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HomeMy WebLinkAbout4/24/2012 - Adopted Board RecordsACTION NO. A- 042412 -1 ITEM NO. E -1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 24, 2012 AGENDA ITEM: Request to approve the Roanoke Valley Television (RVTV -3) budget for fiscal year 2012 -2013 SUBMITTED BY: Elaine Bays- Murphy Director of Cable Access APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke Valley Television (RVTV -3) serves Roanoke County, the City of Roanoke, the Town of Vinton and their respective school systems. RVTV -3 was created in 1992 as an agreement between the three localities to form a government and educational access station. The initial equipment and facility for the television studio were funded through a capital grant from Cox Communications. The station is located at the Jefferson Center,and currently employs five (5) full -time staff members. Our staff members include Preston Seaman, Lacy Stinnett, Howard Swank and George Warner. RVTV -3 produces original video productions, monthly television shows and covers live government meetings. Programming is cablecast on Cox Communications, Channel 3 and Comcast, Channel 3 in the West County area. RVTV -3 is governed by the Roanoke Valley Regional Cable Television Committee, which includes representatives from the County, the City, and the Town. Mr. Altizer is your Board Representative, Ms. Hall is the County Representative, and Mr. David Jones is the Member at Large. The operational budget for RVTV -3 is provided by the three local governments, and is funded through the Virginia Communications Sales and Use Tax paid by Cox Communications. In 2011, Cox Communications paid the Commonwealth a total of $2,433,691, and the County's appropriate share was $1,096,323. The budget amount paid by each locality is based on the proportion of Cox customers located in each jurisdiction. Roanoke County's share of the cable budget is forty -four percent (44 %). Page 1 of 3 The RVTV -3 Staff is carried on the County's payroll and benefit system. Last year, Roanoke Valley Television produced a total of one hundred and fourteen (114) video productions for the three localities and their school systems. RVTV -3 produced the following for the County: thirty -two (32) half -hour television shows, fifteen (15) original video productions and RVTV -3 covered twenty -two (22) live Board Meetings. An entire list of video productions is included the budget packet. RVTV -3 monthly television shows include: "Roanoke County Today," and "Accent Excellence." RVTV -3 also produces two (2) quarterly TV shows, "Roanoke County Business Partners, "and "Recreation Television." RVTV -3 was awarded a Gold AVA Award for the new RVTV -3 website design www.rvtv.org , and an International Communicator Award for the "Eat for Education" public service announcement (PSA). FISCAL IMPACT: The 2012 -2013 operating budget request is $378,813. The Cable TV Committee voted to reduce the proposed operating budget by $15,000, and use the reduced amount of $363,813 as the amount to request from the member localities. The reduction is being funded from the RVTV -3 year -end rollover account, which represents the unused funds from the operating budget since 1992. The RVTV -3 operating budget has been supplemented for the last three (3) years by the RVTV -3 roll -over account using a total of $135,324 of RVTV -3 funds. The year -end rollover account has a current balance of $30,525.74. Roanoke County's share (44 %) of the reduced RVTV budget request is $160,078. ALTERNATIVES: Alternative 1: Adopt the fiscal year 2012 -2013 RVTV -3 operating budget. Alternative 2: Do not adopt the fiscal year 2012 -2013 RVTV -3 operating budget. STAFF RECOMMENDATION: The Roanoke Valley Regional Cable Television Committee recommends that the Board adopt Alternative 1, and approve the fiscal year 2012 -2013 RVTV operating budget. Page 2 of 3 VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. cc: Elaine Bays- Murphy, Director of Cable Access Rebecca Owens, Director of Finance Page 3of3 Yes No Absent Ms. Moore ❑ ❑ � Mr. Altizer � ❑ ❑ Mr. Church � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Flora � ❑ ❑ cc: Elaine Bays- Murphy, Director of Cable Access Rebecca Owens, Director of Finance Page 3of3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 24, 2012 RESOLUTION 042412 -2 APPROVING AND ADOPTING THE RECOMMENDATION OF THE ROANOKE COUNTY BONDING COMMITTEE DECLARING THE DEVELOPER AL M. COOPER CONSTRUCTION, INC. OF BELFAIR HEIGHTS (LOCATED ALONG BUCK MOUNTAIN ROAD IN THE CAVE SPRING MAGISTERIAL DISTRICT), TO BE IN DEFAULT AND TO AUTHORIZE OFFICIALS OF ROANOKE COUNTY TO EXERCISE ITS RIGHTS UNDER THE "DEVELOPER'S SITE DEVELOPMENT AGREEMENT" AND THE ACCOMPANYING SITE DEVELOPMENT LETTER OF CREDIT WHEREAS, Al M. Cooper Construction, Inc., a Virginia corporation (hereafter "Developer "), as developers of Belfair Heights (formerly Buck Mountain Patio Homes) in the Cave Spring Magisterial District of Roanoke County, on or about October 12, 2005 and July 26, 2007, entered into a Land Subdivider's Agreement with the County of Roanoke and provided an irrevocable Letter of Credit issued by FNB (currently known and referred to as StellarOne) in the amount of $192,629 to insure the construction, completion and maintenance of improvements to the land in connection with the development of Belfair Heights; and WHEREAS, Developer has partially complied with its legal responsibilities under the Land Subdivider's Agreement and Roanoke County officials have authorized multiple partial releases but a balance of $47,890.05 remains on deposit with StellarOne to secure the completion of the requirements under the Land Subdivider's Agreement; and WHEREAS, Al M. Cooper Construction, Inc. has failed to substantially comply with its legal responsibilities under the aforesaid Land Subdivider's Agreement and a balance of $47,890.05 remains in an Irrevocable Standby Letter of Credit deposit with Page 1 of 4 StellarOne to secure the completion of the requirement under this Agreement; and WHEREAS, the remaining tasks to be performed in order to comply with the Al M. Cooper Construction, Inc. Land Subdivider's Agreement include, but may not be limited to, the work required to bring the roads in this development into a condition to be accepted by the Virginia Department of Transportation into the secondary system of highways; and WHEREAS, the Bonding Committee for Roanoke County meeting on March 26, 2012, at the Roanoke County Administration Building considered the documentation as to the status of this subdivision project and voted to recommend that the Board of Supervisors schedule a public hearing on April 24, 2012, to consider declaring the Developer to be in default and that the County take all necessary actions to collect the outstanding surety proceeds in order to complete this development; and, WHEREAS, a public hearing was held on April 24, 2012, after notice to the Developer and StellarOne, to consider the recommendation of the Bonding Committee and to receive proposals from the Developer and StellarOne. NOW THEREFORE, be it RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Al M. Cooper Construction, Inc. is legally bound into the Board of Supervisors of the County of Roanoke, Virginia, in accordance with the Land Subdivider's Agreement, dated October 12, 2005, for the construction and maintenance of certain physical subdivision improvements in accordance with the plans for Belfair Heights (formerly Buck Mountain Patio Homes) dated September 9, 2005, and July 26, 2007, and all subsequent revisions thereof as Page 2 of 4 approved by the County of Roanoke. 2. That Al M. Cooper Construction, Inc. has failed to substantially complete the improvements as required by the aforesaid Agreement and that the anticipated cost for completion of said improvements is equal to or less than the sum of Forty -Seven Thousand Eight Hundred and Ninety Dollars ($47,890.05). 3. That the Bonding Committee for Roanoke County has recommended that Al M. Cooper Construction, Inc. be declared in default under the terms of its Land Subdivider's Agreement, dated October 12, 2005, and that Roanoke County exercise its legal rights and responsibilities to obtain the security remaining and being held for the County's benefit. 4. That Al M. Cooper Construction, Inc. is hereby determined and declared to be in default for its failure to substantially and adequately complete the requirements imposed upon it by the aforesaid Land Subdivider's Agreement. 5. That StellarOne has executed and entered into an Irrevocable standby Letter of Credit No. 265, executed July 26, 2007, as surety for Al M. Cooper Construction, Inc. for Belfair Heights, on which the remaining balance is Forty -Seven Thousand Eight Hundred and Ninety Dollars ($47,890.05). 6. That the officials and staff of Roanoke County are hereby authorized, on behalf of the Board of Supervisors of Roanoke County, Virginia, to draw upon the aforesaid Irrevocable standby Letter of Credit No. 265 for all funds secured thereby for the County of Roanoke as beneficiary and to take all actions, legal or otherwise, to enforce the legal rights and responsibilities of the Board of Supervisors in connection with the development of Belfair Heights by Al M. Page 3 of 4 Cooper Construction, Inc. 7. That the County Administrator, the Director of the Department of Community Development, his staff and agents, and the Office of the County Attorney, are hereby authorized to take such action, including the initiation and pursuit of such legal proceedings, as may be necessary to fully assert and defend the rights and obligations of Roanoke County in this regard. 8. This Resolution shall be in full force and effect from the date of its adoption. On motion of Supervisor Flora to adopt the resolution, and carried by the following roil call and recorded vote: AYES: Supervisors Altizer, Church, Elswick, Flora NAYS: None ABSENT: Supervisor Moore Deborah C. Jacks Clerk to the Board of pervisors cc: Arnold Covey, Director of Community Development Tarek Moneir, Deputy Director of Development Rebecca Owens, Director of Finance Paul M. Mahoney, County Attorney Page 4 of 4 ACTION NO. A- 042412 -3 . a ITEM NO. J -2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 24, 2012 AGENDA ITEM: Request to appropriate $12,376.40 to the Clerk of the Circuit Court from the Commonwealth of Virginia for fiscal year 2011/2012 SUBMITTED BY: Steven A. McGraw Clerk of Circuit Court APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Technology Trust Funds, representing fees collected by the Roanoke County Circuit Court Clerk's Office, have been received from the State in the amount of $12,376.40. These funds have been earmarked for the purpose of maintenance. These funds need to be appropriated to the Clerk of Circuit Court. FISCAL IMPACT: No fiscal impact —one hundred percent (100 %) State funds STAFF RECOMMENDATION: Staff recommends appropriating $12,376.40 to the Clerk of Circuit Court for the fiscal year 2011/2012. Page 1 of 2 VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. cc: Steven A. McGraw, Clerk of Circuit Court Rebecca Owens, Director of Finance Page 2 of 2 Yes No Absent Ms. Moore ❑ ❑ � Mr. Altizer � ❑ ❑ Mr. Church � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Flora � ❑ ❑ cc: Steven A. McGraw, Clerk of Circuit Court Rebecca Owens, Director of Finance Page 2 of 2 ACTION NO. A- 042412 -3 . b ITEM NO. J -3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 24, 2012 AGENDA ITEM: Confirmation of appointment to the Roanoke Valley Greenway Commission SUBMITTED BY: Deborah C. Jacks Clerk to the Board APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Roanoke Valley Greenway Commission (appointed At Large) During closed session on March 13, 2012, the Board asked the County Administrator to contact Charles A. Blankenship to see if he would be willing to serve an additional three -year term. Mr. Blankenship has advised he is willing to serve an additional term to expire on April 8, 2015. Confirmation of this appointment has been placed on the consent agenda. Page 1 of 2 VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. cc: Lindsay Blankenship, Greenway Coordinator Page 2 of 2 Yes No Absent Ms. Moore ❑ ❑ � Mr. Altizer � ❑ ❑ Mr. Church � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Flora � ❑ ❑ cc: Lindsay Blankenship, Greenway Coordinator 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, APRIL 24, 2012 RESOLUTION 042412 -3.c EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO LOIS E. JENKINS, ACCOUNT REPRESENTATIVE, UPON HER RETIREMENT AFTER MORE THAN EIGHTEEN (18) YEARS OF SERVICE WHEREAS, Lois E. Jenkins was hired on September 7, 1993, and has worked as an Account Representative during her tenure with Roanoke County; and WHEREAS, Ms. Jenkins retired on March 31, 2012, after more than eighteen (18) years of devoted, faithful and expert service with the County; and WHEREAS, during her time serving Roanoke County, Ms. Jenkins was responsible for providing excellent customer service to those departments to which she was assigned; and WHEREAS, Ms. Jenkins was also responsible for promptly and accurately processing payments to County vendors, employees and citizens; and WHEREAS, Ms. Jenkins processed payments for but not limited to Fire and Rescue, Parks, Recreation and Tourism, General Services, Sheriff, County Jail, all Court units, various utility payments and Social Services; and WHEREAS, Ms. Jenkins was also responsible for payments for the Commonwealth Attorney and the Registrar; and WHEREAS, Ms. Jenkins processed month end transfers and journal entries. 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 Page 1 of 2 Roanoke County to LOIS E. JENKINS for eighteen (18) years and seven (7) months 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. On motion of Supervisor Altizer to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Altizer, Church, Elswick, Flora NAYS: None ABSENT: Supervisor Moore Deborah C. Jacks Clerk to the Board o Supervisors Page 2of2 ACTION NO. A- 042412 -3 . d ITEM NO. J -5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 24, 2012 AGENDA ITEM: Request to accept and appropriate funds in the amount of $5,139 to the Roanoke County Public Schools SUBMITTED BY: Brenda Chastain Clerk to the Roanoke County School Board APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Virginia Department of Education funds the Project Graduation Summer Academy through a reimbursement system. Project Graduation is a program that offers SOL -based remediation and retesting for students in danger of not graduating because they lack verified credits. Roanoke County Schools applied for and were granted $5,139 for its 2011 Project Graduation Summer Academy from the Virginia Department of Education. FISCAL IMPACT: The Remediation/Testing Budget will be increased by $5,139. ALTERNATIVES: None STAFF RECOMMENDATION: Roanoke County Schools requests that $5,139 be appropriated to the remediation /testing program. Page 1 of 2 VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. cc: Brenda Chastain, Clerk to the Roanoke County School Board Rebecca Owens, Director of Finance Page 2 of 2 Yes No Absent Ms. Moore ❑ ❑ � Mr. Altizer � ❑ ❑ Mr. Church � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Flora � ❑ ❑ cc: Brenda Chastain, Clerk to the Roanoke County School Board Rebecca Owens, Director of Finance Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 24, 2012 RESOLUTION 042412 -3 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for April 24, 2012, designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 6 inclusive, as follows: 1. Approval of minutes — March 20, 2012 2. Request to appropriate $12,376.40 to the Clerk of the Circuit Court from the Commonwealth of Virginia for fiscal year 2011/2012 3. Confirmation of appointment to the Roanoke Valley Greenway Commission 4. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Lois E. Jenkins, Account Representative, upon her retirement after more than eighteen (18) years of service 5. Request to accept and appropriate funds in the amount of $5,139 to the Roanoke County Public Schools Page 1 of 2 On motion of Supervisor Altizer to adopt the resolution, and carried by the following roil call and recorded vote: AYES: Supervisors Altizer, church, Elswick, Flora NAYS: None ABSENT: Supervisor Moore A C TESTE: Deborah 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, APRIL 24, 2012 RESOLUTION 042412 -4 OF CONGRATULATIONS TO THE CAVE SPRING HIGH SCHOOL VOLLEYBALL TEAM FOR WINNING THE STATE 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 Cave Spring High School Volleyball Team won the State Group AA Championship on November 19, 2011, with a victory over Jamestown High School in three straight games (25 -14, 25 -19, 25 -22); and WHEREAS, the Knights won the River Ridge District and Region IV Championships and finished the season with a record of 29 wins and 3 losses; and WHEREAS, Morgan Shannon was named First Team All -State and the AA Player of the Year and Shannon Craighead was named First Team All- State; and WHEREAS, the Knights are coached by Tamalyn Tanis and Assistant Coaches Mark Tanis, Jenna Burnop, Maggie Wagner and Caitlyn Long. 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 CAVE SPRING HIGH SCHOOL VOLLEYBALL TEAM: Shannon Craighead, Sarah Smith, Erin Holsinger, Kelli Long, Annice Link, Kendall Scott, Lauren Sledd, Alyssa McKinley, Lauren Sigmon, Morgan Shannon, Kelsey Sine, Kallie Wilkes and Olivia Sass for their athletic ability, their commitment and their team spirit; and 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. Page 1 of 2 On motion of Supervisor Elswickto adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Altizer, church, Elswick, Flora NAYS: None ABSENT: Supervisor Moore A PY TESTE: Deborah C. Jacks %OF Clerk to the Board of Supervisors Paget oft AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 24, 2012 RESOLUTION 042412 -5 OF CONGRATULATIONS TO THE CAVE SPRING HIGH SCHOOL SCHOLASTIC BOWL TEAM FOR WINNING THE STATE GROUP AA CHAMPIONSHIP WHEREAS, the Cave Spring High School Scholastic Bowl Team won the State Group AA Championship on February 25, 2012, with a victory over Christiansburg with a 270 -150 victory for its first State championship; and WHEREAS, the Scholastic Bowl can be described as a Team Jeopardy contest, with four person- squads competing to answer questions on literature, social sciences, science, arts and popular culture. Matches consists of two (2) fifteen (15) question tossup rounds separated by a twenty (20) question directed - question round where team members can discuss possible answers; and WHEREAS, this was Cave Spring's fifth trip to the final tournament in six years; no other team has appeared more often; and WHEREAS, the Knights are coached by Bob Powers. 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 CAVE SPRING HIGH SCHOOL SCHOLASTIC BOWL TEAM: Madelyn Burton, James Cole, McKennon Flint, Jerry Huang, Laura Powell, Anna Smith, Brett Smith, Troy Von Beck and Michael Zhang for their academic ability, their commitment and their team spirit; and BE IT FURTHER RESOLVED that the Board of Supervisors extends its best wishes to the members of the team, the coach, and the school in their future endeavors. Page 1 of 2 On motion of Supervisor Elswick to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Altizer, Church, Elswick, Flora NAYS: None ABSENT: Supervisor Moore A C Y TESTE: Deborah C. Jacks Clerk to the Board of Supervisors Page 2of2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OR ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 24, 2012 RESOLUTION 042412 -6 OF CONGRATULATIONS TO THE CAVE SPRING HIGH SCHOOL GIRLS 200 FREESTYLE RELAY TEAM FOR WINNING THE 2012 VIRGINIA HIGH SCHOOL LEAGUE (VHSL) STATE 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 Cave Spring High School Girls 200 Freestyle Relay Swim Team won the 2012 Virginia High School League State Group AA Championship on February 11, 2012, at the Christiansburg Aquatic Center with a time of 1:37.12; and WHEREAS, the winning time set a Virginia State record; and WHEREAS, the Knights are coached by Andy Huray. 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 CAVE SPRING HIGH SCHOOL GIRLS 200 FREESTYLE RELAY SWIM TEAM: Hailey Bivens, Lauren Cowher, Jacqueline Crawford and Maggie Harman for winning the 2012 VHSL State Group AA Championship; and 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. Page 1 of 2 On motion of Supervisor Elswick to adopt the resolution, and carried by the following roll call and recorded note: AYES: Supervisors Altizer, Church, Elswick, Flora NAYS: None ASSENT: Supervisor Moore A C Y "fESTE: Deborah C. Jacks Clerk to the Board of Supervisors Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON APRIL 24, 2012 RESOLUTION 042412 -7 APPROVING THE SECONDARY SIX -YEAR ROAD IMPROVEMENT PLAN FOR FISCAL YEARS 2013 THROUGH 2018 AND THE CONSTRUCTION PRIORITY LIST FOR FISCAL YEAR 2013 WHEREAS, Sections 33.1 -23 and 33.1 -23.4 of the Code of Virginia (1950, as amended) provides the opportunity for Roanoke County to work with the Virginia Department of Transportation in developing a Secondary Six -Year Road Improvement Plan; and WHEREAS, this Board had previously agreed to assist in the preparation of the Secondary Six -Year Road Improvement Plan, in accordance with Virginia Department of Transportation policies and procedures; and WHEREAS, a public hearing which was duly advertised on the proposed Secondary Six -Year Improvement Plan for fiscal years 2013 -2018 and Construction Priority List for fiscal year 2013 was held on April 24, 2012, to receive comments and recommendations on Roanoke County's Secondary Six -Year Road Improvement Plan for fiscal years 2013 -2018 as well as the Construction Priority List for fiscal year 2013; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors does hereby approve the Secondary Six -Year Road Improvement Plan for Roanoke County for fiscal years 2013 -2018; BE IT FURTHER RESOLVED, that the Board of Supervisors does also hereby approve the Construction Priority List for Fiscal Year 2013; BE IT FURTHER RESOLVED that a copy of this resolution duly attested to be forthwith forwarded to the Virginia Department of Transportation Salem Residency Page 1 of 2 Office along with a duly attested copy of the proposed Roanoke County Secondary Six- Year Road Improvement Plan for fiscal years 2013 -2018 by the Clerk to the Board. On motion of Supervisor Flora to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Altizer, Church, Elswick, Flora NAYS: None ABSENT: Supervisor Moore A CO TESTE: Deborah C. 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Baumoel, Jr. and Sue G. Baumoel" on a plat of record in Plat Book 16 at page 142, located on Elbert Drive; and WHEREAS, the area designated and set aside for the above mentioned public utility easement has never been utilized as such; and WHEREAS, the property owner of Lot 9A has requested the vacation of this unused public utility easement because it splits the property and limits the flexibility of developing the land to its full potential; and WHEREAS, the above described 15' public utility easement is more clearly indicated as "15' PUE" on Lot 9A on a drawing dated April 10, 2012, prepared by Roanoke County Department of Community Development and attached hereto as Attachment III; and WHEREAS, no other property owner will be affected by the vacation of this public utility easement; and Page 1 of 3 WHEREAS, this vacation will not involve any cost to the County and the affected County departments and public utilities have raised no objection; and WHEREAS, notice has been given as required by Section 15.2 -2204 of the Code of Virginia (1950, as amended); and 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 April 10, 2012, and a second reading and public hearing of this ordinance was held on April 24, 2012. 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the subject real estate (192 feet long 15 fee wide public utility easement as shown on plat of Sugarloaf Highlands recorded in Plat Book 7, page 43) is hereby declared to be surplus and the nature of the interests in real estate renders it unavailable for other public use. 3. That this public utility easement, being designated and shown as 11 15' PUE" on Attachment III attached hereto, said PUE being located on Lot 9A, in the Windsor Hills Magisterial District of the County of Roanoke, be, and hereby is, vacated pursuant to Section 15.2 -2272 of the Code of Virginia, 1950, as amended. 4. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioner. 5. That the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to Page 2 of 3 accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 6. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the clerk's office of the Circuit court of Roanoke County, Virginia, in accordance with Section 15.2 -2272 of the Code of Virginia (1950, as amended). On motion of Supervisor Elswick to adopt the ordinance, and carried by the following roll call and recorded vote: AYES: Supervisors Altizer, church, Elswick, Flora NAYS: None ABSENT: Supervisor Moore A CORY TESTE: Deborah C. Jacks' V Clerk to the Board of Supervisors cc: Arnold covey, Director of Community Development Tarek Moneir, Deputy Director of Development Philip Thompson, Deputy Director of Planning Nancy Horn, commissioner of the Revenue Paul M. Mahoney, county Attorney Page 3 of 3 Map Detailing Location of a 192.09'x 15' Public Utility Easement Date: April 10, 2012 Parcelid: 076.05 -02- 24.00 -0000 Windsor Hills Magisterial District I _ � y I 1 _ U I i i L 1 r