Loading...
HomeMy WebLinkAbout12/13/2011 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 13, 2011 RESOLUTION 121311 -1 TO ALLOW THE DIRECTOR OF LIBRARY SERVICES TO ESTABLISH FEES FOR THE USE OF LIBRARY MEETING ROOMS BASED UPON RECOMMENDATIONS FOR THE LIBRARY BOARD AND APPROVAL OF THE COUNTY ADMINISTRATOR WHEREAS, the Library Board has adopted policies and fees for the use of the community meeting rooms inside County libraries; and WHEREAS, with the opening of the new South County library the fees for the use of rooms within this new library will be increased; and WHEREAS, the Library Board and County staff requests the Board of Supervisors to authorize by resolution the authority of the Library Board and Director of Library Services to adopt policies and to establish fees for the use of community meeting rooms inside Roanoke County libraries. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County as follows: 1. That the Roanoke County Library Board is authorized to adopt policies for the use of community meeting rooms inside Roanoke County libraries. 2. That the Roanoke County Director of Library Services is authorized to establish fees for the use of community meeting rooms inside Roanoke County libraries based upon recommendations from the Roanoke County Library Board and subject to final approval by the Roanoke County Administrator. Page 1 of 2 3. That all revenues from the fees for the use of community meeting rooms and the rental of library facilities shall be appropriated by the Board of Supervisors to library operations. 4. That the effective date of this resolution shall be January 1, 2012. On motion of Supervisor Moore to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None A CGPY TESTS: Clerk to the Board o cc: Diana Rosapepe, Director of Library Services Diane D. Hyatt, Assistant county Administrator upervisors Page 2of2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 13, 2011 RESOLUTION 121311 -2 REQUESTING THE GENERAL ASSEMBLY OF VIRGINIA TO MAINTAIN THE MORATORIUM ON MINING URANIUM DURING THE 2012 GENERAL ASSEMBLY SESSION WHEREAS, the Board of Supervisors of Roanoke County, Virginia, recognizes that clean water, clean air and a healthful environment are critically important resources of the County and its surrounding region; and WHEREAS, the future economic development of our County and region are closely related to this region's healthy and pollution -free environment and natural beauty that currently make it so desirable as a destination for visitors and new residents; and WHEREAS, in 1983 the potential for mining uranium in the Virginia counties of Pittsylvania and Orange was proposed whereby the Virginia Assembly issued a moratorium on the mining and milling of uranium, which remains in effect today, until the industry could prove that it is capable of performing such activities without hazardous impacts to the natural resources and public health of the Commonwealth; and WHEREAS, a company known as Virginia Uranium, Inc., has proposed mining and milling the uranium ore at the Coles Hill Deposit in Pittsylvania County, Virginia, stating to its investors that it will seek legislation to repeal the moratorium in the 2012 session of the Virginia General Assembly; and WHEREAS, the mining operations proposed by Virginia Uranium, Inc. could result in large quantities of airborne radioactive dust and in highly mobile radioactive mill tailings which must be stored as sludge in ponds and eventually in dewatered tailings piles that can retain eight -five percent (85 %) of their original radioactivity for thousands of years; and Page 1 of 3 WHEREAS, it is possible that these sludge ponds and tailings pile confinement structures could fail, resulting in the release of radioactive materials into surface waters and the surrounding environment; and WHEREAS, unlike almost all uranium mining operations in North America that are currently located in arid regions or in areas remote from population, the Coles Hill site is in the Roanoke River basin, which serves as a drinking water source for over one million people in Virginia and North Carolina including several military bases, a source that would face increased risks associated with uranium mining and milling and storage of radioactive wastes; and WHEREAS, over sixty -five (65) communities, agencies and organizations throughout the region have gone on record as being opposed to the lifting of the moratorium on uranium mining until it can be shown it can be done without hazardous impacts to natural resources and public health; and NOW, THEREFORE BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Virginia, 1. That the Virginia General Assembly maintain the moratorium on mining uranium indefinitely, or until the industry provides proof through an independent scientific study that it is capable of performing such activities without hazardous impacts to the natural resources and public health of the Commonwealth. 2. The scientific study must be provided by a person or persons that are not affiliated with, employed by, or hired by Virginia Uranium Incorporated, its agents or employees, or any person or company that is involved in uranium mining or milling. Page 2 of 3 I That the Clerk to the Board is directed to send a copy of this resolution to each member of the County's legislative delegation, the Virginia Association of Counties, the Virginia Municipal League and to all groups currently studying uranium mining in the Commonwealth of Virginia. On motion of Supervisor Moore to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None cc: Paul M. Mahoney, County Attorney Senator .John S. Edwards Senator Ralph K. Smith Senator Stephen Newman Delegate Gregory D. Habeeb Delegate Christopher Head Delegate Onzlee Ware Virginia Association of Counties Virginia Municipal League Clerk to the Board of Page 3 of 3 pervisors A COPY TESTS: AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 13, 2011 RESOLUTION 121311 -3 ADOPTING ADDITIONAL LEGISLATIVE INITIATIVES FOR THE 2012 SESSION OF THE VIRGINIA GENERAL ASSEMBLY AND PETITIONING THE GENERAL ASSEMBLY TO FAVORABLY CONSIDER THE TOPICS AND ISSUES ADDRESSED HEREIN WHEREAS, the Board of Supervisors of Roanoke County, Virginia, on October 11 2011, adopted a legislative program resolution for the 2012 session of the Virginia General Assembly; and WHEREAS, the Board has identified additional legislative initiatives for the 2012 session of the Virginia General Assembly; and WHEREAS, the Board adopts this resolution for additional legislative initiatives for the consideration of the Virginia General Assembly. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that the following additional legislative initiatives are submitted for its legislative program for the 2012 session of the Virginia General Assembly for its favorable consideration and adoption. 1. Transient occupancy tax — Currently Roanoke County's transient occupancy tax is capped at five percent (5 %). It is requested that Section 58.1 -3823 of the Code of Virginia be amended to allow Roanoke County to impose a transient occupancy tax not exceed seven percent (7 %). The Convention and Visitor's Bureau (CVB) has requested the County to allocate additional funds from this tax to support its operations. If this increase in the transient occupancy tax were approved, Roanoke Page 1 of 3 County could enter into an agreement with the CVB to allocate these additional tax proceeds to its operations. 2. Economic Deveiopment Authority Membership -- Current State Code limits industrial development authority/economic development authority boards to seven members. It is requested that Section 15.2 -4904 of the Code of Virginia be amended to increase the membership of these boards to ten (10) members within the discretion of the local governing body. That the Clerk to the Board of Supervisors is directed to send an attested copy of this resolution to Governor McDonnell, Senator John S. Edwards, Senator Ralph Smith, Delegate Greg Habeeb, Delegate Chris T. Head, Senator Stephen D. Newman, Delegate Gnzlee Ware, Stephanie Moon, Roanoke City Clerk; Members of the Roanoke City Council; Kevin S. Boggess, Clerk for Salem City Council; Members of the Salem City Council; Clerk for the Town of Vinton; Members of the Vinton Town Council and the Roanoke Valley- Alleghany Regional Commission, and the Virginia Association of Counties. On motion of Supervisor Moore to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None A GOPY TESTS: "WUU1 Qi 1 Lam. OCQ ONZO Clerk to the Board Page 2 of 3 upervisors cc: Paul M. Mahoney, County Attorney Senator John S. Edwards Senator Ralph K. Smith Senator Stephen Newman Delegate Gregory D. Habeeb Delegate Christopher Head Delegate Onzlee Ware Stephanie Moon, Roanoke City Clerk Roanoke City Council Kevin S. Boggess, Salem City Clerk Salem City Council Susan N. Johnson, Vinton Town Clerk Vinton Town Council Roanoke Valley Aileghany Regional Commission Virginia Association of Counties Page 3 of 3 ACTION NO. A- 121311 -4 ITEM NO. E -4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 13, 2011 AGENDA ITEM: Request to appropriate $25,000 to Roanoke County Schools from the Commonwealth of Virginia SUBMITTED BY: Dr. Carol Whitaker Assistant Superintendent of Personnel Kim Thompson Assistant Supervisor of Personnel APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Each year, teachers who are Nationally Board Certified receive an incentive from the Commonwealth of Virginia that must be processed through Roanoke County Schools' accounting process. The Commonwealth of Virginia will electronically transfer $25,000 to cover the incentive to Roanoke County Schools. The payroll office will distribute funds on the next available payroll. FISCAL IMPACT: The personnel budget will be increased by $25,000. ALTERNATIVES: None STAFF RECOMMENDATION: Roanoke County Schools requests that $25,000 be appropriated to the Personnel Budget to provide the incentive for Nationally Board Certified Teachers. Page 1 of 1 VOTE: Supervisor Church moved to approve the staff recommendation. Motion approved. cc: Dr. Carol Whitaker, Assistant Superintendent of Personnel Rebecca Owens, Director of Finance Diane D. Hyatt, Assistant County Administrator Page 2 of 1 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Flora � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Church � ❑ ❑ cc: Dr. Carol Whitaker, Assistant Superintendent of Personnel Rebecca Owens, Director of Finance Diane D. Hyatt, Assistant County Administrator Page 2 of 1 ACTION NO. A- 121311 -5 ITEM NO. E -5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 13, 2011 AGENDA ITEM: SUBMITTED BY: Request to grant an additional Christmas Holiday on Friday, December 23, 2011 B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: The Commonwealth of Virginia 2011 Pay and Holiday Calendar states that the State will close state offices on December 23, 2011, so that State employees' can enjoy an additional day off with their families. The County Administrator has asked that the Board of Supervisors grant an additional holiday to County employees be added to the Agenda as item E., New Business., Item 5. He is proposing that the County provide to the County employees an additional holiday on Friday, December 23, 2011. Some employees such as public safety providers and solid waste collections will continue and that such employees will receive holiday pay in accordance with County policies. I respectfully request that the Board of Supervisors amend the agenda and at the appropriate time vote to grant the additional holiday day on Friday, December 23, 2011. VOTE: Supervisor Flora moved to approve the staff recommendation. Motion approved. Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Flora � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Church � ❑ ❑ cc: B. Clayton Goodman III, County Administrator Rebecca Owens, Director of Finance Joseph Sgroi, Director of Human Resources AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 13, 2011 ORDINANCE 121311 -6 AMENDING CHAPTER 13. - "OFFENSES - MISCELLANEOUS" PROVIDING FOR AN URBAN ARCHERY DEER SEASON IN ROANOKE COUNTY WHEREAS, human /deer conflicts are increasing in Roanoke County and these conflicts have caused damage to vehicles and personal property; and WHEREAS, the adoption of local ordinances prohibiting the discharge of firearms have created large tracts of land that act as sanctuaries for unregulated growth of deer populations; and WHEREAS, archery deer hunting is an effective and quiet method for harvesting deer in urban settings; and WHEREAS, the Board of Supervisors finds that establishing an urban archery deer season in Roanoke County would minimize these human /deer conflicts and would be an effective deer management option; WHEREAS, the first reading of this ordinance was held on November 15, 2011 and the second reading was held on December 13, 2011. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Article I. -In General of Chapter 13.- Offenses - Miscellaneous be amended by the addition of a new section, Section 13 -5.5. -Urban archery hunting season to read and provided as follows: Section 13 -5.5. -Urban archery hunting season. Page 1 of 3 Archery deer hunting is permitted within the county limits by licensed hunters during an approved Virginia Department of Game and Inland Fisheries Urban Archery Season. In addition to the urban archery season, archery deer hunting is also allowed during the early archery deer season, the general firearms deer season, and the late archery deer season. Licensed archery deer hunters must abide by all applicable sections of the Virginia State Code and Virginia Hunting Regulations (including bag limits and tagging /checking requirements). It shall be unlawful and a Class 1 misdemeanor for any person, while hunting deer during the county's archery season, to violate any of the following additional county restrictions: (a) Any person discharging a bow shall, at all times, while engaged in such activity, have in his possession written permission from the landowner(s) to discharge such a weapon on his premises. (b) No person shall discharge a bow from, over or across any street, sidewalk, alley, near primary or secondary highways, roadway, or public land or public place or near a public school and county /town /regional parks within the County limits or toward any building or dwelling in such a manner that an arrow may strike it. (c) No person may discharge a bow unless from an elevated position of at least ten (10) feet above the ground. (d) It shall be unlawful for any person to engage in hunting with a bow or to discharge arrows from bows within one hundred (100) yards of a dwelling house or occupied building not his or her own. A "bow" includes all compound bows, crossbows, longbows and recurve bows that have a peak Page 2of3 draw of less than ten (10) pounds or that are designed or intended to be used principally as toys. The term "arrow" means a shaft -like projectile intended to be shot from a bow, 2. That this ordinance shall be full force and effect from and after January 1, 2012. On motion of Supervisor Moore to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None A COPY TESTS: Del3erah C. Jacks Clerk to the Board Supervisors cc: Paul M. Mahoney, County Attorney Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, DECEMBER 13, 2011 ORDINANCE 121311 -7 APPROVING A NEW INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ROANOKE AND THE COUNTY OF ROANOKE FOR THE JOINT 800 MHZ PUBLIC SAFETY RADIO SYSTEM WHEREAS, the County of Roanoke and the City of Roanoke previously entered into an Intergovernmental Agreement dated December 17, 1997, for the purpose of expanding the County's existing 800 MHZ trunked radio communication system ( "the System ") to serve both the County and the City's fire, police, emergency and other radio communications needs pursuant to Section 15.2 -1300 of the Code of Virginia (1950), as amended; and WHEREAS, that original Intergovernmental Agreement was for a term of fifteen (15) years and was set to expire in 2012, and said Agreement has been previously amended in October 2001, September 2005 and October 2009, in connection with operational details for the System and the FCC rebanding project; and WHEREAS, the County completed its transition to the digital radio platform in the fall of 2009 and has subsequently worked cooperatively with the City on the transition of its public safety channels to the same digital radio technology and WHEREAS, the implementation of digital radio systems in both jurisdictions provides for a jointly owned and operated public safety radio system for the enhanced safety and welfare of the entire Roanoke Valley while continuing the 50/50 cost sharing arrangement provided for in the original Agreement and its amendments; and WHEREAS, as a result of the full integration of a joint radio system, the County and City staff have negotiated a new Intergovernmental Agreement to provide a clear, Page 1 of 2 description of services, responsibilities, roles, ownership of property and cost of services to maintain the System as a joint system of the county of Roanoke and the City of Roanoke under the term of the Agreement; and WHEREAS, the first reading of this Ordinance was held on November 15, 2011, and a second reading was held on December 13, 2011 NOW, THEREFORE, BE IT ORDAINED BY the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Intergovernmental Agreement for the Joint Use of the 800 MHZ Radio System between the county of Roanoke and the City of Roanoke is approved. 2. That the County Administrator is hereby authorized to execute the Intergovernmental Agreement for the Joint Use of the 800 MHZ Radio System upon such form as approved by the County Attorney. 3. That this Ordinance shall be in effect from and after its adoption. On motion of Supervisor Altizer to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None � Irlr ftr -mr 5 1%.M 6 0 %W 0 %'W %.ft %"� Clerk to the Boar of Supervisors cc: Paul M. Mahoney, County Attorney Bill Greeves, Director of Communications and Information Technology Page 2of2 A DOPY TESTE: AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, DECEMBER 13, 2011 ORDINANCE 121311 -8 AUTHORIZING CONVEYANCE OF A VARIABLE WIDTH WATER AND SANITARY SEWER LINE EASEMENT TO THE WESTERN VIRGINIA WATER AUTHORITY TO BE LOCATED WITHIN A PUBLIC RIGHT -OF -WAY KNOWN AS GREEN TREE LANE, SAID RIGHT - OF -WAY HAVING BEEN DEDICATED TO THE BOARD OF SUPERVISORS, CATAWBA MAGISTERIAL DISTRICT WHEREAS, the Western Virginia Water Authority (WVWA) requires an easement for underground water and sewer lines within the public right -of -way known as Green Tree Lane to provide water and sewer service to the area, all as shown on the plat entitled "VARIABLE WIDTH WATER AND SANITARY SEWER EASEMENT EXHIBIT FOR THE BENEFIT OF THE WESTERN VIRGINIA WATER AUTHORITY, GREEN TREE LANE, COUNTY OF ROANOKE, VIRGINIA," (Exhibit A) dated 11/7/2011; and WHEREAS, Green Tree Lane was dedicated in fee simple to Roanoke County by subdivision plat of Section 9, North Lakes Subdivision, dated February 28, 1972, and recorded in Plat Book 8, page 15 in the Roanoke County Circuit Court Clerk's Office; and WHEREAS, the proposed right -of -way 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 November 15, 2011, and a second reading was held on December 13, 2011. 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Page 1 of 2 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 WVWA for the provision of water service. 3. That donation to WVWA of an easement for underground water and sewer lines and related improvements, within the easement area designated on the above- mentioned map, on the County's property known as Green Tree Lane to provide water and sanitary sewer service to the area 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. On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Flora, Elswick, Church ABSTAIN: Supervisor Altizer NAYS: None A COPY TESTE: A ngnborah C. Jacks LOOP' Clerk to the Board of Supervisors cc: Joe Obenshain, Senior Assistant County Attorney Arnold Covey, Director of community Development Tarek Moneir Deputy Director of Development Philip Thompson, Deputy Director of Planning Page 2 of 2 W xa ° a = J�4 LL. •S S •!�� �s� 3 W O SOW . S� �lfj O w v xa 0 9 L c) w z ~z \ W W �Z� LL, LLJ • ��f�fh �N��A� � ` � � � Q W= WE Z W W a: 0 CL 0 % 4 . (6 II II z �i vq 00 �6 w o vi AAA `� �aZ11 II OOG }CC 0 _ \S OTC .� .O O W H z a W �ws m O Z z W Z o 0 g W W a o caa� O CLi 0 0 w U�OU�g�W vz3 ��_vW- F- Q _ LL Le m a W 0 G Z U � MU zNO�`' m(n W a a o a • Z N O O C � a° Z Y C =az �2 N M 4 1A tC D U Z � N�'o00h I ^O y \�Z;�r< OJ Z o� I F �V �Z o� Z J ^^ J 0 0 0 0 0 0 0 0 � QO��W S p � Q ; 0 eFhh�l•0000 �•NN 0 � 0 0 0 0 � ~ • N haoh M '7 w W I NN�o�ti) J m to h A �4 N N � GO Z I Z m o �N",�h�o�ao 1- 4 Z v �� N N p�N� � ,7VIQL ,Li TV* 3.LV 'Z.SLS— a iA N v 4 0 0 2 ^N �Q g o I ? � � a� 0 � I O r j S3 O N 3 Z O ~ ti v 0 a Z ^N in a W � to � I� W o Zp'i o O� 01zz=Z o0 2 ZO CL O W xa ° a = J�4 LL. •S S •!�� �s� 3 W O SOW . S� �lfj O w v xa 0 9 L c) w z ~z \ W W �Z� LL, LLJ • ��f�fh �N��A� � ` � � � Q W= WE Z W W a: 0 CL 0 % 4 . (6 II II z �i vq 00 �6 w o vi AAA `� �aZ11 II OOG }CC 0 _ \S OTC .� .O O W H z a W �ws m O Z z W Z o 0 g W W a o caa� O CLi 0 0 w U�OU�g�W vz3 ��_vW- F- Q _ LL Le m a W 0 G Z U � MU zNO�`' m(n W a a o a • Z N O O C � a° Z Y C =az �2 N M 4 1A tC D U — t9 ZZ� OO t fiLN W, � O I ZC9No y \�Z;�r< OJ I F �V �Z o� Z W xa ° a = J�4 LL. •S S •!�� �s� 3 W O SOW . S� �lfj O w v xa 0 9 L c) w z ~z \ W W �Z� LL, LLJ • ��f�fh �N��A� � ` � � � Q W= WE Z W W a: 0 CL 0 % 4 . (6 II II z �i vq 00 �6 w o vi AAA `� �aZ11 II OOG }CC 0 _ \S OTC .� .O O W H z a W �ws m O Z z W Z o 0 g W W a o caa� O CLi 0 0 w U�OU�g�W vz3 ��_vW- F- Q _ LL Le m a W 0 G Z U � MU zNO�`' m(n W a a o a • Z N O O C � a° Z Y C =az �2 N M 4 1A tC D U Z I Ulm g o y I F O O O � Z I � F W = Z S I z w O O I• �O� \ � M '7 w W I I m o 1- 4 Z v �� N N p�N� .e a iA N Q NMI = N II rj rl �Q g o aki ,96T m + X C—I Z o N I °I ' p � v 0 ' 10 ga Z 0 W 00 N 0 4-0 N \ Q Of LLI W = Z 1n' a 00 N w 0 I W � � � O N y ^ L I%- -,ZOV*I A.00,i *.*ZN L Z 01 v o W o N _� ����Za Qli p� O II ••o M W L • a z Q �� o W o h Z Z w Q w— ~ W O W w � U O ` � V p O Z (� m Z m W U- � LiJ o J� N �� m o �o p= w O j m Z 1-4 U C, ci U) C ��ZONOc cli I Q L) CD I H 0) Z 4 I I = z � -,99 "1 ALOO, l f iLN I N 'I p E--4 m I'N S le t J co O _ ap WU�O W OE �tIN m Q W xa ° a = J�4 LL. •S S •!�� �s� 3 W O SOW . S� �lfj O w v xa 0 9 L c) w z ~z \ W W �Z� LL, LLJ • ��f�fh �N��A� � ` � � � Q W= WE Z W W a: 0 CL 0 % 4 . (6 II II z �i vq 00 �6 w o vi AAA `� �aZ11 II OOG }CC 0 _ \S OTC .� .O O W H z a W �ws m O Z z W Z o 0 g W W a o caa� O CLi 0 0 w U�OU�g�W vz3 ��_vW- F- Q _ LL Le m a W 0 G Z U � MU zNO�`' m(n W a a o a • Z N O O C � a° Z Y C =az �2 N M 4 1A tC D U AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 13, 2011 RESOLUTION 121311 -9 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for December 13, 2011, designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 8 inclusive, as follows: 1. Approval of minutes — October 25, 2011; November 15, 2011 2. Resolution establishing a meeting schedule for the Board of Supervisors of Roanoke County for calendar year 2012 3. Request to accept and appropriate funds in the amount of $8,003 to the Sheriff's Office from State Criminal Alien Assistance Program (SCARP), approved by the Department of Justice, Bureau of Justice Assistance 4. Confirmation of appointments to the Library Board (appointed by District) and the Roanoke Valley Convention and Visitors Bureau Board of Directors (appointed by the County Administrator) 5. Request for authorization to negotiate a contract for a construction project where the lowest bid is within ten percent (10 %) of available funds — Glenvar Library Construction 6. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Blas Cotto, Custodian, upon his retirement after more than six (6) years of service Page 1 of 2 On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None A COPY TESTE: - - KLa borah C. Jacks �/ Clerk to the Board of Supervisors Page 2of2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 13, 2012 RESOLUTION 121311 -9.a ESTABLISHING A MEETING SCHEDULE FOR THE BOARD OF SUPERVISORS OF ROANOKE COUNTY FOR CALENDAR YEAR 2012 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That for calendar year 2012, the regular meetings of the Board of Supervisors of Roanoke County, Virginia, are set forth below with public hearings scheduled for 7:00 p.m. unless otherwise advertised. Tuesday, January 10, 2012 at 3 pm Tuesday, January 24, 2012 at 3 pm and 7 pm Tuesday, February 14, 2012 at 3 pm Tuesday, February 28, 2012 at 3 pm and 7 pm Tuesday, March 13, 2012 at 3 pm Tuesday, March 27, 2012 at 3 pm and 7 pm Tuesday, April 10, 2012 at 3 pm Tuesday, April 24, 2012 at 3 pm and 7 pm Tuesday, May 8, 2012 at 3 pm Tuesday, May 22, 2012 at 3 pm and 7 pm Tuesday, June 12, 2012 at 3 pm Tuesday, June 26, 2012 at 3 pm and 7 pm Tuesday, July 10, 2012 at 3 pm Tuesday, July 24, 2012 at 3 pm and 7 pm Tuesday, August 14, 2012 at 3 pm Tuesday, August 28, 2012 at 3 pm and 7 pm Tuesday, September 11, 2012 at 3 pm Tuesday, September 25, 2012 at 3 pm and 7 pm Page 1 of 2 Tuesday, October 9, 2012 at 3 pm Tuesday, October 23, 2012 at 3 pm and 7 pm Tuesday, November 13, 2012 at 3 pm and 7 pm Tuesday, December 11, 2012 at 3 pm 2. That the organizational meeting for 2013 shall be held on Tuesday, January 8, 2013, at 2:00 p.m. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None A CGPY TESTS: cc: Paul M. Mahoney, county Attorney Page 2 of 2 Clerk to the Board of Supervisors ACTION NO. A- 121311 -9.b ITEM NO. 1 -3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: December 13, 2011 Request to accept and appropriate funds in the amount of $8,003 to the Sheriff's Office from State Criminal Alien Assistance Program (SCARP), 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 purchase audio and visual equipment for training purposes. FISCAL IMPACT: This grant requires no match. STAFF RECOMMENDATION: Staff recommends accepting and appropriating the SCARP grant from the Department of Justice in the amount of $8,003 to the Sheriff's Office. Page 1 of 2 VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. cc: Michael G. Winston, Sheriff Rebecca Owens, Director of Finance Page 2 of 2 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Flora � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Church � ❑ ❑ cc: Michael G. Winston, Sheriff Rebecca Owens, Director of Finance Page 2 of 2 ACTION NO. A- 121311 -9.c ITEM NO. 1 -4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: December 13, 2011 Confirmation of appointment to theLibrary Board (appointed by District) and the Roanoke Valley Convention and Visitors Bureau Board of Directors (appointed by the County Administrator) Deborah C. Jacks Clerk to the Board B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Library Board Chairman Church has reappointed Diana Beamer to represent the Catawba Magisterial District for a four -year term, which will expire on December 31, 2015. Confirmation of the appointment has been placed on the Consent Agenda. Supervisor Elswwick has reappointed Sarah McClure to represent the Windsor Hills District for a four -year term, which will expire on December 31, 2015. Confirmation of the appointment has been placed on the Consent Agenda. 2. Roanoke Valley Convention and Visitors Bureau Board of Directors (appointed by the County Administrator) B. Clayton Goodman III has appointed Douglas Blount to fulfill Thomas A. "Pete" Haislip's term. Mr. Bount's term will expire on June 30, 2012. Ratification of the appointment has been placed on the Consent Agenda. Page 1 of 2 VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. cc: Doug Blount, Associate Director of Parks, Recreation and Tourism Page 2 of 2 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Flora � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Church � ❑ ❑ cc: Doug Blount, Associate Director of Parks, Recreation and Tourism Page 2 of 2 ACTION NO. A- 121311 -9.d ITEM NO. 1 -5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 13, 2011 AGENDA ITEM: Request for authorization to negotiate a contract for a construction project where the lowest bid is within ten percent (10 %) of available funds — Glenvar Library Construction SUBMITTED BY: Daniel R. O'Donnell Assistant County Administrator APPROVED BY: B. Clayton Goodman, III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Bids for construction of the Glenvar Library were submitted and opened on December 1, 2011. We received a total of eight (8) bids. All of the bids were over the funds available for the construction portion of the project, but the lowest bid was only approximately six percent (6 %) over available funds. Sec. 2.2 -4318 of the Code of Virginia authorizes negotiations with the lowest responsible bidder, and provides as follows: § 2.2 -4318. Negotiation with lowest responsible bidder. Unless canceled or rejected, a responsive bid from the lowest responsible bidder shall be accepted as submitted, except that if the bid from the lowest responsible bidder exceeds available funds, the public body may negotiate with the apparent low bidder to obtain a contract price within available funds. However, the negotiation may be undertaken only under conditions and procedures described in writing and approved by the public body prior to issuance of the Invitation to Bid and summarized therein. Consistent with State Code, the County's "Procurement Policy & Procedures Manual" in Section 7.1 provides as follows: Page 1 of 3 7.1 A contract shall be awarded with reasonable promptness, by written notice to the lowest responsible bidder whose bid meets the requirements and criteria set forth in the invitation for bids. In the event all bids for a construction project exceed available funds and the lowest responsive and responsible bid does not exceed such funds by more than ten (10) percent, the Board of Supervisors may authorize, when time or economic considerations preclude re- solicitation of work of a reduced scope, negotiations of an adjustment of the bid price with the lowest responsive and responsible bidder in order to bring the bid within the amount of available funds. A summary of the above language was included in the bid documents forwarded to all bidders as required by State code. The architect believes that it will be very possible to negotiate with the lowest bidder to bring the construction cost in line with the project budget, without negatively impacting the design or amenities included therein. This would result in the project remaining on schedule and within the budgeted costs. Alternatives There are three alternatives possible: 1) Authorize staff and project architect to negotiate with the lowest responsible bidder to bring the building construction costs within the amount of funds allocated. The result of a successful negotiation would result in the project being on time and within budget. 2) Reject all bids, redesign and rebid the project. This alternative would delay the project, increase temporary storage costs and temporary library rental costs and not allow the project to stay on schedule. Also there is no way to be absolutely certain a rebid would result in the project coming in under budget. 3) Request that the Board of Supervisors appropriate additional funds resulting in the project going over the original budget. Due to current budgetary and economic conditions and additional source of funds has not been identified. Staff Recommendation Staff recommends Alternative One, authorizing the staff and project architect to negotiate with the lowest responsible bidder to bring the building construction costs within the amount of funds allocated for the project. Fiscal Impact There would be no negative fiscal impact if a successful agreement is negotiated. Page 2 of 3 VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. cc: Daniel R. O'Donnell, Assistant County Administrator Page 3of3 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Flora � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Church � ❑ ❑ cc: Daniel R. O'Donnell, Assistant County Administrator Page 3of3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 13, 2011 RESOLUTION 121311 -9.e EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO BLAS COTTO, CUSTODIAN, UPON HIS RETIREMENT AFTER MORE THAN SIX (6) YEARS OF SERVICE WHEREAS, Blas Cotto was hired on October 15, 2005 as a Custodian; and WHEREAS, Mr. Cotto retired on December 1, 2011, after six years and one month of devoted, faithful and expert service with the County; and WHEREAS, during his time serving Roanoke County, Mr. Cotto always exhibited an attitude of friendliness, care, respect and consideration of coworkers and others; and WHEREAS, Mr. Cotto was dedicated to the employees working in the Roanoke County Public Safety Center and will be greatly missed by them; and WHEREAS, Mr. Cotto was a dedicated and reliable employee who often assisted others in performing their job duties; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to BLAS COTTO for more than six (6) years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. Page 1 of 2 0n motion of S. u pervisor Altize r to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, church NAYS: None A COPY TESTS: Deborah C. Jack Clerk to the Boara of Supervisors Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 13, 2011 RESOLUTION 121311-10 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH ~rHE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2 --3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member's knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies; and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Chairman Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None Clerk to the Board of pervisors A COPY TESTS: AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 13, 2011 RESOLUTION 121311 -11 OF CONGRATULATIONS TO THE NORTHSIDE HIGH SCHOOL BASEBALL TEAM FOR WINNING THE VIRGINIA HIGH SCHOOL LEAGUE (VHSL) GROUP AA CHAMPIONSHIP WHEREAS, team sports are an important part of the curriculum at schools in Roanoke County, teaching cooperation, sportsmanship and athletic skill; and WHEREAS, the Northside High School baseball team won its first Group AA State Championship this year, beating Tunstall4 -0 on June 11, 2011, at Radford University; and WHEREAS, Northside High School won the VHSL Group AA Region III Championship on June 10, 2011, at Calfee Park in Pulaski, by defeating York by 6 to 4; and WHEREAS, the Northside Vikings earned their first trip to a State championship game by defeating Cave Spring High School in the Group AA semifinal game by 12 to 11; and WHEREAS, the Northside Vikings finished their season with an outstanding regular season record of 14 wins and 6 losses and a final record of 21 wins and 8 loses; and WHEREAS, the Vikings are under the dedicated leadership of Head Coach Ed Culicerto and Assistant Coaches Ben Creasy, Patrick Weddle, Jimmy Winterer, Kelly Dampeer, Stan Adams, David Culicerto, Aden Martin and Score Keeper Jim Wolfe. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia does hereby extend its sincere congratulations to the members of the NORTHSIDE HIGH SCHOOL BASEBALL TEAM: Tray Bayse, Sam Carruthers, Matt Culicerto, Todd Dunbar, Tyler Fisher, Tyler Goodman, Jonathan Hale, Zach Hamilton, Page 1 of 2 Adam Hardister, Cory Lewis, Parker Linden, Lucas Nowlin, Ben Plunkett,Tyler Rowsey, Logan Stanley, Brett Tuck and Tyler Wolfe, BE IT FURTHER RESOLVED, that the Board of Supervisors extends its best wishes to the members of the team, the coaches, and the school in their future endeavors. On joint motion of Chairman Church and Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None A COPY TESTS: S110 f- Deborah C. Jacks Clerk to the Board o Supervisors Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, DECEMBER 13, 2011 ORDINANCE 121311 -12 REZONING 13.7 ACRES FROM AR, AGRICULTURAL /RESIDENTIAL DISTRICT, TO AV, AGRICULTURAL/ VILLAGE CENTER DISTRICT, FOR PRIMARY /SECONDARY EDUCATIONAL FACILITIES AND GENERAL OFFICE USE AND TO OBTAIN A SPECIAL USE PERMIT FOR A CONVENIENCE STORE LOCATED AT 9651 BENT MOUNTAIN ROAD, WINDSOR HILLS MAGISTERIAL DISTRICT (TAX MAP NO. 103.00 -02- 21.00), UPON THE APPLICATION OF GLENN REED WHEREAS, the first reading of this ordinance was held on September 27, 2011, and the second reading and public hearing were held December 13, 2011; and, WHEREAS, the Roanoke County Planning Commission held public hearings on this matter on October 4, 2011 and December 5, 2011; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to Glenn Reed for a convenience store located at 9651 Bent Mountain Road in the Windsor Hills Magisterial District is substantially in accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2 -2232 of the 1950 Code of Virginia, as amended, and that it shall have a minimum adverse impact on the surrounding neighborhood or community, and said special use permit is hereby approved. 2. That the zoning classification of a certain tract of real estate containing approximately 13.7 acres, as described herein, and located at 9651 Bent Mountain Road (Tax Map Number 103.00 -02- 21.00) in the Windsor Hills Magisterial District, is hereby changed from the zoning classification of AR, Agricultural /Residential District, to the zoning Page 1 of 3 classification of AV, Agricultural/Village Center District. 3. That this action is taken upon the application of Glenn Reed. 4. That the owner of the property has voluntarily proffered in writing the following condition which the Board of Supervisors of Roanoke county, Virginia, hereby accepts: (1) The site shall be developed in substantial conformance with the site plan prepared by Pierson Engineering and Surveying, dated November 28, 2011, and the architectural renderings prepared by Interactive Design Group dated July 18, 2011. 5. That said real estate is more fully described as follows: Being 13.7 acres of real estate located at 0051 Bent Mountain Road and further described as Tax Map No. 103.00 - 0221.00. 6. That this ordinance shall be in hall force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Elswickto adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, church NAYS: None Clerk to the Board o cc: Arnold covey, Director of Community Development Tarek Moneir, Deputy Director of Development Philip Thompson, Deputy Director of Planning upervisors Page 2 of 3 A COPY TESTS: William Driver, [director of Real Estate Valuation Paul Mahoney, County Attorney John Murphy, Zoning Administrator Page 3 of 3 AT A REGULAR MEETING OF THE BORAD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER, 2011 ORDINANCE 121311 -13 DECLARING 5915 GARNER ROAD IN ROANOKE, VIRGINIA (TAX MAP 86.20 -02- 05.00) AS BLIGHTED; AUTHORIZING SPOT BLIGHT ABATEMENT; AND APPROPRIATION OF FUNDS WHEREAS, Section 36- 49.1:1 of the State Code authorizes any locality to acquire or repair any blighted property by purchase or through the exercise of the power of eminent domain; and WHEREAS, the locality shall have the power to recover the costs of any repair or disposal of such property from the owner; and WHEREAS, the Chief Building Official of Roanoke County has determined that 5915 Garner Road in Roanoke, Virginia, is blighted and has provided the owner of this property with notice as required by law; and WHEREAS, the Chief Building Official has determined that this residential structure endangers the public's health, safety or welfare because this structure is dilapidated, deteriorated, or violates minimum health and safety standards; and WHEREAS, the Chief Building Official recommends that the Board consider the acquisition or repair of this blighted property under the "spot blight" process; and WHEREAS, the first reading of this ordinance was held on November 15, 2011; and the second reading and public hearing was held on December 13, 2011. NOW, THEREFORE, BE IT ORDAINED as follows: 1. That the Board of Supervisors of Roanoke County declares 5915 Garner Road (Tax Map No. 86.20 -02- 05.00) as blighted as authorized by Section 36- 49.1:1 of the State Code. Page 1 of 2 2 . That the spot blight abatement plan for the repair of this property is hereby approved. 3. That the sum of Ten Thousand Dollars ($10,000) be appropriated from the Board of Supervisor's contingency fund to remove the dilapidated carport structure and to install a new roof on the main structure. 4. That the County Administrator or his designee is authorized to take such actions and execute such documents as may be necessary to implement the spot blight abatement plan to repair this property and to recover the costs of any repair or disposal of this property from the owner or owners of record, including placing a lien on this property bearing interest at the legal rate of interest and recording this lien among the land records of the Circuit Court of Roanoke County. 5. That this ordinance is effective from and after the date of its adoption. On motion of Supervisor Moore to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None A COPY TESTS: Cc: Paul Mahoney, county Attorney Arnold Covey, Director of Community Development Tarek Moneir, Deputy Director of Development Philip Thompson, Deputy Director of Planning 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, DECEMBER 13, 2011 ORDINANCE 121311 -14 ESTABLISHING A SPECIAL ASSESSMENT FOR THE SOUTH PEAK COMMUNITY DEVELOPMENT AUTHORITY REGARDING THE FINANCING OF CERTAIN PUBLIC INFRASTRUCTURE IMPROVEMENTS WHEREAS, the Board of Supervisors (the "Board ") of Roanoke County, Virginia (the "County "), in accordance with the provisions of Article 6, Chapter 51, Title 15.2 of the Code of Virginia of 1950, as amended (the "CDA Act "), created the South Peak Community Development Authority (the "CDA ") by Ordinance enacted August 24, 2010 (the "Ordinance "); and WHEREAS, pursuant to Section 15.2- 5158.A.5. of the CDA Act, the Board has the power to establish a special assessment on property within the CDA District; and WHEREAS, the Board has previous approved a certain agreement with Slate Hill I, LLC, a Virginia limited liability company, as owner and developer of the land within the CDA (the "Developer ") pursuant to a Memorandum of Understanding dated the 1 St day of February, 2011 (the "Memorandum of Understanding "); and WHEREAS, the Board has previously approved a certain agreement with the CDA and the Developer pursuant to a Development, Acquisition and Financing Agreement (the "Development Agreement "); and WHEREAS, the CDA proposes to issue its bonds in an initial series (the "Bonds ") to finance a portion of the public infrastructure improvements benefiting the CDA District as described in more detail in the Memorandum of Understanding and Development Agreement; and Page 1 of 3 WHEREAS, the establishment of a special assessment on property within the CDA District and the actions contemplated by the Memorandum of Understanding and Development Agreement will benefit the citizens of the County by promoting increased employment opportunities, a strengthened economic base and increased tax revenues and additional business opportunities; and WHEREAS, the first reading of this ordinance was held on November 15, 2011 and the second reading and public hearing was held on December 13, 2011, after notice published as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA: 1. Special Assessment By agreements between the Developer and the Board pursuant to the Memorandum of Understanding and the Development Agreement, special assessments to pay the costs of public improvements to benefit property within the CDA District are hereby established and apportioned in accordance with the Rate and Method of Apportionment of Special Assessments ( "RMA ") in substantially the form presented to the Board at this meeting. The CDA Board is authorized to approve or to provide for the approval of a Special Assessment Roll allocating the special assessment among the tax parcels within the CDA District in accordance with the RMA. The CDA shall cause notice of the special assessments to be reported to the County's Treasurer or other County official responsible for the collection of taxes. The special assessments shall be liens on the taxable real property in the CDA District in accordance with the provisions of Virginia Code Sections 15.2- 2404 et seq. In accordance with Virginia Code Section 58.1- 3965.2 the Board of Page 2of3 Supervisors hereby provides that if any special assessment levied pursuant to this ordinance is delinquent, proceedings for the sale of the real property subject to such special assessment are authorized to be instituted on the first anniversary date on which the special assessment became due to the extent provided under Section 58.1- 3985.2. 2. SeverabilitV If any part, section, clause or phrase of this Ordinance, or any individual assessment levied hereby, is declared to be unconstitutional or invalid for any reason, such decision shall not affect the validity of any other portion hereof or assessment hereunder. 3. Effective Date This Ordinance shall be effective immediately. On motion of Supervisor Moore to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None A COPY TESTS: ueporan t;. Jar+ Clerk to the Bo Cc: Paul Mahoney, county Attorney B. Clayton Goodman III, county Administrator Diane D. Hyatt, Assistant County Administrator Daniel R. O'Donnell, Assistant County Administrator Supervisors Page 3of3