemed to be a
waiver of any subsequent default.
Page 6 of 12
14. SUBORDINATION OF LEASE:
This Lease is made, and accepted by the Tenant, subject to subordination in law.
15. HAZARDOUS SUBSTANCE:
(a) Tenant shall not use, store, generate or dispose of or permit to be used,
stored, generated or disposed of any Hazardous Substance on or in the Leased
Premises without first obtaining Landlord's written consent. If Hazardous Substances
are used, stored. generated or disposed of on or in the Leased Premises without
Landlord's prior written consent or if the Leased Premises become contaminated in any
manner during the term of this Lease or any renewals or extensions, Tenant shall
indemnify, defend and hold harmless Landlord from any and all suits, causes of action,
proceedings, claims damages, fines, judgments, penalties, liabilities, losses. costs and
expenses (including, without limitations, a decrease in the value of the Leased
Premises, damages caused by Loss or restriction of rentable or usable space or any
damages caused by adverse impact on marketing of the space, and any and all sums
paid for settlement of claims, attorneys' fees, consultant and expert fees arising during
or after the term or any renewals or extensions and arising as a result of any breach of
this paragraph. This indemnification includes, without limitation, and any costs incurred
by Landlord because of any investigation of the site or any cleanup, removal or
restoration mandated by a federal, state, or local agency or political subdivision.
Without limitation of the foregoing, if Tenant causes or the presence of any Hazardous
Substances on the Leased Premises that result in contamination, Tenant shall promptly
at its sole expense, take any and necessary actions to return the Leased Premises to
the conditions existing prior to the presence of any such Hazardous Substance on the
Leased Premises. Tenant shall first obtain Landlord's written approval for any such
remedial action.
(b) As used herein, "Hazardous Substance" means any substance or material
that is toxic, ignitable, reactive or corrosive and that is regulated by any local
government, the Commonwealth of Virginia or the United States Government.
"Hazardous Substance" includes any and all materials or substances that are defined as
"hazardous waste ", "extremely hazardous waste ", or a "hazardous substance" pursuant
to state, federal or local government law "Hazardous Substance" includes, but is not
restricted to, asbestos, polychlorinated biphenyl's (PCB's), petroleum, solvents, printing
inks, pesticides, and leads.
(c) Tenant shall provide Landlord, in a timely manner, a Material Safety Data
Sheet ( "MSDS ") upon Landlord's request. Said MSDS shall describe the chemical
properties of any hazardous substance which may be used, stored, generated or
disposed of on or in the Leased Premises.
(d) The provisions of this shall survive the expiration or sooner termination of
this Lease.
Page 7 of 12
16. LIMITATION OF LANDLORD'S OBLIGATIONS:
Landlord shall have no liability to Tenant by reason of any inconvenience,
annoyance or injury to business arising from Landlord, other tenants or others in their
activities, making repairs, alterations, additions or improvements in or to a portion of
the building or the Leased Premises, or to fixtures, appurtenances, or equipment
thereof, and no liability upon Landlord for failure of Landlord or others to make any
repairs, alterations, additions or improvements in or to a portion r of the building or the
Leased Premises, or the building's fixtures, appurtenances, or equipment thereof.
17. GRANT APPROVALS:
The Tenant may not seek or file for any grants that include the encumbrance of
the Leased Premises without first obtaining written approval from the Landlord. Subject
to the Landlord providing prior approval to Tenant to apply for any grant, Tenant and
Landlord shall cooperate as necessary to assist either in applying for or receiving any
grants, including but not limited to planning grants, community development block
grants, or any private, foundation, local, state, or federal grant program.
18. RESERVED RIGHTS:
Landlord reserves the following rights:
(a) To change the name or street address of the building, or of the door number
on the Leased Premises, without liability of Landlord to Tenant;
(b) To enter during the last ninety (90) days of the term, provided Tenant shall
have removed all or substantially all of Tenant's property from the Leased Premises, for
the purpose of altering, renovating, remodeling, repairing or otherwise preparing the
Leased Premises for re- occupancy;
(c) To grant to anyone the exclusive right to conduct any particular business or
undertaking in the building. Providing normal community activities are not encumbered;
(d) To enter the Leased Premises at all times (1) for the making of inspections,
repairs, alterations, improvements or additions at or to the Leased Premises or building,
as Landlord may deem necessary or desirable, and (2) for any purpose whatsoever
related to the safety, protection, preservation or improvement of the Leased Premises
or of the building or of Landlord's interest;
(e) At any time or times, the Landlord, either voluntarily or pursuant to
governmental requirement, may, at the Landlord's own expense make repairs,
alterations or improvements in or to the building or any part thereof, and during
operations, may close entrances, doors, corridors, elevators or other facilities; Landlord
may exercise any or all of the foregoing rights hereby reserved by Landlord without
being deemed guilty of an eviction or disturbance of Tenant's use and possession and
without being liable in any manner to Tenant and without elimination or abatement of
rent, or other compensation, and such acts shall have no effect upon this Lease.
Page 8 of 12
Tenant reserves the right to cancel the Lease or parts of the Leased Space with
thirty (30) days written notification to the Landlord. Such cancellation or reduction in
the amount of Leased Space shall be at the sole discretion of the Tenant. Tenant shall
owe rent through the last day governed by the written notification and that date shall
be deemed the last day occupation or partial occupation by the Tenant.
19. MISCELLANEOUS:
(a) The failure of the Landlord to enforce in any term or condition, rule,
regulation or covenant as to which Tenant shall be guilty of a breach or be in default,
shall not be deemed to waive the right of Landlord to enforce the same or any
subsequent breach or default even if Landlord had knowledge of such breach or default
at the time of the receipt of any rent or other sums by Landlord, whether the same be
that originally reserved or that which may be payable under any of the covenants or
agreements herein contained, or any portion thereof The acceptance by Landlord of
checks or cash from persons other than Tenant shall in no event depict the consent of
Landlord to any assignment or sub -lease by Tenant. No waiver or modification of this
Lease nor any release or surrender of the same shall be claimed by Tenant unless such
waiver or modification or release or surrender is in writing and signed by Landlord.
(b) Each provision hereof shall bind and inure to the benefit of Landlord and
Tenant and as the case may be: if Tenant is an individual, Tenant's legatees, executors,
and administrators; Landlord's successors and assigns; if Tenant is a corporation or
other entity, its successors; and in the event the Landlord consents to the assignments
of this Lease notwithstanding the terms hereof, Tenant's assigns.
(c) The parties hereto agree that whenever the word "Tenant" and /or "party" is
used herein it shall be construed to mean Tenant and or parties, if there be more than
one, and generally, feminine or neuter pronouns shall be substituted for those of the
masculine form and vice versa, and the plural is to be substituted for the singular
number in any place herein in which the context shall require such substitution.
(d) Paragraph headings for this Lease are used for convenience only, and are in
no way to be construed as a part of this Lease or as a limitation on the scope of the
particular provision to which they refer.
(e) Tenant shall proceed with the necessary fund raising activities during the use
of the Premises. The purpose of the fund raising activities is to start to process by
which the Tenant representatives can raise sufficient funds to pay for the ongoing Bent
Mountain Community Center operating costs. If the Tenant's representatives are not
successful in raising sufficient funds to provide ongoing operations expenditures, the
lease may be terminated by the Landlord.
Page 9 of 12
20. SEVERABILITY:
The invalidity of any provision of this Lease as determined by a court of
competent jurisdiction shall in no way effect the validity of any other provision hereof.
21. JOINT VENTURE DISCLAIMER:
Any intention to create a joint venture or partnership relation between the
parties hereto is hereby expressly disclaimed.
22. SUCCESSORS AND ASSIGNS:
All parties hereto agree that all of the provisions hereof shall be binding and
inure to the benefit of the parties hereto, their heirs legal representatives, successors
and assigns.
23. APPLICABLE LAW, CONSTRUCTION:
This Lease Agreement shall be construed in accordance with the laws of the
Commonwealth of Virginia.
24. NOTICES: Am
Wherever in this Lease it shall be required or permitted that notice or demand be
given or served by either party to this Lease to or on the other, such notices or
demands shall be deemed given or served whether actually received or not when
deposited in the United States Postal Service, postage pre -paid, certified or registered
mail addressed to parties hereto at the respective addresses set forth below or any
other address that may be specified by the parties.
TO LANDLORD: General Services Director
1216 Kessler Mill Rd
Salem, VA 2153
Ph: (540) 387 -6200
Ph: (540) 387 -6225
TO TENANT:
25. FINAL UNDERSTANDING:
This Lease and any Exhibits and Addenda hereto contain all agreements of the
parties with respect to any matter mentioned herein. No prior or contemporaneous
agreements or understanding pertaining to any such matter shall be effective. This
Lease maybe modified in writing only, signed by the parties in interest at the time of
the modification.
Page 10 of 12
LANDLORD AND TENANT HAVE CAREFULLY READ AND REVIEWED THIS LEASE
AND EACH TERM AND PROVISION CONTAINED HEREIN AND HAVE HAD AN
OPPORTUNITY TO SEEK LEGAL ADVICE WITH RESPECT TO THIS LEASE. BY
EXECUTION OF THIS LEASE LANDLORD AND TENANT EVIDENCE THEIR INFORMED
AND VOLUNTARY CONSENT HERETO. THE PARTIES HEREBY AGREE THAT, AT THE
TIME THIS LEASE IS EXECUTED, THE TERMS OF THIS LEASE ARE COMMERCIALLY
REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LANDLORD AND
TENANT WITH RESPECT TO THE LEASED PREMISES.
IN WITNESS WHEREOF, each individual party hereto has hereunto signed his or
her name and affixed his or her seal, and each corporate party hereto has caused its
name to be signed and its seal to be affixed by its duly authorized officers.
LANDLORD:
Date: THE COUNTY OF ROANOKE
A political subdivision of the Commonwealth of
Virginia
TENANT:
Date:
WITNESS these signatures and seals this day of 1 12011
BOARD OF SUPERVISORS OF ROANOKE County Of Roanoke
By:
B. Clayton Goodman, III County Administrator
Approved as to form:
Roanoke County Attorney
The foregoing Lease was acknowledged before me this day of , 2011 by B.
Clayton Goodman, III, acting in his capacity as County Administrator of Roanoke
County, Virginia, on behalf of the county.
My Commission expires:
Registration No.:
Page 11 of 12
ROANOKE COUNTY PUBLIC SCHOOLS
Approved to form:
Roanoke County Public Schools
am
Dr. Lorraine Lange, School Superintendent
The foregoing Lease was acknowledged before me this day of , 2011, by Dr.
Lorraine Lange, acting in her capacity as Superintendent for Roanoke County Public
Schools.
My Commission expires:
Registration No
Approved as to form:
The foregoing Lease was acknowledged before me this day of , 2011, by
, acting in the capacity as representing
My Commission expires:
Registration No.:
Page 12 of 12
This LEASE AGREEMENT, made and entered into this day of 2011, by and
between the BOARD OF SUPERVISORS OF ROANOKE COUNTY (hereinafter referred to as
"County "), and the COUNTY SCHOOL BOARD OF ROANOKE COUNTY, (hereinafter referred
to as "School Board ") .
WITNESSETH:
That for and in consideration of these mutual covenants and conditions, the School
Board leases to the County and the County accepts and hires from the School Board, the below
described premises on the following terms and conditions:
1. The School Board agrees to lease to the County and the County agrees to lease
from the School Board, in accordance with the terms and conditions set forth in this agreement,
that certain real property situated on Bent Mountain that property known as the Bent Mountain
School, and more particularly described as follows and hereinafter referred to as the 'Premises",
to -wit:
To be provided
2. The term of this lease shall be for a period of five (5) years, said term
commencing as of , 2011, and continuing until June 30, 2016.
3. The County shall pay as rent the sum of One Dollar ($1.00) per year for each first
year of the lease term to the School Board.
4. During the term of this lease, the School Board shall remain responsible for the
payment of the replacement or repair of all item deemed to be "Major Capital" on the premises.
Major Capital is defined in the various financial documents and agreement between the parties.
(a) School Board shall maintain and repair the Premises to the standard of
similar public buildings in the greater Roanoke Valley, Virginia area and in compliance with all
applicable laws and regulations. In addition to School Board's obligations set forth elsewhere in
this Lease, School Board shall, at its sole cost and expense, maintain in good condition and
repair in a prompt and diligent manner (i) all portions of the roof, roof structures and supports,
and all structural portions of the Premises, including but not limited to, the foundation and
structural supports, exterior and load bearing walls, subfloors and floors (but not floor
coverings), gutters, down spouts and exterior doors; (ii) heating, ventilation and air
conditioning systems, (iii) electrical systems, (iv) plumbing and fire sprinkler system, and (v) all
Page 1 of 6
defects in the Premises as well as any damage to the Premises caused by the willful act or the
gross negligence of the School Board or its agents.
(b) The County may give School Board notice of any repairs or maintenance
that are required under the terms of this Lease and School Board shall proceed forthwith to
effect the same with reasonable diligence, but in no event later than fifteen (15) working days
after receipt of such notice. In the event of an emergency, County shall immediately notify the
School Board. The County shall be empowered to undertake immediate repairs or maintenance
of such nature as would be School Board's responsibility and notify School Board promptly
after such work has been undertaken. If School Board fails to proceed to repair or maintain the
Premises with due diligence or within the fifteen (15) working day period provided herein, or if
County undertakes emergency repairs as above stated, County may perform the repairs or
maintenance and School Board shall be liable to County for the reasonable costs of the same.
County accepts and acknowledges receipt of the Premises as of the commencement date
of this Lease in good and clean condition.
The School Board represents and warrants to County that the roof, plumbing, fire
sprinkler system, lighting, heating, ventilation and air conditioning systems and electrical
systems in the Premises, is in good operating condition and during the entire Term of the Lease.
In the event of a non - compliance with such warranty, School Board shall, except as otherwise
provided in this Lease, promptly after receipt of written notice from County setting forth the
nature and extent of such non - compliance, rectify same at School Board's cost and expense.
5. It is understood and agreed by the parties that the premises shall, during the
term of this lease, be used for a public library. In addition the County may sub -lease portions of
the Premises to one or more charitable, non - profit organizations dedicated to community uses.
All of the County's equipment placed on the premises shall remain personal property of the
County notwithstanding the fact that it might otherwise be deemed to be fixtures.
That all personal property in said Premises shall be and remain at County's sole risk,
and School Board, except to the extent caused by the School Board's gross negligence or willful
misconduct, shall not be liable for any damage to nor loss of such personal property arising
from any acts of negligence of any persons, nor from the leaking of the roof, nor from the
Page 2 of 6
bursting, leaking or overflowing of water, sewer or steam pipes, nor from heating or plumbing
fixtures, nor from electric wires or fixtures, nor from any other cause whatsoever.
6. The County may terminate this lease if the site becomes unfit for the County's
purposes. Any such termination shall be effective ninety (90) days after mailing to the School
Board of the County's notice to terminate this lease. The School Board may terminate the lease
if in its sole discretion it determines that the Premises are need for public school purposes. The
School Board shall give the County One Hundred and Twenty Days (120) notice of such
termination.
7. The School Board acknowledges that this lease may be assigned or the premises
sub -let, in whole or in part, by the County.
8. The County shall keep and maintain the Premises in good and safe condition.
Upon the expiration of this lease, the Tenant shall surrender the premises in good condition free
and clear of trash and debris and in the same condition as when this lease began. No property
of the County shall be abandoned on the premises without the express consent of the School
Board.
9. The School Board makes no representation regarding the present or future
usability of the site for the County's intended purposes. Any governmental permits, licenses or
authorization necessary to use the premises for the County's purposes must be obtained by the
County at the County's sole cost and expense.
10. That all personal property in said Premises shall be and remain at County's sole
risk, and School Board, except to the extent caused by the School Board's gross negligence or
willful misconduct, shall not be liable for any damage to nor loss of such personal property
arising from any acts of negligence of any persons, nor from the leaking of the roof, nor from
the bursting, leaking or overflowing of water, sewer or steam pipes, nor from heating or
plumbing fixtures, nor from electric wires or fixtures, nor from any other cause whatsoever.
11. Any notice to the parties may be given to the following addresses and shall be
effective upon deposit in the U. S. Postal system, certified mail with sufficient postage affixed:
Page 3 of 6
4 qclhnnl Rnarrl
Count
Board of Supervisors of Roanoke County
1206 Kessler Mill Road
Salem, VA 24153
With a copy to:
Roanoke County Attorney
Roanoke County Administration Center
P. O. Box 29800
Roanoke, VA 24018
12. The County during the term of this lease or any extension thereof will require
any sub - lessee to maintain a policy of general liability insurance (including property damage
and bodily injury), with a carrier licensed to do business in the Commonwealth of Virginia, or
self - insurance as approved by the State of Virginia, providing minimum liability coverage's of
$300,000.00, with no annual aggregate, naming the School Board as co- insured.
13. (a) County's obligation to pay is subject to annual appropriations being
made for such purpose by the governing body of the County of Roanoke. County will perform
all acts lawfully within its power to obtain and maintain funds from which payments hereunder
may be made, including making requests for appropriations for such payments to the extent
necessary in each fiscal year or annual budgets submitted for the purpose of obtaining funding,
and, will do no act or make any statement that will cause the disapproval of the appropriation.
(b) Any other provision of this lease to the contrary notwithstanding, this
agreement shall not constitute a debt of the County within the meaning of any limitation on
indebtedness of the County under the Constitution or laws of the Commonwealth of Virginia,
including the Charter of Roanoke County, Virginia, and failure of the Board of Supervisors of
Roanoke County, Virginia to appropriate funds in any year for payment in full of the payments
required by paragraph 3 or any other provision of this lease during such year shall, ipso facto,
terminate this lease and render this lease null and void without further liability on the part of
the County of any kind whatsoever, except for its obligation to maintain the property described
in this lease and to surrender possession of same to the School Board if prior to or at such time
of non- appropriation, funds are not or have not been appropriated or are not available for the
purchase, lease or rental of premises to perform a like function as the premises described herein.
Page 4 of 6
14. The School Board covenants and represents that he has the full and complete
ownership of the leased premises; that it has the full power and right to execute this lease and to
perform the obligations hereunder; that no private restrictions exist with respect to the said
premises or the use thereof; that no one, exclusive of the School Board and County and their
respective successors in interest, has any interest in or claim against the leased premises; and
that the proposed use of the leased premises by the County is lawful and permissible under all
laws and regulations.
15. In the event that the School Board intends to sell the leased premises, the sale
and conveyance thereof will be made subject to the provisions of this lease.
16. This Agreement represents the entire understanding between the parties and
may not be modified or changed except by written instrument executed by the parties.
17. This Agreement shall be binding upon the parties hereto, their heirs, personal
representatives, successors, and assigns.
18. This Agreement shall be executed in duplicate, each of which shall constitute an
original.
19. B. Clayton Goodman III, County Administrator of Roanoke County, Virginia,
hereby joins in the execution of this instrument to signify the acceptance and approval by the
Board of Supervisors of Roanoke County, Virginia, pursuant to Ordinance No. adopted by
said Board of Supervisors on the day of , 2011.
WITNESS the following signatures and seals:
Approved as to form:
COUNTY SCHOOL BOARD OF
ROANOKE COUNTY
M
BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA
Paul M. Mahoney
County Attorney
B. Clayton Goodman III
County Administrator
Page 5 of 6
(SEAL)
(SEAL)
Commonwealth of Virginia,
County/ City of , to -wit:
The foregoing instrument was acknowledged before me this day of
2011, by on behalf of the County School
Board of Roanoke County.
Notary Public
My commission expires:
Commonwealth of Virginia,
County/ City of Roanoke, to -wit:
The foregoing instrument was acknowledged before me this day of
, 2011, by B. Clayton Goodman III, County Administrator, on behalf
of the Board of Supervisors of Roanoke County, Virginia.
Notary Public
My commission expires:
Page 6 of 6
ACTION No.
ITEM NO. 0-3
AT A REGULAR MEE - SING of THE BOARD OF SUPERVISORS of ROAI' - 40 CE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: July 12, 2011
AGENDA ITEM: Work session to discuss two proposed surveys
SUBMITTED BY: B. Clayton Goodman III
County Administrator
APPROVED BY: B. Clayton Goodman III
Count y Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
At the June 14, 2011, Board of Supervisors (BoS) meeting, Board member Richard Flora
asked that a work session be scheduled for the purpose of conducting an employee
survey. - the purpose of the employee survey would be to gauge the employees' concerns
and thoughts on the past three years and the impact of the necessary budget reductions.
Board member Ed Elswick also asked - that when this work session was scheduled, that the
BoS revisit his request for the BoS to conduct a citizen survey to gauge the community's
thoughts and concerns regarding the community.
Both are listed for discussion, so that the BoS can consider conducting the requested
surveys.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JULY 12
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.