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HomeMy WebLinkAbout6/28/2011 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 28 2011 RESOLUTION 062811 -1 GRANTING A WAIVER 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" OF THE ROANOKE COUNTY CODE TO BRANCH HIGHWAYS, INC. — BUCK MOUNTAIN ROAD IMPROVEMENT PROJECT, CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, Branch Highways, Inc. have requested a waiver of the County's noise ordinance as contemplated under Sec. 13 -23. "Undue hardship waiver" be given to Branch Highways, Inc., the contractors for the Buck Mountain Road improvement project, to permit the road construction to be performed at night to take advantage of lower traffic volumes beginning on June 29, 2011, and ending August 19, 2011; and WHEREAS, Lumsden Associates, P.C. had prepared road improvement plans for the project. These plans have been approved by Roanoke County and are pending approval by the Western Virginia Water Authority and the Virginia Department of Transportation; 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 - Article II. "Noise" of Chapter 13. "Offenses — Miscellaneous" to avoid undue hardship upon consideration of certain factors set forth in subsection (b) of Sec. 13 -23 and after making certain alternative findings. BE IT RESOLVED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. In making its determination as to whether to grant the requested waiver to Branch Highways, Inc. from the County's noise ordinance, the Board of Supervisors has Page 1 of 4 considered the following factors: a. The time of day the noise will occur and the duration of the noise: Beginning at approximately 10:00 p.m. on June 29, 2011, and ending 7:00 a.m. on August 19, 2011. b. Whether the noise is intermittent or continuous: The noise produced during the process of performing road construction is done in order to take advantage of lower traffic volumes, minimizing impacts on the public, while maximizing safety to the public and construction workers. Tasks currently identified as those that will be performed at night include but are not limited to: storm drain piping and structures including road crossing; water line relocation; curb and gutter and concrete medians that tie to US 220 from Buck Mountain Road; all road widening, profiling and paving; and pavement marking. The noise waiver will not be utilized on a daily basis; rather it will be used when necessary and prudent to do so. C. The extensiveness of the noise: May be extensive at times depending upon the nature of the work. d. The technical and economic feasibility of bringing the noise into conformance with the noise ordinance: This work has to be completed at night in order to minimize impacts on the traveling public, while maximizing safety to the public and construction workers. e. Other matters related to the impact of the noise on the health, safety and welfare of the community and the degree of hardship resulting from enforcement of the ordinance: Page 2 of 4 f. The extent to which the noise is necessary and incidental to the commercial and industrial use generating the sound: The noise to be generated by this road work is necessary and incidental to completion of the new traffic patterns from the Clearbrook Walmart. 2. The Board of Supervisors makes the following finding: Compliance with the provisions of the County's noise ordinance concerning the specific act of noise disturbance by operation of equipment for road construction under subsection (1) of Sec. 13 -21. "Specific acts as noise disturbance "" would produce serious economic hardship for Branch Highways, Inc. without producing any substantial benefit to the public, further it would result in greater impacts on the public using Buck Mountain Road and U.S. Route 220, increase safety hazards both for the public and the construction workers. 3. That the provisions of Sec.13 -21. "Specific acts as noise" subsection (1) of Article II. "Noise" of Chapter 13. "Offenses — Miscellaneous" be WAIVED for a period from June 29, 2011 until August 16, 2011. 4. This Waiver is granted specifically to Branch Highways, Inc., their officers, employees and agents for road construction work and related activities on Buck Mountain Road at Route 220 at the Clearbrook WalMart development in Roanoke County, Virginia. 5. That this Waiver may only be extended upon written application and approval by the Board of Supervisors. 6. That this Resolution shall be in full force and effect from its passage. Page 3 of 4 On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Altizer, Flora, Elswick, Church NAYS: None ABSENT: Supervisor Moore A COPY TESTE: Deborah C. Jacks" L/ Clerk to the Board of Supervisors cc: Arnold Covey, Director of Community Development Page 4of4 ACTION NO. A -062 811 -2 ITEM NUMBER F -2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY June 28, 2011 Request to accept and appropriate additional State revenues in the amount of $1,025,000 to the Department of Social Services for fiscal year 2010 -2011 budget W. Brent Robertson Director of Management and Budget COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Department of Social Services receives, throughout the year, additional appropriations for public assistance and services delivery. The State has made available $500,000 of Adoption Subsidy; $400,000 for Day Care Assistance; $59,000 of auxiliary grants for the elderly and disabled; and $31,000 of administrative support. Also, an additional $35,000 in revenue from the City of Salem is expected. The Board of Supervisors is requested to appropriate $1,025,000 to the Social Services budget and to appropriate the related revenues from the State. FISCAL IMPACT: No fiscal impact; local required match is currently in budget. STAFF RECOMMENDATION: Staff recommends appropriation of $1,025,000 to the fiscal year 2010 -2011 Social Services budget to be distributed in the following manner: $250,000 federal adoption assistance (602000- 5771); $250,000 Special Needs Adoption (602000- 5771); $400,000 TANF/VIEW work and transitional child care (602000- 5749); $30,000 auxiliary grants for the aged (602000- 5710); $29,000 auxiliary grants for the disabled (602000- 5720); $35,000 miscellaneous operating costs (601000 - 5850); and $31,000 foster care prevention (602000 -5741) and to appropriate same revenues from the state. Page 1 of 2 VOTE: Supervisor Church moved to approve the staff recommendation. Motion approved. cc: W. Brent Robertson, Director of Management and Budget Daniel R. O'Donnell, Assistant County Administrator Rebecca Owens, Director of Finance Joyce Earl, Director of Social Services Page 2 of 2 Yes No Absent Ms. Moore ❑ ❑ � Mr. Altizer � ❑ ❑ Mr. Flora � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Church � ❑ ❑ cc: W. Brent Robertson, Director of Management and Budget Daniel R. O'Donnell, Assistant County Administrator Rebecca Owens, Director of Finance Joyce Earl, Director of Social Services Page 2 of 2 ACTION NO. A -062 811 -4 ITEM NO. F -4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 28, 2011 AGENDA ITEM: SUBMITTED BY: Appeal of a denial of a claim by John N. Gibson (3814 Belle Meade Drive, Roanoke, Virginia), Cave Spring Magisterial District Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: John N. and Teresa H. Gibson have filed a claim for damages in the amount of $52,881.64 to their property at 3814 Belle Meade Drive. This claim includes: CDs, video games, DVDs, games, books, furniture, tools, appliances, collectibles, new gas furnace, new flooring and restoration /repair services. The damages arose out of the heavy rainstorms that occurred on Saturday, April 16, 2011, and flooded their home. Mr. Gibson has requested an opportunity to speak and to present his claim to the Board. The Risk Manager investigated this claim, and in consultation with the County Attorney, decided to deny this claim. It exceeds the authority he has under the County Code. In addition, it was determined that the County was not negligent, and that the County's actions did not cause the flooding and resulting damages. The County believes that this flooding was an "Act of God ". It rained seven inches (7 ") in the space of two to three (2 -3) hours in this portion of southwest Roanoke County. Portions of Tanglewood Mall and Cave Spring High School were flooded. This rainfall exceeded the one hundred (100) year storm calculations. In addition, the drainage system and facilities adjacent to the Gibson property appeared to have been blocked with organic material deposited into the drainage easement by neighboring property owners. There are two pipes between Mr. Gibson's and a neighbor's property: eighteen inches (18 ") and fifteen inches (15 "). The eighteen inch (18 ") pipe behind Mr. Gibson's was completely blocked by a log (firewood size) of slightly larger Page 1 of 3 diameter on one end of the log. The log was inside the eighteen inch (18 ") pipe like a "cork ". The fifteen inch (15 ") pipe was clear and appeared to function during the storm event. Some debris was around the inlet on Belle Meade Drive, but in the opinion of engineering staff, not enough to cause problems from blockage. When this property was developed, the storm water drainage was adequate based upon the standards in effect at that time (Belle Meade plat was recorded on October 13, 1956). Since that time, storm water drainage standards have been increased. If this property were developed today, the drainage system would be deemed inadequate. Since this unusual storm event, the County has discussed with Mr. Gibson the opportunity to acquire from him an additional new easement of 0.0303 acre to improve the existing drainage easement. Engineering staff has recommended re- grading the easement, the installation of a thirty six inch (36 ") concrete pipe through the Gibson property, and is working with the Virginia Department of Transportation (VDOT) to upgrade its thirty inch (30 ") pipe and inlets. There is minor erosion in the channel upstream from the Gibson property, but this was not the cause of the blockage. The Board had approved a project upstream from the Gibson property (Project No. 290). However, this was an erosion control request for an existing channel in a drainage easement. This request for assistance was approved but received a low rating of " Four (4) Minor Nuisance ". The system downstream was not evaluated at the time of the complaint. Staff is proposing channel improvements upstream from the Gibson property while working on this project. The Code of Virginia established a claims procedure for counties (see Sec. 15.2 - 1245). When a claim is disallowed, the claimant has thirty (30) days to appeal that denial to the circuit court (see Sec. 15.2 - 1246). No action shall be maintained by any person against the county until that person has presented his or her claim to the governing body (see Sec. 15.2 - 1248). Denial of this claim will allow Mr. Gibson to proceed to circuit court. STAFF RECOMMENDATION: It is recommended that the Board uphold the denial of this claim and allow the applicants to proceed to seek a judicial remedy. Page 2 of 3 VOTE: Supervisor Flora moved to approve the staff recommendation. Motion approved. cc: Paul M. Mahoney, County Attorney Page 3of3 Yes No Absent Ms. Moore ❑ ❑ � Mr. Altizer � ❑ ❑ Mr. Flora � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Church � ❑ ❑ cc: Paul M. Mahoney, County Attorney Page 3of3 ACTION NO. A -062 811 -3 ITEM NO. F -3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 28, 2011 AGENDA ITEM: SUBMITTED BY: Request to authorize an agreement between Roanoke County and the Town of Vinton in the purchase of approximately 0.71 acre of real estate (Tax Map Nos. 60.16 -8 -1 and 2) from B. Wayne Dunman and Rebecca J. Dunman and approximately 1.24 acres of real estate (Tax Map Nos. 60.16 -8 -3 and 4) from Taz Wade, Inc. for library purposes B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The County of Roanoke has negotiated a contract to acquire 0.761 acre from B. Wayne Dunman and Rebecca J. Dunman for $840,000 and 1.24 acres from Taz Wade, Inc. for $415,000. This property is located 304 Pollard Street, Vinton, Virginia. A building is located on the Dunman property and the Taz Wade, Inc. property is used as a parking lot. The construction of a new library in the Vinton or East Roanoke County area has been identified as a priority capital project in the County's Capital Improvement Program. Funding to implement the Capital Improvement Program is subject to appropriations by the Board of Supervisors, and it is not anticipated that such funding would occur before 2018. Vinton's Comprehensive Plan and Downtown Master Plan have created a vision for downtown Vinton. Anew library would complement this redevelopment vision, and would support the economic development of the Town's downtown area. The purchase of this property will give us control of the property and the ability to build a new library on this site at some point in the future. In addition, locating a new Vinton branch library on this property will support the Town of Vinton's plans. The Town has agreed to pay one -half (1/2) of the purchase price for these two (2) properties. When the agreement was presented to the Board on July 14, 2011, the Board expressed concern over Section 6 which required completion of the new library on this site Page 1 of 2 within ten (10) years from the date of the agreement or the County would need to refund the Town of Vinton within ninety (90) days. The Board then requested the County Administrator to work with the Town of Vinton regarding the time limitation. Anew agreement has been prepared that provides If the County does not commence the construction of a new library on this Property within ten (10) years of the date of the Agreement; or if the County does not complete construction of a new library on this Property within twelve (12) years of the date of this Agreement; then the County will convey to the Town cone -half undivided ownership interest in the Property. Commencement of construction of a new library may be evidenced by the execution of a contract by the County for the architectural design and engineering of this structure, and completion of construction of a new library shall be evidenced by the issuance of a certificate of occupancy. It is recommended that if the ownership is transferred to the Town of Vinton that before the Library is constructed that the ownership be conveyed back to the County. FISCAL IMPACT: The Town of Vinton's participation will assist Roanoke County in the purchase of Downtown Vinton property. The partnership is a fifty /fifty (50/50) cost share with Roanoke County retaining one hundred percent (100 %) ownership, accept as indicated above. STAFF RECOMMENDATION: Staff recommends approval of the agreement between Roanoke County and the Town of Vinton. VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. cc: B. Clayton Goodman III, County Administrator Rebecca Owens, Director of Finance Page 2 of 2 Yes No Absent Ms. Moore ❑ ❑ � Mr. Altizer � ❑ ❑ Mr. Flora � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Church � ❑ ❑ cc: B. Clayton Goodman III, County Administrator Rebecca Owens, Director of Finance Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 28 2011 RESOLUTION 062811 -5 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM K- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for June 28, 2011, designated as Item K- Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 9 inclusive, as follows: 1. Minutes — May 24, 2011 2. Resolution to accept Green Ridge Court into the Virginia Department of Transportation (VDOT) Secondary System 3. Confirmation of Appointments to the Parks, Recreation and Advisory Commission; Roanoke Valley Alleghany Regional Commission; Roanoke Valley Alleghany Regional Commission — Metropolitan Planning Organization 4. Request to appropriate $2,000 to the Police Department from donation funds for fiscal year 2011 -2012 for the Blue Ridge Regional Crash Investigation Team for traffic safety projects 5. Request to accept and appropriate $242,251 from the Department of Juvenile Justice for the Virginia Juvenile Community Crime Control Act (VJCCA) grant for the fiscal year 2011 -2012 6. Request to appropriate $16,314.68 to the Clerk of the Circuit Court from the State for fiscal year 2010 -2011 7. Resolution approving the revised Flexible Benefits Plan Document for Roanoke County effective July 1, 2011 Page 1 of 2 8. Resolutions requesting changes in the Virginia Department of Transportation Secondary System of State Highways, Route 755, Stable Road, Route 574, Clearbrook Lane and Route 575, Clearbrook Village Lane, Cave Spring Magisterial District 9. Request to authorize amendments to the Deferred Compensation Section 457 Plan On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Altizer, Flora, Elswick, Church NAYS: None ABSENT: Supervisor Moore A COPY TESTE: Deborah C. Jacks Clerk to - the Board of Supervisors Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 28 2011 RESOLUTION 062811 -5.a TO ACCEPT GREEN RIDGE COURT INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) SECONDARY SYSTEM WHEREAS, the streets described on the attached VDOT Form AM -4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements, and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999, for comprehensive stormwater detention which applies to this request for addition. NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street(s) described on the attached Additions Form AM -4.3 to the secondary system of state highways, pursuant to §33.1 -229, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time. BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right- of -way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. Page 1 of 2 On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Altizer, Flora, Elswick, Church NAYS: None ABSENT: Supervisor Moore A CORY TESTE: Debdrah C. Jacks Clerk to the Board of upervisors cc: Arnold Covey, Director of Community Development Brian Epperly, Transportation Engineer Virginia Department of Transportation hereby certify that the foregoing is a true and correct copy of Resolution 062811 -5.a adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, June 28, 2011 Page 2 of 2 In the County of Roanoke w . . . . . . . - . ■ r ■ . . . .... . r -------- By resolution of the governing body adopted June 28, 2011 The following MOT Form AM-4.3 Is hereby attached and incorp ted as part of the governing body's resolution for changes in the secondary system of state highways. R Copy Tcatee Signed {County Official) Report of Changes in the Secondary System of State Highways ProJectlSubdivision Green Ridge Court Type Change to the Secondary System of State Highways: Addition The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.1 -229 Street Name andlorAoute Humber Green Ridge Court, State Route Number 1970 Old Route Number: 0 e From; End of State Malnienance Route 1970 • To: End, Cul-de -sac, a distance of: 0.11 miles. Recordation Reference: P.B. 2009 PLC. 16576 Right of Way width (feet) = 40 feet VDOr norm AM 43 (4r2DR007) Mvintanunca Division Date of Resolution: June 28, 2011 Page 1 of 1 e e Exh .10 r' OW N,. ,- Uc D _or- w yam IL � ilfl DESCRIPTION LENGTH Mlles ROW WIDTH Feet Feet p � 04 Trip 0.11 e e Exh .10 r' OW N,. ,- Uc D _or- w yam IL � ilfl DESCRIPTION LENGTH Mlles ROW WIDTH Feet Feet SERVICES Houses Green Ridge Court extension (route 1970) Sta. 17+41.73 to Sta. 24 +10.00 0.11 40 28 22 ROANOKE COUNTY ACCEPTANCE OF GREEN RIDGE COURT INTO THE DEPARTMENT OF VIRGINIA DEPARTMENT OF TRANSPORTATION COMMUNITY DEVLOPMENT SECONDARY SYSTEM IL- 1 PROPOSED ADDITION IN GRAY MYY �R K M�.f M M A r� �� M f rr+f4alrl r.Y I + MON e r 0.0 wor gg ACTION NO. A -062 811 -5 . b ITEM NO. K -3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: June 28, 2011 Confirmation of appointments to the Parks, Recreation and Advisory Commission; Roanoke Valley Alleghany Regional Commission; Roanoke Valley Alleghany Regional Commission — Metropolitan Planning Organization Deborah C. Jacks Clerk to the Board B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Parks, Recreation and Advisory Commission Charlotte Moore had requested the Clerk to the Board of Supervisors contact Beth Doughty to see if she would be interested in serving an additional term. Ms. Doughty advised she would be pleased to continue to serve. Ms. Doughty's new term will expire June 30, 2014. 2. Roanoke Valley Alleghany Regional Commission After the closed meeting on May 24, 2011, the Board of Supervisors asked the Clerk to contact Supervisor Ed Elswick to see if he would be willing to serve an additional three -year term. Supervisor Elswick was contacted and advised he would be pleased to continue to serve. Mr. Elswick new term will expire June 30, 2014. Page 1 of 2 3. Roanoke Valley Alleghany Regional Commission — Metropolitan Planning Organization After the closed meeting on May 24, 2011, the Board of Supervisors asked the Clerk to contact Supervisor Ed Elswick to see if he would be willing to serve an additional three -year term as alternate on this committee. Supervisor Elswick was contacted and advised he would be pleased to continue to serve. Mr. Elswick new term will expire June 30, 2014. VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. cc: Arlain Martin, Secretary to the Parks, Recreation and Advisory Commission Pete Haislip, Director of Parks, Recreation and Tourism Wayne G. Stickland, Secretary to the Roanoke Valley Regional Commission Page 2 of 2 Yes No Absent Ms. Moore ❑ ❑ � Mr. Altizer � ❑ ❑ Mr. Flora � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Church � ❑ ❑ cc: Arlain Martin, Secretary to the Parks, Recreation and Advisory Commission Pete Haislip, Director of Parks, Recreation and Tourism Wayne G. Stickland, Secretary to the Roanoke Valley Regional Commission Page 2 of 2 ACTION NO. A -062 811 -5 . c ITEM NO. K -4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 28, 2011 AGENDA ITEM: Request to appropriate $2,000 to the Police Department from donation funds for fiscal year 2011 -2012 for the Blue Ridge Regional Crash Investigation Team for traffic safety projects SUBMITTED BY: James R. Lavinder Chief of Police APPROVED BY: B. Clay Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION The Police Department expects future donations and support of this project from private organizations. Funds will be used for traffic safety projects performed by the Blue Ridge Regional Crash Investigation Teams which is overseen by the Police Department. FISCAL IMPACT: None, one hundred percent (100 %) donated funds. STAFF RECOMMENDATION: Staff recommends appropriating $2,000 to the Police Department for fiscal year 2011- 2012. Page 1 of 2 VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. cc: James R. Lavinder, Chief of Police Daniel R. O'Donnell, Assistant County Administrator Rebecca Owens, Director of Finance Page 2 of 2 Yes No Absent Ms. Moore ❑ ❑ � Mr. Altizer � ❑ ❑ Mr. Flora � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Church � ❑ ❑ cc: James R. Lavinder, Chief of Police Daniel R. O'Donnell, Assistant County Administrator Rebecca Owens, Director of Finance Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 28 2011 ORDINANCE 062811 -10 REPEALING THE PROFFERED CONDITIONS ON A 97.17 ACRE TRACT OF REAL ESTATE (MCDONALD FARM NOW VINTON BUSINESS CENTER) LOCATED AT THE 2100 BLOCK OF HARDY ROAD (TAX MAP NOS. 71.07 -3 -1 71.07 -3 -4 71.11 -1 -1 71.11- 1 -1.1, 71.11- 1 -1.2 71.07 -3 -3 71.07 -3 -2) AND ADOPTING AN AMENDED MASTER PLAN, VINTON MAGISTERIAL DISTRICT WHEREAS, on October 26, 1999, the Board of Supervisors adopted an ordinance changing the zoning classification of a 99.78 acre tract of real estate known as the McDonald Farm upon the application of the Town of Vinton and this action accepted a series of proffered conditions including "Protective Covenants, Conditions and Restrictions for the McDonald Farm"; and WHEREAS, on October 28, 2003, the Board adopted Ordinance 102803 -14, which amended these proffered conditions; and WHEREAS, the Planning Commission held a public hearing on this matter on June 7, 2011; and WHEREAS, the first reading of this ordinance was held on May 24, 2011, and the second reading and public hearing was held on June 28, 2011; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the proffered conditions on that certain tract of real estate containing 97.17 acres located at the 2100 block of Hardy Road (Tax Map Nos. 71.07 -3 -1, 71.07- 3-4, 71.11 -1 -1 71.11- 1 -1.1, 71.11- 1 -1.2 71.07 -3 -3 71.07 -3 -2), Vinton Magisterial District and which were accepted by ordinances adopted on October 26, 1999 and October 28, 2003, and including the "Protective Covenants, Conditions and Restrictions for the McDonald Farm" are hereby repealed. 2. That this action is taken upon the application of the Board of Supervisors of Roanoke County, the Town of Vinton, and Cardinal IG Company. Page 1 of 2 I - chat said real estate is a 97.17 acre tract previously known as the McDonald Farm and now known as the Vinton Business Center and further described as Tax Map Nos. 71.07 -3 -1, 71.07 -3 -4, 71.11 -1 -1, 71.11- 1 -1.1, 71.11- 1 -1.2, 71.07 -3 -3, 71.07 -3 -2. 4. That this ordinance shall be in full force and effect thirty days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The zoning administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by - this ordinance. On motion of Supervisor Altizer to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Altizer, Flora, Elswick, Church NAYS: None ABSENT: Supervisor Moore A COPY TESTE: Deborah C. Jacks Clerk to the Board of Supervisors cc: Arnold Covey, Director of Community Development Tarek Moneir, Deputy Director of Development Philip Thompson, Deputy Director of Planning William Driver, Director of Real Estate Valuation Paul Mahoney, County Attorney John Murphy, Zoning Administrator Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, JUNE 28 2011 ORDINANCE 062811 -11 REZONING 5.476 ACRES FROM AG -3, AGRICULTURAL /RURAL PRESERVE DISTRICT; C -2C, GENERAL COMMERCIAL DISTRICT WITH CONDITIONS; AND CAC, OFFICE DISTRICT WITH CONDITIONS TO AV, AGRICULTURALIVILLAGE CENTER DISTRICT AND AG -3 AGRICULTURAL /RURAL PRESERVE DISTRICT LOCATED AT 8364 BENT MOUNTAIN ROAD AND 8399 STRAWBERRY LANE, WINDSOR HILLS MAGISTERIAL DISTRICT (TAX MAP NOS. 94.00 -1 -57 AND 58), UPON THE APPLICATION OF CAROL LACHOWICZ OF L &H COMPANY AND JASON LACHOWICZ WHEREAS, the first reading of this ordinance was held on May 24, 2011, and the second reading and public hearing were held June 28, 2011; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on June 7, 2011; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing approximately 5.476 acres, as described herein, and located at 8364 Bent Mountain Road and 8399 Strawberry Lane (Tax Map Numbers 94.00 -1 -57 and 58) in the Windsor Hills Magisterial District, is hereby changed from the zoning classification of AG -3, Agricultural /Rural Preserve District; C -2C, General Commercial District with Conditions; and C -1 C, Office District with Conditions, to the zoning classification of AV, Agricultural/Village Center District and AG -3, Agricultural /Rural Preserve District. 2. That this action is taken upon the application of Carol Lachowicz of L &H Company and Jason Lachowicz. Page 1 of 3 3. That said real estate is more fully described as follows: Tax Map #94.00 -1 -57 — C -1 C bounded as follows: Beginning at an iron pin, corner to L &H Company property being the original southeasterly corner of the property formerly owned by John D. Blankenship, but now also owned by L &H Company, said point being located S 17° 54'27" W 588.65 feet from the southerly side of VA Sec. Rt. 221; thence with four new division lines through the property of L &H Company S 72° 05' 33" E 210.00 feet to a point; thence S 17° 54' 27" W 210.00 feet to the point of Beginning and containing 1.0 acre and being a portion of the property owned by L &H Company and being shown on a map by T. P. Parker & Son, dated October 31, 1980 and revised February 25, 1983. Tax Map #94.00 -1 -58 — C -2C bounded as follows: Beginning at an iron pin on the southeasterly side of VA Sec. Rt. 221 at the northwest corner of property owned by L &H Company, being also northeast corner of property formerly John W. Blankenship now also owned by L &H Company; thence with south side of VA Sec. Rt. 221 S 86° 57' 54" E 18.66 feet to a point; thence still with VA Sec. Rt. 221 S 83° 28' 30" E 89.37 feet to a point; thence with two new division lines through the property of L &H Company S 17° 54' 27" W 211.10 feet to a point; thence N 78° 12'45" W 106.25 feet to a point on the outside line of the original L &H Company property; thence with the said old line N 17° 54' 27" E 200.0 feet to the Beginning and containing 0.50 acres and being shown on map made by T. P. Parker & Son, dated October 21, 1980, revised January 9, 1984. 4.476 acres to be rezoned AV Beginning at corner #1 said point being the northeasterly corner of property of Jason T. and Karen J. Lachowicz (Instrument #200502264) said point also located on the southerly right -of -way of Bent Mountain Road (US Rt. 221) thence leaving Lachowicz and with Bent Mountain Road for the following 5 courses: thence N 77° 05' 50" E 225.90 feet to corner #2, thence with the curve to the right with said curve defined by delta angle of 16° 11' 11 ", radius of 334.26', and arc of 94.43', a chord of 94.12' and bearing N 85° 11'25" E to corner #3; thence S 17° 54' 27" W 6.64 feet to corner #4; thence S 86° 57' 54" E 18.66 feet to corner #5; thence S 83° 28' 30" E 89.37 feet to corner #6; thence S 70° 29' 22" E 91.86 fee to corner #7; thence leaving Bent Mountain Road and with a new division line through the property of L &H Company (DB 1174, pg. 178) S 35° 53' 10" W 639.74 feet to corner #37 said point located on the eastern boundary of Jason T. and Karen J. Lachowicz, thence leaving remaining property of L &H Company and with Lachowicz for the following two courses: thence N. 64° 27' 33" W 250.40 feet to corner #38, thence N 13° 21' 00" E 411.27 feet to corner #1, being the place of Beginning and containing 4.476 acres and being parcel "B1" as more particularly shown on plat prepared by Lumsden Associated dated March 30, 2011. 4. That this ordinance shall be in full force and effect thirty (30) days after its Page 2of3 final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Elswick to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Altizer, Flora, Elswick, Church NAYS: None ABSENT: Supervisor Moore A DOPY TESTE: Debor h D. Jac V Clerk to the Board of Supervisors cc: Arnold Covey, Director of Community Development Tarek Moneir, Deputy Director of Development Philip Thompson, Deputy Director of Planning William Driver, Director of Real Estate Valuation Paul Mahoney, County Attorney John Murphy, Zoning Administrator Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, JUNE 28 2011 ORDINANCE 062811 -15 AUTHORIZING THE GRANTING OF A FIFTEEN FOOT UTILITY EASEMENT TO APPALACHIAN POWER ON PROPERTY OWNED BY THE ROANOKE COUNTY BOARD OF SUPERVISORS (TAX MAP NO. 027.10-02-19.00) FOR THE PURPOSE OF AN UNDERGROUND ELECTRIC POWER LINE TO WALDROND PARK, HOLLINS MAGISTERIAL DISTRICT WHEREAS, Appalachian Power Company (AEP) requires a permanent utility easement for purpose of providing upgraded electrical service to Waldrond Park; and WHEREAS, granting this non - exclusive utility easement for an underground electric line is necessary for the operation of Waldrond Park; and WHEREAS, the proposed utility easement to Waldrond Park will serve the interests of the public and is necessary for the public health, safety and welfare of the citizens of Roanoke County. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on June 14, 2011, and a second reading and public hearing was held on June 28, 2011. 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the interest in real estate to be conveyed is hereby declared to be surplus, and is hereby made available for other public uses by conveyance to Appalachian Power Company for a non - exclusive utility easement. 3. That donation to Appalachian Power Company of a utility easement for purpose of an underground electric line, as shown on a plat titled "Proposed Right of Way on Property of Roanoke County Board of Supervisors ", drawing No. V -2142, prepared by Appalachian Power Company and dated May 5, 2011, is hereby authorized and approved. 4. That the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such documents and take such further actions as may be Page 1 of 2 necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Flora to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Altizer, Flora, Elswick, Church NAYS: None ABSENT: Supervisor Moore A COPY TESTS: Deborah C. Jacks Clerk to the Board of Supervisors cc: Arnold Covey, Director of Community Development Tarek Moneir, Deputy Director of Development Philip Thompson, Deputy Director of Planning Paul Mahoney, County Attorney Page 2of2 Proposed 15' Easement Area Roanoke County, Virginia T.D. 665000 Map Section 37800181C3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 28 2011 RESOLUTION 062811 -5.d TO APPROVE PARTICIPATION IN AND CONDITIONS OF THE VIRGINIA JUVENILE COMMUNITY CRIME CONTROL ACT (VJCCCA) GRANT FOR FISCAL YEAR 2011 -2012 AND TO ALLOW PARTICIPATION BY THE CITY OF SALEM WHEREAS, the County of Roanoke has participated in the Virginia Juvenile Community Crime Control Act (VJCCCA) program in the past allowing the Court Service Unit to provide direct services, treatment programs, substance abuse services and probation activities associated with the Juvenile Court; and WHEREAS, through the Life Skills Mentoring Program of Roanoke County's Court Services Unit, the grant funds have been administered to assist the court by providing counseling services, drug screens, intensive supervision, community service, restitution and other needed services, and WHEREAS, the Court Services Unit of the Juvenile Court serves the youth of both the County of Roanoke and the City of Salem, and WHEREAS, the Court Services Unit desires to provide services through the Life Skills Mentoring Program to serve the youth of both the County of Roanoke and the City of Salem utilizing the funding from the VJCCCA grant and other appropriate funds. Now, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County will participate in the Virginia Juvenile Community Crime Control Act for fiscal year 2011 -2012 and will accept said funds, appropriating them for the purpose set forth in this Act until it notifies the Department of Juvenile Justice, in writing, that it no longer wishes to participate in the program. BE IT FURTHER RESOLVED that the County Administrator orthe Assistant County Page 1 of 2 Administrator is hereby authorized to execute a local plan on behalf of the County of Roanoke and City of Salem, and BE IT FURTHER RESOLVED that the County of Roanoke will combine services and grant resources with the City of Salem, and the County, as operator of the Life Skills Mentoring Program, will serve as fiscal agent for these localities. On motion of supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Altizer, Flora, Elswick, Church NAYS: None ABSENT: supervisor Moore A COPY TESTE: Deborah C. Jacks/ Clerk to the Board of Supervisors cc: Daniel R. O'Donnell, Assistant County Administrator Rebecca Owens, Director of Finance Page 2of2 ACTION NO. A -062 811 -5 . e ITEM NO. K -6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 28, 2011 AGENDA ITEM: Request to appropriate $16,314.68 to the Clerk of the Circuit Court from the State for fiscal year 2010 -2011 SUBMITTED BY: Steven A. McGraw Clerk of Circuit Court APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Technology Trust Funds, representing fees collected by the Roanoke County Circuit Court Clerk's Office, have been received from the State in the amount of $16,314.68. These funds have been earmarked for the purpose of maintenance and redaction. These funds need to be appropriated to the Clerk of Circuit Court . FISCAL IMPACT: No fiscal impact- one hundred percent (100 %) state funds STAFF RECOMMENDATION: Staff recommends appropriating $16,314.68 to the Clerk of Circuit Court for fiscal year 2010-2011. Page 1 of 2 VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. cc: Steven A. McGraw, Clerk of Circuit Court Rebecca Owens, Director of Finance Page 2 of 2 Yes No Absent Ms. Moore ❑ ❑ � Mr. Altizer � ❑ ❑ Mr. Flora � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Church � ❑ ❑ cc: Steven A. McGraw, Clerk of Circuit Court Rebecca Owens, Director of Finance Page 2 of 2 AT REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 2H, 2011 RESOLUTION 052511-5.f APPROVING THE REVISED FLEXIBLE BENEFITS PLAN DOCUMENT FOR ROANOKE COUNTY EFFECTIVE JULY 1 2011 WHEREAS, the County of Roanoke desires to revise the flexible benefits plan document for Roanoke County effective July 1, 2011. NOW THEREFORE, BE IT RESOLVED, BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows: 1. That the revisions to the Flexible Benefits Plan Document reflect changes in the laws that govern cafeteria plans and in our current practices are approved effective July 1, 2011. 2. That the County Administrator or designee is authorized to take such actions that are deemed necessary and proper in order to implement the Plan, and to set up adequate accounting and administrative procedures to provide benefits under the Plan. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Altizer, Flora, Elswick, Church NAYS: None ABSENT: Supervisor Moore A COPY TEs - rE: Deborah C. Jacky (� Clerk to the Board of Supervisors cc: Anita Hassell, Assistant Director of Human Resources AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 28 2011 RESOLUTION 062811 -5.g REQUESTING CHANGES IN THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM OF STATE HIGHWAYS, ROUTE 766, STABLE ROAD, CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, the street(s) described on the attached VDOT Form AM -4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County; and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements; and WHEREAS, Wal -Mart Real Estate Business Trust, the developers of the Clearbrook Wal -Mart, request a resolution from the Roanoke County Board of Supervisors to abandon old road facilities, and subsequently add newly constructed road facilities. NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation abandon, and subsequently add, the facilities described on the attached Form AM -4.3 to the secondary system of state highways, pursuant to §33.1 -155, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution. BE IT FURTHER RESOLVED, the Virginia Department of Transportation guarantees a clear and unrestricted right -of -way, as described, and any necessary easements for cuts, fills and drainage. Page 1 of 2 BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Altizer, Flora, Elswick, Church NAYS: None ABSENT: Supervisor Moore A COPY TESTE: Deborah C. Jacky Clerk to the Board o upervisors cc: Arnold Covey, Director of community Development Brian Epperly, Transportation Engineer Virginia Department of Transportation I hereby certify that the foregoing is a true and correct copy of Resolution 052811 -5.g adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, June 28, 2011 Clerk to the Board o Page 2of2 In the County of Roanoke ---------- ------ ------- --------- --- --- ------ -- --- --- - ..----.------.....-...----------...--.....---------- By resolution of the governing body adopted June 28, 2011 The following VDOT Form AM-4.3 is hereby attached and incor rated as part of the governing body's resolution for changes in the secondary system of state highways. _ .% A Copy Testee Signed (County offrcia Le Report of Changes in the Secondary System of State Highways Project/Subdivision Clearbrook Walmart Type Change to the Secondary System of State Highways: Abandonment The following facilities of the Secondary System of State Highways are hereby ordered abandoned, pursuant to the Statutory authority cited: Reason for Change: Developer Project - Section 33.1 -155 Pursuant to Code of Virginia Statute: §33.1 -155 Street Name and/or Route Number Clearbrook Village Lane, State Route Number 675 Old Route Number: 675 • From: 0.10 mi E Intersection at Route 220 To: 0.14 mi E Intersection at Route 220, a distance of: 0.04 miles. Street Name and/or Route Number Stable Road, State Route Number 766 Old Route Number: 766 • From: Intersection at Rte. 220 N To: 0.16 mi N on Rte. 766, a distance of: 0.16 miles. St reet r Route Number Clearbrook Lane, State Route Number 674 Old Route Number: 674 • From: 0.46 mi. N intersection Rte 220 To: 0.50 mi. N intersection Rte 220, a distance of: 0.04 miles. Street Name and/or Route Number Clearbrook Lane, State Route Number 674 Old Route Number: 674 • From: 0.50 mi. N intersection rte 220 To: 0.67 mi. N intersection rte 220, a distance of: 0.17 miles. VDQT Form AM -4.3 (4 Maintenance DiN iwiatl Date of Resolution: June 28, 2011 Page 1 of 2 Report of Changes in the Secondary System of State Highways Project/Subdivision Clearbrook Walmart Type Change to the Secondary System of State Highways: Addition The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Reason for Change: Developer relocated VDOT roadway Pursuant to Code of Virginia Statute: §33.1 -229 Street Name and/or Route Number Clearbrook Lane, State Route Number 674 Old Route Number: 674 • From: 0.46 mi N Intersection Rte 220 To: 0.50 mi N Intersection Rte 220, a distance of: 0.04 miles. Recordation Reference: NIA Right of Way width (feet) = 40 ft plus r Name R m r Stable Road, State Route Number 766 Old Route Number: 766 • From: Intersection at Route 220 To: 0.10 mi E, a distance of: 0.10 miles. Recordation Reference: NIA Right of Way width (feet) = 50 & gar Strept Name and/or Route Numbe clearbrook Village Lane, State Route Number 675 Old Route Number: 675 • From: 0.10 mi E int. Rte 220 To: 0.13 mi E int. Rte 220, a distance of: 0.03 miles. Recordation Reference: NIA Right of Way width (feet) = 90 ft plus VDOT Foml AM-4,3 (4!20,'007) Maintenance D 1-IN1011 Date of Resolution: Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 28 2011 RESOLUTION 062811 -5.h REQUESTING CHANGES IN THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM OF STATE HIGHWAYS, ROUTE 674, CLEARBROOK LANE, CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, the street(s) described on the attached VDOT Form AM -4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County; and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements; and WHEREAS, Wal -Mart Real Estate Business Trust, the developers of the Clearbrook Wal -Mart, request a resolution from the Roanoke County Board of Supervisors to abandon old road facilities, and subsequently add newly constructed road facilities. NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation abandon, and subsequently add, the facilities described on the attached Form AM -4.3 to the secondary system of state highways, pursuant to §33.1 -155, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution. BE IT FURTHER RESOLVED, the Virginia Department of Transportation guarantees a clear and unrestricted right -of -way, as described, and any necessary easements for cuts, fills and drainage. Page 1 of 2 BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to - the Residency Administrator for the Virginia Department of Transportation. On motion of supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Altizer, Flora, Elswick, Church NAYS: None ABSENT: Supervisor Moore A COPY TESTE: Deborah C. Jacks Clerk to the Board of Supervisors cc: Arnold Covey, Director of Community Development Brian Epperly, Transportation Engineer Virginia Department of Transportation hereby certify that the foregoing is a true and correct copy of Resolution 062811 -5.h adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, June 28, 2011 Deborah C. Jacks Clerk to the Board of Supervisors Page 2of2 In the County of Roanoke - • • - - - - • • - - - . . . . . . . _ _ ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . - - - mm - - - - -mm - - - - - - - - - - _ - _ - - - - - - - - - - - - - - - - - - - - - By resolution of the governing body adopted June 28, 2011 The following MOT Form AM -4.3 is hereby attached and incor,�rated as part of the governing body's resolution for changes in the secondary system of state highways. A Copy Testee Signed (County aff ei L( k i Report of Changes in the Secondary System of ate Highways Project/Subdivision Clearbrook Walmart Type Change to the Secondary System of State Highways: Abandonment The following facilities of the Secondary System of State Highways are hereby ordered abandoned, pursuant to the statutory authority cited: Reason for Change: Developer Project - Section 33.1 -155 Pursuant to Code of Virginia Statute: §33.1 -155 Street Name and/or Route Number Clearbrook Village Lane, State Route Number 675 Old Route Number: 675 ■ From: 0.10 mi E Intersection at Route 220 To: 0.14 mi E Intersection at Route 220, a distance of: 0.04 miles. Street Name and/or Route Number Stable Road, State Route Number 766 Old Route Number: 766 ■ From: Intersection at Rte. 220 N To: 0.16 mi N on Rte. 766, a distance of: 0.16 miles. Street Name and /or Route N�aber 4 Clearbrook Lane, State Route Number 674 Old Route Number: 674 ■ From: 0.46 mi. N intersection Rte 220 To. 0.50 mi. N intersection Rte 220, a distance of: 0.04 miles. Street Name and/or Route Number Clearbrook Lane, State Route Number 674 Old Route Number: 674 ■ From: 0.50 mi. N intersection rte 220 To: 0.67 mi. N intersection rte 220, a distance of: 0.17 miles. VDOT Fomi AM -43 0!20i2007) Maintenance Division Date of Resolution: June 28, 2011 Page 1 of 2 Report of Changes in the Secondary System of State Highways Project/Subdivision Clearbrook Walmart Type Change to the Secondary System of State Highways: Addition The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Reason for Change: Developer relocated VDOT roadway Pursuant to Code of Virginia Statute: §33.1-229 5treet Name and /or Route Nulmber Clearbrook Lane, State Route Number 674 Old Route Number: 674 • From: 0.46 mi N Intersection Rte 220 To: 0.50 mi N Intersection Rte 220, a distance of: 0.04 miles. Recordation Reference: NIA Right of Way width (feet) = 40 ft plus Street Name and/or Route Number Stable Road, State Route Number 766 Old Route Number: 766 • From: Intersection at Route 220 To: 0.10 mi E, a distance of: 0.10 miles. Recordation Reference: NIA Right of Way width (feet) = 50 & var Street Name and/or Route Numbe Clearbrook Village Lane, State Route Number 675 Old Route Number: 675 • From: 0.10 mi E int. Rte 220 To: 0.13 mi E int. Rte 220, a distance of: 0.03 miles. Recordation Reference: NIA Right of Way width (feet) = 90 ft plus VDOT Fomi ANI -4.3 (4 Maintcnancc DO Nion Date of Resolution: Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 28 2011 RESOLUTION 062811 -5.i REQUESTING CHANGES IN THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM OF STATE HIGHWAYS, ROUTE 675, CLEARBROOK VILLAGE LANE, CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, the street(s) described on the attached VDOT Form AM -4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County; and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements; and WHEREAS, Wal -Mart Real Estate Business Trust, the developers of the Clearbrook Wal -Mart, request a resolution from the Roanoke County Board of Supervisors to abandon old road facilities, and subsequently add newly constructed road facilities. NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation abandon, and subsequently add, the facilities described on the attached Form AM -4.3 to the secondary system of state highways, pursuant to §33.1 -155, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution. BE IT FURTHER RESOLVED, the Virginia Department of Transportation guarantees a clear and unrestricted right -of -way, as described, and any necessary easements for cuts, fills and drainage. Page 1 of 2 BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Altizer, Flora, Elswick, Church NAYS: None ABSENT: Supervisor Moore A COPY TESTE: Ile Deb rah C. Jacks Clerk to the Board of Supervisors cc: Arnold Covey, Director of Community Development Brian Epperly, Transportation Engineer Virginia Department of Transportation hereby certify that the foregoing is a true and correct copy of Resolution 062811-5.h adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, June 28, 2011 1; — 4 4 Deborah C. Jacks (,/ Clerk to the Board of Supervisors Page 2 of 2 In - the County Roanoke . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . By resolution of the governing body adopted June 28, 2011 The following MOT Form AM- -4.3 is hereby attached and inco7-1 rated as part of the governing body's resolution for changes in the secondary system of state highways. r , A Copy Testee Signed (County Offic Lei Report of Changes in the Secondary System of ate Highways Project/Subdivision Clearbrook Walmart Type Change to the Secondary System of State Highways: Abandonment The following facilities of the Secondary System of State Highways are hereby ordered abandoned, pursuant to the statutory authority cited: Reason for Change: Developer Project - Section 33.1 -155 Pursuant to Code of Virginia Statute: §33.1 -155 Stregt Name and/or R m r Clearbrook Village Lane, State Route Number 675 Old Route Number: 675 ■ From: 6.16 mi E Intersection at Route 226 To: 6.14 mi E Intersection at Route 226, a distance of: 6.64 miles. Street Name and/or Route Number Stable Road, State Route Number 766 Old Route Number: 766 • From: Intersection at Rte. 226 N To: 6.16 mi N on Rte. 766, a distance of: 6.16 miles. Street N r Route Number Clearbrook Lane, State Route Number 674 Old Route Number: 674 From: 6.46 mi. N intersection Rte 226 To: 0.50 mi. N intersection Rte 226, a distance of: 6.04 miles. Street Name and /or Royte Number Clearbrook Lane, State Route Number 674 Old Route Number. 674 • From: 6.56 mi. N intersection rte 226 To: 6.67 mi. N intersection rte 220, a distance of: 6.17 miles. VDOT Fomi AM -4.3 (4 klafflwnancc DIN - Islol7 Date of Resolution: June 28, 2011 Page I of 2 Report of Changes in the Secondary System of State Highways Project/Subdivision Clearbrook Walmart Type Change to the Secondary System of State Highways: Addition The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Reason for Change: Pursuant to Code of Virginia Statute: Developer relocated VDOT roadway §33.1 -229 Street Name andlor Route Number Clearbrook Lane, State Route Number 674 Old Route Number: 674 s From: 0.46 mi N Intersection Rte 220 To: 0.50 mi N Intersection Rte 220, a distance of: 0.04 miles. Recordation Reference: N/A Right of Way width (feet) = 40 ft plus get Name n� dlor Route Number 4 Stable Road, State Route Number 766 Old Route Number: 766 • From: Intersection at Route 220 To: 0.10 mi E, a distance of: 0.10 miles. Recordation Reference: NIA Right of Way width (feet) = 50 & gar Clearbrook Village Lane, State Route Number 675 Old Route Number: 675 • From: 0.10 mi E int. Rte 220 To: 0.13 mi E int. Rte 220, a distance of: 0.03 miles. Recordation Reference: N/A Right of Way width (feet) = 90 ft plus VDOT Fnmi AM -4.3 (4/20.2007) Maintenance Di.1tiiolt Date of Resolution: Page 2 of 2 ACTION NO. A -062 811 - ITEM NO. K -9 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 28, 2011 AGENDA ITEM: Request to authorize amendments to Deferred Compensation Section 457 Plan SUBMITTED BY: Rebecca Owens Director Finance APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Since the early 1980's the County has offered a Deferred Compensation Plan to employees. All full -time employees are eligible to participate in the County's deferred compensation plan. Employers are required to maintain a "Plan Document" that explains how the plan will be administered. The Deferred Compensation Plan is administered by Nationwide Retirement Solutions. The plan document was amended by the Board of Supervisors April 9, 2002, to incorporate changes mandated by Federal legislation including modifications to facilitate greater ease on behalf of employees to plan for and fund retirement. Nationwide Retirement Solutions has updated our "Plan Document" to incorporate recent legislative and regulatory changes into the plan which include rule changes that affect administrative procedures, beneficiary rule changes, and language that addresses participants who are involved with military service. A copy of the Plan Document is included in your agenda packet (Attachment A). The proposed amendments stem from the Pension Protection Act (PPA) of 2006. "Final Regulations under Section 415" of the Internal Revenue Code from April of 2007, HEART Act of 2008 (Heroes Earnings Assistance and Relief Tax), and the Worker, Retiree and Employer Recovery Act of 2008. Government regulations require that employers under this plan incorporate the required changes no later than December 31, 2011. An overview Page 1 of 2 of the proposed substantive revisions to the plan documents are outlined in Attachment B. Currently participants of the deferred compensation plan have access to Nationwide ProAccount. ProAccount is currently available through our plan and is a discretionary managed account service for deferred compensation plan participants who desire professional guidance in managing their self- directed deferred compensation plan accounts. ProAccount offers individualized investment advice using an investment process developed and maintained by an independent financial expert. Plan participants that elect this service are subject to a maximum annual fee of up to one percent (1.00 %) of their ProAccount assets. ProAccount is offered by Nationwide Investment Advisors, LLC an investment advisor registered with the Securities and Exchange Commission. Attachment C is the ProAccount Plan Sponsor Agreement which outlines the terms of the agreement. FISCAL IMPACT: None STAFF RECOMMENDATION: Staff recommends authorizing the County Administrator and /or other trustees of the plan to sign the plan sponsor signature page authorizing the amendments to the deferred compensation plan document and agreeing to the terms of the Nationwide ProAccount Plan Sponsor Agreement (Attachment D). VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. cc: Rebecca Owens, Director of Finance Page 2 of 2 Yes No Absent Ms. Moore ❑ ❑ � Mr. Altizer � ❑ ❑ Mr. Flora � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Church � ❑ ❑ cc: Rebecca Owens, Director of Finance Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 28 2011 ORDINANCE 062811 -6 AMENDING CHAPTER 4. "AMUSEMENTS ", SECTION 4 -4. "DEFINITIONS ", SECTION 4 -11. "SECURITY" AND SECTION 4 -13. "ENTRY AND INSPECTIONS; ENFORCEMENT; PENALTIES" OF THE ROANOKE COUNTY CODE TO PROVIDE FOR SECURITY, INSPECTION AND PENALTIES FOR THE FAILURE TO MAINTAIN PRIVATE SWIMMING POOLS WHEREAS, Section 15.2 -1200 of the Code of Virginia authorizes any county to adopt such measures as it deems expedient to secure and promote the health, safety and general welfare of its inhabitants; and WHEREAS, such power shall include the adoption of quarantine regulations, the adoption of necessary regulations to prevent the spread of contagious diseases, and the "adoption of regulations for the prevention of the pollution of water which is dangerous to the health or lives of persons residing in the county "; and WHEREAS, the Board of Supervisors has adopted ordinances (Ord. Nos. 62894- 18 52395 -9 040996 -3) to regulate the operation of public swimming pools in Roanoke County; and WHEREAS, the operation of certain private swimming pools in Roanoke County have threatened the public health, safety, and welfare of neighboring citizens as a result of a failure to maintain these private swimming pools; and WHEREAS, the first reading of this ordinance was held on May 10, 2011, and the second reading was held on June 28, 2011. NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County as follows: Page 1 of 4 1. That Article I. "In General" of Chapter 4. "Amusements" of the Roanoke County Code is amended and reenacted as follows: Sec. 4 -4. - Definitions. For the purposes of this article, the following words and phrases shall have the meanings ascribed to them by this section, unless otherwise indicated to the contrary: Agent shall mean a legally authorized representative of the owner. Disinfectant shall mean the chemical that disinfects by inhibiting, neutralizing, or destroying the growth of harmful microorganisms. Free residual disinfectant shall mean the amount of measurable chlorine and bromine remaining in the water following disinfection. Health director shall mean the health director of the Roanoke County- Vinton Health Department, or his authorized representative. Lifeguard shall mean an individual who is currently certified as a lifeguard in accordance with the standards as recommended by the American Red Cross or other accredited agency recognized by the health director, or qualified by a reputable water safety organization. Operator shall mean the individual who is currently a certified pool operator in accordance with the standards as recommended by the National Swimming Pool Foundation, the National Recreation and Park Association, or other accredited agency recognized by the health director; Owner shall mean any person who owns, leases or has signed a contract to own or lease a public swimming pool. Public swimming pool shall mean any swimming pool, other than a private residential swimming pool, intended to be used collectively by numbers of persons for swimming or bathing and operated by any person, whether as owner, lessee, operator or concessionaire, for which any fee or consideration is charged directly or indirectly for such use. The term "public swimming pool" includes, but is not limited to, tourist establishment pools, pools owned or operated by hotels and motels, condominium, private club, apartment, or any association of persons. The term "public swimming pool" shall not include single occupant tubs and showers used exclusively for therapeutic purposes nor spas or hot tubs regulated by Article VI of this chapter. Swimmer capacity or load shall mean the maximum number of persons permitted in the pool at a given time, to be determined by dividing the total square footage of swimming pool water surface area by 27. Swimming pool shall mean any structure, basin chamber, or tank, located either indoors or outdoors, including public and private residential swimming pools, containing an artificial body of water intended to be used for swimming, diving or recreational bathing, and having a water depth of twenty -four (24) inches or more at any point Sec. 4 -11. - Security. Swimming pools shall be maintained in a manner which will not create a nuisance or hazard to the public safety and well- being, and the pool area shall be adequately secured against unauthorized entry by the public in general. The impounded Page 2 of 4 water shall, at all times, be treated in a manner which will prevent the growth of algae and the breeding of mosquitoes or other vermin Sec. 4 -13. - Entry and inspections; enforcement; penalties. (a) In accordance with the provisions of section 32.1 -25 of the Code of Virginia, 1950, as amended, the health director or his designee shall have the right to enter any property to conduct inspections and to ensure compliance with this article. All public swimming pools in the county may commence operations each year only after being inspected by the health director or his designee and receiving a permit from the director and after complying with all licensing requirements of the commissioner of the revenue. The health director is authorized to require each owner to complete and submit an annual application, all in such form as the director shall approve. Each application shall be accompanied by a fee in the amount of fifty dollars ($50.00) to partially reimburse the county for the cost of this inspection. (b) When the health director finds that the provisions of this article are not met or that any condition exists that endangers the life, health or safety of the users of any public swimming pool, he may order the facility closed until the condition is corrected. When the health director finds that any provisions of this chapter are not met, he shall give written notice to the owner of the specific sections of this Code which are being violated and afford the owner an opportunity to respond to such notice. Failure of any owner to respond to the health director's notice either in writing or in person, within ten calendar days, shall be considered an admission of fact as to the existence of the violations set forth in the notice of violation. Upon the occurrence of any violation of this chapter, which does not threaten the life, health or safety of any user of the pool, the health director shall have the authority to develop reasonable steps for the correction of any violations in consultation with pool owner. Continued failure to comply with these regulations shall be cause for revocation of any permit or business license issued, as required in subsection (a). Any person aggrieved by the refusal of the health director to grant, or by the revocation or suspension of, a permit or license shall have the right to appeal therefrom to the circuit court of the county within thirty (30) days of such refusal, revocation or suspension. (c) Any owner, agent or operator in charge of or control of any public swimming pool which is in violation of the provisions of sections 4 -4 through 4 -12 shall be guilty of a Class 4 misdemeanor. Any owner, agent or operator who shall operate a public swimming pool without a license or permit shall be guilty of a Class 1 misdemeanor. Each day of operation of such pool without a valid license or permit shall constitute a separate offense. (d) The health director shall utilize the inspection process to develop recommendations designed to promote safety and health in swimming which are responsive to the unique needs and situations of each pool. (e) Any owner of a private residential swimming pool who is in violation of Section 4 -11 shall be guilty of a Class 4 misdemeanor. In addition to any criminal penalty the County Administrator or his designee shall be authorized to take such remedial actions as may be necessary to protect the public health, safety or welfare, and the cost of such remedial actions shall be assessed against the property owner, a Page 3 of 4 lien for such costs shall be placed against the real estate, and collected as real estate taxes. 2. That this ordinance shall be in full force and effect from and after its adoption. On motion of Supervisor Flora to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Altizer, Flora, Elswick, Church NAYS: None ABSENT: Supervisor Moore A COPY TES - rE: cc: Paul M. Mahoney, County Attorney Page 4 of 4 IL a Clerk to the Board of Supervisors AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 28, 2011 RESOLUTION 062811-7 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. On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors, Altizer, Flora, Elswick, Church NAYS: None ABSENT: Supervisor Moore A rY TE STE : Deborah C. Jacks Clerk to the Board kscupervisors AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 28 2011 ORDINANCE 062811 -9 GRANTING A SPECIAL USE PERMIT TO CONSTRUCT A 120' SELF - SUPPORTING LATTICE TOWER TO REPLACE AN EXISTING 85' GUYED TOWER ON A 27 ACRE PARCEL LOCATED ATOP POOR MOUNTAIN OFF HONEYSUCKLE ROAD (TAX MAP NO. 102.00- 1 -1.1), WINDSOR HILLS MAGISTERIAL DISTRICT, UPON THE PETITION OF THE NATIONAL PARK SERVICE — BLUE RIDGE PARKWAY WHEREAS, the National Park Service — Blue Ridge Parkway has filed a petition for a special use permit to construct a 120' self - supporting lattice tower to replace an existing 85' guyed tower on a 27 acre parcel located atop Poor Mountain off Honeysuckle Road (Tax Map No. 102.00- 1 -1.1) in the Windsor Hills Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on June 7, 2011; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on May 24, 2011; the second reading and public hearing on this matter was held on June 28, 2011. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to the National Park Service — Blue Ridge Parkway to construct a 120' self - supporting lattice tower to replace an existing 85' guyed tower on a 27 acre parcel located atop Poor Mountain off Honeysuckle Road (Tax Map No. 102.00- 1 -1.1) is substantially in accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Page 1 of 3 Section 15.2-2232 of the 1950 Code of Virginia, as amended, and that it shall have a minimum adverse impact on the surrounding neighborhood or community, and said special use permit is hereby approved with the following conditions: a) The proposed development shall be in general conformance with the concept plan prepared by the United States Department of the Interior dated January 25, 20 1 1 . b) The proposed tower shall not exceed a total height of 120'. c) The existing 85' tower and supporting structures shall be removed and properly disposed of from the site by January 1, 2012. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The provisions of this special use permit are not severable. Invalidation of any word, phrase, clause, sentence or paragraph shall invalidate the remainder. The Zoning Administrator is directed to amend the Zoning district map to reflect the change in Zoning classification authorized by this ordinance. On motion of Supervisor Elswick to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Altizer, Flora, Elswick, Church NAYS: None ABSENT: Supervisor Moore A COPY TESTE: Deborah C. Jacks Clerk to the Board of Supervisors cc: Arnold Covey, Director of Community Development Page 2 of 3 Tarek Moneir, Deputy Director of Development Philip Thompson, Deputy Director of Planning William Driver, Director of Real Estate Valuation Paul Mahoney, County Attorney John Murphy, Zoning Administrator Page 3of3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 28 2011 ORDINANCE 062811 -12 AUTHORIZING THE PURCHASE OF APPROXIMATELY 1.24 ACRES OF REAL ESTATE (TAX MAP NOS. 60.16 -8 -3 AND 4) FROM TAZ WADE, INC. FOR LIBRARY PURPOSES IN THE VINTON MAGISTERIAL DISTRICT AND APPROPRIATING $415,000 FROM THE MAJOR CAPITAL FUND WHEREAS, on June 14, 2011, Roanoke County entered into a contract of sale, subject to approval by the Board of Supervisors, with Taz Wade, Inc. for the purchase of approximately1.24 acres of real estate for the purchase price of $415,000 in the Vinton Magisterial District for library purposes; and WHEREAS, the County now wishes to approve and ratify the execution of said contract and purchase this real estate; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance was held on June 14, 2011, and the second reading was held on June 28, 2011; and NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the contract of sale dated June 14, 2011, for the acquisition of approximately 1.24 acres of real estate (Tax Map Nos. 60.16 -8 -3 and 4) for the sum of $415,000 is hereby approved and ratified and further that the acquisition of said real estate is hereby authorized and approved. Page 1 of 2 2. That the sum of $415,000 is available in the Major Capital Fund to pay all of the costs of this acquisition, and is hereby appropriated for this purpose. This amount is for the purchase price of this real estate. 3. That the Town of Vinton will reimburse the County $207,500 (one -half of the purchase price) over the next ten (10) years. As this money is received by the County it will be appropriated to an account for expenses related to the design, demolition and construction of the new Vinton library. 4. That the County Administrator or Assistant County Administrator are hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this real estate, all of which shall be approved as to form by the County Attorney. On motion of Supervisor Altizer to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Altizer, Flora, Elswick, Church NAYS: None ABSENT: Supervisor Moore A COPY TESTS: 7 t'. t Le!Tz Deborah C. Jack Clerk to the Board of upervisors cc: Paul M. Mahoney, county Attorney B. Clayton Goodman III, county Administrator Rebecca Owens, Director of Finance Page 2of2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 28 2011 ORDINANCE 062811 -13 AUTHORIZING THE PURCHASE OF APPROXIMATELY 0.761 ACRE OF REAL ESTATE (TAX MAP NOS. 60.16 -8 -1 AND 2) FROM B. WAYNE DUNMAN AND REBECCA J. DUNMAN FOR LIBRARY PURPOSES IN THE VINTON MAGISTERIAL DISTRICT AND APPROPRIATING $863,300 FROM THE MINOR CAPITAL RESERVE WHEREAS, on June 8, 2011, Roanoke County entered into a contract of sale, subject to approval by the Board of Supervisors, with B. Wayne Dunman and Rebecca J. Dunman for the purchase of approximately 0.761 acre of real estate for the purchase price of $840,000 in the Vinton Magisterial District for library purposes; and WHEREAS, the County now wishes to approve and ratify the execution of said contract and purchase this real estate; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance was held on June 14, 2011, and the second reading was held on June 28, 2011; and NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the contract of sale dated June 8, 2011, for the acquisition of approximately 0.761 acre of real estate (Tax Map Nos. 60.16 -8 -1 and 2) for the sum of $840,000 is hereby approved and ratified and further that the acquisition of said real estate is hereby authorized and approved. 2. That the sum of $863,300 is available in the Minor Capital Reserve to pay all of the costs of this acquisition, and is hereby appropriated for this purpose. This Page 1 of 2 amount is for the purchase price of this real estate and for the various closing costs to complete this transaction, and due diligence expenses prior to purchase. 3. That the Town of Vinton will reimburse the County $420,000 (one -half of the purchase price) over the next ten (10) years. As this money is received by the County, it will be appropriated to an account for expenses related to the design, demolition and construction of the new Vinton library. 4. That the County Administrator or Assistant County Administrator are hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this real estate, all of which shall be approved as to form by the County Attorney. On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Altizer, Flora, Elswick, church NAYS: None ABSENT: Supervisor Moore A COPY TESTS: Dek3erah C. Jacks V Clerk to the Board of Supervisors cc: Paul M. Mahoney, County Attorney B. Clayton Goodman III, County Administrator Rebecca Owens, Director of Finance Page 2of2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 28 2011 ORDINANCE 062811 -14 AUTHORIZING THE LEASE TO B. WAYNE DUNMAN AND REBECCA J. DUNMAN T/A DUNMAN FLORAL SUPPLY, INC. FOR ONE YEAR (PLUS OPTION TO EXTEND FOR TWO ONE -YEAR PERIODS) OF COMMERCIAL PROPERTY LOCATED AT 304 POLLARD STREET, VI NTON, VIRGINIA WHEREAS, Roanoke County is planning for the construction of a new Vinton branch library, and to implement this plan the County is acquiring approximately two (2) acres of real estate located at 304 Pollard Street, Vinton, Virginia; and WHEREAS, the construction of this new Vinton branch library is subject to future appropriations by a Board of Supervisors, and that this construction may not occur until 2018; and WHEREAS, the Board has determined that it is in the best interests of the County to lease this property to B. Wayne Dunman and Rebecca J. Dunman t/a Dunman Floral Supply, Inc. for a period of time until the demolition of the existing structure and construction of a new branch library will occur; and BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading concerning the disposition of the herein - described real estate was held on June 14, 2011; the second reading and public hearing was held on June 28, 2011; and 2. That this property to be leased consists of portions of a building consisting of approximately 26,805 square feet and the adjoining parking area and is located at 304 Pollard Street, Vinton, Virginia; and 3. That it is in the County's best interests to lease this property to B. Wayne Dunman and Rebecca J. Dunman t/a Dunman Floral Supply Inc. for one year with two additional one -year lease terms. This lease is subject to the provisions of Section 2.03 and 18.04 of the Roanoke County Charter. The annual rental for this property is Forty- five Thousand Dollars ($45,000); and Page 1 of 2 3. That the rental income will be appropriated to an account for expenses related to the design, demolition and construction of the new Vinton 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. On motion of Supervisor Altizer to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Altizer, Flora, Elswick, Church NAYS: None ABSENT: Supervisor Moore A COPY TESTE: Deborah C. Jacks Clerk to the Board of Supervisors cc: Paul M. Mahoney, County Attorney B. Clayton Goodman III, County Administrator Rebecca Owens, Director of Finance Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 28 2011 ORDINANCE 062811 -8 GRANTING A SPECIAL USE PERMIT TO ACQUIRE A MULTIPLE DOG PERMIT FOR FOUR DOGS ON A 2.27 ACRE PARCEL LOCATED AT 2929 ELDERWOOD ROAD (TAX MAP NO. 44.03- 5 -8.1) CATAWBA MAGISTERIAL DISTRICT, UPON THE PETITION OF SANDRA FINCK WHEREAS, Sandra Finck has filed a petition for a special use permit to acquire a multiple dog permit for four dogs on a 2.27 acre parcel located at 2929 Elderwood Road (Tax Map No. 44.03- 5 -8.1) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on June 7, 2011; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on May 24, 2011; the second reading and public hearing on this matter was held on June 28, 2011. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to Sandra Finck to acquire a multiple dog permit for four dogs on a 2.27 acre parcel located at 2929 Elderwood Road in the Catawba Magisterial District is substantially in accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2 -2232 of the 1950 Code of Virginia, as amended, and that it shall have a minimum adverse impact on the surrounding neighborhood or community, and said special use permit is hereby approved with the following condition: a) The Multiple Dog Permit shall be for a maximum of four dogs. Page 1 of 2 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The provisions of this special use permit are not severable. Invalidation of any word, phrase, clause, sentence or paragraph shall invalidate the remainder. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Altizer, Flora, Elswick, Church NAYS: None ABSENT: Supervisor Moore A COPY TESTE: Deborah C. Jacks Clerk to the Board of Supervisors cc: Arnold Covey, Director of Community Development Tarek Moneir, Deputy Director of Development Philip Thompson, Deputy Director of Planning William Driver, Director of Real Estate Valuation Paul Mahoney, County Attorney John Murphy, Zoning Administrator Page 2 of 2