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9/13/2011 - Regular
1 1 - 1" ", z 1c e �' Ly Ift %17 M Z ON Roanoke County Board of Supervisors Agenda September 13, 2011 PLEASE NOTE: TODAY'S AFTERNOON SESSION WILL BEGIN AT 2:00 P.M. AND AN EVENING SESSION HAS BEEN SCHEDULED FOR 7:00 P.M. Good afternoon and welcome to our meeting for September 13, 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 (2:00 p.m.) 1. Roll Call 2. Invocation: Executive Pastor Hal Worrell Church of the Holy Spirit 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Recognition of Roanoke County receiving the Virginia Association of Counties (VACo) 2011 Achievement Award for Communications (Teresa Hamilton Hall, Director of Public Information) 2. Proclamation declaring the month of September 2011 as the eighth (g ") annual National Preparedness Month in the County of Roanoke (Bill Hunter, Assistant Director of Communications and Information Technology) Page 1 of 5 D. NEW BUSINESS 1. Resolution expressing support for the Roanoke Valley /Blue Ridge Parkway Trail Plan Environmental Assessment with modifications and authorizing the submittal of this resolution to the National Park Service (Lindsay Blankenship, Greenway Planner) 2. Resolution approving Public Access Trail Agreement with Hollins University — portion of the Tinker Creek Greenway (1 -81 to Carvins Cove), Hollins Magisterial District (Pete Haislip, Director of Parks, Recreation and Tourism; Lindsay Blankenship, Greenway Planner) 3. Request to appropriate $17,225 to repair the retaining wall at the Vinton Library (Diane D. Hyatt, Assistant County Administrator) E. FIRST READING OF ORDINANCES 1. Bent Mountain Elementary School lease (B. Clayton Goodman III, County Administrator) 2. Proposed lease with Bent Mountain Center Nonprofit Group (B. Clayton Goodman III, County Administrator) 3. Ordinance amending Section 23 -3.4. "Stormwater management facility maintenance agreements" of Chapter 23. "Stormwater Management" of the Roanoke County Code (Paul M. Mahoney, County Attorney) 4. Ordinance amending Section 5 -33. "Disposal of dead companion animal" of Chapter 5. "Animals and Fowl" of the Roanoke County Code (Paul M. Mahoney, County Attorney) 5. Ordinance amending Section 21 -73. "General Prerequisites to Grant" of Chapter 21. "Taxation" of the Roanoke County Code (Paul M. Mahoney, County Attorney) 6. Ordinance authorizing the granting of a ten (10) foot utility easement to Verizon Virginia Inc. on property owned by the Roanoke County Board of Supervisors (Tax Map No. 097.05 -01- 26.00) for the purpose of an underground communication system to the new South County Library, Cave Spring Magisterial District (Joseph B. Obenshain, Senior Assistant County Attorney) Page 2 of 5 F. PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. Ordinance to accept the conveyance of thirteen (13) parcels of unimproved real estate for the extension of Alcoa Road to the Board of Supervisors and to authorize the addition thereof to the State Secondary System of Highways, Vinton Magisterial District (Arnold Covey, Director of Community Development) G. APPOINTMENTS 1. Capital Improvement Program (CIP) Review Committee (appointed by District) 2. Clean Valley Council 3. Economic Development Authority 4. Roanoke County Community Leaders Environmental Action Roundtable (RC- CLEAR) (appointed by District) H. 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. Request to accept and appropriate funds in the amount of $71,050 to the Roanoke County Public Schools 2. Request to accept and appropriate funds in the amount of $21,738 to the Sheriff's Office from Federal Grant - 2011 -DJ -BX -2078, approved by the Department of Justice, Bureau of Justice Assistance 3. Resolution accepting thirteen (13) parcels of Alcoa Road, Vinton Magisterial District, into the Virginia Department of Transportation Secondary Road System I. REQUESTS FOR WORK SESSIONS J. REQUESTS FOR PUBLIC HEARINGS K. CITIZENS' COMMENTS AND COMMUNICATIONS Page 3of5 L. REPORTS 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency M. WORK SESSIONS 1. Work session on Roanoke County assumption of Secondary Roads (Devolution) (David Holladay, Planning Administrator) 2. Work session to discuss the use of firing range by non - Roanoke County public safety agencies (James R. Lavinder, Chief of Police) N. CLOSED MEETING, pursuant to the Code of Virginia, as follows: 1. Section 2.2.3711.A.1. Discussion concerning the appointments to the Grievance Panel; Virginia Western Community College Board. 2. Section 2.2.3711.A.3. Namely acquisition of property for public use as a greenway, where the discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the County. EVENING SESSION — 7:00 P.M. O. CERTIFICATION RESOLUTION P. SECOND READING OF ORDINANCE (Continued from August 23, 2011) 1. Ordinance amending the Roanoke County Zoning Ordinance by the addition of amendments relating to Large and Utility Wind Energy Systems, including amendments to Section 30 -29 "Use Types; Generally," Various Sections In Article III "District Regulations," and a new Section 30 -87 -7 "Wind Energy System, Large; and Wind Energy System, Utility" in Article IV. "Use and Design Standards" (Paul M. Mahoney, County Attorney) Q. CITIZENS COMMENTS AND COMMUNICATIONS Page 4 of 5 R. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Michael W. Altizer 2. Richard C. Flora 3. Eddie "Ed" Elswick 4. Charlotte A. Moore 5. Joseph B. "Butch" Church S. ADJOURNMENT Page 5 of 5 ACTION NO. ITEM NO. C -1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 13, 2011 AGENDA ITEM: SUBMITTED BY: APPROVED BY: Recognition of Roanoke County for Association of Counties (VACo) 2011 Communications Teresa Hamilton Hall Director of Public Information B. Clayton Goodman ,Jll County Administratorl�� SUMMARY OF INFORMATION: receiving the Virginia Achievement Award for Roanoke County is proud to announce that it has received a 2011 Achievement Award in Communications from the Virginia Association of Counties (VACo) for its submission titled "Crisis Management and Communication: Critical Steps Localities Need to Take During and In Advance of an Emergency." The entry was submitted by the county's Public Information Office. The county's goal in entering the competition was to share with other localities the steps the Public Information staff took to communicate critical information to the public and media during the search for a missing Roanoke County child in December 2010. It is important that localities have a strong communications plan in place in advance of an emergency and the submission provides a foundation for localities to begin building upon. VACo's Government Relations Liaison, Beau Blevins, will attend the Board of Supervisors meeting to congratulate the Public Information Office staff and present Roanoke county with an award certificate. Roanoke County was one of twelve (12) winners in the VACo 2011 Achievement Awards Program. VACo will also recognize Roanoke county at the organization's 2011 Annual Conference in November. Teresa Hamilton Hall, G ray Craig, and Penny Lloyd prepared the award submission forthe VACo competition and will attend the Board of Supervisors meeting. Page 1 of 1 ACTION NO. ITEM NO. C -2 AT A REGULAR MEE - SING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 13, 2011 AGENDA ITEM: Proclamation declaring the month of September 2011 as the eighth (8 annual National Preparedness Month in the County of Roanoke SUBMITTED BY: Bill Hunter Assistant Director of Communications and Information Technology APPROVED BY: B. Clayton Goodman III County Administratory:�>Q4— COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Emergency Communications Center has requested that the Board proclaim the month of September 2011 as National Preparedness Month in the County of Roanoke. Communications and Information Technology Director Bill Greeves, Fire Division Chief Joey Stump Assistant Director Bill Hunter, Chief Communications Officer Pat Shumate, and Lead Communication Officer Roy Davis will attend the meeting to accept the Proclamation and tell the Board about this Very important month. Page 1 of 1 AT nixntg af Yvaanahe ortamal III- OA DECLARING THE MONTH OF SEPTEMBER 2011 AS THE EIGHTH (8 ANNUAL NATIONAL PREPAREDNESS MONTH IN THE COUNTY OF ROANOKE C -2 WHEREAS, "National Preparedness Months' creates an important opportunity for every resident of Roanoke County to prepare their homes, businesses and communities for any type of emergency including natural disasters and potential terrorist attacks; and WHEREAS, investing in the preparedness of ourselves, our families, businesses and communities can reduce fatalities and economic devastation in our communities and in our nation; and WHEREAS, the Federal Emergency Management Agency's Ready Campaign, Citizen Corps and other federal, state, local, tribal, territorial, private and volunteer agencies are working to increase public activities in preparing for emergencies and to educate individuals on how to take action; and WHEREAS, emergency preparedness is the responsibility of every citizen of Roanoke County and all citizens are urged to make preparedness a priority and work together, as a team, to ensure that individuals, families and communities are prepared for disasters and emergencies of any type; and WHEREAS, all citizens of Roanoke County are encouraged to participate in citizen preparedness activities and asked to review the Ready campaign's websites at Ready.gov or Listo.gov (in Spanish) and become more prepared. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia do hereby proclaim September 2011 as National Preparedness Month, and encourages all citizens and businesses to develop their own emergency preparedness plan and work together toward creating a more prepared society. Presented this 1 3 TH day of September 2011 ( � � , " . " 4(?/, UA "'� oseph B. "Butch" Church, Chairman d LaAAA2 a Charlotte A. Moore, Vice - Chairman *. Michael W. Altizer Eddie "Ed" Elswick Richard C. Flora ACTION NO. ITEM NOS. D -1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 13, 2011 AGENDA ITEM: Resolution expressing support for the Roanoke Valley/Blue Ridge Parkway Trail Plan Environmental Assessment with modifications and authorizing - the submittal of this resolution to the National Park Service SUBMITTED BY: APPROVED BY: Lindsay Blankenship Greenway Planner B. Clayton Goodman III County Administrator"EC COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY of INFORMATION: In accordance with the National Environmental Policy Act (NEPA), the National Park Service (NPS) has prepared an Environmental Assessment (EA) for the Roanoke Valley/Blue Ridge Parkway Trail Plan and released it for public review. The NPS held a public forum on September 1, 2011, at the Explore Park Visitor Center, and public comments are being accepted through September 12, 2011. Following Board discussion on September 13, 2011, formal comments will be submitted to the NPS. The intent of the project is to determine whether development of an integrated trail system providing critical linkages between the Roanoke Valley trail system and the Parkway is appropriate after consideration of project impacts. The EA describes the affected environment of Parkway lands located between Stewarts Knob (Milepost 110.6) and Masons Knob (Milepost 126.2) and potential impacts associated with a no action alternative and two action alternatives. A comparison of the alternatives is attached for your review. According to the NPS, the proposed action alternatives would provide the public with an enhanced range of trail opportunities and the Parkway with trail rehabilitation and general maintenance assistance from the Roanoke Valley Greenway Commission and associated trail groups. The NPS has stated that implementation of the Trail Plan/EA is dependent upon future funding availability, competing park priorities, and budget realities. Page 1 of 4 Staff supports the following enhancements proposed within the EA/Trail Plan alternatives: • Inclusion of the western connection to the Roanoke River Greenway; • Addition of parking accommodations for horse trailers on Stewarts Knob and the Roanoke Basin Overlook; • Improvement of the existing connection from wolf Creek Greenway to Mountain View Read, parking at Mountain View Road, and access at the Parkway Vinton Maintenance Area; • Addition of safety improvements for access points at all state roads; • Trail connection from Parkway to Vinton Business Center (hikers and bicyclists only); • I11ew mountain bike trails (3.5 miles) in Explore Park; • Improved access points to Buck Mountain Road, Jae Valley Road, Starlight Lane, and Raintree Road; • New connection from the Parkway to Merriman Soccer Cornplex, Starkey Park, and Back Creek Greenway; • Increased delineation of the NIPS boundaries through additional marking and signage to inform citizens and recreational users of property limits; and • Commitment to reestablish the 2001 partnership agreement with the Roanoke Valley Greenway Commission. However, staff has several concerns, some of which are shared by the City of Roanoke and the Roanoke Valley Greenway Commission, regarding the NIPS preferred alternative: • Provide clarification on whether parking accommodations are proposed for horse trailers. o For example, the Plan states: "Develop parking area to provide hiker and horse access from Stable Road to the trail system." Based on this statement, it is not clear whether parking accommodations will be provided for horse trailers. • The Plan eliminates provisions contained in earlier draft plans for extending the Roanoke River Greenway from the Parkway east through Explore Park. In lieu of the eastern Roanoke River Greenway connection, the Parkway is proposing an alternative trail system south of the Roanoke River Parkway that is to be constructed by volunteers. • A one -year pilot project to evaluate shared use of the Chestnut Ridge Loop on Mill Mountain was eliminated from the Trail Plan. Consequently, the plan does not include an integrated trail system that can be shared by hikers, equestrians, and mountain bikers. o The Greenway Commission and other volunteers in our community have invested substantial funding and labor in rebuilding the Chestnut Ridge Loop Page 2 of 4 to standards requested by Parkway staff to accommodate hikers, equestrians, and mountain bikers. • Additionally, the Plan proposes to close 42 unauthorized social trails totaling 4.1 miles that provide access to the Parkway for non - motorized users and replace them with nine (9) access points open to bicyclists once resources are available. In closing, staff supports Alternative C (NIPS preferred alternative) of the EA/Trail Plan with inclusion of the following modifications: • Provide extension of the Roanoke River Greenway along the Roanoke River from the Parkway to Explore Park; exact route to be determined upon coordination with the Parkway, Roanoke Valley Resource Authority (RVRA), Explore ParkIVRFA, and Roanoke County; • one -year pilot project to evaluate shared use of the chestnut Ridge Loop for hikers, equestrians, and mountain bikers; • Unauthorized social trails providing public access to roads remain open until such time that resources are available to provide alternative access points for the citizens in our communities; o Prior to closure of the unauthorized social trail (Deer Trail), construct a paved connection for bicyclists through the ranger station and allow hikers to continue using the Deer Trail connection from Mountain View Road to the horse trail. • Include trail crossing (bridge) of Roanoke River; Consider parking accommodations for horse trailers at Highland Road; and • Explore additional options for access and crossings at Rutrough Road, as current location shown on maps has limited sight distance. FISCAL IMPACT: There would be no fiscal impact to Roanoke County. ALTERNATIVES: 1. Approve the attached resolution supporting modifications of the Roanoke Valley /Blue Ridge Parkway Trail Plan Environmental Assessment and authorize formal submittal to the National Park Service. 2. Revise the attached resolution for the Roanoke Valley/Blue Ridge Parkway Trail Plan Environmental Assessment and authorize formal si .,ibmittal to the National Park Service. 3. Provide no comment on the Roanoke Valley/Blue Ridge Parkway Trail Plan Environmental Assessment. Page 3 of 4 STAFF RECOMMENDAnON: Alternative 1 ATTACHMENTS 1. Roanoke Valley /Blue Ridge Parkway Trail Plan Environmental Assessment Comparison of Alternatives Page 4 of 4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 13, 2011 RESOLUTION EXPRESSING SUPPORT FOR THE ROANOKE VALLEYIBLUE RIDGE PARKWAY TRAIL PLAN ENVIRONMENTAL ASSESSMENT WITH MODIFICATIONS AND AUTHORIZING THE SUBMITTAL OF THIS RESOLU'T'ION TO THE NATIONAL PARK SERVICE WHEREAS, the National Park Service (NPS) has prepared an Environmental Assessment (EA) for the Roanoke Valley /Blue Ridge parkway Trail Plan in accordance with the National Environmental Policy Act (NIEPA) and has released the EA for public review; and WHEREAS, the NPS held a public forum on this EA on September 1, 2011, at the Explore Park Visitor Center and is currently accepting public comments; and WHEREAS, the intent of this EA is to determine whether development of an integrated trail system to provide critical linkages between the Roanoke Valley trail system and the Blue Ridge Parkway, between Stewarts Knob (Milepost 110.6) and Masons Knob (Milepost 126.2), is appropriate after consideration of such projects impact; and WHEREAS, the action alternatives proposed by the NIPS may provide an enhanced range of trail opportunities to the public and provide the Parkway with assistance in maintenance and rehabilitation for the Roanoke Valley Greenway Commission and associated trail supporters; and WHEREAS, Roanoke County staff supports many of the proposed enhancements set forth in the EA Trail Plan alternatives but has concerns with certain Page 1 of 3 recommendations in the NPS preferred alternative, which concerns are shared by the City of Roanoke and the Roanoke Valley Greenway Commission; and WHEREAS, Roanoke County wishes to express its support of the N PS preferred alternative, "Alternative C" of the EA/Trail Plan with the inclusion of certain modifications. NOW, THEREFORE, BE IT RESOLVED BY THE Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board of Supervisors of Roanoke County, Virginia, expresses its support for Alternative "C" of the Environmental Assessment for the Roanoke Valley /Blue Ridge Parkway Trail Plan with the following modifications: a. Provide extension of the Roanoke River Greenway along the Roanoke River from the Parkway to Explore Park; exact route to be determined upon coordination with the National Park Service /Blue Ridge Parkway, the Roanoke Valley Resource Authority (RVRA), Explore Park/Virginia Recreational Facilities Authority and Roanoke County; b. Include a one -year pilot project to evaluate shared use of the Chestnut Ridge Loop for hikers, equestrians and mountain bikers; c. That unauthorized social trails providing public access to roads shall remain open until such time that resources are available to provide alternative access points for the citizens of the Roanoke Valley; further, that prior to the closure of Deer Trail, an unauthorized social trail, a paved connection for bicyclists be constructed through the ranger Page 2 of 3 station and that hikers be permitted to continue use of the Deer Trail connection from Mountain View Road to the horse trail; d. Include a trail crossing (bridge) of the Roanoke River; e. Consider parking accommodations for horse trailers at Highland Road; and f. Explore additional options for access and crossings at Rutrough Road due to the limited sight distances at current locations shown on maps. 2. "chat - the County Adn iinistrator is hereby authorized to make a formal submittal to the National Park Service (NPS) on behalf of Roanoke County in accordance with the terms of this Resolution upon such form as shall be approved by the County Attorney. 3. "chat this Resolution shall become effective from and after September 13, 2011. Page 3 of 3 Roanoke Valley /Blue Ridge Parkway Trail Plan Environmental Assessment Comparison of Alternatives County of Roanoke, VA September 13, 2011 Alternative A No Action Alternative B Expand Trail System with Connections Alternative C Expand Trail System with Connections (Environmentally Preferred) and Mountain Biking (NPS preferred) 17.4 miles of existing trail remain; horse, 17.4 miles of existing trail upgraded; 17.4 miles of existing trail upgraded; Existing Trails hiking only horse, hiking only horse, hiking only 4.1 miles in 42 social/ unauthorized trails 4.1 miles in 42 social /unauthorized trails 4.1 miles in 42 social /unauthorized trails Trail Closure closed closed closed No new trails 6.25 miles of new trail for hiking /horses by 6.25 miles of new trail for hiking /horses by New Trails Roanoke Valley Greenways Roanoke Valley Greenways and 3.5 miles new trail for mtn bikes /hiking Existing Wolf Creek Greenway New greenway connections: New greenway connections: • Vinton Business Center • Vinton Business Center • Roanoke River to west • Roanoke River to west Greenway • Mill Mtn Trails - Fordham, trailer park, • Roanoke River to east via Highland Rd, Connections Yellow Mtn Rd bike trails • Back Creek (near Merriman Park) • Mill Mtn Trails: Fordham, trailer park, Yellow Mtn Rd • Back Creek (near Merriman Park) No bicycle access except at Rt 24, Rt 220, New paved bicycle access to Parkway New paved bicycle access to Parkway and Spur Road motor road at: motor road at: • Ranger Station • Ranger Station • Hardy Road (from church) • Hardy Road (from church) • Roanoke River Greenway to west • Roanoke River Greenway to west Bicycle Access to (overlook) (overlook) Parkway Motor • Pitzer Road • Pitzer Road Road • Yellow Mtn Rd (near Mill Mtn) • Yellow Mtn Rd (near Mill Mtn) • Falcon Ridge • Falcon Ridge • Buck Mtn Road • Buck Mtn Road • Starlight Lane (near Merriman Park) • Starlight Lane (near Merriman Park) • Mason's Knob at Raintree • Mason's Knob at Raintree None • Stewarts Knob: horse trailer parking • Stewarts Knob: horse trailer parking • Mountain View Road: pave lot • Mountain View Road: pave lot • Ranger Station: new lot and path • Ranger Station: new lot and path • Chestnut Mtn Drive: parking • Chestnut Mtn Drive: parking • Roanoke Basin Overlook: connect trail to • Roanoke Basin Overlook: connect trail to lot, add horse trailers lot, add horse trailers Parking • Hardy Road: new trail connection to • Hardy Road: new trail connection to Improvements church lot church lot • Pitzer or Sizemore: new lot • Pitzer or Sizemore: new lot • Garden City: legal access to City lot • Garden City: legal access to City lot • Stable Road: add lot • Stable Road: add lot • Merriman /Starlight: legal access to • Merriman /Starlight: legal access to County lot County lot Work with VDOT for safer crossings at 24 Work with VDOT for safer crossings at all Work with VDOT for safer crossings at all Public Road and Hardy Rd. state roads state roads Crossings No greenway connections near Mill Mtn. Mountain bikes allowed on Ridgeline, Fern Mountain bikes allowed on Ridgeline, Fern Mill Mountain Park and Woodthrush Trails to Yellow Mtn Park and Woodthrush Trails to Yellow Mtn Connections Rd Rd BRP staff maintenance only MOA with volunteer groups for trail MOA with volunteer groups for trail maintenance; Roanoke Valley Greenways maintenance; Roanoke Valley Greenways Maintenance for most new trail construction specified for new trail construction, except near Explore Park County of Roanoke, VA September 13, 2011 ACTION NO. ITEM NO. D -2 AT A REGULAR MEE - rING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 13, 2011 AGENDA ITEM: Resolution approving Public Access Trail Agreement with Hollins University — portion of the Tinker Creek Greenway (1-81 to Carvins Cove), Hollins Magisterial District SUBMITTED BY: Pete Haislip Director of Parks, Recreation and Tourism Lindsay Blankenship Greenway Planner APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: For several years, staff from Hollins University, Roanoke County and the Roanoke Valley Greenway Commission have been negotiating a greenway route, which will extend from Plantation Road (north of Interstate 81) across property owned by Hollins University to Carvins Cove Natural Reserve. The attached agreement between Hollins University and Roanoke County proposes public access to Carvins Cove by means of a natural surface trail similar to the Appalachian Trail (AT). The greenway would allow the following users: hikers, runners, walkers, mountain bikers, and equestrians. No motorized vehicles are allowed on the greenway with the exception of emergency or maintenance vehicles when necessary. A parking lot is proposed on the property owned by Hollins University for public access from Plantation Road. The greenway would be approximately three - fourths of a mile long and provide access to over forty (40) miles of trails at Carvins Cove. The northernmost portion of the trail will extend from property owned by Hollins University through private property in Botetourt County. Access has been secured for the privately owned portion of the trail. Officials from Botetourt County and the City of Roanoke have been contacted regarding issues such as access, maintenance, and safety along the trail. "there are no bridges or culverts anticipated on this trail. Page 1 of 2 In accordance with the proposed agreement, Roanoke County would be responsible for the construction, access, use, and maintenance of the trail. It is anticipated that experienced Volunteers, such as the Pathfinders for Greenways, would construct and maintain the trail in conjunction with students at Hollins University. The Hollins University Board of Trustees has chosen not to grant a permanent easement or long term lease agreement for the trail. Consequently, staff believes it is inappropriate to allocate capital funds for the project; however, in -kind services may be utilized for construction and maintenance. The Hollins University Board of Trustees reserves the right to terminate this public access agreement at any time upon written notice to Roanoke county. Such termination shall not be effective until at least ninety (90) days from the date notice is received by Roanoke county. Additionally, the Hollins University Board of Trustees reserves the right to alter and amend the location of the trail or parking location as shown on Exhibit A (attached) upon ninety (90) days notice to Roanoke county. The Board of Trustees has committed to providing an alternative location of the trail and parking lot that is agreed upon by both parties. Once the Tinker creek Greenway is complete, bicyclists and pedestrians will be connected to the Roanoke Rive r G ree nway and the Appalac h ian Trai I . The regional g reenway syste m has been strongly supported by citizens, businesses, civic organizations, politicians and local governments. Greenways were also strongly supported by Roanoke county citizens during development of the Department of Parks, Recreation and Tourism comprehensive Parks Master Plan, completed in 2007. FISCAL IMPACT: There would be no fiscal impact to Roanoke county. No capital funds will be expended in the construction of the trail and parking lot. The construction and maintenance of the parking lot and trail would come from donations, Volunteer labor, and in -kind services. ALTERNATIVES: 1. Approve the Public Access Agreement with Hollins University. 2. Do not approve the Public Access Trail Agreement with Hollins University. STAFF RECOMMENDATION: Alternative one ATTACHMENTS 1. Public Access Trail Agreement between Hollins University and the county of Roanoke 2. Exhibit A: conceptual Map of Proposed Parking Lot and Tinker creek Greenway 3. 2007 Roanoke Valley Conceptual Greenway Plan Map Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 13, 2011 RESOLUTION APPROVING PUBLIC ACCESS TRAIL AGREEMENT WITH HOLLINS UNIVERSITY — PORTION OF THE TINKER GREEK GREENWAY (I -81 TO GARVINS COVE), HOLLINS MAGISTERIAL DISTRICT WHEREAS, the 2047 Roanoke Valley Conceptual Greenway Plan proposes a Tinker Creek Greenway Trail to connect the Roanoke River Greenway and the Carvins Cove Natural Reserve, shown as Trail # 34, through a portion of the Hollins University campus and its adjoining property; and WHEREAS, Hollins University owns a substantial parcel of property adjoining the north side of US Interstate Route 81 (I -81) located in both Roanoke and Botetourt Counties which can provide the major length of public trail access from the northern end of Plantation Road to the Carvins Cove Natural Reserve; and WHEREAS, Roanoke County staff and Hollins University staff, with the support and assistance of the Roanoke Valley Greenway Commission, have over several years negotiated a mutually acceptable agreement to provide for the construction of a public access trail and parking lot across - the property of Hollins University to connect with previously agreed upon trail access over privately owned parcels to connect to the Carvins Cove Natural Reserve; and WHEREAS, Hollins University has agreed to permit the construction across its property of a natural surface trail similar to the Appalachian Trail (AT) approximately three - quarter ( mile in length for the use of hikers, runners, walkers, mountain bikers and equestrians but prohibiting motorized vehicles with access from a parking lot to be constructed on Hollins University property; and Page 1 of 2 WHEREAS, the City of Roanoke and Botetourt County officials have been contacted and have expressed support concerning issues of access, maintenance and public safety response along the proposed trail length; and WHEREAS, the 2007 Comprehensive Parks Master Plan of the Department of Parks, Recreation and Tourism strongly support the extension of Greenway Trails in Roanoke County. NOW, THEREFORE, BE IT RESOLVED BY THE Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the negotiated Agreement between Hollins University and Roanoke County for a public access trail over property made available by Hollins University for a portion of the Tinker Creek Greenway to provide access from Plantation Road to Carvins Cove Natural Reserve, as shown on Exhibit "A" of the accompanying Board Report, located in Roanoke and Botetourt Counties, Virginia, is hereby approved. 2. That no capital improvement public funds shall be expended in the construction of this public access trail and parking lot. 3. That the County Administrator is hereby authorized to execute such agreement on behalf of Roanoke County upon such form as shall be approved by the County Attorney. 4. That this Resolution and the Agreement shall become effective from and after September 13, 2011. Page 2 of 2 PUBLIC ACCESS TRAIL AGREEMENT BETWEEN HOLLINS UNIVERSITY AND THE COUNTY OF ROANOKE, VIRGINIA THIS PUBLIC ACCESS TRAIL AGREEMENT ( "Agreement "), made this day of , 2011, by and between HOLLINS UNIVERSITY ( "Grantor "), and the COUNTY OF ROANOKE, VIRGINIA, a political subdivision of the Commonwealth of Virginia ("Grantee"): WITNESSETH: WHEREAS, Grantor is the owner of certain property located in the Counties of Botetourt and Roanoke, Virginia, lying North of the right -of -way of Interstate Highway 81 and South of Carvins Cove, as further described herein; and WHEREAS, the Roanoke Valley Greenway Commission has developed a master plan for Greenways in the Roanoke Valley which includes a plan for a Greenway along portions of Tinker /Carvins Creek to provide access to Carvins Cove and its extensive system of trails and recreational activities; and WHEREAS, the Grantee, in cooperation with the Grantor, desires to develop and maintain a portion of the Tinker Creek Greenway across the property of the Grantor to provide Greenway access to Carvins Cove and its trails and recreation sites; and WHEREAS, Grantor desires to provide Grantee, on behalf of the public, a trail agreement to construct, access, use and maintain the portion of the Tinker Creek Greenway that will extend across the Grantor's property, for use by the public for recreational purposes; and WHEREAS, the parties desire to enter into this Agreement to define the terms and conditions under which the Grantee and the general public may utilize Grantor's property for the permissible public purposes and uses more fully described herein. NOW THEREFORE, FOR AND IN CONSIDERATION OF the sum of One Dollar ($1.00), and other good and valuable consideration, the receipt, adequacy and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: 1. Public Access Trail Grantor hereby grants to Grantee and the general public a revocable license and permission to enter upon and use that portion of the Grantor's property, identified as Roanoke County Tax Map No. 18.00-01-03.01- 0000 and Botetourt County Tax Map No. 106 -8, which is labeled on Exhibit A attached hereto as "Trail" and "Parking Lot ". Upon completion of the trail and approval by the Grantee and Grantor, members of the general public shall have the right of free access to and use of the property marked "Trail" and "Parking Lot" on Exhibit A as a portion of the Tinker Creek Greenway Trail for purposes including, but not limited to walking, jogging, hiking, bicycle riding, horseback riding, and nature studies, subject to the laws, ordinances, and regulations in force in Roanoke and Botetourt Counties. The Grantee shall have access to and be permitted to construct and maintain upon that property designated as "Trail" on Exhibit A a trail of a natural surface, similar to that of the Appalachian Trail, of a width of 24' within a 15' corridor and of a length of approximately three - quarters of a mile, and a parking lot. All such construction and maintenance shall be supervised by authorized representatives of the Grantee. The parties further acknowledge and agree that the public access granted by this Agreement to Roanoke County and the general public does not extend to any property of the Grantor outside the boundaries of the Trail and Parking Lot shown on Exhibit A. The Grantor, on ninety (90) days notice to the Grantee, reserves the right to alter and amend the location of the Trail or the Parking Lot from the location shown on Exhibit A attached. The Grantor commits to providing the Grantee with a reasonable alternative location for the Trail and the Parking Lot in the event of requesting an alteration or amendment of either existing location. 2. Term The term of this Agreement shall commence on October 1, 2011 and shall continue until such time as the Grantor, or its successors or assigns, notify the Grantee in writing that it intends to terminate this Agreement. Such termination shall not be effective until at least ninety (90) days from the date notice is received by the Grantee in order to allow time to abandon, and if agreed to by the parties, to relocate that portion of the Tinker Creek Greenway Trail that extends across Grantor's property. 3. Certain Vehicles Prohibited The parties acknowledge that public access to the Trail is prohibited with any type of motor vehicles, including, but not limited to, motorcycles, 4 -wheel drives, motor bikes, mopeds, ATV's and snowmobiles, except to the extent that vehicles authorized by the Grantee are necessary for construction, inspection, maintenance, emergency response or reconstruction of the Trail. 4. Grantor Interference Prohibited Grantor acknowledges and agrees that no building, above grade structure or other material obstruction to the use of the Trail shall be erected by it within the Trail, and that it will take no action so as to render the Trail inaccessible, except upon written permission of the Grantee. 5. Permitted Structures Grantor acknowledges and agrees that Grantee may erect within the Trail such trail markers, kiosks, litter receptacles, vehicle control barriers, benches, bridges, signage, fences and gates and a Parking Lot, as shown on Exhibit A, as necessary for preservation of the Trail, use of the Trail, and safety of Trail users. No other building or above grade structure shall be constructed by the Grantee except upon the written permission of the Grantor. 6. Waste /Hazardous Material Grantor and Grantee acknowledge that they will use their best efforts to ensure that there shall be no dumping of garbage, waste, brush or other unsightly, offensive or hazardous material of any kind on or within the 2 Trail, Parking Lot or the portion of Grantor's property immediately adjoining the Trail or Parking Lot. 7. Construction and Maintenance of Trail Grantor and Grantee jointly agree that the Trail shall be constructed of a natural surface, similar to the Appalachian Trail, with a width of between two and four feet (2' -4') within an agreed upon fifteen foot (15') corridor across the property of the Grantor for a distance of approximately three - quarters of a mile. The Parking Lot shown on Exhibit A shall comply with all Roanoke County ordinances and shall be served by at least one trash receptacle serviced by Roanoke County. Construction and maintenance of the Trail and the Parking Lot shall be performed by professionals and /or experienced volunteer trail builders, under the supervision of the Grantee, the Roanoke County Department of Parks, Recreation and Tourism or its designated representatives. No capital funds shall be expended in the construction of the Trail and Parking Lot. 8. Inspection and Maintenance of Trail The Grantee and its agents shall have the right to inspect the Trail and Parking Lot area and to (a) cut, clear and remove all undergrowth or obstructions lying within or upon the Trail and Parking Lot that interfere with or endanger the proper use thereof; and (b) to develop any Trail and Parking Lot surface modifications to correct erosion or other problems as approved by the Roanoke County Department of Parks, Recreation and Tourism. Maintenance shall include, but not be limited to, regular trash pickup and removal, repair of storm or flood damage, vandalism or other destruction of property and fences within the area of the Trail and the Parking Lot. 9. Hold Harmless In so far as permitted by the provisions of § 29.1- 509(E) of the Code of Virginia, 1950, as amended, the Grantee agrees to hold the Grantor harmless from liability and be responsible for paying the cost of all reasonable legal services required by Grantor as a result of any claim attempting to impose liability on the Grantor for personal injury or property damage arising out of the use of the Trail or Parking Lot by the County and the general public, provided the Grantor shall not be held harmless from liability caused by the active conduct or acts of the Grantor, its successors in interest, agents, invitees or contractors, which violate the terms and conditions of this Agreement. 10. Agreement Binding Upon Successors This Agreement shall be binding upon the successors and assigns of the parties hereto. 1 1. Notice Unless otherwise specified, all notices, consents and approvals required or authorized by this Agreement to be given by or on behalf of either party to the other shall be in writing and signed by a duly designated representative of the party by or on whose behalf they are given and shall be deemed given three days after the time a certified letter, properly addressed, postage prepaid, is deposited in any United States Post Office or upon hand delivery. 3 Notice to Roanoke County shall be addressed to: County of Roanoke Attention: Greenway Planner, Department of Parks, Recreation & Tourism 1206 Kessler Mill Road Salem, VA 24153 Or such other office as the Grantee may hereafter designate by notice to the Grantor in writing. Notice to the Grantor shall be addressed to: Hollins University Attention: Roanoke, VA 24019 12. Entire Agreement This Agreement constitutes the entire understanding between the parties. Any changes or modifications of this Agreement must be in writing signed by both parties. WITNESS the following signature(s): GRANTOR: HOLLINS UNIVERSITY By Printed Name: Title: COMMONWEALTH OF VIRGINIA, COUNTY OF ROANOKE to wit: The foregoing Agreement was acknowledged before me this day of 2011, by , for and on behalf of Hollins University. Notary Public My Commission Expires: My Registration Number is GRANTEE: COUNTY OF ROANOKE, B B. Clayton Goodman, III County Administrator VIRGINIA 11 COMMONWEALTH OF VIRGINIA, COUNTY OF ROANOKE to wit: The foregoing Agreement was acknowledged before me this day of , 2011, by County of Roanoke, Virginia. , for and on behalf of Board of Supervisors, Notary Public My Commission Expires: My Registration Number is Approved as to form: Joseph B. Obenshain, Esq. 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O N U U O N> L � ~= V C >> (7 O L C Y Cu N �• O O N O C� m U c N - c �_ U U '` '` U O N N° N a J U N N L U O= rn O N Y �. O Y Y= U a U L L U L L m C O O U >+ N O O L U C L L Q (6-- N O O O O Q M) .SQ � N � O 'L 'L Q L O •� L t6 U a� W' c c U° N N N 0 0 t6 � Y � C >i° Q - L -0 � N � > .� Y � cn cn - - � L 'L O (6 (6 (� 'L Y •� (6 (6 (3 ° L X X 0 �aaaQwww(� a L x •N U L N (6 (6 •U O M M _- N O O O O .� a- IM ca.�.L ca (a (aoWCDCDCDCD(D ==� ��aa���U)H� ® -:i -1 Qmm mmmUUC)6 CA � � � � � ) � � � � � � LC O 66 C � � � �L4��`od�O�NM�LI� MI ��` oOdOrNM G l i i i i i i i i i O�N �L G I N M 4 6 6 f� a0 O 1 1 1 1 -- N N N N N N N N N N M M M M M M ACTION NO. ITEM NO. D -3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 13, 2011 AGENDA ITEM: Request to appropriate $17,225 to repair the retaining wall at the Vinton Library SUBMITTED BY: Diane D. Hyatt Assistant County Administrator APPROVED BY: B. Clayton Goodman III County Administrator- COUNTY ADMINIS'TRATOR'S COMMENTS: SUMMARY OF INFORMATION: During the weekend of July 4 an eighty (80) foot section of the one hundred and thirty (130) foot retaining wall at the Vinton library collapsed. County grounds maintenance crews have secured the area while we obtained bids for its repair. Attachment A shows the section of wall that collapsed. The Board recently purchased land for a future site of a new Vinton library. Because of this, staff does not think it is financially wise to repair or replace the entire retaining wall at this time. However, we would like to use modern construction methods to rebuild the section that collapsed. This would include installing rebar inside the cement block, fronting it with brick, and adding weep holes. In addition, the bid includes removing the large bush that is pushing against the wall. FISCAL IMPACT: Bids were obtained to perform this repair work. The work can be done for $17,225. Money is available in the County Minor Capital Fund. STAFF RECOMMENDATION: Staff recommends appropriating $17,225 from the Minor Capital Fund to remove the large bush and to repair the retaining wall at the Vinton Library. Page 1 of 1 ATTACHMENT A Collapsed Retaining Wall at Vinton Library ACTION NO. ITEM NO. E -1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROAN O KE COUNTY ADMINISTRATION CENTER MEETING DATE: September 13, 2011 AGENDA ITEM: Bent Mountain Elementary School Lease SUBMITTED BY: B. Clayton Goodman, III County Administrator APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: The County Attorney and other County Staff are continuing negotiations with the School Board Attorney and School Board Staff. At this time a final draft is not available. The proposed lease would have the School Board lease on an annual basis the former Bent Mountain Elementary School to the County. The proposed lease would permit the County to sublease the former school property to third parties. In this case, one'third party would be the Bent Mountain Center non - profit group. It is requested that the BoS consider the first reading of the draft ordinance as presented and the Attorneys and Staff would complete the negotiations and have a completed lease by the second reading of the ordinance. SUMMARY OF INFORMATION: FISCAL IMPACT: ALTERNATIVES: STAFF RECOMMENDATION: Recommend that the BoS proceed with approving - the lease at the September 27, 2011 BoS meeting. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 13, 2011 ORDINANCE AUTHORIZING THE LEASE FROM THE COUNTY SCHOOL BOARD OF ROANOKE COUNTY OF THE BENT MOUNTAIN ELEMENTARY SCHOOL WHEREAS, the County School Board of Roanoke County has determined that the Bent Mountain Elementary School is no longer needed as a school building and that it is available for lease to the Board of Supervisors of Roanoke County; and WHEREAS, Roanoke County is planning to sub -lease a portion of the Bent Mountain Elementary School to the Bent Mountain Center, Inc., a 501C organization consisting of residents of the Bent Mountain community who are interested in preserving this structure as a community center; and WHEREAS, the Board has determined that it is in the best interests of the County to lease this property for a period of time as a community center serving the Bent Mountain community; 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 acquisition of the herein - described real estate was held on September 13, 2011; the second reading and public hearing was held on September 27, 2011; and 2. That this property to be leased consists of the Bent Mountain Elementary School consisting of approximately 5.33 acres located at 10148 Tinsley Lane, Bent Mountain, Virginia; and Page 1 of 2 3. That it is in the County's best interests to lease this property from the County School Board of Roanoke County for a term of years. 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 Dollar ($ ); and 4. That the County Administrator, or his designee, is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish this transaction, all of which shall be upon a form approved by the County Attorney. Page 2 of 2 ACTION NO. ITEM NO. E -2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANO KE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: September 13, 2011 Proposed lease with Bent Mountain Center Nonprofit Group B. Clayton Goodman III County Administrator B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: The issue of granting a lease to a citizen non - profit group for the purpose of operating the former Bent Mountain Elementary School as a community center, funded by the nonprofit group has been discussed for several months. Work sessions have been conducted regarding this matter. It is requested that the Roanoke County Board of Supervisors conduct the first reading and schedule a public hearing for the granting of the proposed lease attached to this document with conditions. Several items must fall in place before the lease can be signed. First condition is that a successful lease between the School Board and Board of Supervisors can be reached. This is a separate item on this agenda meeting. The second condition is that the nonprofit group establishes a legal entity via filing a 501(C)3 nontaxable status from the Internal Revenue Service (IRS) and other appropriate incorporation items. Once the group has filed its IRS nonprofit status and other necessary legal incorporations, if any, the group may execute the lease. FISCAL IMPACT: Funds in the amount of $32,000 will be sought for seed money for the first year operations. The funds will be derived from June 30, 2011, year -end escrow requests. ALTERNATIVES: 1. Not to approve the proposed lease. 2. Amend the proposed lease as the Board of Supervisors may wish to consider. Page 1 of 2 3. Approve the proposed lease and authorize the County Attorney to conclude negotiations with the Bent Mountain Center group and make minor adjustments which are not material in nature and execute the one -year agreement on behalf of the Board of Supervisors STAFF RECOMMENDATION: Recommend approval of Alternative I 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 Bent Mountain Center, a Virginia Non -stock corporation, hereinafter referred to as " "Tena nt ". 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: The Premises to be leased includes the gym /state /kitchen /cafeteria area of the Bent Mountain Elementary School as identified in 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 all cases under this Lease during the original and all renewal terms and extensions. Page 2 of 12 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 premises 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 w i l l 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 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 w i l l not be unreasonably with held, but this condition has been added to the agreement to insure the proper listing and disposition of donated items. Roanoke County will have no ownership rights to the donated items, unless the items were donated by Roanoke County. 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 agree to comply with all applicable laws and regulations of governmental authorities with respect to the use of the Leased Premises. Both further agree to collaborate to insure that all necessary repairs or renovations which may be required by applicable laws and regulations are completed before the center is used by the public. The Landlord reserves the right to delay, postpone or suspend any necessary repairs subject to appropriation of funds. If the Landlord is required to abate any nuisance on the Premises, Landlord will attempt to provide notice to the tenant, but if necessary may do so to protect the property. 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. 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 providing assistance to the Landlord. The assistance shall consist of providing notice of structural issues immediately upon the Tenants knowledge of each problem. The Tenant will be responsible for all structural problems created by 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 Page 6 of 12 may have at law or in equity, and waiver of one default shall not be deemed to be a waiver of any subsequent default. 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 premises 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 of the premises or the Leased Premises, or the premises' 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: The Landlord shall attempt to provide notice of any of the following changes, but notice shall not constitute seeking Tenants approval to implement the following: (a) To change the name or street address of the premises, 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 provide that space leased and occupied by the Tenant may not be leased or occupied by other parties. Only the Premises' space unoccupied may be used by third parties and may do so only in it does not interfere with the Tenants' in the Premises. (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 Premises, 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 Premises 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 premises 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 Page 8 of 12 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. 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 the 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 pay for the ongoing operations expenditures, the Page 9 of 12 lease may be terminated by the Landlord. Ongoing operating expenditures are defined in Exhibit B. 20. SEVE RABI LITY: 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: 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: Bent Mountain Center Andrea Krochalis, Chairperson 9428 Patterson Drive Bent Mountain, VA 24059 25. FINAL UNDERSTANDING: This Lease 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 may be modified in writing only, signed by the parties in interest at the time of the modification. LANDLORD AND TENANT HAVE CAREFULLY READ AND REVIEWED THIS LEASE Page 10 of 12 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 2011 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.: ROANOKE COUNTY PUBLIC SCHOOLS Page 11 of 12 Dr. Lorraine Lange, School Superintendent Approved to form: Roanoke County Public Schools 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 TENANT: BENT MOUNTAIN CENTER By: 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 El E 0 0 0 0 Cf) cr) Ul w Cr cu 7W raw U l (D CL U f c 11, r i:j K-/. Y'll EXHIBIT B During the first year of operations, Roanoke County will fund these expenditures. After the first ycar of operations, the Tenant shall be required to fund these expenditures. Expenditures to be paid by Tenant during the term of this Lease shall consist of the fallowing items: 1. Utilities to heat the Premises and Cool, where AC is provided. 2. Custodial Service — The cost is to be mitigated by volunteers providing opening, closing and cleaning of the rooms after rentals. The County will provide custodial service one day per week to clean the facility. 3. The cost to provide groound maintenance is approximately $7,000 dollars per year. This is in excess of the current ground maintenance now provided by the County serving the ball field and other recreation facilities such as playground and shelter. 4. Insurance shall be provided by the County. 5. Water and sewer service will have to be provided to the Library and the County will not charge far additional water and sewer charges arising from the leasing of the Premises. The estimated costs for these expenditures which the Tenant shall be responsible for are: • Utilities - $14,000 • Custodial Services - $ 3 • Grounds Maintenance - $ 7 Total $24 The County will also provide in its first year expenses the cost to provide necessary capital items. This is estimated to cost $3,750. The estimated capital costs include the following: • Installation of Fire Doors $1,500 • Fire Alarm Enunciator $1,500 • Gutter Repairs $ 500 • Fire Extinguisher $ 150 Total $3,'750 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF RoANoKE COUNTY, VIRGINIA, HELD AT THE RoANoKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 13, 2011 ORDINANCE AUTHORIZING THE LEASE TO BENT MOUNTAIN CENTER INC. FOR ONE YEAR (PLUS OPTION TO EXTEND FOR ADDITIONAL ONE -YEAR PERIODS) OF THE BENT MOUNTAIN ELEMENTARY SCHOOL WHEREAS, Roanoke County is planning to sub -lease a portion of the Bent Mountain Elementary School to the Bent Mountain Center, Inc., a 5010 organization consisting of residents of the Bent Mountain community who are interested in preserving this structure as a community center; and WHEREAS, Roanoke Coi .,inty is leasing the Bent Mountain Elementary School from the County School Board of Roanoke County; and WHEREAS, the Board has determined that it is in the best interests of the County to sub -lease this property Bent Mountain Center, Inc. for a period of time as a community center serving the Bent Mountain community; 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 September 13, 2011; the second reading and public hearing was held on September 27, 2011; and 2. That this property to be sub - leased consists of portions of the Bent Mountain Elementary School consisting of approximately square feet and the adjoining parking area and is located at 1 0148 Tinsley Lane, Bent Mountain, Virginia; and Page 1 of 2 3. That it is in the County's best interests to sub -lease this property to Bent Mountain Center, Inc. for one year with additional one -year lease terns. This sub -lease is subject to the provisions of the lease between Roanoke County and the County School Board and Section 2.03 and 18.04 of the Roanoke County Charter. The annual rental for this property is One Dollar ($1.00); and 3. That the rental income w i l l be appropriated to an account for expenses related to the maintenance of this property. 4. That the County Administrator, or his designee, Is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish this transaction, all of which shall be upon a form approved by the County Attorney. Page 2 of 2 ACTION NO. ITEM NO. E -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: September 13, 2011 Ordinance amending Section 23 -3.4. "Stormwater management facility maintenance agreements" of Chapter 23. " Stormwater Management" of the Roanoke County Code Papal M. Mahoney County Attorney COUNTY ADMINIS'TRATOR'S COMMENTS: SUMMARY OF INFORMATION: This is the first reading of an ordinance to amend the Stormwater Management chapter of the Roanoke County Code. This amendment imposes additional obligations on developers for bonding, maintenance, inspection and notification of homeowners associations (HOAs) for stormwater detention facilities. Roanoke County environmental engineers have been inspecting stormwater detention facilities throughout the County. Inspection reports identifying deficiencies and maintenance or repair obligations have been prepared and sent to the owners and responsible parties, including HOAs. Many of the HOA representatives have claimed that they had no knowledge of these responsibilities. during community and civic association meetings, many citizens have requested that the County require the developer to notify them of any transfer of responsibility for these stormwater facilities. Many citizens have complained that the stormwater facility has deteriorated due to lack of maintenance by the developer. This ordinance attempts to address several of these complaints by requiring (i) a maintenance bond in the amount of twenty percent (20 %) of the original construction cost; (ii) inspection of the facility by the County before transfer of maintenance responsibility; and (iii) written acceptance of maintenance responsibility by any assignee. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends that the Board consider the adoption of this ordinance at first reading. If the Beard finds this ordinance to be acceptable, then it is recommended that staff meet with the local hornebuilders association and other representatives of the development community to receive their comments on this proposed ordinance. The Board may also want to consider a work session with interested parties before any second reading. 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, SEPTEMBER 13, 2011 ORDINANCE AMENDING SECTION 23 -3.4. "STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENTS" OF CHAPTER 23. "STORMWATER MANAGEMENT" OF THE ROANOKE COUNTY CODE WHEREAS, the Board of Supervisors finds that many storm water detention facilities are not being maintained and that this poses a threat to public health and safety; and WHEREAS, the Board of Supervisors finds that many homeowners' associations are not notified of their maintenance responsibilities by developers; and WHEREAS, the Board finds that measures to insure maintenance of such facilities such as notification, bonding or other forms of security would alleviate many of these maintenance failures; and WHEREAS, this ordinance is authorized by the Virginia Stormwater Management Law in Title 10.1 of the Code of Virginia; and WHEREAS, the first reading of this ordinance was held on September 13, 2011 and the second reading was held on September 27, 2011. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County as follow: 1. That Section 23 -3.4. of Chapter 23. Stormwater Management be amended to read and provide as follows: Sec. 23 -3.4. — Stormwater management facility maintenance agreements. Prior to the issuance of any permit that has a stormwater management facility as one of the requirements of the permit, the permittee or owner of the site must execute Page 1 of 4 an access easement agreement and a formal maintenance covenant that shall be binding on all subsequent owners of land served by the stormwater management faci I ity. (1) Access easement agreement. a. The access easement agreement shall provide for access to stormwater management facilities at reasonable times for periodic inspection by the County, or their contractor or agent, and for regular assessments of land owners to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this chapter. The easement agreement shall be recorded by the County in the land records. b. When any new stormwater management facility is installed on private property, or when any new connection is made between private property and a public storm drainage system, duly authorized employees, agents, or representatives of the County shall be authorized to enter any public or private property at any reasonable time for the purpose of inspection. This includes the right to enter a property when it has a reasonable basis to believe that a violation of this chapter is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this chapter. (2) Maintenance covenants. a. Maintenance of all stormwater management facilities shall be ensured through the creation of a formal maintenance covenant that must be approved by the County and recorded into the land record prior to final plan approval. The covenant shall identify by name or official title the person(s) responsible for carrying out the maintenance. Page 2 of 4 b. Responsibility for the operation and maintenance of stormwater management facilities, unless assumed by a governmental agency, shall remain with the property owner and shall pass to any successor or owner. If portions of the land are to be sold, legally binding arrangements shall be made to pass the basic responsibility to successors in title. These arrangements shall designate for each land owner, governmental agency, or other legally established entity to be permanently responsible for maintenance. C. As part of the covenant, a schedule shall be developed for when and how often maintenance will occur to ensure proper function of the stormwater management facility. The covenant shall also include plans for periodic inspections to ensure proper performance of the facility between scheduled maintenance and should also include "failure to maintain" provisions. d. In the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health, safety, or the environment, the County reserves the authority to perform the work and to recover the costs from the land owner. (3) Maintenance bonds. a. The . ounty shall require the submittal of a maintenance security or bond with surety, cash escrow, letter of credit, or acceptable legal arrangement, all of which shall be in a form approved by the County to secure the performance of the maintenance covenant provided above. The maintenance covenant and security shall be submitted prior to the release of the performance security or bond provided in Sec. 23 -3.5. The maintenance covenant and security is required to insure that the stormwater facilities Page 3 of 4 are maintained by the permittee or owner as required by the approved stormwater management plan. b. The ounty shall require a maintenance guaranty in the amount of twenty percent (20 %) of the construction costs which include but are not limited to storm drainage system and stormwater management facilities. C. The maintenance security shall contain forfeiture provisions for failure, after proper notice, to complete work within the time specified, or to initiate or maintain appropriate actions which may be required of the permittee in accordance with the approved stormwater management plan. d. If the ounty takes such action upon such failure by the permittee, the ... ount y may collect from the permittee the difference should the amount of the reasonable cost of such action exceed the amount of the security held. e. The maintenance covenant and security will be the responsibility of the permittee or owner until such time as the permittee or owner provides the County with written notice that a transfer of the maintenance responsibilities is being made to a responsible legal entity which includes a homeowners' association. This notice shall include a list of the names and contact information for the responsible legal entity, and if a homeowners' association, its officers. The .ounty will release the permittee or owner from its maintenance responsibilities and bond once the County has met with the representatives of the new responsible legal entity. 2. That this ordinance shall be in full force and effect from and after its adoption. Page 4 of 4 ACTION NO. ITEM NO. E -4 RV 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: September 13, 2011 Ordinance amending Sec. 5 -33. "Disposal of dead companion animal" of Chapter 5. "Animals and Fowl" of the Roanoke County Code Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This ordinance requires the owner of any livestock, poultry or other animal to cremate or bury it. This ordinance has been requested by the Chief of Police. The Chief reports that over the years Roanoke County animal control officers have responded to numerous incidents involving deceased animals not being buried or properly disposed of. This results in many complaints from neighbors. Section 5 -33 of the County Code currently requires the owner of any companion animal to cremate or bury it. This ordinance would expand that obligation to include poultry and livestock in that requirement. Section 18.2 -510 of the Code of Virginia authorizes any county to adopt such an ordinance. It is the intent of 'this ordinance that the owner will satisfy this obligation to cremate or bury the animal; however, if the owner fails to do so, this ordinance authorizes a Roanoke County animal control officer to do so. If the County has to cremate or bury the animal then it can recover its actual costs and a reasonable fee. The County Code defines the following terms: Companion animal: Any domestic or feral dog, domestic or feral cat, nonhuman primate, guinea pig, hamster, rabbit not raised for human food or fiber, exotic or native animal, reptile, exotic or native bird, or any feral animal or any animal under the care, custody, or ownership of a person or any animal that is bought, sold, traded, or bartered by any person. Agricultural animals, game species, or any animals regulated under federal law as Page 1 of 2 research animals shall not be considered companion animals for the purposes of this chapter. Livestock: Cattle, horses, sheep, goats, swine and enclosed, domesticated rabbits or hares. Poultry. All domestic fowl and game birds raised in captivity. STAFF RECOMMENDATION: It is recommended that the Board favorably consider the adoption of this ordinance at first reading. Second reading is scheduled for September 27, 2011. 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, SEPTEMBER 13, 2011 ORDINANCE AMENDING SEC. 5 -33. "DISPOSAL OF DEAD COMPANION ANIMAL" OF CHAPTER 5. "ANIMALS AND FOWL" OF THE ROANOKE COUNTY CODE WHEREAS, the Chief of Police reports that some owners of deceased animals are not fulfilling their responsibility to cremate or bury such animals; and WHEREAS, Section 18.2 -510 of the Code of Virginia authorizes the governing body of any county to adopt an ordinance requiring the cremation or burial of deceased animals, and further authorizes the recovery of actual costs and a reasonable fee for such cremation or burial; and WHEREAS, the Board of Supervisors finds that the adoption of this ordinance will promote the public health, safety, and welfare of Roanoke County; and WHEREAS, the first reading of this ordinance was held on September 13, 2011 and the second reading was held on September 27, 2011. NOW, BE IT ORDAINED by the Board of Supervisors of Roanoke County as follows: 1. That Section 5 -33. "Disposal of dead companion animal" of the Roanoke County Code be amended to read and provided as follows: Sec. 5 -33. - Disposal of dead companion animal. The owner of any companion animal poultry, or livestock which has died from disease or other cause shall forthwith cremate or bury the same. If, after notice, the owner fails to do so, any nudge of of the general district court shall direct the community service Page 1 of 2 officer or other officer to bury or cremate the companion animal poultry_ — livestock and he may recover, on behalf of the county, from the owner his actual cost for the cremation or burial and a reasonable fee for this service. All sums recovered under this section shall be deposited to the community service animal impoundment account. In addition to recovery of costs and fees, any person violating the provisions of this section shall be guilty of a Class 4 misdemeanor. 2. That this ordinance shall be in full force and effect from and after its adoption. Page of ACTION NO. ITEM NO. E -5 V" AT A REGULAR MEETING OF rl - HE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: September 13, 2011 Ordinance amending Section 21 -73. "General Prerequisites to Grant" of Chapter 21. "Taxation" of the Roanoke county Code Paul M. Mahoney County Attorney COUNTY ADMINIST'RATOR'S COMMENTS: SUMMARY OF INFORMATION: This ordinance amends the provisions of the Roanoke County code which grants an exemption from real estate taxes to certain elderly and handicapped owners of real estate. This ordinance is requested by the Commissioner of the Revenue. The 2011 session of the Virginia General Assembly amended Section 58.1 -3212 of the Code of Virginia which established the local restrictions and exemptions for this exemption or deferral of real estate taxes. These amendments rewrote this section. In order to bring the County Code into conformance with this enabling legislation, staff is recommending that the Board consider and adopt this amendment to the county Code. This ordinance better defines "income" as being gross income that is subject to tax under federal income tax laws, regulations, rules or policies. Next this ordinance clarifies that total combined net worth includes the present value of all equitable interests. STAFF RECOMMENDATION: It is recommended that the Board favorably consider the adoption of this ordinance at first reading, and schedule second reading for September 27, 2011. Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 13, 2011 ORDINANCE AMENDING SECTION 21 -73 "GENERAL PREREQUISITES TO GRANT" OF CHAPTER 21. "TAXATION" OF THE ROANOKE COUNTY CODE, WHEREAS, the 2011 session of the Virginia General Assembly amended Section 58.1 -3212 of the Code of Virginia, which establishes the local restrictions and exemptions for the Elderly and Handicapped real estate tax program; and, WHEREAS, this ordinance brings the County Code into compliance with this enabling legislation; and WHEREAS, the first reading of this ordinance was held on September 13, 2011 and the second reading was held on September 27, 2011. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County as follows: 1. That Section 21 -73 of the Roanoke County Code be amended to read and provide as follows: Sec. 21 -73. - General prerequisites to grant. Exemptions provided for in this division shall be granted only if the following conditions are met: (1) That the total combined income, during the immediately preceding calendar year, from all sources, of the owner of the dwelling and his relatives living therein did not exceed fifty six thousand five hundred sixty -six dollars ($56,566); provided, however, that the first ten thousand dollars ($10,000) of income of each relative, other than the spouse of the owner, who is living in the dwelling shall not be included in such total. Page 1 of 2 "Income" shall include only those sources of .gross income that are subject to tax under federal income tax laws, regulations, rules or policies. (2) That the owner and his spouse did not have a total combined net worth, including the present value of all equitable interests, exceeding two hundred thousand dollars ($200,000) as of December 31 of the immediately preceding calendar year. The amount of net worth specified herein shall not include the value of the sole dwelling house and up to one (1) acre of land. (3) Notwithstanding subsection (1) above if a person qualifies for an exemption and if that person can prove by clear and convincing evidence that his or her physical or mental health has deteriorated to the point that the only alternative to permanently residing in a hospital, nursing home, convalescent home or other facility or physical or mental care is to have a relative move in and provide care for that person, and if a relative does then move in for that purpose, then none of the income of the relative or of the relatives spouse shall be counted towards the income limit, provided the owner of the residence has not transferred assets in excess of ten thousand dollars ($10,000) without adequate consideration within a three(3) -year period prior to or after the relative moves into such residence. 2. That this ordinance shall be in full force and effect from and after its adoption. Page 2 of 2 ACTION NO. ITEM NO. E -6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMIT'rED BY: APPROVED BY: September 13, 2011 Ordinance authorizing the granting of a ten (10) foot utility easement to Verizon Virginia Inc. on property owned by the Roanoke County Board of Supervisors (Tax Map No. 097.05- 01- 26.00) for the purpose of an underground communication system to the new South County Library, Cave Spring Magisterial District Joseph B. Obenshain Senior Assistant county Attorney B. Clayton Goodman County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Verizon Virginia, Inc. (Verizon) is requesting that Roanoke County grant them a ten (10) foot utility easement for the purpose of installing communication lines to the new South County Library. These will be underground lines that are located in the same area as the American Electric Power (AEP) easement. Attached is the Deed of Easement agreement with Verizon, including a drawing showing the proposed location of the easement. Staff has met with Verizon representatives onsite to determine the best location for the easement. FISCAL IMPACT: The easement will be granted to Verizon for one dollar. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends authorizing the granting of a ten foot utility easement to Verizon for the purpose of an underground communication line to the new South County Library facility. Page 2 of 2 AT A REGULAR MEE"T"ING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT - rHE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 13, 2011 ORDINANCE AUTHORIZING THE GRANTING OF A TEN (10) FOOT UTILITY EASEMENT TO VERIZON VIRGINIA INC. ON PROPERTY OWNED BY THE ROANOKE COUNTY BOARD OF SUPERVISORS (TAX MAP NO. 097.05-01-26-00) FOR THE PURPOSE OF AN UNDERGROUND COMMUNICATION SYSTEM TO THE NEW SOUTH COUNTY LIBRARY, CAFE SPRING MAGISTERIAL DISTRICT WHEREAS, Verizon Virginia Inc. ( Verizon) requires a permanent utility easement for purposes of providing communication service to the new South County Library; and WHEREAS, granting this utility easement for an underground communications systei is necessary for the operation of the new South County Library; and WHEREAS, the proposed utility easement to the South County Library 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 September 13, 2011, and a second reading and public hearing was held on September 27, 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 Verizon Virginia Inc. for a utility easement. 3. That donation to Verizon Virginia Inc. of a utility easement for purposes of an Page 1 of 2 underground communication system, as shown on a plat number BCC- 88879 -R and attached sketch "A" titled "Verizon Virginia Inc. Right -of -Way Plat" prepared by Verizon Virginia Inc., 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 necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. Page 2 of 2 Veri zon W. 0. No.:9Aa2661 ROW Tracking NoACC- 88879 -R VDOT Project No.: Parcel No.: A fter Recording Mail VERIZON VIRGINIA INC. 4843 OAKLAND BLVD ROANOKE VA. 24012 veriLn vcument Preogrg B VERIZON VIRGINIA INC. 4843 OAKLAND BLVD, RDA NOKE VA 24012 TAX MAP PARCEL. I.D. NO: 097.05 -01- 26.00 -0000 DEED OF EASEMENT THIS DEED OF EASEMENT made this day of , 2011, by and between Roanoke County Board of Supervisors, herein after called Grantor and VERIZON VIRGINIA INC., a Virginia corporation, its successors, assigns lessees and agents, herein after called Grantee WITNESSFTH: For and in consideration of One Dollar ($1.00) cash in hand paid unto Grantor and for other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby grants and conveys unto Grantee, its successors, assigns, lessees and agents, a perpetual non - exclusive easement and right of way (the "Easement "}to install, construct, operate, maintain, inspect, improve, relocate, alter, replace and remove a communication system consisting of such buried cable, buried wires, posts, terminals, pedestals, vaults, conduits, manholes, hndholes, and related above - ground facilities, including but not limited to, posts, terminals, location markers, cabinets, equipment housing, and other appurtenances (the "Facilities "), as Grantee may from time to time require, upon, under, across and over Grantor's real property being located in the County of Roanoke,. _Commonwealth of Virginia more particularly identified as Roanoke County Library, (the "Property") as shown and described on a plat identified as Exhibit "A ", numbered, BCC - 88879 -R attached hereto and made a part hereof (the "Easement Area "). Said Easement is hereby granted and conveyed tinto Grantee together with the following rights and covenants: 1 Grantee shall have the right of ingress and egress over, Upon and across the Property, including Grantor's private roads, to and from the communications system and Easement, including the right to temporarily open and close fences, for the purposes of exercising the rights herein granted. 2 Grantee shall have the right to trim, cut and remove trees, shrubbery, undergrowth and other obstructions within the Easement Area which Interfere with or threaten the efficient and safe operation, construction or maintenance of it facilities or impedes the access thereto. 3 The communications system constructed hereunder is and shall remain the Property of the Grantee, Grantee shall have the right to inspect, rebuild, remove, repair, remove and relocate its communications system, or any part thereof, within the Easement Area, and inay make such changes, alterations, substitutions, additions In and to or extensions of its facilities as it deems advisable without tlhe prior Consent of the Grantor. 4 All such rights shall be exercised In a I»anner as shall occasion the least practicable damage and inconvenience to Grantor. Sheet 1 of 5 Verizon W. 0. No.: 9A02661L ROW Tracking No.:BCC- 88879 -R VDaT Project No.: Parcel No.; 5 Grantor further grants unto Grantee, a Service Easement to the proposed improvement oil each lot now or hereafter created on the Property (the `Service Easement "). Grantee may select one location on each lot for the Service Easement. The Service Easement shall be ten feet (10') In width, the centerline of which shall be the communications system facilities as installed. 6 During periods of actual construction, Grantee shall have the temporary right to use Grantor's property lying adjacent to the Easement Area 7 Notice to Landowner: You are conveying rights to a public service corporation. A public service corporation may have the right to obtain some or all of these rights through exercise of eminent domain. To the extent that any of the rights being conveyed are not subject to eminent domain, you have the right to choose not to convey those lights and you could not be compelled to do so. You have the right to negotiate compensation for any rights that you are voluntarily conveying. 8 Grantor, its successors and assigns, may use said easement for any purpose not inconsistent with the rights hereby granted, including but not limited to, the right to construct and maintain private roadways, sidewalks, parking lots and fences within the Easement Area; provided such use does not interfere with the safe and efficient constl'L1Ction, operation or maintenance of the communications system or impedes access thereto and further provided that such use by Grantor is not inconsistent with any laws, ordinances or codes pertaining to the Construction, operation or maintenance of such communications systern and to Which Grantor is subject. 9 Grantee, its successors and assigns hereby agree to indemnity and save harmless Grantor, its officers, agents and employees from any and all clainis, demands, damages, including death, and liability of every kind and nature whatsoever that arise solely from the acts or omissions of Grantee in exercising its rights granted herein. 10 Grantee, its successors and assigns agree to relocate Grantee's facilities, at Grantor's expense, to a new easement, suitable to Grantee and provided or obtained by Grantor at Grantor's expense, at the request of the Grantor, provided, however, that the new easement is provided or obtained and Grantor provides Grantee notification of required relocation, in writing, at least ninety (90) days prior to required completion of relocatloll. 11 The Grantee, after Constructing, Inspecting or maintaining its faculties, shall restore the property as nearly as reasonably practicable to the Condition of the property existing immediately prior" to the commencement of the Fork to construct, inspect or maintain its facilities. Grantee shall be liable for all physical damages resulting from its own exercise of the rights granted hereunder, except where such damage is not attributable to the actions of the Grantee, including, but not limited to, those darnages resulting froill the forces of nature, and/or other Causes beyond the Control of Grantee; provided, however, that Grantee is Notified of any damage in writing by Grantor within thirty (30) days of Completion of Grantee's activity within the Easement Area. 12 Grantor covenants that it is seized of the Property and has the right to convey the Easement, rights and privileges herein conveyed to Grantee and that Grantee shall have quiet and peaceable possession, use and enjoyment of the aforesaid Easement, rights and privileges hereby granted. Sheet 2 of 5 Veriron W, 0. No.: 9AO2661 ROW Tracking No.:BCC- 88879 -111 HOOT Project No.: Parrcel No.: IN WITNESS WHEREOF, the following signature(s) and seals): Roanoke _ Mty Board of Supervis —o By: COMMONWEALTH OF VIRGINIA: Print Name Dianne-Hyatt Print Title: Assistant County Administrator Count IQL Of ; to wit: I, , a Notary Public in and for the jurisdiction aforesaid do hereby certify that Diane Hyatt with ROAKQKE County Administration did personally appear before me and acknowledge the foregoing writing dated in the jurisdiction aforesaid this day of 1 2011. My Commission expires: Notary Public Notary Registration Number: Sheet 3 of 5 Verizon W. 0. No.: 9AO2661 ROW Tracking No.:BCC- 88879 -R VDOT Project No.: Parcel No.: Sheet 4 of 5 Exhibit "A" SEE ATTACHED SKETCH - A Site Plan Reference: VERIZON VIRGINIA INC. OWNER: COUNTY: RIGHT -OF -WAY PLAT Roanoke County Board of Supervisors Attn: Diane Hyatt Roanoke TAX MAP NO. P. Q. Box 29800 097.05 -01 -26.00 -0000 -- - - - DENOTES IEANDIOR RM Roanoke, Va. 24018 MAGISTERIAL --------- LIMITS OF RIGHT -OF -WAY CONTACT TEL. NO.: 540- 776 -7190 E.A: Dan Shelton GRANTOR: SH E -W N -S Diane Hyatt NVSM PHONE NO.: 703- 063 -1941 - CENTRAL OFFICE: GRANTOR: PLAT NO. Cage Spring 9AO2661 BCC- 88879 -R Sheet 4 of 5 E-4 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: AGENDA rrEM: SUBMITTED BY: September 13, 2011 Ordinance to accept the conveyance of thirteen (13) parcels of unimproved real estate for the extension of Alcoa Road to the Board of Supervisors and to authorize the addition thereof to the State Secondary System of Highways, Vinton Magisterial District Arnold Covey Director of Community Development COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY of INFORMA'rIoN: This ordinance accepts the conveyance of thirteen (13) parcels of real estate and three (3) drainage easements to the Board of Supervisors of Roanoke County, Virginia, for roadway improvements to Alcoa Road, in the Vinton Magisterial District under the Rural Road Addition program: 1. Donation of 0.0931 acre of Roanoke County Tax Map No. 79.03 -05 -73 as shown on the plat attached hereto as "Exhibit A "; being a portion of the property conveyed to Terence L. & Angelia Ann Kelley by deed dated January 26, 1988, of record in the Clerk's Office, Circuit Court for the County of Roanoke, Virginia, Deed Book 1279, page 369. 2. Donation of 0.0422 acre of Roanoke County Tax Map No. 79.03 -05 -72 as shown on the plat attached hereto as "Exhibit B "; being a portion of the property conveyed to Lillian R. Conner by deed dated November a, 1947, of record in the Clerk's office, Circuit Court for the County of Roanoke, Virginia, Deed Book 373, page 320. 3. Donation of 6.0634 acre of Roanoke County Tax Map No. 79.03 -05 -71 as shown on the plat attached hereto as "Exhibit C "; being a portion of the property conveyed to James Adams and David Adams by deed dated June Page 1 of 4 30, 2004, of record in the clerk's office, circuit court for the County of Roanoke, Virginia, Instrument number 200400353. 4. Donation of 0.1092 acre of Roanoke County Tax Map No. 79.03 -05 -70 as shown on the plat attached hereto as "Exhibit D "; being a portion of the property conveyed to Dean H. Rorrer and Zola Mae Rorrer by deed dated November 1, 1971, of record in the clerk's office, circuit court for the county of Roanoke, Virginia, Deed Book 933, page 154. 5. Donation of 0.0070 acre of Roanoke County Tax Map No. 79.03 -05 -69 as shown on the plat attached hereto as "Exhibit E " ; being a portion of the property conveyed to Robert J. Wilhelm and Teresa J. Kessler by deed dated September 17, 1996, of record in the clerk's office, circuit Court for the County of Roanoke, Virginia, Deed Book 1520, page 1758. 6. Donation of 0.0694 acre of Roanoke county Tax Map No. 79.03 -05 -68.01 as shown on the plat attached hereto as "Exhibit F"; being a portion of the property conveyed to David L. Sink by deed dated April 17, 2005, of record in the Clerk's office, circuit court for the county of Roanoke, Virginia, Instrument number 200505492. 7. Donation of 0.0233 acre of Roanoke county Tax Map No. 79.03 -05 -67 as shown on the plat attached hereto as "Exhibit G "; being a portion of the property conveyed to Harry M. and Effie Marie Simmons by deed dated May 27, 1981, of record in the clerk's office, circuit court for the county of Roanoke, Virginia, Deed Book 1168, page 263. 8. Donation of 0.0787 acre of Roanoke county Tax Map No. 79.03 -05 -67 as shown on the plat attached hereto as "Exhibit H" for the purpose of a 20' Drainage Easement; being a portion of the property conveyed to Harry M. and Effie Marie Simmons by deed dated May 27, 1981, of record in the clerk's Office, circuit court for the County of Roanoke, Virginia, Deed Book 1168, page 263. 9. Donation of 0.0047 acre of Roanoke county Tax Map No. 79.03 -05 -67.01 as shown on the plat attached hereto as "Exhibit I "; being a portion of the property conveyed to Dean H. Rorrer and Zola Mae Rorrer by deed dated November 15, 1991, of record in the Clerk's office, circuit Court for the County of Roanoke, Virginia, Deed Book 1353, page 1296. 10. Donation of 0.1069 acre of Roanoke county Tax Map No. 79.03 -05 -67.01 as shown on the plat attached hereto as "Exhibit X for the purpose of a 20' Drainage Easement; being a portion of the property conveyed to Dean H. Rorrer and Zola Mae Rorrer by deed dated November 18, 1991, of record in the clerk's office, circuit court for the county of Roanoke, Virginia, Deed Book 1353, page 1296. Page 2 of 4 11. Donation of 0.0047 acre of Roanoke County Tax Map No. 79.03 -05 -55 as shown on the plat attached hereto as "Exhibit K "; being a portion of the property conveyed to Dean H. Rorrer and Zola Mae Rorrer by deed dated November 18, 1991, of record in the Clerk's Office, Circuit Court for the County of Roanoke, Virginia, Deed Book 1353, page 1298. 12. Donation of 0.0052 acre of Roanoke County Tax Map No. 79.03 -05 -55 as shown on the plat attached hereto as "Exhibit L "; being a portion of the property conveyed to Dean H. Rorrer and Zola Mae Rorrer by deed dated October 23, 1991, of record in the Clerk's Office, Circuit Court for - the County of Roanoke, Virginia, Deed Book 1352, page 133. 13. Donation of 0.0107 acre of Roanoke County Tax Map No. 79.03 -05 -54 as shown on the plat attached hereto as "Exhibit M "; being a portion of the property conveyed to Joe D. and Velma H. Moore by deed dated November 14 1984, of record in the Clerk's Office, Circuit Court for the County of Roanoke, Virginia, Deed Book 1215, page 523. 14. Donation of 0.1084 acre of Roanoke County Tax Map No. 79.03 -05 -54 as shown on the plat attached hereto as "Exhibit N" for - the purpose of a 20' Drainage Easement; being a portion of the property conveyed to Joe D. and Velma H. Moore by deed dated November 14, 1984, of record in the Clerk's Office, Circuit Court for the County of Roanoke, Virginia, Deed Book 1215, page 523. 15. Donation of 0.0120 acre of Roanoke County Tax Map No. 79.03 -05 -53 as shown on the plat attached hereto as "Exhibit O "; being a portion of the property conveyed to Kaye M. Garland by deed dated August 31, 2005, of record in the Clerk's Office, Circuit Court for the County of Roanoke, Virginia, Instrument number 200815945. 15. Donation of 0.0137 acre of Roanoke County Tax Map No. 79.03 -05 -52 as shown on the plat attached hereto as "Exhibit P "; being a portion of the property conveyed to Jeanette M. Baldwin by deed dated April 10, 1992, of record in the Clerk's office, Circuit Court for the County of Roanoke, Virginia, Deed Book 1371, page 1200. Acceptance of the aforementioned property is a necessary step in the process to get Alcoa Road accepted by the Virginia Department of Transportation (VDOT) into its secondary system of state highways as a Rural Addition roadway. Assuming this real estate donation is favorably accepted by the Board, this action will be followed by future efforts by the Board of supervisors and VDOT under the Rural Addition Program framework. Page 3 of 4 FISCAL IMPACT: None ALTERNATIVES: 1. Accept the donation of real estate and authorize the County Administrator, or Assistant County Administrator, to execute such documents as may be necessary to accomplish this acceptance. 2. Take no action at this time. STAFF RECOMMENDATION: Staff recommends Alternative 1. Page 4of4 S11W'050E Jr. .36' , $ WH ee zo 1s6.on 'I BENCHMARK j9l RAILROAD SPIKE I►N POWR PME X30,3- - 1,32 - A T NOR TN S DE OF INTFRSEVION OF MA *7ELD DR. AND ALCOA ROAD ELEV = 5W.00 N 11506.1497 E 16130.1109 JCCA[VC 1 1 C M. t5Al_uwlrV D.B. 1371, Pa 1200 AA T.• D. B. 7A PO 45 rAX Na 79. -5 -62 0.48 Ac. FA RIGHT OP -WA Y TO EEACQUIRED AREA= 4 053.60 S.P. 0.0931 AC. R =25.00' L= 46.62' D= 10651'02" T =33 69' CH =S41 '3326 "W CHORD DIST. = 40.15' PORTION OP EXISTING 20' PRESCRIPTIVE �XHIBI T ' A r EASEMENT TO BEACQUIRED PLAT SHOWING AREA= 1,969.39 S.P. 0.0452AC. RIGHT —OF —WAY BEING CONVEYED TO Ar-i V LOPOSED R f W V �. -! TEMPORARY CONSTRUCTION EASEMENT I STORY `w I'� u VfN n SIDED , 3 rr •r R I� (n PROPERTY OF JOE D. & � H MO[?RE KAYE M. GARLAND Qa 1214 PIS 525 INSTRUMENT Na 2W815946 PLA r• Qa 1044 PQ JW W Ma 7a05-5-64 0 ` 1 1 14 VE DA TA PLAT D.B. 449, PG. 188 1, AG TAX Na 79. -5 -63 r.[JRVF "rl" 1.16 Ac. BOARD OF SUPERVISORS, ROANOKE COUNTY BY TERENCE L. & ANGELIA ANN KELLY ROANOKE COUNTY TAX MAP PARCEL x#79.03 -05- -73.00 SITUATED ALONG ALCOA ROAD VINTON MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA SCALE 1"= 50' DATE: JULY 15, 2011 PREPARED BY ROANOKE COUNTY DEPARTMENT OF CONNUNPPY DEVEMPMENT j PROPERTY OF TERENCE L. & ANGELIA ANN KELLY / NEW TRACT B / D.B. 1279, Pa 369 / / P. B. 10, Pa 175 TAX No. n. 03 - 5 - 74 p1+alWM ar ULUAN R. CONNER +} � PROPER TY OF s `3 9 ;' W 0.61 Ac. pu ° n.�`a n4 Pc m o TAX Ma X03 - DTs ry �A TERENCE L. & ANGELIA ANN dW k / KELLY NEW TRACT A 10' TEMPORARY CONSTRUCTION � 1 ry Z D. B. 1279 PG. 369 EASE P B. 10, PG. 175 0 TAX No. 79.03 -5— 73 cv - ----------------- S11W'050E Jr. .36' , $ WH ee zo 1s6.on 'I BENCHMARK j9l RAILROAD SPIKE I►N POWR PME X30,3- - 1,32 - A T NOR TN S DE OF INTFRSEVION OF MA *7ELD DR. AND ALCOA ROAD ELEV = 5W.00 N 11506.1497 E 16130.1109 JCCA[VC 1 1 C M. t5Al_uwlrV D.B. 1371, Pa 1200 AA T.• D. B. 7A PO 45 rAX Na 79. -5 -62 0.48 Ac. FA RIGHT OP -WA Y TO EEACQUIRED AREA= 4 053.60 S.P. 0.0931 AC. R =25.00' L= 46.62' D= 10651'02" T =33 69' CH =S41 '3326 "W CHORD DIST. = 40.15' PORTION OP EXISTING 20' PRESCRIPTIVE �XHIBI T ' A r EASEMENT TO BEACQUIRED PLAT SHOWING AREA= 1,969.39 S.P. 0.0452AC. RIGHT —OF —WAY BEING CONVEYED TO Ar-i V LOPOSED R f W V �. -! TEMPORARY CONSTRUCTION EASEMENT I STORY `w I'� u VfN n SIDED , 3 rr •r R I� (n PROPERTY OF JOE D. & � H MO[?RE KAYE M. GARLAND Qa 1214 PIS 525 INSTRUMENT Na 2W815946 PLA r• Qa 1044 PQ JW W Ma 7a05-5-64 0 ` 1 1 14 VE DA TA PLAT D.B. 449, PG. 188 1, AG TAX Na 79. -5 -63 r.[JRVF "rl" 1.16 Ac. BOARD OF SUPERVISORS, ROANOKE COUNTY BY TERENCE L. & ANGELIA ANN KELLY ROANOKE COUNTY TAX MAP PARCEL x#79.03 -05- -73.00 SITUATED ALONG ALCOA ROAD VINTON MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA SCALE 1"= 50' DATE: JULY 15, 2011 PREPARED BY ROANOKE COUNTY DEPARTMENT OF CONNUNPPY DEVEMPMENT Adif f PROPER T Y OF 0%47 a� ��► � SFr ���NC TERE L PROP E [ A AVIV 1 11 LILLIAN R. GINNER boa. �� ,�,�, F .4 �n a . KELLY 1 D.B. 373, PG. 318 NEW TRAC B PLA T• D.B. 373, PG. 320 D.B. 1279, PG. 369 '' P.B. f0, PG. 175 TA X No. 79. 5 — 72 PROPERTY OF TAX No 79.03 ry 0 61 Ac. �' !� �8 A C. U �4� ., JAMES ADAMS & � NSMUA ENT Na DAD VI 040O� MIL[ WW loft loft % %%I ry D. 0. aK Pr& 152 qft ( Q :. f STORY BRICK HOUSE y PEA T..• Da aK PrA 154 rtir o.�s — 1 1.5330 �1.5330 Na -7r PROPERTY OF �� .'� 1 1 � 9? AAc. TERENCE L. & ANGELIA ANN 5 KELLY c S NEW TRACT A • f STORY D. B. 1279, PG. 369 ;' 1 ALUM. SIDED P. 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PORT /ON OFEX /ST /NG 20" PRESCRIPTIVE EASEMENT TO BEACQU /RED EXH /B /T "B" AREAS 558. f5S.F. 0.0128AC. PLAT SHOWING RIGHT —OF —WAY BEING CONVEYED TO BOARD OF SUPERVISORS, ROANOKE COUNTY BY LILLIAN R. CONNER ROANOKE COUNTY TAX MAP PARCEL #79.03 -05 -72.00 SITUATED ALONG ALCOA ROAD VINTON MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA SCALE: 1"= 30 ' DATE: JULY 15, 2011 PROPER 7Y OF "IXYDI'4N G� uLLUAN R . CONNER PROPER TY OF "1-47 ��, D.B 373, PG 318 `R Y 'WDMI�Vc PLAT D.B. 374 Pr 31 0 1 JAM ADAMS & (0-a. � AZ F c .4 �n� TAX Na 7Y. Gt3 - 5- 72 D.58 Ac. 1 DAVID ADAMS � INS TRUMENT No. 2004 nn353 (ML BOOK) 1 D. Be 806,, PG. 152 ,o Ii1 PL A T.• D.B. 806, PG. 154 s� .� TAX No. 79.0-5-71 ,c i CO) 9.92 Ac. 10' TEMPORARY CONSTRUCTION I PIPE FND BEARS EASEMENT S 85' 09' 00" W 1 1.48' FROU CORNE I STORY PROPOSED R/ ALUM. 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I3 Ac. f DEAN HARLEY RORRER & MORE E HOME ZOLA MAE RORRER ,3 4 15 �� D.B. 1352, PG t33 PROPERTY DE PLAT.• D.B. 1044 PG. 333 DEAN HARLEY RORRER & TAX No. 79.03 - 5 - 85 0.79 Ac. ZOLA MAE RORRER D.B. 1353, PG 1298 TAX No. 79.0-5-66 0.72 Ac. RIGHT-OF- WA Y TO BE'ACQUIRE'D AREA = 2, 7 3. f 0 S.F. 0.0 34AC. jXHIBI7" 1r c11 PLAT SHOWING EASEMENT TOBEACQU /RED RIGHT —OF —WAY BEING CONVEYED AREA= 773.61 S, F. 0. 0 f 78 A c. TO BOARD OF SUPERVISORS, ROANOKE COUNTY BY PORTION OF EXISTING 20 PRESCRIPTI VE JAMES ADAMS & DAVID ADAMS ROANOKE COUNTY TAX MAP PARCEL #79.03 -05-71.00 SITUATED ALONG ALCOA ROAD VINTCN MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA SCALE: 1 "= 30' DATE: JULY 15, 2011 PREPARED BY ROANOKE COUNTY DEPARTMENT OF COKWUNITY DEVELOPMENT PROPERTY OF JAMES ADAMS & DAVID ADAMS ►NSIRUMENT Na 200400353 (WLL BOOK) D.B. 806, M 152 Pi AT..• D.B. Bab, PG. 154 TAX No. 79.03-5-71 T or 01 " ► � or y� 10' TEMPORARY CONSTRUCTION EASEMENT i STWY Ak OA1. 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KESSLER D. B. 152, P& 1758 PIATDBBinpr. i5n — L --- - - - - -- ^ ^ Z .74e \ —PROPOSED EP BARBED 10" TEMPORARY CONSTRUCTION MIRE FENCE EASEMENT PROPERTY OF HARRY M. & EFFIE MARIE SIMMONS D.B. 11 6 PG. 263 PLAN Na 2375 TAX No. 710 -5 -67 11.69 Ac. EXH /B /T "O" PLAT SHOWING RIGHT —OF —WAY BEING CONVEYED TO SUPERVISORS, ROANOKE COUNTY BY DEAN RAREFY RORRER & ZOLA MAE RORRER ROANOKE COUNTY TAX MAP PARCEL #79.03 -05-70.00 SITUATED ALONG ALCOA ROAD VINTON MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA SCALE: 1 "= 50' DATE: JULY 15, 2011 PREPARSD BY ROANOKE COUNTY DEPARTMENT OF CO10(UNffY DEVELOPMENT AfCAYD14N ar err � R�`r W P C 00r CM) a , PROPERTY OF J� RQBERT J ELh�i & . WILH PROPERTY OF TERESA J. KESSLER ,x.3514 DEAN RAREFY RaRRER � D. B. 1520, PG. 1758 1 PLA T.• D.S. 810, PG. 150 +�► s D.B. 933, PG. 154 p TAX No. 79.03-5 -69 rywr s Ar TAX No. 79.03-5-70 0.46 Ac. �y ti 1.5 Ac ! 1 STORY �► ` PROPERTY OF • ! �► DAVID L. SINK VINYL SIDED ' INSTRUMENT No. 200805492 •$ 13504 PLA T D. 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TV 24 ' 60 E TAX No. 79.0.3 — 4.1 + II I + RAILROAD SWE IN POWER POKE asg' FRm ca�R 10' TEMPORARY CDNSTRIJCTIoN 5 -67 �r71 I ,30J- 137 -384 ON EAST SIDE EASEMENT 11.69 Ac � I � I � AT THE END OF ALCOA ROAD RIGHT -OF - WA Y TO BEA GQUIRED N 10 2 6- 20 229 4 4 P E 16360.4516 AREA 304.50 S.F. 0.0070 AC. o 15 PORTION OFEXISTING 20 r PRESGRIFTI YE EXHIBIT rrE'rr EASEMENT TG BEAGQUIRED PLAT SHOWING RIGHT - OF - WAY BEING CONVEYED AREA 1,493.67S.F. Q. Q344Ac. TO M R= 75.00' L= 29.40' D= 6772'46' T- -16.67' CH =S45'..3'78 CHORD DIST. =27.7.3' w R= 40.00' L= 16.74' D =2376'08" T--B 24' CH= S83.30'120E CHORD DIST. = 16.1.3' w ^2 w R= 40.00' L= 114.57' D= 164'06'.34 w T =786.60' CH =NO2a48'27wE CHORD DIST. = 79.7.3' I it R=40.00' L =1804' D= 2550'28' T =9.18' CH= 08 CHORD DIS T. = I Z 89' BOARD OF SUPERVISORS, ROANOKE COUNTY BY ROBERT J. WILHELM & TERESA J. KESSLER ROANOKE COUNTY TAX MAP PARCEL #79.03 -05 -69.00 SITUATED ALONG ALCOA ROAD VINTON MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA SCALE: 1"= 30' DATE: JULY 15, 2011 PREPARED BY ROANOKE COUNTY DEPARTMENT OF C010[IJNffY DEVELOPMENT PROPERTY OF ROBE J. WILHE LM & TERESA J. KESSLER ' D.B. 1520, PG 1758 PLA T D.B. 810, PG. 150 ��"► TAX No. 79.OJ -5 -69 • 0.46 Ac. 1 STORY► PR OPER �► HN IZ SIDED INSTRU►61EN B x.3.504 PLA T D. TAX No. 1 s ► comc S/w PROPOSED R/ W i � 1 i 10' TEMPORARY�� 1 i � 1 CONSTRU ti ► n EASEMENT r 1 ' CI i • _ S11 9 52'05 "E 90.21 ' /7,15' ; 2 �, nn! 1111111 ,3.90' y I STORY 'VgW&4 VIN YL SIDED �1 T or �'!R 13514 90 00' ��' Gig` r 'Ay 0* s IPF �a.B 11049 f F 'Rn�v ar W �j NC CQ 5 0 IPF BEARS r� DAY Ty OF S 76' 51' 57" W c ; ID L. SINK 04o, FROm GARNER ^ PROPERTY OF T Na. 200805492 HARRY LESTER POFF i D.B. 1585, PG 212 . 16.38, PG. 1728 �� N� P. B. 20, PG. 18.3 79.03 -5 -68.01 TAX No. 79.0.3 -5 -68.03 45 Ac. 1 p POWH PROPOSED EP ; N #.35.34 IPF �_- ' -���� L I Nk. '\ L Cam• � ` �_ � .! I J I 1 I '"�A 1 I � 1 BM 1 1i 11 v 6 iep* 1 . 9 4 10.42" , r� • S 78'J7'2r W • 4 IPF Hof _ y 15.50' 1, �= . . .,{� � � �.s rw r.� w+ rr r� ara'rM�'�Y ►Ti ► r � ► � • • • • - • • + . • ► . ° i r . ®. a c.. � : � _ : ; � r .� � � - �r /y��[� &9/�.�yj�/�r(�J�(�{xyT�! • _ .� _ a - 9 1 A •} < S' 6 . . a o r . r r .. - . n PREsc w ` �L�I'R 1r+ N. m���.p� .• . g n Sr • . 1 . . ° i� ., a ..,�.` •ma _ — x — x x x x r _ r -- I PROPERTY OF � HARRY M. & Q Z I PROPOSED R/W EFFIE MARIE SIMMONS W I .I l t D.B. 1168, PG 26J L PLAN No. 2.375 Q I I I BENCHMARK � TAX No. 79.0-5-67 + RAILROAD SPIKE IN POWER PONCE 11.69 Ac. I #30.3 -1.32 -364 ON EAST SIDE AT THE END OF ALCOA ROAD s' ELEVA 77 ON = 462. N 10426.2204 E 16360.4516 RIGHT-OF -WA Y TO BEACQUIRED AREA 3, 030.S7S.F. o. o694Ac. PORT /ON OFEXISTING 20'PRESCR /PT /VE PLAT SHOWING RIGHT -OF -WAY BEING CONVEYED TO SUPERVISORS, ROANOKE COUNTY EASEMENT TO BEACQUIRED AREA= 1,690.90 S.F. " R =25.00' L =29.40' D =6772'46" T =16.67' CH= S45'3.3 :28 "E CHARD DIST. =27.7.3' "C2" R= 4Q OD' L =114.57' D =164 V6',34' T =286.60' CH= NO2'46'27 CHORD DIST. = 79.2,3' "C3" "C4 OF R =4aoo R =40.00' L =16.24' L=18.04' D =2376'08" D= 255028" T =8.24' T =9.18' CH =S83'30'12 "E CH =558".56'54 "E CHORD DIST. = 1 6 1.3' CHORD DIST. =17 89' ROANOKE COUNTY TAX MAP PARCEL #79.03 -05 -68.01 SITUATED ALONG ALCOA ROAD VINTON MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA SCALE: 1 "= 30' DATE: JULY 15, 2011 PREPARED BY ROANOKE COUNTY DEPARTMENT O F COMMUNITY DEVELOPMENT 0.0388 Ac. BOARD OF ow r � la o l a. { WELL HOUSE 1 Ls EXISTING 12' ROAD RESERVE P. B. 20, PG 183 APPROXIMA TE LOCA TIOIN OF 15' STRIP OF LAND FOR THE PURPOSE OF ROAD WDENING (DA 1636, PG 1728, D.B. 810, PG. 150) EXHIBIT "F" BY DAVID L. SINK µ � mow. PROPER OF e 4 "12 C A ►�qQ ROBERT J. WILHELM & , TERESA J. KESSLER sue Famoerr or 0 B. 1520, PG 1758 wim so If �; IMF HARRY LESTER POFF a PLA r.• D.B. ero, PO rso " M ft At `y TAX No. 79.03 -5 -69 hN ,� h 0.46 Ac / t\5c TAX M 79 P C to ,�/ �, 1 s vffr j ry PROPERTY OF OF SEARS DEAN HAR B EY RORRER ' 3 .$ l� y DAVID L. SINK � � � � s ."� 1NSTRUME]'� T Na 20 OS492 CWWX 0. 8. 933, PC 154 s PLAT D.B. x6.34 PC x728 �,` TAX No. 79.0 � TAX No, 79.03 - 5 - 6& 0 , Nut, 1.5 Ac Z��? �- 0.45 Ac AFF � i PROPOSED R/W . A AFr RV SEARS PROPOSED EP acv' Aa+ar I ■ NOW A / , rei MAX S11 '52'05 'E 4 1 010 1 1BiB. �r BARBED W + WRE fENCE Q _ r- 'v 5 ry � PROPERTY OF DEAN HARLEY RORRER & ZOLA MAE RORRER D.B. 13W, PC 1296 TAX Na 79.03 -5 -67.01 0.57 Ac. 296 65 $11'52'05'1 90.21 17.11 _ *, __ #F _ I *. OF l J � fr a _ a x � . » e � a m � � x a s r..r. � �� �s � x . � . e . r r � . x x n — _' ��' = - � � � 1• b S1 1 1 52'05'E 273 01 ` ` r �__ _ p _ - r - � ROPOSED EP PROPOSED Ft/VY 2 � Coll I W 10' TEMPORARY CONSTRUCTION + I EASEMENT Q =e tu PROPER T Y OF HARRY M. & EFFIE MARIE SIMMONS �O+ D. B. 1168. PG. 26J ry 20 ',., PLAN No. 2375 TAX No. 79.03 -5 -67 11. 69 Ac. Ku p HOUSE �! EXISTING 12' ROAD RESERVE P. B. 20, PO: 183 APPROMMA TF LOCA TION OF 15' STRIP OF LAND FOR THE PURPOSE OF ROAD WDENING (D.8 108, Pa 1724 D.B. 810, PC 150) CURVE DATA 1 -1 1RV7~ "r1 " Em RIGHT -OFLWA Y TO BE AGQUIRE'D .4REAA� 10 15.92 S.F. a. a233AC. PORTION OF EXISTING 2a' PRESCRIPTIVE EASEMENT TO BEACQUIRE'D AREA � 4,936.41 S. F. 0.1133 AC. R=40.00' L= 24.08' 0= .3479'.31 T =12.42' CH- S2846 *56 L +� CHORD DIST.. =21 72' R= 40.00' L = 16.24 * D= 2376'08' T =a24' CH= S83 '3a'12T CHORD DIST. =161 EXHIBIT "G" PLAT SHOWING RIGHT — OF — WAY BEING CONVEYED TO BOARD OF SUPERVISORS, ROANOKE COUNTY BY HARRY M. & EFFIE MARIE SIMMONS ROANOKE COUNTY TAX MAP PARCEL #79.03 -05 -67.00 SITUATED ALONG ALCCA ROAD VINTCN MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA SCALE: 1"= 50' DATE: JULY 15, 2011 PREPARED BY ROANOKE COUNTY DEPARTMENT OF COMMITNITY DEVELOPMENT S11 '52'05 'E 4 1 010 1 1BiB. �r BARBED W + WRE fENCE Q _ r- 'v 5 ry � PROPERTY OF DEAN HARLEY RORRER & ZOLA MAE RORRER D.B. 13W, PC 1296 TAX Na 79.03 -5 -67.01 0.57 Ac. 296 65 $11'52'05'1 90.21 17.11 _ *, __ #F _ I *. OF l J � fr a _ a x � . » e � a m � � x a s r..r. � �� �s � x . � . e . r r � . x x n — _' ��' = - � � � 1• b S1 1 1 52'05'E 273 01 ` ` r �__ _ p _ - r - � ROPOSED EP PROPOSED Ft/VY 2 � Coll I W 10' TEMPORARY CONSTRUCTION + I EASEMENT Q =e tu PROPER T Y OF HARRY M. & EFFIE MARIE SIMMONS �O+ D. B. 1168. PG. 26J ry 20 ',., PLAN No. 2375 TAX No. 79.03 -5 -67 11. 69 Ac. Ku p HOUSE �! EXISTING 12' ROAD RESERVE P. B. 20, PO: 183 APPROMMA TF LOCA TION OF 15' STRIP OF LAND FOR THE PURPOSE OF ROAD WDENING (D.8 108, Pa 1724 D.B. 810, PC 150) CURVE DATA 1 -1 1RV7~ "r1 " Em RIGHT -OFLWA Y TO BE AGQUIRE'D .4REAA� 10 15.92 S.F. a. a233AC. PORTION OF EXISTING 2a' PRESCRIPTIVE EASEMENT TO BEACQUIRE'D AREA � 4,936.41 S. F. 0.1133 AC. R=40.00' L= 24.08' 0= .3479'.31 T =12.42' CH- S2846 *56 L +� CHORD DIST.. =21 72' R= 40.00' L = 16.24 * D= 2376'08' T =a24' CH= S83 '3a'12T CHORD DIST. =161 EXHIBIT "G" PLAT SHOWING RIGHT — OF — WAY BEING CONVEYED TO BOARD OF SUPERVISORS, ROANOKE COUNTY BY HARRY M. & EFFIE MARIE SIMMONS ROANOKE COUNTY TAX MAP PARCEL #79.03 -05 -67.00 SITUATED ALONG ALCCA ROAD VINTCN MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA SCALE: 1"= 50' DATE: JULY 15, 2011 PREPARED BY ROANOKE COUNTY DEPARTMENT OF COMMITNITY DEVELOPMENT PROPER T Y OF HARRY M. & EFFIE MARIE SIMMONS �O+ D. B. 1168. PG. 26J ry 20 ',., PLAN No. 2375 TAX No. 79.03 -5 -67 11. 69 Ac. Ku p HOUSE �! EXISTING 12' ROAD RESERVE P. B. 20, PO: 183 APPROMMA TF LOCA TION OF 15' STRIP OF LAND FOR THE PURPOSE OF ROAD WDENING (D.8 108, Pa 1724 D.B. 810, PC 150) CURVE DATA 1 -1 1RV7~ "r1 " Em RIGHT -OFLWA Y TO BE AGQUIRE'D .4REAA� 10 15.92 S.F. a. a233AC. PORTION OF EXISTING 2a' PRESCRIPTIVE EASEMENT TO BEACQUIRE'D AREA � 4,936.41 S. F. 0.1133 AC. R=40.00' L= 24.08' 0= .3479'.31 T =12.42' CH- S2846 *56 L +� CHORD DIST.. =21 72' R= 40.00' L = 16.24 * D= 2376'08' T =a24' CH= S83 '3a'12T CHORD DIST. =161 EXHIBIT "G" PLAT SHOWING RIGHT — OF — WAY BEING CONVEYED TO BOARD OF SUPERVISORS, ROANOKE COUNTY BY HARRY M. & EFFIE MARIE SIMMONS ROANOKE COUNTY TAX MAP PARCEL #79.03 -05 -67.00 SITUATED ALONG ALCCA ROAD VINTCN MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA SCALE: 1"= 50' DATE: JULY 15, 2011 PREPARED BY ROANOKE COUNTY DEPARTMENT OF COMMITNITY DEVELOPMENT PRAPERTY PROPERTY OF ■ � , HARRY AffalEVY LEFMR�PQFF s� � DAVID L. SINK ► as 13M PQ 212 DEAN HARLEY RORRER 154 A �' W INSTRfJ�L1EIVT Na 200805492 ` PA P4 PSG w D.B. 93,3, PG. `Ir : � �► = r�x �,► laau- a-�to� ,b , PLAT.• D.B. 16.38, PG. 1 728 �,, ,.D k ]Q�}. �']►,g,� TAX Na 79.03 -5 -70 ,� �� aarc 1� TAX No 79.0.3 5 - 6a01 (oB. �p ''� F � '� ►9Ap�p i.5 Aa ' — `� ♦ .'�5� a f5 Ac. t 1p iii) wLnw i2r, Aff FNP AURS sra4'NOE PROPOSED EP dW' Fav COMWV 'D S11 - 52 1 057 - 296:65' �•�' '� PROPOSED R I '3 ROBER� ILHELM & TERESA J. K�SSLER •� ". D a 1520, Pa 1 475�B f i t PLA T D.B. 810, P G' 150 I �oviv TAX Na 79.03 -5 -�9 r bc S 6 5205E 90.21 7. i p � Apr — FF Tr WXw cp S1 152'05' 219.16' _ _ _ ` — — — Si i �2' — 3a B5' - - !� III , � -- PROPOSED EP PROPOSED R/W 5128 �5 E ++ x �, - BAR6�ED + Aa I HOU WRE ffNCE 10' TEMPORARY CONSTRUCTION I EASEMENT I EX1SUNG 12' ROD RESERVE i r :% PROPER T Y OF h � ~h ry HARRY M. & g" EFFIE MARIE SIMMONS {' I 1 1� P I D.B. fiB, G. 2fi3 - - PLAN No. 2375 W� TAX No. 79.03 -5 -67 �!� �' ke. 11.69 ac. W 20 PROPERTY OF DEAN HARLEY RORRER & q I ZOLA MAE RORRER vj cl as. im x PG. i296 TAX Na 79.0-5 -6701 A 3 a57 Ac. wa TER �' DR.41NA GE' EASEMENT.4REA = 04 l p V 1 � COURSE �y 4,s92.s1 S. F 0.1077AC. 5 re. ° CURVE DATA � C URVE "Cl" CURVE C2 �� � ��■� R =4aOO' R =4aOO" 73 ' L= 24.08' L=16. N12•41'22'w 0= 3429'31 ' 0= 2376'08' r=12.42' T=a24' 15'1 CH= S28.4656� CH= S63.30'12sE r--� CHORD DIST. =2.3 72' CHORD DIST. =16. IX 0��ffi I EXHIHIT "H" P.B. 20, Pa 183 X X PLAT SHOWING DRAINAGE EASEMENT BEING CONVEYED TO SUPERVISORS, ROANOKE COUNTY BY -- zo' BOARD OF HARRY M. & EFFIE MARIE SIMMONS ROANOKE COUNTY TAX MAP PARCEL #79.03 -05 -67.00 SITUATED ALONG ALCOA ROAD VINTON MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA SCALE: 1"= 50' DATE: JUNE 13, 2011 PREPARED BY ROANOKE COUNTY DEPARTMENT OF COKWUNITY DEVELOPMENT '~R �� .�yo dos 104 PQ �' �" or � C. PROPER TY OF DEAN HARLEY RORRER ql c4 10' TEMPORARY CONSTRUCTION D. B. 933, PG. 154 EASEMENT TAX No. 79.0-5-70 1 1.5 Ac. 1 SroRY AL U M. SIDED 10' ROCK WALL 0424 PLAN TER - --_ - _____� _ -__; PROPOSED R/W _ - -f PAWL G1dVC s r 1 GRA VEL I I I r � DRI W ' S11 S ,' *52 '05 "E 296.65' � 11�������rillli1111 I - 3 e - - ^ "S .. �� A +T Tr w� + .'F T. T�T� �R !� �r rr �w TT•+1+� + �. �- rn .... �- « - � -��F � 9 .. F+ f+ .� - --------- - - - - -- -- @mLm -- -- - -� — --------- - - - - -- S 1 1 52 05 E 100-00 99.96 I ! IP X --- - - - - -- -- _______ --- GRAVEL - � ```,�,�'� v� I VERIZON DRIVE —ter1 ' �11 POLE -1 PROPOSED EP = ° 11 II -r -- -__- v - ,---------- - II ,�� BARBED s L WE'L `�L (a �D I I WRE FENCE HOUSE , ) Z I 1 1 S TOR Y � PROPER TY OF � I I I � PROPER 7Y OR MO9ILE HOVE DEAN HARLEY RORRER & � HARRY M. & ,f.3415 W I EFFIE MARIE SIMMONS PROPERTY OF �, ZO LA M AE RO RRER W, 0 D.B. 1168, PG 26.3 DEAN HARLEY RORRER & T ' D. B. 1353, PG. 1296 z I PLAN N 2375 _ TAX No. 79. 0-5-67 ZOLA MAE RORRER z T TAX No. 79.0-5-6701 0 11.69 Ac. D. B. 135.3, PG. 1296 v TAX No. 79 0.3 -5 -ss 0.57 Ac. D 72 Ac. � RIGHT -OF1WA Y TO BEACQUIRED AREA = 204.77 S.F. 0. Do47AC. PORTION OFEX /ST /NG20'PRESCR /PT /VE EXHIBIT"/" EASEMENT TO BEACQU /RED PLAT SHOWING AREA= 1,760. tSS.F. 0.0404AC. RIGHT -OF -WAY BEING CONVEYED TO BOARD OF SUPERVISORS, ROANOKE COUNTY BY DEAN HARLEM RORRER & ZOLA MAE RORRER ROANOKE COUNTY TAX MAP PARCEL #79.03 -05 -67.01 SITUATED ALONG ALCOA ROAD VINTON MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA SCALE: 1 "= 30' DATE: JULY 15, 2011 PREPARED BY ROANOKE COUNTY D of COMMUNITY DEVELOPMENT I STORY 10' ROW WALL PROPERTY OFF 10' TEMPORARY CONSTRUCTION ALUM. SI PLAN TER DEAN HARLEY RORRER EASEMENT •S� + r - -T � � — ` _D B. 933, P6 154 r PROPOSED R/W TAX No WT- -k auyo,p A , q� "�' 1.5 Ac sm „�' S1152'05"E 296-65" �sr��. «ceaead �, �,. �■ ■mg or l ly 7' ��© �,� CO -- — — _ - - -�-- — -- - - -� - - - - - — — -- S11 =2'05"E 100-00 S11 W 05T 84.96' 'F 2 J2' 99.96 q52 `05 VERI ZON G RA VELD 51 0.00' AE I I POLE DRI VE b r PROPOSED EP - - — — — — -- -}. I BARBED WRE FENCE HOUSE I I 1 S70RY � I MOBILE HOWE b 1341 � r o PROPERTY OF HARRY M. & EFFIE MARIE SIMMONS PROPERTY OFF v, D.B. 1164 PG. 263 DEAN HARLEY RORRER & PLAN No. 2375 ZOLA MAE RORRER + TAX No. 7Y.03 -5-67 PROPERTY OF I D. B. 1353, PG. 1296 ! 11.69 Ac DEAN HARLEY RORRER & TAX No. 79.0 5 - 67.QI ZOLA MAE RORRER g 0.57 Ac I " D.B. 1.35.3, PGA 1296 TAX Na 7903 -5 -66 K 0.72 Ac ^ Y W � 2 f & 1 ■W h �I I �® II � I� I DRAINAGE EA SEMEN TA►R'EA� x,197.96 S. F, 0.1423AC. I I a 20 I WA TER I I ~ I COURSE IX I r I �� I I 11 11 20.00 EXHIBIT — — — — N11 PLAT SHOWING 20' DRAINAGE EASEMENT BEING CONVEYED TO BOARD OF SUPERVISORS, ROANOKE COUNTY BY DEAN HARLEY RORRER & ZOLA MAE RORRER ROANOKE COUNTY TAX MAP PARCEL #79.03-05-67.01 SITUATED ALONG ALCOA ROAD VINTON MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA SCALE: 1"= 50' DATE: JUNE 13, 2011 PREPARED BY ROANOKE COUNTY DEPARTWM OF COMMUNITY DEVELOPMENT PROPERTY OF JAMES ADAMS & DAVID ADAMS INSTRUMENT No. 200400353 (WILL BOOK) D.B. 806, PG. 152 PLA T D.B. 806, PO 154 TAX No. 79.03-5-71 0.92 Ac. PROPOSED R/W S11 "52'05 "E ORO ci sr , tv ,C 0..a LLI,4,y *NG A pa?) or OpI JLXV ► PROPERTY OF ► 10' TEMPORARY CONSTRUCTION DEAN HARLEY RORRER EASEMENT D.B. 933, PG. 154 TAX No. 79.03 -5 -70 1 1.5 Ac. 1 1 STORY ALUM. SIDED 10" ROCK WALL 13424 PLAN TER Pcww -- - -____ -- - - - - -- - - -— - -- ` PROPOSED EP cow s GRA WL �� ,,� 511 '52 05 E 296.65" &Ile f r HIM r j/z,rzzl f,A,0r. 405 ", S11 *52'05"E 11000, e : " m v * ' S11 52'05 "E 100 00' � I N "— 2.49' S1 f 52'05"E 99.96' N I .?.�7' n I I —_ —__ _ t j VERIZON 1 POLE ~ 1 ~ 1 --- _ _ - _ _ _ _ _ - - - - - ~ po" g WELL I I HOUSE L_____r ___I 1 STORY p MOBILE HOME � � PROPER TY OF #,3415 PROPER TY OF DEAN HARLEY RORRER & 3 PROPER TY OF DEAN HARLEY RORRER & ZOLA MAE RORRER $ DEAN HARLEY RORRER & ZOLA MAE RORRER D.B. 1352, PG. 133 cy 3 D.B. 1353, PG. 1296 PLAT D.B. 1048, PG. 333 i m ZOLA MAE RORRER $ TAX No. 79.03 -5 -6701 TAX No. 79.43 -5 -65 0.57 Ac. 0 79 Ac D.B. 1353 PG. 1296 m TAX No. 79.0.3-5-66 n. 72 Ac. Eu RIGHT --DF- WA Y 7 BE A CQUIRED .4RF 4 ,205. f 6 S.F. D. 0047A c. PORT/ON OF EXISTING 20'PRESCRIPTIVE EXH IB I T "K" EASEMENT TO BEACQUlRED PLAT SHOWING AREA= 1,742.04S.F. 0.0400 AC. RIGHT -OF -WAY BEING CONVEYED TO BOARD OF SUPERVISORS, ROANOKE COUNTY BY DEAN HARLEY RORRER & ZOLA MAE RORRER ROANOKE COUNTY TAX MAP PARCEL #79.03 --05- -66.00 SITUATED ALONG ALCOA ROAD VINTON MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA SCALE: 1"= 30' DATE: JULY 15, 2011 PREPARED BY ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 4i ~•`00 PROPERTY OF 0. a 1 0`��� F. R P AQTjGhI �- Su 4 7 ^ JAMES ADAMS &f ' DAVID ADAMS (0) INSTRUMENT No. 200400353 (WLL BOOK) 1 p1 h D.B. Bab, PA 152 � PLA T D.B. 806, PG. 154 TAX No. 79.03-5-71 a92 Ac, 1 1 1 1 TEMP. CONS r. EASMT. 1 1 ST 1 1 ALUM. SIDED ' • PROPOSED R/W 1 a� PROPOSED EP S/w cow S11 @52'05T 1 PIPE FWD BEARS r �� ; �;r�� j 177.29' " ` S 65 09' 00 11111 1111 i 1.48' FROM CORNER _ °, R , IPF AT 1.11' — — � — _ a e s �� r w *^r - , w " � 3 n J W a �% s A���$ A• 3 O a w• .. f a .g g B 6 � ' - ' g v a x n W �. R •� �.�. rr �r � d 1,1 ..6 J6 fij J6.f is .169 al l i.a r.. :.r rT �T rr .�.+ —rte �. �•. « « ..r ara�.+w�.�.r i.r Ira: N ` �- — _ � _ ,- 8��.� � .... ._ ..te ,- �_- •���, -�`— � >° r.w __- -_- -_— ��� a° w a�x �ss��s� �f d .. a • . . c « w ai S11 *52 05 E 1 r a - ��� J S 11 52 1 05 1 E 100-00 i4 �tmw. ° .,. /jg — -- ---------- - - - - -- r �.r .�......... — r 2 67 y. .�� b Ya��....... IRAN ROD FND BEARS �~� _-- - - - - -- — ---------- - - - --- S 84 34' ma W 0.53" FROM CORNER r! i POMN 1 112 S TOO? Y i PROPER T Y OF 1 3 ____ � _.-� -� 1 s TOO? r eRl � -- $ DEAN HARLEY RORRER & M06I 1 HOME PROPERTY OF '� 13339 JOE D. & VELMA H MOORE ZOLA MAE RORRER 3 PROPERTY OF D.B. 1 PG. 52.3 � DEAN HARLEY RORRER & PLAT D.B. 1048, PG. 333 i D.B. I J52 PG. 1JJ :! 1 ,2 ZOLA MAE RORRER TAX No. 79.0.3 -5 -64 PLA T: D.B. 1 048, PG. JJJ O D B. 1,35.3, PC. 1296 1. 13 Ac. TA No. 79.0- TAX No. 79.03 - 66 72 Ac. o. Q. 79 A c. rm RIGHT -4F -WA Y TO BEACQUIRED .AREA = 225.53 S.F. 0.0052 Ac. PORTION OFEXISTING 20'PRESCR /PT /VE EXHIBIT "L" EASEMENT TOBEACQU /RED PLAT SHOWING AREA= 1,895.86S.F. 0.0435AC. RIGHT -OF -WAY BEING CONVEYED TO BOARD OF SUPERVISORS, ROANOKE COUNTY BY DEAN HARLEY RORRER & ZOLA MAE RORRER ROANOKE COUNTY TAX MAP PARCEL #79.43 -45 -65.44 SITUATED ALONG ALCOA ROAD VINTON MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA SCALE: 1"= 30' DATE: JULY 15. 2011 PREPARED BY ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT PROPERTY OF � TERENCE L. & ANGELIA ANN /t, KELLY S1105� 05 E a .. Y n�., NEW TRACT B , D. B. 1279, PG 369 PROIPERTY OF P B. 10, PG. 175 c A R �'��'Y TAX No. 79.03-5— 74 It 0.61 Ac. , TY a 1� C A ,a 1 • �aB, f; 9 nGi �. ' 1 N roy� ft DEAN HARLEY RORRER & �4► PROPS rY OF j� TERENCE L. & ANGELIA ANN - KELLY 1 112 STORY new n?ACr A VINYL 90EO 33 D.B. 12'9, PC 369 ar: PROPERTY OF P f a Pal?7S W Na Nay -5-73 AN 1 STORY BRI HOUSE PROPOSED R /w 40' -18' RCP 254.00" IPF QI— 119.36 S11 X52 05 E 177.29 15 . �° . x IIIII�iRR� 11 I , a ., m r � eu u i j ■J ■ � '$ � <. � � � k�as Y ; �' .b .'" - � - ., x .. �, . ., . r ... — . � _ _ _ a .d w� a r � ^ war^ .. .. � rc ., , k � A'� � � % • h �' • � � � h m xe' x � h 7 3 b a' S , y a r c. � � ., ,x , ce , ,• , , c � » w N r v . � {' • • a A am 's �t� n a e >. , — —'�"�� T ,'� �'^ <��� T! •� .�'•.��"�"�"�"�} T� �� • 3Ti7"�"�TP t^ "� �� �! rT '�� �f� T7 . �T�T� �� f an TRH ' }! / u - Po � � sd P tl � � 8 � # •r N a � � � � S a 4 f' � °Y ffi F 1■ e i a . i 4 Y l � .. 4 E � ffi w � � t ! � 4 ffi � � � ' b ^. 6 ffi ,� � .�5 ��a� �NSLn � M 0 � i s � 5 d� r . . . x'� <� 77-77", i..R w.r ..w c � IPF 160.00 3.14' I S1105� 05 E a .. Y n�., V _ . ._ ... . 1 PROIPERTY OF ~~ V c A R �'��'Y � LILLIAN R. CONNER D.B. .37.3, PG. .318 PLA T. D. B. PG. + , TY a 1� C A ,a 1 • �aB, f; 9 nGi �. ' 1 N roy� ft DEAN HARLEY RORRER & .37,3, .320 TAX No. 79.03-5 -72 ZOLA MAE RORRER j� 0.8. 1.0 PC, im 0.58 Ac. PEA r.! a s 104 PC JM 1 112 STORY W Nab 79. 05-5-65 VINYL 90EO 33 a 79 Ac. PROPERTY OF 1 STORY BRI HOUSE JAMES ADAMS & DAVID ADAMS V 0330 INS TRUMEN T No. 200400353 (WILL BOOM) D. B 806, PG 152 PROPERTY OF W PROPERTY OF KAYE M. GARLAND 1 PLA T.- D.B. 806, PG. 154 JOE D. & VELMA H MORE s D.B. 1 2 15 PG. 523 1 TAX No. 79.03-5-71 cxc s PL A T.• D. B. 1048, PG. 333 0.92 Ac. TAX No. 79.03 -5 -54 10' TEMPORARY CONSTRUCTION 1 1 STORY ALUM. SIDED EASEMENT 1 #,3336 — PIPE FIVD BEARS r ` 1 PROPOSED EP S 65' 09' 00' W ,d S1 152'05 OE 7 , 1.48' FROM CORNER �C S 1 PROPOSED R /w 40' -18' RCP 254.00" IPF QI— 119.36 S11 X52 05 E 177.29 15 . �° . x IIIII�iRR� 11 I , a ., m r � eu u i j ■J ■ � '$ � <. � � � k�as Y ; �' .b .'" - � - ., x .. �, . ., . r ... — . � _ _ _ a .d w� a r � ^ war^ .. .. � rc ., , k � A'� � � % • h �' • � � � h m xe' x � h 7 3 b a' S , y a r c. � � ., ,x , ce , ,• , , c � » w N r v . � {' • • a A am 's �t� n a e >. , — —'�"�� T ,'� �'^ <��� T! •� .�'•.��"�"�"�"�} T� �� • 3Ti7"�"�TP t^ "� �� �! rT '�� �f� T7 . �T�T� �� f an TRH ' }! / u - Po � � sd P tl � � 8 � # •r N a � � � � S a 4 f' � °Y ffi F 1■ e i a . i 4 Y l � .. 4 E � ffi w � � t ! � 4 ffi � � � ' b ^. 6 ffi ,� � .�5 ��a� �NSLn � M 0 � i s � 5 d� r . . . x'� <� 77-77", i..R w.r ..w c � IPF 160.00 3.14' I S1105� 05 E a .. Y n�., V _ . ._ ... . 1 I ~~ V Aw►r a � + A?a%wrY OF DEAN HARLEY RORRER & ! POAM 1 STORY ZOLA MAE RORRER PCII�� 0.8. 1.0 PC, im � PEA r.! a s 104 PC JM 1 112 STORY W Nab 79. 05-5-65 VINYL 90EO 33 a 79 Ac. ONO I BRICx HOUSE cn W 1 3339 PROPERTY OF W PROPERTY OF KAYE M. GARLAND JOE D. & VELMA H MORE JNSTRU�IENT No. 2001B1594S I z A � v D.B. 1 2 15 PG. 523 PLA T.• D.B. 449, PG. 188 I TAX No. 79. 0,3 -5- 6.3 I v 1.16 Ac. PL A T.• D. B. 1048, PG. 333 N TAX No. 79.03 -5 -54 1.13 A c. RIGHT - WA Y TO BE A CQUIRED ARE 4 467. 97 S. F. 0.0107.4 0. as n a r•. �r a �. �.., �w .. �. . • W&1W °BEARS � 2.86 PORTION OFEX /ST //YG 20' PRESCRIPTIVE EASEME/YT TO BEACQU /RED EXHIBIT "M" ARE4= 2 0.0609AC. PLAT SHOWING RIGHT —OF —WAY BEING CONVEYED TO BOARD OF SUPERVISORS, ROANOKE COUNTY BY JOE D. & VELMA H MOORS ROANOKE COUNTY TAX MAP PARCEL #79.03 -05 -64.00 SITUATED ALONG ALCOA ROAD VINTON MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA SCALE: 1 "= 30' DATE: JULY 15, 2011 PREPARED BY ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 3 �1$ I Nil 1 � A?a%wrY OF DEAN HARLEY RORRER & I ZOLA MAE RORRER 0.8. 1.0 PC, im I PEA r.! a s 104 PC JM W Nab 79. 05-5-65 a 79 Ac. PORTION OFEX /ST //YG 20' PRESCRIPTIVE EASEME/YT TO BEACQU /RED EXHIBIT "M" ARE4= 2 0.0609AC. PLAT SHOWING RIGHT —OF —WAY BEING CONVEYED TO BOARD OF SUPERVISORS, ROANOKE COUNTY BY JOE D. & VELMA H MOORS ROANOKE COUNTY TAX MAP PARCEL #79.03 -05 -64.00 SITUATED ALONG ALCOA ROAD VINTON MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA SCALE: 1 "= 30' DATE: JULY 15, 2011 PREPARED BY ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT PROPO Y OF PRAPIERTY OF 4 1 TERENCE L. 8e ANGELIA ANN LILLIAN R. CANNER KELLY as 37.E PC 3 1B A P ORMY OF NEW TRACT B *r` PLAT a a 97.x, Pa .'1P(! JAMES ADAMS & iUy �. a 127 Pa 969 h TAX NOL 79.03-5-72 ry DAVID ADAMS pq� , r �- P.a Ya PrA 175 a58 Ae y r SSTA'IJSOWT NOL 20040OL3 3 (AXL BOOK) � W N L TRQ3 --5-74 1 STt'�1RY PrAT an P 154 0.4 , F R ar PI?GPE'RTr OF �4i SWCK HOUSE TAX Na 790 --5-71 Rka TERENCE L. & ANGELIA ANN .4 � gpE �p r a97 Ac KELLY ."5 & e � a� ! r FRW CDOWN NEW TRACT A �' q 1 STgRY C.B. 1279, PG 369 t.� m' my CONSIRUCTM AL[l�il. SEED P.a 1o, Pa 175 EASEMENT /mm - � TAX Na 79 OU -5- 73 RMPOSE R/w r _ r t S11 "52'051 S1 i R 5'E D S11 "52'05'E ' 754. 00 ' _ & " a 11936' 1 7729' ' o F Ow-far Rep ar i i� ' •zs •t � P ®• � a yt , � s e a . s v a � . A $ � � , � v a a o- .a � a � c r {, Ate... $ Y.4 �'xe �& Yis.. •...M.em Yi vc d s f .wok 51137 105 — 15600 _, x -- roe . i I �' I I sroRr > >/z sT�Rr � 13 HNYL SIDED I B R CK HOUSE � S1 1 "51'44 9 g tw 19 97' .- I A P I PRavWTr OF PROPER T Y OF KAYE. M . GARLAND I JOE D. & VELMA H MOORE INSTRUMENT No. OW 15946 D. B. 1215 PG. 523 PLA T D a 449, Pa 186 I TAX No. 7903 -5 -63 PLAT.• D.B. 1048, PG. 333 I . 1.16 Ac I TAX No. 79.03 -5 -64 g I� I 1.13 Ac. R I r DAMINA GEEA SEMEN TAREA �= I 629I.S3S.F., Q. !4"odAC. I W �I I W V I wi . z r- v ry 20' WA TER I COURSE I I I Jv, W mm Dow s1 r , 57 os 110. 2.W m PAOVRrr OF DEAN HARLEY RDRRER & ZOLA MAE RDRRER as 1.332 Pa 1.3.1 P" r.• DA 1044 Pa 5M W Na M05-5-0 a m Ac EXHIBIT "N" PLAT SHOWING DRAINAGE EASEMENT BEING CONVEYED � I TO � I BOARD OF SUPERVISORS, ROANOKE COUNTY 1997' BY "'1 "°'•w JOE D. & VELMA H MOORE ROANOKE COUNTY TAX MAP PARCEL #79.03 -05 -54.00 SITUATED ALONG ALCOA ROAD VINTON MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA SCALE: 1 "= 50' DATE: JUNE 13, 2011 PREPARED BY ROANOKE CO UNTY DEPARTMENT o f COMMUNITY DEVELOPMENT TERENCE L. & ANGELIA ANN AditDI KELLY �RG4T GY` -%*W), S i D. B. 1279 PG. 369 GY` � '��NC A P.B. 10, PG 175 °`+� ,� a t- TAX No. 79.03-5— 74 0.61 Ac. PRAPER TY Ar ► - 10' TEMPORARY CONSTRUCTION TERENCE L. & ANGELIA ANN EASEMENT KELLY NEW TRACT A PROPER 7Y OF D.B. 1279, PG 369 LILUAN R. CGNNP.R , P. B. 10, PG 175 .� � D. B. 373, PG 318 TAX No. 79.03 -5 -73 PLAT D.B. 373, PG " �.� TAX No. 79.0-5-72 . 0.56 Ac. cd rtinnnhr•rn r% /uj ��i --- - -- �_r. —_�_ 303 -304 - -- - 342 - v� z ° g�� t rjrd ocs Z rd g cs � 0 --- -_ - - 1- A VELA DRIVE PROPER T Y OF KAYE M. GARLAND INSTRUMENT No. 2008 15946 PLAT. D.B. 449, PG. 188 TAX No. 79.43— 5— 63 1.16 Ac. DI -5 ,�FJ. 14 15' I I IZ Inj IW I �I * I I z R �; I� En PROPER TY OF JOE D. & VELMA H MOORE D B. 1215, PG 523 PLA T. D.B. 1048, PG. 333 TAX No. 79.03-5 -64 1.13 Ac. PROPOSED R/W �CONSTRUC710N UMITS 10' TEMPORARY CONSTRUCTION EASEMENT ml RIGHT -OP - WA Y TO HEACQUIRED AREA = 524.60 S.F. o. o 120 AC. PORT /ON OFEX /ST /NG 20"PRESCRIPTIVE EASEMENT TO BEACQU /RED EXH IB I T "O" AREA= 2,675.40 S.F. 0.0614AC. PLAT SHOWING RIGHT —Or —WAY BEING CONVEYED TO BOARD OF SUPERVISORS, ROANOKE COUNTY BY KAYE M. GARLAND ROANOKE COUNTY TAX MAP PARCEL #79.03 -05 -63.00 SITUATED ALONG ALCOA ROAD VINTON MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA SCALE: 1 "= 30' DATE: JULY 15, 2011 PREPARED BY ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT PROPERTY OF RT lFy q TERENCE L. & ANGELIA ANN 7' CF- Ml� '�Y4M1N� 'KELLY (0 B, 1 X4,1/ �`: A "C � NEW TRACT A � 'V �R � � D.B. 1279, PG. 369 oy P.B. f0, PG. 175 TAX No. 79.03 -5 -73 10' TEMPORARY CONSTRUCTION EASEMENT `— RELOCATE AEP POLE am rii� Q EDGE OF ' — ~ — — _ _ ` # 303-- 78 1 EXISTING — — ~ GRAVEL RD. `----------------------- - - - - -- -- - - -- C 210 PR EP PR R/W h 511 "52'05 "E 254.00' e s 11172105" E 1� �1 "C1 " N11 *52'G5'W i PARK rri-h 1 1 sTOr+4r - FRAME HOUSE -MAILBOX ROW 1919 MA YR1ELD - - - - - - - - - - - - - - - - - - CRA WL WL DRI VE --------------------- CURVE "C1" R=25. 00' L = 3I.45' D= 7219444" R,IGHTOF -OP Y TO SEA CQUIRED T= 18- 19' Em CH= N47'54'28"W ARE 4 = 597.70 S.F. O.O Y37AC. CHORD DIST = 29.42' INSTRUMENT No. 200615946 CURVE "C 2" PLA T.` D.B. 449, PG. 188 R= 25.40 TAX No. 79.03 -5 -63 L=46.62" 1.16 Ac. D= I065 I '02" T =33 69' CH= S4 I '33'26 "W CHORD DIST =40 I5' PG14TIGN GFEXISTING 20' PRESCRIPTIVE EASEMENT ra BEACQU,IRED EXHISIT f'Pll AREA= 2, 426.,x29 S.F. 0. 05'5'7.4 C. PLAT SH ,. BENCHMARK il RAILROAD SPIKE IN PON£R POLE /J03- 132 -77 AT NOR 7H SIDE Of INTERSECAAN Or MA MELD OR. AND ALCDA ROAD fLfVAAON = 500.00 N 11506.1497 E 16130.1109 RIGHT —OF —WAY BEING CONVEYED TO BOARD OF SUPERVISORS, ROANOKE COUNTY BY JEANETTE M. BALDWIN ROANOKE COUNTY TAX MAP PARCEL #79.03 -05 -62.00 SITUATED ALONG ALCOA ROAD VINTON MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA SCALE: 1"= 30' DATE: JULY 15, 2011 PREPARED BY ROANOKE COUNTY DEPART![ENT OF COMMUNITY DEVELOPMENT 286.82' . „ ° •' �r �/ ar 4 rid ii i� +.•�• �� VERIZON POLE---"" L .3 42' 303 -3(]D ---------- -- _________ PROPOSED R/W PROPER TY OF JEANE17E M. BALDWIN g HOUSE � X3333 D.B. 1371, PG. 1200 PLA T• D.B. 735, PG. 45 TAX No. 79.03 -5 -62 0.48 A c. h � CHAINLINK FENCE PROPERTY Of' CURVE DATA KAYE M. GARLAND AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 13, 2011 ORDINANCE TO ACCEPT 'SHE CONVEYANCE OF THIR - SEEN (13) PARCELS of UNIMPROVED REAL ESTATE FOR THE EXTENSION OF ALCOA ROAD TO THE BOARD of SUPERVISORS AND To AUTHORIZE THE ADDITION THEREOF To THE STATE SECONDARY SYSTEM of HIGHWAYS, VINTON MAGISTERIAL DISTRICT WHEREAS, as part of the acceptance of Alcoa Road as part of a Roanoke COUnty's Rural Addition project funded in partnership with the Virginia Department of Transportation (VDOT), thirteen (13) adjacent land owners desired to donate portions of their property in fee simple to Roanoke for right -of -way purposes and drainage easements to improve roadway and construct a cul -de -sac at the terminus of Alcoa Road; and WHEREAS, Terence L. and Angelia Ann Kelley; Lillian R. Conner; James Adams and David Adams; Dean H. and Zola Mea Rorrer; Robert J. Wilhelm and Teresa J. Kessler; David Sink; Effie Marie Simmons; Joe D. and Velma H. Moore; Jeanette M. Baldwin; Kaye M. Garland have freely and voluntarily entered into deeds to the Board of Supervisors of the County of Roanoke, Virginia, to thus allow the Board of Supervisors to obtain ownership of each property for purposes of road construction upon approval of this ordinance and recordation of a deed; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests to the County of Roanoke be accomplished by ordinance; the first reading of this ordinance was held on August 23, 2011, and the second reading and public hearing was held on September 13, 2011. Page 1 of 6 NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the acquisition from Terence L. and Angelia Ann Kelley of approximately 0.0931 acre of real estate for purposes of location and construction of Alcoa Road as shown on a plat entitled "Plat showing right -of -way being conveyed to Board of Supervisors, Roanoke County by TERENCE L. AND ANGELIA AKIN KELLEY Roanoke County Tax Map Parcel #79.03 -05 -73.00 situated along Alcoa Road, Vinton Magisterial District, Roanoke County, Virginia" dated June 5, 2011, is hereby authorized and approved. 2. That the acquisition from Lillian R. Conner of approximately 0.0422 acre of real estate for purposes of location and improvements of Alcoa Road, as shown on a plat entitled "Plat showing right -of -way being conveyed to Board of Supervisors, Roanoke County by LILLIAN R. CONNER Roanoke county tax map parcel #79.03 -05- 72.00 situated along Alcoa Road, Vinton Magisterial District, Roanoke County, Virginia" dated June 5, 2011, is hereby authorized and approved. 3. That the acquisition from James Adams and David Adams of approximately 0.0534 acre of real estate for purposes of location and construction of Alcoa Road, as shown on a plat entitled "Plat showing right -of -way being conveyed to Board of Supervisors, Roanoke County by JAMES ADAMS AND DAVID ADAMS Roanoke County Tax Map Parcel #79.03 -05 -71.00 situated along Alcoa Road, Vinton Magisterial District, Roanoke County, Virginia" dated June 5, 2011, is hereby authorized and approved. Page 2 of 6 4. That the acquisition from Dean H. and Zola M. Rorrer of approximately 0.1 092 acre of real estate for purposes of location and construction of Alcoa Road, as shown on a plat entitled "Plat showing right -of -way being conveyed to Board of Supervisors, Roanoke County by DEAN H. AND ZOLA M. RQRRER Roanoke County Tax Map Parcel #79.03 -05 -70.00 situated along Alcoa Road, Vinton Magisterial District, Roanoke County, Virginia" dated June G, 2011, is hereby authorized and approved. 5. That the acquisition from Robert J. Wilhelm and Teresa J. Kessler of approximately 0.0070 acre of real estate for purposes of location and construction of Alcoa Road, as shown on a plat entitled "Plat showing right -of -way being conveyed to Board of Supervisors, Roanoke County by ROBERT J. WILHELM AND TERESA J. KESSLER Roanoke County Tax Map Parcel #79.03 -05 -69.00 situated along Alcoa Road, Vinton Magisterial District, Roanoke County, Virginia" dated June 6, 2011, is hereby authorized and approved. 6. That the acquisition from David L. Sink of approximately 0.0694 acre of real estate for purposes of location and construction of Alcoa Road, as shown on a plat entitled "Plat showing right -of -way being conveyed to Board of Supervisors, Roanoke County by DAVID L. SINK Roanoke County Tax Map Parcel #79.03 -05 -68.01 situated along Alcoa Road, Vinton Magisterial District, Roanoke County, Virginia" dated June 6, 2011, is hereby authorized and approved. 7. That the acquisition from Effie M. Simmons of approximately 0.0233 acre of real estate for purposes of location and construction of Alcoa Road, as shown on a plat entitled "Plat showing right -of -way being conveyed to Board of Supervisors, Roanoke County by EFFIE MARIE SIMMONS Roanoke County Tax Map Parcel Page 3 of 6 #79.03 -05 -57.00 situated along Alcoa Road, Vinton Magisterial District, Roanoke County, Virginia" dated June 5, 2011, is hereby authorized and approved. 8. That the acquisition from Effie M. Simmons of approximately 0.0787 acre of real estate for purposes of drainage easement, as shown on a plat entitled "Plat showing drainage easement being conveyed to Board of Supervisors, Roanoke County by EFFI E MARIE SIMMONS Roanoke County Tax Map Parcel #79.03 -05 -57.00 situated along Alcoa Road, Vinton Magisterial District, Roanoke county, Virginia" dated June 5, 2011, is hereby authorized and approved. 9. That the acquisition from Dean H. and Zola M. Rorrer of approximately 0.0047 acre of real estate for purposes of location and construction of Alcoa Road, as shown on a plat entitled "Plat showing right -of -way being conveyed to Board of Supervisors, Roanoke County by DEAN H. AND ZOLA M. RORRER Roanoke County Tax Map Parcel #79.03 -05 -57.01 situated along Alcoa Road, Vinton Magisterial District, Roanoke County, Virginia" dated June 5, 2011, is hereby authorized and approved. 10. That the acquisition from Dean H. and Zola M. Rorrer of approximately 0.1 059 acre of real estate for purposes of drainage easement, as shown on a plat entitled "Plat showing drainage easement being conveyed to Board of Supervisors, Roanoke County by DEAN H. AND ZoLA M. RoRRER Roanoke County Tax Map Parcel #7903 -05 -57.01 situated along Alcoa Road, Vinton Magisterial District, Roanoke County, Virginia" dated June 5, 2011, is hereby authorized and approved. 11. That the acquisition from Dean H. and Zola M. Rorrer of approximately 0.0047 acre of real estate for purposes of location and construction of Alcoa Road, as shown on a plat entitled "Plat showing right -of -way being conveyed to Board of Page 4 of 6 Supervisors, Roanoke County by DEAN H. AND ZOLA M. RORRER Roanoke County Tax Map Parcel 479.03 -05 -66.00 situated along Alcoa Road, Vinton Magisterial District, Roanoke County, Virginia" dated Jane 6, 2011, is hereby authorized and approved. 12. That the acquisition from Dean H. and Zola M. Rorrer of approximately 0.0052 acre of real estate for purposes of location and construction of Alcoa Road, as shown on a plat entitled "Plat showing right -of -way being conveyed to Board of Supervisors, Roanoke County by DEAN H. AND ZOLA M. RORRER Roanoke County Tax Map Parcel 479.03 -05 -65.00 situated along Alcoa Road, Vinton Magisterial District, Roanoke County, Virginia" dated June 6, 2011, is hereby authorized and approved. 13. That the acquisition from Joe D. and Velma H. Moore of approximately 0.0107 acre of real estate for purposes of location and construction of Alcoa Road, as shown on a plat entitled "Plat showing right -of -way being conveyed to Board of Supervisors, Roanoke County by JOE D. AND VELMA H. MOORE Roanoke County Tax Map Parcel #79.03 -05 -64.00 situated along Alcoa Road, Vinton Magisterial District, Roanoke County, Virginia" dated June 6, 2011, is hereby authorized and approved. 14. That the acquisition from Joe D. and Velma H. Moore of approximately 0.1084 acre of real estate for purposes of drainage easement, as shown on a plat entitled "Plat showing drainage easement being conveyed to Board of Supervisors, Roanoke County by JOE D. AND VELMA H. MOORE Roanoke County Tax Map Parcel 479.03 -05 -64.00 situated along Alcoa Road, Vinton Magisterial District, Roanoke County, Virginia" dated June 6, 2011, is hereby authorized and approved. 15. That the acquisition from Kaye M. Garland of approximately 0.0120 acre of real estate for purposes of location and construction of Alcoa Road, as shown on a Page 5 of 6 plat entitled "Plat showing right -of -way being conveyed to Board of Supervisors, Roanoke County by Kaye M. GARLAND Roanoke County Tax Map Parcel 479.03 -05- 63.00 situated along Alcoa Road, Vinton Magisterial District, Roanoke County, Virginia" dated June 6, 2011, is hereby authorized and approved. 16. That the acquisition from Jeanette M. Baldwin of approximately 0.0137 acre of real estate for purposes of location and construction of Alcoa Road, as shown on a plat entitled "Plat showing right -of -way being conveyed to Board of Supervisors, Roanoke County by JEANETTE M. BALDWIN Roanoke County Tax Map Parcel #79.03 -05 -62.00 situated along Alcoa Road, Vinton Magisterial District, Roanoke County, Virginia" dated June 6, 2011, is hereby authorized and approved. 17. That - the addition and improvement of Alcoa Road to the Secondary System of State Highways of the Commonwealth of Virginia is hereby proposed upon the conveyance and recordation of the deeds from the above described land owners to the Board of Supervisors of Roanoke County, Virginia. The Board approved and adopted a resolution requesting that this street be added to the secondary road system of the state highways under the Rural Road Addition program. 1$. That the County Administrator or Assistant County Administrator are hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this real estate, all of which shall be approved as to form by the County Attorney. Page 6 of 6 ACTION NO. ITEM NO. 0.1 -4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 23, 2011 AGENDA ITEM: Appointments to Committees, Commissions and Boards SUBMITTED BY: Deborah C. Jacks Clerk to the Board APPROVED BY: B. Clayton Goodman III County Administrator 1 3CrJ- -- COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Capital Improvement Program (CIP) Review Committee (appointed by District) Supervisor Flora has reappointed Becky Walter to represent the Hollins Magisterial District for an additional one -year term, which will expire on August 31, 2012. Confirmation has been added to the consent agenda. The following one -year term expired on August 31, 2011: a) James M. Chewning representing the Vinton Magisterial District, one -year term will expire on August 31, 2011 2, clean Valley council The following two -year term expired on June 30, 2011: a) Stephen McTigue, the Board Liaison 3. Economic Development Authority The following four -year terms expire on September 30, 2011: a) Carole Brackman, Catawba Magisterial District b) Gregory Apostolou, Hollins Magisterial District Page 1 of 2 4. Roanoke County Community Leaders Environmental Action Roundtable (RCLEAR) (appointed by District) The following three -year terms will expire on August 31, 2011: a) Tracy D. Garland, Catawba Magisterial District b) Victor lanello, Cave Spring Magisterial District c) Suzie Fortenberry, Windsor Hills Magisterial District 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, SEPTEMBER 13, 2011 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM H- 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 September 13, 2011, designated as Item H- Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 3 inclusive, as follows: 1. Request to accept and appropriate funds in the amount of $71,050 to the Roanoke County Public Schools 2. Request to accept and appropriate funds in the amount of $21,738 to the Sheriff's Office from Federal Grant - 2011 -DJ -BX -2078, approved by the Department of Justice, Bureau of Justice Assistance 3. Resolution accepting thirteen (13) parcels of Alcoa Road, Vinton Magisterial District, into 'the Virginia Department of Transportation Secondary Road System Page 1 of 1 ACTION NO. ITEM NO. H -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: September 13, 2011 Request to accept and appropriate funds in the amount of $71,050 to the Roanoke County Public Schools Brenda Chastain Clerk to the Roanoke School Board B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Race to General Education Diploma (GED) grant is part of the adult education program in Roanoke County. Race to GED is an innovative approach to adult education based on two instructional programs: GED Fast Track and GED Prep. These two programs assess what a person already knows and prescribe instruction to prepare adults for success on GED Tests. The time it takes to earn a GED is dramatically shortened, from one year required in traditional adult education, to three months or less with GED Fast Track and only one hundred and eighty (180) days with GED Prep. The initiative targets working age adults, eighteen to sixty -four (18 to 84) years of age, who are employed or employable and can demonstrate academic readiness to prepare for and pass the English version of - the GED Tests. GED graduates are competent in the workplace, qualified for advancement to higher -level skills, and capable of achieving in post secondary education or technical - skills certification. The grant award is in the amount of $71,050. FISCAL IMPACT: The Adult Education Budget will be increased by $71,050. Page 1 of 2 STAFF RECOMMENDATION: Accept and appropriate the Race to General Education Diploma grant funds in the amount of $71,050 to the Schools. Page 2 of 2 ACTION No. ITEM No. H -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: September 13, 2011 Request to accept and appropriate funds in the amount of $21,735 to the Sheriff's office from Federal Grant - 2011 -DJ- BX -2075, approved by the Department of Justice, Bureau of Justice Assistance Michael G. Winston Sheriff B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY of INFORMATION: The Sheriff's office has received approval for a grant, which provides funds from the Department of Justice - Bureau of Justice Assistance. This program will provide funds to ensure the continuation of the Weekend Inmate Work Force Program. These funds will be used to pay for the Deputies providing supervision of these inmates. FISCAL IMPACT: This grant requires no match. STAFF RECOMMENDATION: Staff recommends accepting and appropriating the Bureau of Justice Assistance grant from the Department of Justice in the amount of $21,735 to the Sheriff's office. Page 1 of 1 ACTION No. ITEM IVo. H -3 AT A REGULAR MEETING of THE BOARD of SUPERVISORS of ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 13, 2011 AGENDA ITEM: Resolution accepting thirteen (13) parcels of Alcoa Road, Vinton Magisterial District, into the Virginia Department of Transportation Secondary Road System SUBMITTED BY: Arnold Covey Director of Community Development APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Subsequent to adjacent property owners' request, County staff has worked with Virginia Department of Transportation (VDOT) for acceptance of Alcoa Road into the State Secondary Road System. The portion to be accepted begins at the intersection of Mayfield Drive, Rte. 559 to the end of the proposed cul -de -sac, approximately 0.21 mile in length. FISCAL IMPACT: None. ALTERNATIVES: 1. Approve the attached resolution requesting VDOT to accept thirteen (13) parcels of Alcoa Road into the Secondary Road System 2. Take no action at this time. STAFF RECOMMENDATION: Staff recommends Alternative 1. Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 13, 2011 RESOLUTION ACCEPTANCE OF A PORTION OF ALCOA ROAD, VINTON MAGISTERIAL DISTRICT, INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM WHEREAS, the street described below currently serves at least 3 families and was established prior to July 1, 1992, at which time it was used by motor vehicles as a public access; and WHEREAS, the County has determined its subdivision ordinance satisfies subsection B of §33.1 -72.1, Code of Virginia, and is therefore eligible to make qualifying additions to the secondary system of state highways maintained by the Virginia Department of Transportation and fund necessary improvements as set out therein, except as otherwise prohibited by subsection B of §33.1 -72.2, Code of Virginia; and WHEREAS, after examining the ownership of all property abutting this street, including the deeds and related plats, this Board finds no restriction on the use of public funds for improving of the road; and WHEREAS, after examining the ownership of all property abutting this street, this Board finds that speculative interest does not exist; and WHEREAS, this Board has identified immediately available funding to make improvements required to qualify the street for addition to the aforesaid secondary system of state highways, based on the Department's cost estimate of $ 241,000.00 NOW, THEREFORE, BE IT RESOLVED, pursuant to §33.1 -72.1, Code of Virginia, this Board requests the following street be added to the secondary system of state highways maintained by the Virginia Department of Transportation and hereby Page 1 of 3 guarantees the right -of -way of the street to be clear, unencumbered and unrestricted, which right of way guarantee shall including any necessary easements required for cuts, fills, and drainage: Name of Subdivision: Map of Gearheardt Lands Name of Street: Alcoa Road From: Mayfield Drive, Rte. 659 To: Proposed cul -de -sac Length: 0.21 miles Guaranteed Right -of -way Width: 40 feet + (R /W Width Varies) Right of Way or Instrument . Reference Instrument #. 0000000, 0000000 000000 and Date Recorded: 09/14/2011 BE IT FURTHER RESOLVED, this Board requests the Virginia Department of Transportation to improve said street to the prescribed minimum standards, funding said improvements with the following funds; Source of Funds Amount Roanoke County Secondary Six Year State Funds $ 241,000.00 BE IT FURTHER RESOLVED, this Board agrees to reimburse, within 45 -days of receiving an invoice, all costs that the Virginia Department of Transportation incurs to relocate existing utilities within the right of way that are discovered during the course of and in conflict with the construction, drawing such funds from resources other than those administered by the Department; and Page 2of3 BE IT FURTHER RESOLVED, this Board agrees to reimburse, within 45 -days of receiving an invoice, all costs that the Virginia Department of Transportation incurs in the construction of necessary improvements to the road that are over and above the estimated cost of improvements or to otherwise identify an eligible source of funds administered by the Department to cover such costs; and BE IT FINALLY RESOLVED, that a certified copy of this resolution and a county check in the amount of $ 0 , be forwarded to the Residency Administrator of the Page 3of3 d' 40 PROPERTY OF KAyE M. GARLAND 1NS7RUWNT Na 200815946 PW T D.B. 449, PC 188 TAX No 79 03-5-63 1.16 Ar- PROP17e rY OF TERENCE L & ANGELIA ANN KELLY NEW TRACT A D.B. 1273, PC 369 P.B. 10, PG, 175 TAX Na 79- o PROPERTY O JOE D. & VEI-MA H MOORE � PROPERTY OF JEANETTE M. BALDWIN D.B. 121A PC 523 D.B. 1371, PG, 1200 PUT D.B. 73A PC 43 TAX Na 79.0 -5- 1.13 Ac 0.48 Am PROPERTY OF KAyE M. GARLAND 1NS7RUWNT Na 200815946 PW T D.B. 449, PC 188 TAX No 79 03-5-63 1.16 Ar- PROP17e rY OF TERENCE L & ANGELIA ANN KELLY NEW TRACT A D.B. 1273, PC 369 P.B. 10, PG, 175 TAX Na 79- o PROPERTY OF DEAN HARLEY RORRER & ZOLA MAE RORRER 0 D.B. 1352 PrA 133 PU T,• D a 1044 Pa, J JJ TAX Na 79 0 -5 -0 a79 Am PRCa�T' OF DEAN HARD RORRER K ZOLA M" RORRER 1 o.a 1351 Pa 1296 ` TAX Na 79, d 7- r a72 Aa ., it y PROPERTY OF 1"I�1� DEAN Y RORJWR IGLA MAE RORRF-R . D.& 1 35x PC 1296 " • TAX Na 79.03 5 -6701 0.57 A� • � r 4 , r . � r pRoPQ?TY OF C A . . HARRY M. & " Emir MARIE 91IMMONS o.B. 116$ Pa 263 A PLAN Noa 2375 { TAX Na 79 03 -5 • 11.69 Aa " , •• ti ti s \ 4• i • < . , RO� rIW TJ. Yd R 1M • f • • 7mlRM J. � l 0, r A • y.e4 SY m • • as j . pa I FA a . Pu r, as ai4 �s 13a f err or r�x ►rya A ASIAIAmr Na AZ1 PLA r DA Wlt PG F7W TAX Ma 7kdl -�.. o • Q4S Ac PROPERTY OF 6f . •. TERENCE L & ANGELIA ^NN KELLY NEW TRACT B D.a 1:79, PCs 369 ` P.B. 10, PG. 175 s � TAX Na 79 G�3 -74 a 61 Am • w r � ■ FRa OF LILLIAN R. CONNER D.B. T TH PC 318 '. PUT D.Q J71 PO: J20 ti TAX Na 79.03 -5-72 a 58 Am PROPERTY OF JAMES ADAMS & DAVID ADAMS INSTRUMENT Na 2OO40aW (MILL BOOK) D a 806, PO: 152 PLAT O.S 8K Pa 134 TAX Na 79.05-8 a92 Am RIGHT —OF —WAY TO BE ACCEPTED PRORLW r OF DEAN HAftl.E1f ROBBER O.B. OJT P. 1.54 TAX Na n.03-5-70 1.3 Ac- EXHIBIT "A" PLAT SHOWING ALCOA ROAD REQUESTED BY BOARD OF SUPERVISORS, ROANOKE COUNTY TO BE ACCEPTED INTO VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM VINTON MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA SCALE: 1 "= 100' DATE: AUGUST 17, 2011 _PAItED BY R011N0H8 COUNTY D&PARTM'P OF COIOL[JNTPY DSVEI.OPIIEN'P PROPERTY O JOE D. & VEI-MA H MOORE D.B. 121A PC 523 PU T D.B. 104$ Pr- TAX Na 79.0.5~5- 1.13 Ac PROPERTY OF DEAN HARLEY RORRER & ZOLA MAE RORRER 0 D.B. 1352 PrA 133 PU T,• D a 1044 Pa, J JJ TAX Na 79 0 -5 -0 a79 Am PRCa�T' OF DEAN HARD RORRER K ZOLA M" RORRER 1 o.a 1351 Pa 1296 ` TAX Na 79, d 7- r a72 Aa ., it y PROPERTY OF 1"I�1� DEAN Y RORJWR IGLA MAE RORRF-R . D.& 1 35x PC 1296 " • TAX Na 79.03 5 -6701 0.57 A� • � r 4 , r . � r pRoPQ?TY OF C A . . HARRY M. & " Emir MARIE 91IMMONS o.B. 116$ Pa 263 A PLAN Noa 2375 { TAX Na 79 03 -5 • 11.69 Aa " , •• ti ti s \ 4• i • < . , RO� rIW TJ. Yd R 1M • f • • 7mlRM J. � l 0, r A • y.e4 SY m • • as j . pa I FA a . Pu r, as ai4 �s 13a f err or r�x ►rya A ASIAIAmr Na AZ1 PLA r DA Wlt PG F7W TAX Ma 7kdl -�.. o • Q4S Ac PROPERTY OF 6f . •. TERENCE L & ANGELIA ^NN KELLY NEW TRACT B D.a 1:79, PCs 369 ` P.B. 10, PG. 175 s � TAX Na 79 G�3 -74 a 61 Am • w r � ■ FRa OF LILLIAN R. CONNER D.B. T TH PC 318 '. PUT D.Q J71 PO: J20 ti TAX Na 79.03 -5-72 a 58 Am PROPERTY OF JAMES ADAMS & DAVID ADAMS INSTRUMENT Na 2OO40aW (MILL BOOK) D a 806, PO: 152 PLAT O.S 8K Pa 134 TAX Na 79.05-8 a92 Am RIGHT —OF —WAY TO BE ACCEPTED PRORLW r OF DEAN HAftl.E1f ROBBER O.B. OJT P. 1.54 TAX Na n.03-5-70 1.3 Ac- EXHIBIT "A" PLAT SHOWING ALCOA ROAD REQUESTED BY BOARD OF SUPERVISORS, ROANOKE COUNTY TO BE ACCEPTED INTO VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM VINTON MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA SCALE: 1 "= 100' DATE: AUGUST 17, 2011 _PAItED BY R011N0H8 COUNTY D&PARTM'P OF COIOL[JNTPY DSVEI.OPIIEN'P GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Unaudited balance at June 30, 2011 Balance at September 13, 2011 Amount L -1 % of General Fun Rev $ 20,072,318 10.59% * $ 20,072 10.42% ** Note: On December 21, 2004, the Board of supervisors adopted a policy to increase the General Fund Unappropriated Balance incrementally over several years. * 2010 -11 a range of 10.0% -11.0 % of General Fund Revenues 201 0 -11 General Fund Revenues $1189,6118 10.0 % of General Fund Revenues $18,981,819 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 - rhe Unappropriated Fund Balance of the County is currently maintained at 10.42 %. - rhe 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 I= L -2 COUNTY OF ROANOKE, VIRGINIA CAPITAL RESERVES Minor Countv Capital Reserve (Projects not in the CIP, architectural /engineering services, and other one -time expenditures.) Amount Unaudited balance at June 39, 2911 $2,988 August 23, 2611 Purchase of .454 acre of real estate adjacent to the Roanoke county (49,999.99) Administration center from Franklin Real Estate company Balance at September 13, 2911 $2,948,664.88 Major County Capital Reserve (Projects in the C/P, debt payments to expedite projects identified in CIP, and land purchase opportunities.) Unaudited balance at June 39, 2911 Balance at September 13, 2911 Submitted By Rebecca E. Owens Director of Finance $162 $162,539.99 Approved By B. Clayton Goodman III County Administrator L -3 RESERVE FOR BOARD CONTINGENCY COUNTY of ROANOKE, VIRGINIA May 24, 2011 From 2011 -2012 Original Budget Appropriation for Legislative Liaison Amount $1 00,000.00 (31,020.00) Submitted By Approved By Balance at September 13, 2011 Rebecca E. Owens Director of Finance B. Clayton Goodman III County Administrator'l�!JY $ 68,980.00 ACTION NO. ITEM M -1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE September 13, 2011 AGENDA ITEM Work session on Roanoke County assumption of Secondary Roads (Devolution) SUBMITTED BY : David Holladay Planning Administrator APPROVED BY : B. Clayton Goodman III County Administratorg- COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION On July 12, 2011, Supervisor Altizer asked staff to gather information about secondary road system maintenance in Roanoke County. He asked staff to research the costs to Roanoke County citizens if the Commonwealth of Virginia were to turn over responsibility for secondary roads to the localities. Chairman Church concurred with the request, citing recent inquiries he had received. Staff has prepared an outline for discussion which includes an overview of the secondary road system in the County, and the process for assuming responsibility of secondary road maintenance, construction and operations. The report also includes estimated costs of the program, projected payments from the State, and resulting deficits. A power point presentation is attached for review. 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ITEM NO. M -2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 13, 2011 AGENDA ITEM: Work session to discuss use of firing range by non - Roanoke County public safety agencies SUBMITTED BY: James R. Lavinder Chief of Police Daniel R. O'Donnell Assistant County Administrator APPROVED BY: B. Clayton Goodman III County Administrator t' COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Time has been set aside for a work session to discuss the opening of the Roanoke County Firing Range and the use of the range by outside agencies. The range is nearing completion and has been used on a limited capacity by the Police Department and Regional Jail for training. The Police Department has worked with the County Attorney's office to develop a rental agreement and operating regulations for outside agencies, including a fee structure. The purpose of the work session is to discuss the proposed forms and fee structure with the Board. If consensus is reached on the agreement and fee structure they will be placed on a consent agenda for formal approval at a subsequent Board of Supervisors meeting. These documents have been discussed with the Sheriff's Department and Regional Jail Administration and both of these agencies are agreeable to the proposed regulations. Two things that staff would like consensus from the Board on is the fee structure for outside agencies and whether it is necessary for a Safety Compliance Officer provided by the Police Department to be on site when the range is utilized by Regional Jail personnel. It is staff's recommendation that the Regional Jail should be allowed to provide their own supervision when using the range. Page 1 of 1 THIS AGREEMENT, made and entered into this day of 2011, by and between the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, a Virginia political subdivision, (hereafter "Roanoke County ") acting by and through the Roanoke County Police Department, party of the First Part, and , a Virginia municipal corporation/ political subdivision (hereafter "User Agency "), party of the Second Part; WITNESSETH: Whereas, Roanoke County is the owner of the Roanoke County Firearms Range, a firearms range facility located at 6231 Twine Hollow Road, Salem, Virginia in the Catawba Magisterial District of Roanoke County; and Whereas, the classroom facilities have been approved by the Virginia Department of Criminal Justice Services (hereafter referred to as DCJS) as an authorized site for conducting law enforcement training; and Whereas, as owner of this firearms range facility, Roanoke County has expended public funds for the construction, improvement and maintenance thereof, and is responsible for the ongoing management and supervision of this facility; and Whereas, Roanoke County desires to make this approved facility available to other law enforcement agencies to assist in training of area law enforcement personnel to better ensure the protection of both officers and members of the public and reduce the potential for costly and time consuming complaints or legal actions; and Whereas, Roanoke County and desire (User Agency) to establish the requirements and agreements for the use of this facility by the Party of the Second Part and to confirm the responsibilities of both parties to this Agreement. NOW, THEREFORE, Roanoke County and (User Agency) agree as follows: I. ROANOKE COUNTY RESPONSIBILITES: A. Standard Operating Procedures: 1. Roanoke County shall establish a list of Safety Rules and Regulations and define procedures to be followed while using this facility. A copy of the current Safety Rules and Regulations are attached hereto as Exhibit "A ". Roanoke County reserves the right to amend these Safety Rules and Regulations at any time. 2. Roanoke County will provide an on -site DCJS certified firearms instructor who will serve as a Safety Compliance Officer to be present at all times that training or other activities are being conducted at this facility. The Safety Compliance Officer is responsible for preparing the firearms range to be operational for the user upon arrival and closing down the range upon completion of training. 3. Roanoke County will be responsible for providing to the user agency exclusive access to the firearms range and the following resources: a twenty -five and fifty yard pistol range; range towers; a one hundred yard rifle range; classroom facility; audio visual and media support devices. II. USER AGENCY RESPONSIBILITIES: A. Requirements for Instructors: 1. The User Agency shall provide and utilize only instructors currently certified by DCJS as firearms instructors for training and qualification exercises. Such instructors shall be present at all times to supervise the training and provide the required instruction. 2. The User Agency's instructors agree to conform to established safety rules and regulations and acknowledge the Safety Compliance Officer retains final authority in approving or authorizing a training exercise and on -site activities. 3. The User Agency agrees all participants from - their organization participating in training at the facility will sign a Release of Liability waiver, Exhibit "B" prior to engaging in any exercises or training program. 4. The use of the range is restricted to sworn employees of the user agency and persons engaged in entry level basic training as defined by DCJS. 5. The User Agency agrees any participant engaging in any firearms activity at the site will be a sworn law enforcement officer covered by Workers Compensation in Virginia. 6. The User Agency agrees to have all participants from their organization appropriately covered by applicable insurance coverage prior to engaging in any training exercise. The user Agency shall provide proof of coverage of at least the following limits to Roanoke County at least ten (10) days prior to their scheduled training date: a. worker's Compensation with Statutory limits; b. General Liability coverage of at least $ 1,000,000; c. Automobile Liability coverage of at least $ 1,000,000; d. Law Enforcement Liability coverage of at least $ 1,000,000; e. Public Officials Liability coverage of at least $ 1,000,000. 7. To compensate the County of Roanoke as defined by the current fee schedule attached hereto as Exhibit "C ". 8. The user agency agrees that no explosive device will be detonated on the property. B. Other Requirements: 1. The User Agency is responsible for providing all firearms, ammunition, targets, safety equipment (ballistic vests, eye and ear protection) and other items required for safe and successful completion of the scheduled training. 2. The User Agency shall repair or replace with comparable equipment or facilities, any property or structure damaged as a result of their use of the facility when those damages exceed $500.00. Such repairs or replacements will be made as soon as practical but no more than 60 days beyond the date damage was incurred. 3. Personnel from the User Agency are required to gather and retrieve all empty shell casings from the range(s) at the completion of each day's training. Empty casings can be retained by the user agency or deposited into approved collection barrels at the Firearms Range. III. MUTUAL RESPONSIBILITIES: Both parties agree to comply by the established safety rules and regulations and acknowledge the final authority for approval of any exercise, training scenario or on -site activity rests solely with the Roanoke County Safety Compliance Officer. IV. RELEASE of LIABILITY AND HOLDHARMLESS: The User Agency, for itself and its officers, employees and agents participating in any training at the Facility, releases Roanoke County and its officers, employees and agents, from any and all liability for any claims, demands or legal actions arising out of or in any way connected with the use of the Facility during or associated with any training and shall hold Roanoke county harmless from any such claim. V. TERM AND CONDITIONS: All perfected (ratified/completed) agreements, unless otherwise terminated, remain in effect t i l l January 1 5t of the year following its creation. Each January, the Roanoke County Administrator, along with the Roanoke County Chief of Police will evaluate the demands and resources available for the upcoming year and relay their findings to the user agencies from the prior year. WITNESS THE FOLLOWING SIGNATURES AND DATES: ROANOKE COUNTY POLICE DEPARTMENT am r Name Title Date (User Agency) By . Name Title Date Holbrook's Computer PACounty StufflFirearms Range\Lease FormsTirearms Range Lease Agreement.doc Exhibit A ROANOKE COUNTY FIREARMS RANGE SAFETY RULES AND REGULATIONS CARDINAL RULES OF FIREARMS SAFETY: 1. Treat all firearms as though they are loaded. 2. Keep your finger outside the trigger guard until you are on target and have decided to fire. 3. Point the muzzle in a safe direction at all times. 4. Be sure of your target and what is beyond it. REMEMBER THE "LASER RULE ": Treat Your Firearm as if It is a Laser Gun with the Beam Always on; Whatever the Beam touches, it Cuts Through! SPECIFIC RULES: 1. All personnel at the range, regardless of rank, are under the command of the designated Safety Compliance Officer. 2. Do not unload or load firearms in the parking lot. Firearms will be unloaded and loaded in a designated safe zone under the direction and supervision of a range officer. After unloading all officers will go to one of the weapons traps, place the weapon in the trap and pull the trigger to assure the weapon is unloaded. I No one is to go behind the barricade, in front of the targets, except at the direction of a range officer. 4. A ballistic vest, ear and eye protection are required to be worn at all times while a person is stationed at or around the firing line. In addition, eye protection is required at all times in the cleaning room. 5. No ammunition is allowed in the cleaning area. 6. Motor vehicles are allowed only in the designated parking areas. 7. No one is allowed in the range office without permission of a range officer. 8. Immediately upon picking up a firearm, keep your fingers off of the trigger, point the muzzle in a safe direction, open the action and check both physically and visually to see that it is unloaded. 9. Check again! 10. Never give a firearm to, or take a firearm from anyone, unless the action is open for inspection. 11. Load /reload /and unload only after position is taken at the firing point and only on command. 12. Keep the firearm pointed downrange at all times! Range Rules Revised: 8/31/2011 13. Any officer may call for a "cease fire" if an unsafe condition is believed to exist. At this time all officer will repeat this "cease fire" 14. If an officer has a misfire, squib round, or other problem on the range, keep the weapon pointed downrange, raise your other hand, and contact a range instructor. 15. Never draw a handgun from the holster, on the range, unless instructed by a firearm instructor! 16. Never draw or re- holster with your finger in the trigger guard or on the trigger! 17. NEVER holster a cocked weapon (cocked and locked weapons excluded)! 18. Never go forward of the firing line or otherwise leave your position during or after a course of fire until the line has been made safe and the command has been given to move, by a firearms instructor! 19. While on the firing line, never bend over to retrieve dropped articles until instructed to do so. 20. Never step back from the firing line unless your handgun is safely holstered, and the instructor directs you to do so. 21. No talking on the firing line; except by or with and instructor! 22. No eating, chewing tobacco or smoking on the firing line! Smoking, drinking or eating is permitted only in designated areas. 23. Pay strict attention to the instructor in the tower. 24. Never anticipate a command! 25. Never permit the muzzle of a firearm to touch the ground. If a firearm is dropped it shall be checked by the officer and a range instructor before further use. 26. Conduct a safety check, of the weapon, before and after a training session! 27. Never dry fire a weapon unless instructed to do so by a firearms instructor. 28. All safety precautions must be adhered to and will be enforced! A firearms instructor has the right to remove anyone from the firing line! 29. All shooters will assist in policing the range, range area, classroom and cleaning areas. - rhe building, to include - the bathrooms, will be cleaned and straightened after each training day. 30. Do not clean your firearm in the range house. 31. REMEMBER: Everyone has the responsibility for range safety. I HAVE READ AND UNDERSTAND THE RANGE SAFETY RULES AND REGULATIONS' Signature and Date: Print Name: Range Rules Revised: 8/31/2011 2 Exhibit B ROANOKE COUNTY FIREARMS RANGE RELEASE OF LIABILITY Full Name: Employer (or other sponsoring Organization): This form must be completed and signed prior to beginning your training. I, the undersigned, desire to participate in and receive firearms training being provided by certified DCJS Firearms Instructors from (Employee's organization) and being monitored by DCJS Firearms Instructors of the Roanoke County Police Department at the Roanoke County Firearms Range; I understand that my participation in firearms training and qualification exposes me to a risk of injury; nonetheless, I do, for and in consideration of the privilege of participating in such program, hereby release the Roanoke County Police Department, and any of its agents or employees thereof, from any and all claims, demands, and causes of action that I may now have or that might subsequently accrue, arising out of or connected with, either directly or indirectly, from my participation in a firearms training and qualification program, whether or not caused by any act or omission on the part of the Roanoke County Police Department or any of its agents or employees; I agree and understand that I am relinquishing, on behalf of myself, my personal representatives and my heirs, any and all rights I now have or may have in the future to file a tort claim, civil action or any other claim for any injury, damage, or death I may suffer arising from my participation in the firearms training and qualification program; I understand that, by signing this release, I am not waiving any rights, privileges or benefits to which I may otherwise be entitled to receive from my employing agency (if applicable), including, but not limited to workers compensation benefits. I understand that participation in firearms training at the Roanoke county Firearms Range requires physical stamina, motor coordination, and mental alertness and I hereby attests that I have no known physical or mental limitations that preclude my participation in this program and I have not used and will not use any form of alcohol, prescription or non- prescription drugs that have any potential to impair my participation in this training program. I have had the opportunity to ask any and all questions about the above waiver and release and I understand its terms and meaning. SIGNATURE DATE Exhibit C Fees for Use of Roanoke County Firearms Range Daily Rate for non - county Law Enforcement agencies $700 per day Western Virginia Regional Jail $500.00 per day The County Administrator has the authority to waive the fee for non - county law enforcement agencies that in consideration of free services provided to Roanoke County. X AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 1 3, 2011 RESOLUTION CERTIFYING THE CLOSED MEETING WAS HELD IN OONFORMITY 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. Page 1 of 1 ACTION NO. I TEM NO. P - 1 aU� 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: September 13, 2011 Ordinance amending the Roanoke County Zoning ordinance by the addition of amendments relating to Large and Utility Wind Energy Systems, including amendments to Section 30- 29 " Use Types; Generally," Various Sections In Article III "District Regulations," and a new Section 30 -87 -7 "Wind Energy System, Large; and Wind Energy System, Utility" in Article IV. "Use and Design Standards" Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY of INFORMATION: This is the second reading of an ordinance to amend the Roanoke County Zoning Ordinance to provide for large and utility wind energy systems. The first reading of this ordinance was held on July 23, 2911 and a public hearing was held on August 23, 2911. 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 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, 2911, the Planning Commission finalized draft zoning ordinance amendments dealing with large wind energy systems and utility wind energy systems. The Planning Commission held public hearing on draft zoning ordinance amendments for large and utility wind energy systems on March 1, 2911. Approximately sixty (59) citizens spoke at the public hearing. The Planning Commission postponed action on the draft ordinance amendments to review the public comments made during the public hearing. The Planning Commission held three (3) work sessions (March 15 April 19 and May 17 and visited a utility - scale wind farm in Greenbrier, WV, as part of its deliberations on Page 1 of 2 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) the draft zoning ordinance amendments. On June 14, 2011, the Board held a work session on this draft ordinance. On July 12, 2011, the Board held a work session to consider the scheduling for the consideration of this ordinance and the public hearing. On February 22, 2011, the Board of Supervisors held a public hearing on an ordinance amending the Roanoke County Zoning Ordinance by the addition of amendments relating to small wind energy systems. After the citizens spoke at this public hearing, the Board adopted numerous amendments to the draft ordinance that was in - the published agenda. The Board readopted - this ordinance at its meeting on March 8, 2011. The large and utility wind energy systems ordinance is a complementary element to the small wind energy ordinance. The proposed ordinance amends Article II — Definitions; Article III — District Regulations; and Article IV — Use and Design Standards. The Use and Design Standards are the key provisions of this ordinance. These provisions establish the standards by which any application for a large and utility wind energy system application will be judged by the Board. These standards include: setbacks, noise, shadowing and flicker, electromagnetic communications interference, speed controls, land clearing, soil erosion and habitat impacts, monitoring and maintenance, removal, decommissioning and application requirements. These application requirements impose an obligation on any applicant to provide the Board with reports and studies, including, but not limited to photographic simulations, sound studies, construction phasing schedules, Federal Aviation Administration (FAA) verification, wind data and notifications to the relevant federal and state authorities. STAFF RECOMMENDATION: It is recommended that the Board favorably consider the approval of these amendments to the zoning ordinance. 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, SEPTEMBER 13, 2011 ORDINANCE AMENDING THE ROANOKE COUNTY ZONING ORDINANCE BY THE ADDITION OF AMENDMENTS RELATING TO LARGE AND UTILITY WIND ENERGY SYSTEMS, INCLUDING AMENDMENTS TO SECTION 30 -29 "USE TYPES; GENERALLY," VARIOUS SECTIONS IN ARTICLE III "DISTRICT REGULATIONS," AND A NEW SECTION 30 -87 -7 "WIND ENERGY SYSTEM, LARGE; AND WIND ENERGY SYSTEM, UTILITY" IN ARTICLE IV. "USE AND DESIGN STANDARDS" WHEREAS, in June 2009 the Roanoke County Planning Commission and Community Development staff identified various provisions of the Roanoke County Zoning Ordinance to review and update as provided in Section 30 -14 of the Roanoke County Code and Section 15.2 -2285 of the Code of Virginia; and, WHEREAS, wind energy was one topic identified not only by County staff but also requested by citizens for further research to develop provisions to recommend be incorporated into the Zoning Ordinance; and, WH ERAS, the Planning Commission has reviewed wind energy issues in ten (10) work sessions over the past eighteen (18) months, and on January 24, 2011 completed its recommendations for proposed amendments incorporating small wind energy systems; and, WHEREAS, wind energy is a renewable source of alternative energy and alternative sources of energy are beneficial to Roanoke County, the Commonwealth of Virginia and the United states of America; and, WHEREAS, public necessity, convenience, general welfare and good zoning practice are valid public purposes for such recommendations by the Planning Commission and action by the Board of Supervisors; and, Page 1of10 WHEREAS, by Ordinance 022211 -4 adopted on February 22, 2011, the Board of Supervisors adopted amendments to the County zoning ordinance relating to small wind energy systems; and WHEREAS, the Planning Commission held its public hearing on these proposed amendments on March 1, 2011, after legal notice and advertisement as required by law; and, on May 17, 2011 recommended approval of these proposed amendments to the zoning ordinance; and, WHEREAS, the Board of Supervisors held work sessions on these proposed amendments to the zoning ordinance on June 14, 2011 and July 12, 2011; and WHEREAS, the Board of Supervisors held its first reading on this ordinance on July 26, 2011, and its second reading and public hearing after legal notice and advertisement as required by law on August 23, 2011. NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County as follows: 1. That the following sections of the Roanoke County Zoning Ordinance be amended to read and provide as follows. ARTICLE II - DEFINITIONS AND USE TYPES SEC. 30 -29. USE TYPES; GENERALLY, Definitions: Wind energyystem, laLge: A wind energy conversion system consisting of one or more wind turbines, towers and associated control or conversion electronics, having a rated nameplate capacity of not more than 999 kilowatts (1 For purposes of non - residential net metering, Virginia Code Sec. 56 -594B limits the electrical generating facility to a capacity of not more than 500 kilowatts. Page 2 of 10 Wind energy system, utility: A wind energy conversion system consisting of more than one wind turbine, towers and associated control or conversion electronics, having a rated nameplate capacity of one (1) megawatt (MW) or greater. ARTICLE III — DISTRICT REGULATIONS SEC. 30 -32. AG -3 AGRICULTURAL /RURAL PRESERVE DISTRICT. Sec. 30 -32 -2. Permitted Uses. (B) The following uses are allowed only by special use permit pursuant to section 30 -19. An asterisk ( *) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 5. Miscellaneous Uses Wind Energy System, Lard Wind Energy System, Utility* SEC. 30 -33. AG -1 AGRICULTURAL /RURAL LOW DENSITY DISTRICT. Sec. 30 -33 -2. Permitted Uses. (B) The following uses are allowed only by special use permit pursuant to section 30 -19. An asterisk ( *) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 6. Miscellaneous Uses Wind Energy System, Lard Wind Energy System, Utility SEC. 30 -61. I -1 LOW INTENSITY INDUSTRIAL DISTRICT. Sec. 30 -61 -2. Permitted Uses. (B) The following uses are allowed only by special use permit pursuant to section 30 -19. An asterisk ( *) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 3. Miscellaneous Uses Wind Energy System, Lard Wind Energy System, Utility Page 3 of 10 SEC. 30 -62. I -2 HIGH INTENSITY INDUSTRIAL DISTRICT. Sec. 30 -62 -2. Permitted Uses. (B) The following uses are allowed only by special use permit pursuant to section 30 -19. An asterisk ( *) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 4. Miscellaneous Uses Wind Energy System, Lard Wind Enemy System, Utility ARTICLE IV — USE AND DESIGN STANDARDS SEC. 30 -87. MISCELLANEOUS USES. Sec. 30 -87 -7. Wind Energy System, Large; and Wind Energy System, Utility. A) Pumose and Intent: The bumose of this ordinance is to brovide regulations for the placement, design, construction, monitoring, operation, modification, and removal of large wind energy systems and utility wind ener yyssystems, while addressina public safety, minimizing impacts on scenic, natural and historic resources of the Count not unreasonably interfering with the development of independent renewable energy sources_ (B) General Standards: 1. Type of Tower: The tower component of any large wind energy system or utility wind energy system shall be one of monopole design that is recommended and certified by the manufacturer. 2. Tower Color: Anv large wind enerav system tower or utility wind enerav system tower shall maintain a white or galvanized steel finish, unless Federal Aviation Administration (FAA) standards require otherwise. The Board of Supervisors may allow a property owner, who is attempting to conform the tower to the surrounding environment and architecture, to paint the tower to reduce its visual obtrusiveness_ 3. Setbacks: Larne wind enerav systems and utility wind enerav systems shall be set back a distance of one hundred ten percent (110 %) of the height of the wind energy system from all adjoining non - participating property lines, and shall be set back a distance of 2,640 feet from existing dwelling units on non - participating properties. The Board of Supervisors may modify the required setbacks from Page 4 of 10 property lines and existing dwelling units as appropriate based on site specific considerations during the special use permit process. Setbacks shall be measured from the base of the tower of the wind energy system. 4. Svstem Height and Separation: The maximum height of a large wind ener system or utility wind ener yyssystem, and the minimum distance required between these systems' towers shall be established during the special use permit process by the Board of Supervisors. System height is defined as the vertical distance measured from average grade at the base of the tower to the highest point of the turbine rotor or tip of the turbine blade when extended to its highest elevation. The system height established through a special use permit shall supersede any other height requirement in the zoning ordinance. 5. Noise: Larne wind enerav systems and utility wind enerav systems shall not exceed 60 decibels (dB(A)), as measured from the closest non - participating property line. Based upon site specific considerations, the Board of Supervisors may modify the decibel level during the special use permit process. An analysis, prepared by an acoustical engineer with a professional engineering license in the Commonwealth of Virginia, shall be provided to demonstrate compliance with this noise standard. 6. Shadowiniz/Flicker: Larne wind enerav systems and utility wind enerav systems shall be sited in a manner that minimizes shadowing and flicker impacts. The applicant has the burden of proving that this effect does not have significant adverse impacts on neighboring or adjacent uses through the appropriate siting of the facility or through miti ation. 7. Lighting: Large wind energy systems and utility wind energy systems shall not be artificially lighted unless required by the Federal Aviation Administration (FAA) or an appropriate authority. 8. Communication Interference: Larne wind enerav systems and utility wind ener systems shall be sited in a manner that minimizes the disruption or loss of radio, telephone, television or similar signals or service. If loss or disruption occurs due to the operation of the large wind energy system or utility wind energy s stem, the applicant shall be required to provide appropriate mitigation measures to ensure that the signal or service is restored within 24 hours. 9. Airports: No large wind enerav systems and utility wind enerav systems shall be constructed unless the applicant has i.) first completed and submitted a Federal Aviation Administration (FAA) Form 7460 -1 to the FAA for the preparation of an aeronautical study and determination of there being no Hazard to Air Navigation prior to filing an application for a special use permit; and ii.) has provided a copy of the completed FAA Form 7460 -1, including all attachments and the FAA's case study number, to the Executive Director of the Roanoke Regional Airport Commission at least 30 days prior to filing an application for a special use permit. Page 5 of 10 10. Zoning Overlay Districts: Large wind energy systems and utility wind energy systems shall comply with any additional requirements established in the airport overlay district in Section 30 -72 of this ordinance, and the emergency communications overlay district in Section 30 -73. 11. Advertising: Signs, writing, pictures, flags, streamers, or other decorative items that may be construed as advertising are prohibited on wind energy s stems, except as follows: (a.) Manufacturer's or installer's identification on the wind turbine; and (b) Appropriate warning signs and placards. 12. Speed Controls: Large wind energy systems and utility wind energy systems shall be equipped with manual (electronic or mechanical) and automatic over speed controls to limit the blade rotation speed to within the design limits of the wind energsystem. 13. Land Clearing. Soil Erosion and Habitat Imbacts: Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the wind facility. Adherence to Erosion and Sediment Control reyulations is required. The restoration of natural vegetation in areas denuded for construction activities shall be required so long as the restored vegetation does not interfere with the operation of the wind energy system or the maintenance thereof. 14. Monitoring and Maintenance: The abblicant shall maintain large wind ener systems and utility wind energy systems in good condition. Such maintenance shall include, but not be limited to, painting, structural integrity of the foundation and support structure and security barrier (if applicable), and maintenance of the buffer areas and landscaping if present. Site access shall be maintained to a level acceptable to the Zoning Administrator in accordance with the County's Fire Access Code. The project owner shall be responsible for the cost of maintaining the large wind energy system and the utility wind energy system and access roads, unless accepted as a public way, and the cost of repairing and damage occurring as a result of operation and construction. 15. Removal of Defective or Abandoned Large Wind Energy Systems or Utilit Wind Energy Systems: (a) At such time that a large wind energy system or utility wind energy system is scheduled to be abandoned or discontinued, the owner shall notify the Zoning Administrator by certified mail of the proposed date of abandonment or discontinuance of operations. (b) Within 180 days of the date of abandonment or discontinuation, the owner shall physically remove the large wind energy system or utility wind Page 6 of 10 energy system. This period may be extended at the request of the owner and at the discretion of the County. Physically remove shall include but not be limited to: i. Removal of the wind turbine and tower, all machinery, equipment, equipment shelters, security barriers, and all appurtenant structures from the subject property; ii. Proper disposal of all solid and hazardous materials and wastes from the site in accordance with local and state solid waste disposal regulations; iii. Restoration of the location of the large wind enerav system or utility wind energy system to its natural preexisting condition, except that any landscaping or r ading may remain in the after - condition if a written request is submitted by the landowner to the County. iv. Foundations shall be removed to a de -Dth of three (3) feet below ground level or covered to an equivalent depth with fill material. At the time of removal, the site shall be restored to its preexisting, condition. If a written request is submitted by the landowner to the County then this requirement may be waived or altered for any other legally authorized use. Restoration shall be verified by the County. C) If the large wind enerav system or utilitv wind enerav system. or anv - Dart thereof, is inoperable for more than 180 days and the owner fails to give such notice to the County, then the large wind energy system or utility wind energy system shall be considered abandoned or discontinued. The County shall determine in its decision what proportion of the large wind energy system or utility wind energy system is inoperable for the wind energy system to be considered abandoned. (d) Decommissioning_ i. If an a -D -Dlicant fails to remove a large wind enerav system or utilit wind energy system in accordance with this section of the ordinance, the County shall have the authority to enter the subject property and physically remove the facility. The County shall require the applicant, and /or subsequent owners of the property or large wind energy system or utility wind energy system, to provide a form of surety mutually greeable to the applicant and the County to cover costs of the removal in the event the County must remove the facility. Page 7 of 10 ii. Prior to obtaining a Certificate of Occubancv and Zonin Compliance from the County and on every tenth (10 anniversary of the commencement of the commercial operation of the project, the applicant shall provide to the County an estimate of the projected cost of removing the turbines and other equipment from the site as determined by an independent engineer mutually agreeable to the applicant and County ( "Gross Decommissioning Cost' ). iii. Based on this determination, the applicant shall post and maintain decommissioning funds in an amount equal to Net Decommissioning Cost, that being Gross Decommissioning Cost minus Salvage value. iv. Decommissioning Funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be mutually acceptable to the applicant and the County. V. The Decommissioning Funds shall be posted and maintained with a bonding company or Federal or State chartered lending institution mutually agreeable to the applicant and Count 16. Compliance with Other Regulations: Large wind energy systems and utility wind energy systems shall comply with all applicable local, state and federal regulations. 17. Application Requirements: a) All botential abblicants for a large wind enerav system or utility wind energsystem shall consult with County staff at least thirty (3 0) days prior to submitting an application. During this consultation, the applicant shall present information to the Coun . staff regarding the proposed project, its objectives and its potential site and viewshed impacts including potential direct and indirect impacts to a national or state forest, national or state park unit, wildlife management area, or known historic or cultural resource site within five (5) miles of the proposed project. The staff shall provide the potential applicant with information on County policies and standards for large wind energy systems and utility wind energsystems. (b) In addition to the application requirements contained in Section 30 -19 -2 of this ordinance, all applications for a large wind energy system or utility wind energy system shall provide the following at the time of the application: Page 8 of 10 i. A detailed concebt blan with broi ect location ma that show the location and clearing limits of all components of the large wind energy system or utility wind energ system. Project components include, but are not limited to: roads, power lines and other project infrastructure; collector, distribution and transmission lines; temporary or permanent stora lay down areas; substations; and any structures associated with the project. 11 A description and analysis of existing site conditions, including information on topo r archaeological and historic resources, natural water courses, floodplains, unique natural features, tree cover areas, etc. 111 Accurate. to scale. bhoto a simulations showing the relationship of the large wind energy system or utility wind energy system and its associated facilities and development (i.e. substation, appurtenances, disturbed areas, etc.) to its surroundings. The photographic simulations shall show such views of wind energy structures from locations such as property lines and roadways, as deemed necessary by the County in order to assess the visual impact of the large wind energy system or utilit wind energy system. The total number of simulations and the perspectives from which they are prepared shall be established by the County staff at the pre- submission consultation required in section 17 (a) above. County staff will work with all national or state forest, national park or state park unit, wildlife mana ement area, or known historic or cultural resource site within five (5� miles of the proposed project to establish which possible observation points and visual simulations will be necessary to represent the most sensitive views from which the project will be visible. iv. Sound study providing an assessment of pre - construction and post - construction conditions. Additionally, the applicant shall provide documentation regarding noise complaint response procedures and protocol for post - construction monitoring_ v. A phasing schedule for the construction of the large wind energy system or utility wind energy system, including staging areas, off - site storage facilities and transportation routes. vi. Written verification that all required submittals to the Federal Aviation Administration (FAA) have been submitted, including a copy of the completed FAA Form 7460 -1 and all attachments. A copy of the FAA's written determination of whether the proposed Page 9 of 10 large wind energy system or utility wind energy system would create a Hazard to Air Navigation shall be submitted. vii. A summary of the wind data Lyathered for the brobosed large wind energy system or utility wind energy system. The dates and periods of the collection of the wind data shall also be submitted. The applicant shall provide access to the wind data for County staff or its consultant(s), as needed. viii. The Countv shall brovide written notification to the office of a national or state forest, national or state park unit, wildlife mana,ement area, or known historic or cultural resource site, if a proposed wind energy system is within five (5) miles of the boundary of said entity ix. Information (including modeling) regarding . the impacts from shadowing and shadow flicker for the proposed large wind energy system or utility wind energy system during different times of the y ear (seasonal) and different times of the da. X. Additional information as deemed necessary by County staff. (c) The applicant shall be responsible for all fees associated with the filing of the application including the cost of any independent analysis deemed necessary the county to verify the information submitted for the large wind energy system or utility wind energy s stem. (d) The applicant shall conduct public information meeting(s) to discuss its development plans and obtain community feedback. Page 10 of 10