HomeMy WebLinkAbout6/12/2012 - RegularRoanoke County
Board of Supervisors
Agenda
June 12, 2012
Good afternoon and welcome to our meeting for June 12, 2012. 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. Board of
Supervisors meetings can also be viewed online through Roanoke County's website at
www.RoanokeCountyVA.gov. Our meetings are now closed- captioned, so it is
important for everyone to speak directly into the microphones at the podium. Individuals
who require assistance or special arrangements to participate in or attend Board of
Supervisors meetings should contact the Clerk to the Board at (540) 772 -2005 at least
48 hours in advance. Please turn all cell phones off or place on silent.
A. OPENING CEREMONIES (3:00 p.m.)
1. Roll Call
2. Invocation: Pastor Greg Fleshman
Mount Union Church of the Brethren
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. Proclamation commemorating the fiftieth (50 ") anniversary of Brookside Par
3 golf course in the Roanoke Valley (Jill Loope, Acting Director of Economic
Development)
D. BRIEFINGS
Page 1 of 5
E.
F.
G.
NEW BUSINESS
1. Request to adopt a Resolution to Virginia Retirement System (VRS)
approving the employer contribution rate option for the defined benefit plan for
the biennium beginning July 1, 2012 (Diane D. Hyatt, Assistant County
Administrator)
2. Request to adopt a Resolution to Virginia Retirement System (VRS)
approving the amount of member contributions that employees will pay
beginning July 1, 2012 (Diane D. Hyatt, Assistant County Administrator)
3. Request to authorize execution of an updated contract with the Unified
Human Services Transportation System, Inc. to provide the CORTRAN
services for Roanoke County July 1, 2012 through June 30, 2013 (Laurie L.
Gearheart, Assistant Director of Finance)
FIRST READING OF ORDINANCES
1. Ordinance approving a Telecommunications and Facilities Licensing
Agreement with Cox Communications at the Social Services Building, 220
East Main Street, Salem, VA (Due to time constraints, it is requested that,
upon a four - fifths vote of the Board, the second reading be waived and
the ordinance adopted as an emergency measure.) (Anne Marie Green,
Director of General Services)
2. Ordinance authorizing the granting of anon- exclusive ten (10) foot wide
easement to Cox Communications on property owned by the Roanoke
County Board of Supervisors (Tax Map No. 027.13 -04- 01.00) for the purpose
of an underground communications system (Anne Marie Green, Director of
General Services)
3. Ordinance amending the Roanoke County Code by the adoption of a new
Section 2 -11 authorizing the assessment and recovery of costs against
responsible parties for actions taken to protect the public health, safety and
welfare (Paul M. Mahoney, County Attorney)
4. Ordinance to accept the donation from Doris Moran of four (4) parcels of land
identified as Tax Map Parcels 064.02- 01 -17, 18, 19 and 20 on Poor Mountain
Road (Diane D. Hyatt, Assistant County Administrator)
PUBLIC HEARING AND ADOPTION OF RESOLUTION
1. Resolution approving and adopting the recommendation of the Roanoke
County Bonding Committee declaring the developer Al M. Cooper
Construction, Inc. to be in default under the Cardinal Meadows (Catawba
Magisterial District) "Developer's Site Development Agreement" and "Erosion
Page 2 of 5
and Sediment Control Agreement" (Tarek Moneir, Deputy Director of
Development)
H.
J.
PUBLIC HEARING AND SECOND READING OF ORDINANCES
1. Ordinance to increase the salaries of the members of the Board of
Supervisors of Roanoke County pursuant to Section 3.07 of the Roanoke
County Charter and Section 15.2 - 1414.3 of the Code of Virginia (Paul M.
Mahoney, County Attorney)
ADOPTION OF PROPOSED BUDGET AND SECOND READING OF
ORDINANCE
1. Resolution adopting the fiscal year 2012 -2013 budget, including the fiscal
years 2013 -2017 Capital Improvement Plan, for Roanoke County, Virginia
(W. Brent Robertson, Director of Management and Budget)
2. Ordinance appropriating funds for the 2012 -2013 fiscal year budget and
approval of the Classification Plan for fiscal year 2012 -2013 for Roanoke
County (W. Brent Robertson, Director of Management and Budget)
APPOINTMENTS
1. Board of Zoning Appeals (appointed by District)
2. Capital Improvement Program (CIP) Review Committee (appointed by
District)
3. Economic Development Authority (EDA) (appointed by District)
4. Parks, Recreation and Tourism Advisory Commission (appointed by District)
5. Roanoke County Planning Commission (appointed by District)
6. Total Action Against Poverty Board of Directors (Designee of Richard C.
Flora)
CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED
BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE
RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION
IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND WILL BE CONSIDERED SEPARATELY
1. Approval of minutes — May 8, 2012
Page 3of5
2. Resolution expressing the appreciation of the Board of Supervisors of
Roanoke County to Cindy Windel, Payroll Technician, upon her retirement
after more than twelve (12) years of service
3. Confirmation of appointments to the Court Community Correction Alcohol
Safety Action Program (ASAP) Policy Board; Economic Development
Authority (appointed by District); Roanoke Valley- Alleghany Regional
Commission; Roanoke Valley Convention and Visitors Bureau Board of
Directors; Virginia's First Regional Industrial Facility Authority and the
Western Virginia Water Authority
4. Resolution expressing the appreciation of the Board of Supervisors of
Roanoke County to Thomas W. Kincaid, Police Officer /Criminal Investigator,
upon his retirement after more than twenty -five (25) years of service
5. Resolution requesting acceptance of Mendham Way into the Virginia
Department of Transportation Secondary System
6. Request to accept and appropriate $11,180.53 of additional Virginia
Recreational Trail Fund Program grant funds from the Virginia Department of
Conservation and Recreation for Walrond Park Trail Project, Hollins
Magisterial District
7. Request to accept and appropriate $1,234,744 from the Virginia Department
of Transportation (VDOT) for preliminary engineering for pedestrian and
bicycle improvements to Plantation Road and re- appropriate $500 from the
Road Improvements account for the local contribution
L. REQUESTS FOR WORK SESSIONS
M. REQUESTS FOR PUBLIC HEARINGS
N. CITIZENS' COMMENTS AND COMMUNICATIONS
O. REPORTS
1. General Fund Unappropriated Balance
2. Capital Reserves
3. Reserve for Board Contingency
Page 4 of 5
P. REPORTS AND INQUIRIES OF BOARD MEMBERS
1. Joseph B. "Butch" Church
2. Eddie "Ed" Elswick
3. Charlotte A. Moore
4. Michael W. Altizer
5. Richard C. Flora
Q. WORK SESSIONS
1. Work session to discuss Stormwater Regulations and approach to long -term
Stormwater Management (Arnold Covey, Director of Community
Development; Tarek Moneir, Deputy Director of Development Services;
George Simpson, County Engineer)
2. Work session to discuss towing information (B. Clayton Goodman III, County
Administrator)
3. Work session to discuss authorization to proceed with sale of certain
properties identified by Roanoke County as surplus properties (Arnold Covey,
Director of Community Development)
R. CLOSED MEETING, pursuant to the Code of Virginia as follows:
1. Section 2.2- 3711.A.7. Consultation with legal counsel and briefings by staff
members pertaining to probable litigation, namely, sectarian prayers and the
Freedom From Religion Foundation correspondence
S. CERTIFICATION RESOLUTION
T. 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: June 12, 2012
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
Proclamation commemorating the 50 #h anniversary of
Brookside Par 3 Golf Course and proclaiming June 12, 2012,
as Brookside Par 3 Day in Roanoke County
Jill Loope
Acting Director of Economic Development
B. Clayton Goodman III
County AdministratorE(�
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Brookside Par 3 Golf Course has been in continuous operation in Roanoke County since it
was built in 1962. Under the current management of the Crandall family, Brookside
remains well known as one of the best par 3 courses in Virginia and attracts visitors from
across the State. The course remains a recreational icon in the Roanoke Valley that
promotes and preserves desirable green space along a busy commercial corridor. Further,
Brookside holds the contract for the First Tee Roanoke Valley Program, which encourages
healthy recreational opportunities and valuable life skills for Roanoke's youth.
Roanoke County recognizes and appreciates the significant contributions that Brookside
Par 3 has made to the community and wishes the Crandall family every success in the
future. Representatives from the Crandall and families will be present to accept the
Proclamation.
Page 1 of I
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 12
PROCLAMATION COMMEMORATING THE FIFTIETH (50
ANNIVERSARY OF BROOKSIDE PAR 3 GOLF COURSE IN THE
ROANOKE VALLEY
WHEREAS, Brookside Par 3 Golf Course was founded in April of 1962,
originating from the Hall family farm at the intersection of Williamson and Clubhouse
Roads in north Roanoke County. The course was designed and constructed by John
Hall. The 9 -hole course features 840 yards of par 3 golf with the longest hole being 130
yards. "Brookside" is considered by many to be the best par 3 in Virginia and a
Roanoke Valley tourist attraction, and by local golfers, "a Roanoke tradition;" and
WHEREAS, since 1962 the golf course has been owned and managed by
multiple golf enthusiasts and in 1998 this stewardship continued under the management
of Milt and Diana Crandall and their sons, Scott and Joe. In addition, ownership
changed in 2007 when Ken Mooty purchased the property. The Crandall family
maintains the par 3 course for golf devotees of all ages; however, a major emphasis has
been placed on the education of youth; and
WHEREAS, Brookside Par 3 is one of three locations where youth can
play golf as part of their instruction in The First Tee Roanoke Valley program whose
mission is to impact the lives of young people by providing educational programs that
build character, instill life- enhancing values and promote healthy choices through the
game of golf. Brookside Par 3 also hosts sponsored tournaments to support the First
Tee Program of the Roanoke Valley.
Page 1 of 2
NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, offers its congratulations to Brookside Par 3 Golf Course on
its 50th anniversary in the Roanoke Valley; and
NOW THEREFORE, WE, the Board of Supervisors of Roanoke County, Virginia,
do hereby proclaim Tuesday, June 12, 2012, as Brookside Par 3 Day in the County of
Roanoke, and call its significance to the attention of all of our citizens; and
FURTHER, we bestow our congratulations to the Crandall Family and course
owner, Ken Mooty, on this historic occasion and extend our best wishes for continued
success in future endeavors.
Page 2 of 2
ACTION NO.
ITEM NO. E -1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINiSTRATiON CENTER.
MEETING DATE: June 12, 2012
AGENDA ITEM: Request to adopt a Resolution to Virginia Retirement System
(VRS) approving the employer contribution rate option for the
defined benefit plan for the biennium beginning July 1, 2012
SUBMITTED BY: Diane D. Hyatt
Assistant County Administrator
APPROVED BY:
B. Clayton Goodman III
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Language in the 2012 Appropriation Act, Item 408(H) (Attachment A), offered local
governmental units some budget relief for the 2012-2014 biennium with respect to the
amount of their retirement contributions. Local governmental units may choose between
the VRS Board Certified rate and an alternate rate. The alternate rate is the higher of the
current year rate or seventy percent (70 %) of the Board certified rate. For the County of
Roanoke this is a choice between the Board certified rate of fourteen point zero one
percent (14.01 %), and the current year rate of ten point zero five percent (10.05 % -)
The selection of the lower rate does not change the Board certified rate. Choosing the
lower alternative rate will result in a lower funded ratio when the next Actuarial Valuation is
performed, and potentially a higher calculated contribution rate at that time. This will be
disclosed in the audit of the County in the Net Pension Obligation note to the financial
statements.
The Appropriations Act, Item 468(h) also allows this relief to continue over 'three biennia
as follows:
1. For the 2014 -2010 biennium, the alternate rate is eight percent (80 %) of the
VRS Board certified rate, as of June 30, 2013
Page 1 of 2
2. For the 2010 -2018 biennium, the alternate rate is ninety percent (90 %) of
the VRS Board certified rate as of June 30, 2015
3. For the 2018 -2020 biennium, the rate must be one hundred percent (100 %)
of the VRS Board certified rate as of June 30, 2017
FINANCIAL IMPACT:
The selection of the lower alternate rate of ten point zero five percent (10.05 %) for the
2012 -2014 biennium will save the County of Roanoke $1.5 million in the 2012 -2013 fiscal
year budget.
RECOMMENDATION
Staff recommends using the lower rate of ten point zero five percent (10.05 %.) The 2012-
2013 fiscal year budget has been prepared using this lower rate. Staff recommends
adopting the attached resolution, which notifies the VRS of this selection.
Page 2of2
Attachrnent A
2012 Appropriation Act
Item 468(H)
Central Appropriations Language
"H.1. Except as authorized in Paragraph H.2. of this Item, rates paid to the VRS on behalf of
employees of participating (i) counties, (ii) cities, (iii toms, (iv) local public school divisions
(only to the extent that the employer contribution rate is not otherwise specified in this act), and
M other political subdivisions shall be based on the higher of a) the contribution rate in effect
for FY 2012, or b) seventy percent of the results of the June 30, 2011 actuarial valuation of assets
and liabilities as approved by the Virginia Retirement System Board of Trustees for the 2012 -14
biennium, eighty percent of the results of the June 30, 2013 actuarial valuation of assets and
liabilities as approved by the Virginia Retirement System Board of Trustees for the 2014 -16
biennium, ninety percent of the results of the June 30, 2015 actuarial valuation of assets and
liabilities as approved by the Virginia Retirement System Board of Trustees for the 2016 -18
biennium, one - hundred percent of the results of the June 30, 2017 actuarial valuation of assets
and liabilities as approved by the Virginia Retirement System Board of Trustees for the 201 5 -20
biennium.
2. Rates paid to the VRS on behalf of employees of participating (i) counties, (ii) cities, (iii)
towns, (iv) local public school divisions (only to the extent that the employer contribution rate is
not otherwise specified in this act), and (v) other political subdivisions may, at each participating
employers option, be based on the employer contribution rates certified by the Virginia
Retirement System (VRS) Board of Trustees pursuant to § 51.1 - 145(0, Code of Virginia.
3. Every participating employer must certify to the board of the Virginia Retirement System by
resolution adopted by its local governing body that it: has reviewed and understands the
information provided by the Virginia Retirement System outlining the potential future fiscal
implications of electing or not electing to utilize the employer contribution rates certified by the
Virginia Retirement System MRS) Board of Trustees, as provided foe in paragraph H.2.
4. Prior to electing to utilize the employer contribution rates certified by the Virginia Retirement
System (VRS) Board of Trustees, as authorized in paragraph H.2, local public school divisions
must receive the concurrence of the local governing body. Such concurrence must be
documented by a resolution of the governing body.
5. The board of the Virginia Retirement System shall provide all employers participating in the
Virginia Retirement System with a summary of the implications inherent in the use of the
employer contribution rates certified by the Virginia Retirement System (VRS) Board of
Trustees set out in paragraph H.2, and the alternate employer contribution mates set out in
paragraph H.1."
Explanation:
(This amendment allows for the phase -in of the VRS Board - approved employer contribution
rates for local employers over three biennia.)
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 1 2, 20 1 2
RESOLUTION TO VIRGINIA RETIREMENT SYSTEM (VRS)
APPROVING THE EMPLOYER CONTRIBUTION RATE OPTION FOR
THE DEFINED BENEFIT PLAN FOR THE BIENNIUM BEGINNING JULY
1
BE IT RESOLVED, that the Roanoke County 55180 does hereby acknowledge
that its contribution rates effective July 1, 2012, shall be based on the higher of a) the
contribution rate in effect for fiscal year (FY) 2012, or b) seventy percent (70 %) of the
results of the June 30, 2011, actuarial valuation of assets and liabilities as approved by
the Virginia Retirement System Board of Trustees for the 2012 -2014 biennium (the
"Alternate Rate ") provided that, at its option, the contribution rate may be based on the
employer contribution rates certified by the Virginia Retirement System Board of
Trustees pursuant to Virginia Code § 51.1- 145(1) resulting from the June 30, 2011
actuarial value of assets and liabilities (the "Certified Rate "); and
BE IT ALSO RESOLVED, that the Roanoke County 55180 does hereby certify to
the Virginia Retirement System Board of Trustees that it elects to pay the following
contribution rate effective July 1, 2012:
(Check only one box)
❑ The Certified Rate of % X The Alternate Rate of 10.05 % ; and
BE IT ALSO RESOLVED, that the Roanoke County 55180 does hereby certify to
the Virginia Retirement System Board of Trustees that it has reviewed and understands
the information provided by the Virginia Retirement System outlining the potential future
fiscal implications of any election made under the provisions of this resolution; and
Page 1 of 2
NOW, THEREFORE, the officers of Roanoke county 55180 are hereby
authorized and directed in the name of the Roanoke county to carry out the provisions
of this resolution, and said officers of the Roanoke county are authorized and directed
to pay over to the Treasurer of Virginia from time to time such sums as are due to be
paid by the Roanoke County for this purpose.
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 ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: June 12, 2012
AGENDA ITEM: Request to adopt a Resolution to Virginia Retirement System
(VRS) approving the amount of member contributions that
employees will pay beginning July 1, 2012
SUBMITTED BY:
APPROVED BY:
Diane D. Hyatt
Assistant County Administrator
B. Clayton Goodman III
County AdministratoNP)K
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
As provided under Chapter 822 of the 2012 Acts of Assembly (SB497) (Attachment A), all
Plan 1 and Plan 2 employees must begin paying the five percent (5 %) member contribution
effective July 1, 2012. All employees hired on or after July 1, 2012 must pay the full five
percent (5 %) upon employment with no phase -in allowed. For current employees, the bill
allows governing bodies to phase in the member contribution in each of the next five (5)
years or until current employees are paying the full five percent (5 %) contribution,
whichever is earlier. The governmental unit must also provide an offsetting salary
increase.
FINANCIAL IMPACT:
Because social security taxes and VRS retirement premiums will be incurred on both the
employer and the employee side, this change in state policy is not cost neutral. In order to
hold the employees harmless for the change, including social security taxes and retirement
premiums, it is necessary to provide a five point seven five percent (5.75°/x) salary
increase. The net cost to pick up the employer and the employee cost is $730,800 and is
included in the budget for fiscal year 2012 -2013.
Page 1 of 2
STAFF RECOMMENDATION
Staff recommends approving the attached resolution which implements the entire five
percent (5 %) member contribution payment effective July 1, 2012. Staff also recommends
providing the employees with an offsetting salary adjustment of five point seven five
percent (5.75 %.) This adjustment has been included in the 2012 -2013 fiscal budget.
Page 2 of 2
Attachment A
VIRGINIA ACTS OF ASSEMBLY --- 2012 RECONVENED SESSION
CHAPTER 822
At? Act to amend a r eenact § 51.1 -144 of the Code of Virginia, relating to Virginia Retirement System?
employee contributions; local employees; school boa!d elnployees.
[S 497}
Approved April 18, 2012
Be it enacted by the General Assembly of Virginia;
I. That § 51.1 -144 of the Code of Virginia is amended and reenacted as follows:
§ 51.1 -144. Member contributions.
A. Each member shall contribute five percent of his creditable compensation for each pay period for -
which he receives compensation.
The employer shall deduct the contribution payable by the member. Every employee aceepting
employment shall be deemed to consent and agree to any deductions from his compensation required by
this chapter. N-e d ,tiee shall be �t� € a€ a� b�s
tin a if t to +
.
B. In determining the creditable compensation of a member in a payroll period, the Board may
consider the rate of compensation payable to the member on the date of entry or removal of his name
from the payroll as having been received throughout the month if service for the month is creditable. If
service for the month is not creditable, the Board may consider any compensation payable during the
month as not being creditable compensation.
C. The minimum compensation provided by law for any member shall be reduced by the deduction
required by this section. Except for any benefits provided by this chapter, payment of compensation
minus the deductions shall be a full and complete discharge of all claims for services rendered by the
member during the period covered by the payment.
D. No deduction shall be made from any member's compensation if the employer's contribution is in
default.
E. The Board may modify the method of collecting the contributions of members so that the
employer may retain the amounts deducted from members' salaries and have a corresponding amount
deducted from state funds otherwise payable to the employer.
F. 1. Except as provided in subdiyisiaa subdivision$ -2 3 and 4, any employer may elect to pay an
equivalent amount in lieu of all member contributions required of its employees. Such payments shall be
credited to the members' contribution account. These contributions shalt not be considered wages for
purposes of Chapter 7 (§ 5 1.1 -700 et seq.) of s t itle , nor shall they be considered to be salary for
purposes of this chapter.
2. A person who becomes a member on or after July 1, 2010, shall be required to pay member
contributions on a salary reduction basis in accordance with § 414(h) of the Internal Revenue Code in
the amount of five percent of creditahle compensation if the person is (i) a member covered by the
defined benefit plan established under this chapter, (ii) a member of the Stare Police Officers' Retirement
System under Chapter 2 (§ 51.1 -200 et seq.), (iii) a member of the V irginia Law Officers' Retirement
System under Chapter 2.1 (§ 51.1 --211 et seq.), (iv) a member of the Judicial Retirement System under
Chapter 3 (§ 51.1 -300 et seq.), or (v) earning the benefits permitted by § 51.1-138.
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3. A member- who is an em ployee o� f ' a county, city, toi -vii, or other local employe; other than a local
Public school board, regardless o, f whether the member is a Person who becomes a inernber• on or after
,I dy 1, 2010, shall be requb - ed to pay member contributions o n a salary; i eduction basis in accordance
with § 41401) of the Irnter Revenue Code in the amount offrve perceiv of creditable compensation as
follows: (i) anj member ivho connnences or' 1 econvnences einplo))inenl on or afte►• July 1, 2012. shall be
requ ired to contribute five percent of his creditable compensation rrporr ca112r17er Ch7g or• r-ecOMrrrMO
Attachment A ( cont )
2 of
employme and (ii) m em b er s i s ervic e o n June 30, 2012, shall be r equired to contr five percent
of their creditable compensation no later than July 1, 2016. Such mem ber described in subdivision (ii)
shall contribute a ininirnin of an additional one percent of his cr editable compensation b7 inning on
each July 1 of 2012, 2013, 2014, 2015, and 2016, or until the member's contribution equals e percent
of cr editable compensation, but the county, city, town, or other loc al employer• other than a local public
school board may elect to require members to contribute more that? an additional one percent each
year, in whole percentages. In no case shall a ineinber be requir to contribute more than five percent
of his creditable compensation fo r each pay period for which he receives compensation. No county, city,
town, or other local employer other than a local public school board shall be allowed to elect to pay
any ain of inember contributioM except to pay the difference between five percent and the employee
contribution during the phase - in period described in this subdivision for a in einber who was in service
on Jane 3 2012.
4. A inernber who is an employee of a local public school board, regar dless of whether the member
is a person who becomes a inem an or after July 1, 2010, shall be requited to pay member
contributions on a salary r•eductio17 basis in accordance with § 414(1) of the Internal Revenue Code in
the amount of five percent of creditable compensation as follows. (i) any member who commences or
recommences employment on or after July 1, 2012, shall be requit to contribute five percent of his
creditable compensation upon commencing or recommencing employment and (ii) inember s in service on
June 30, 2012, shall be required to contribute five percent of their creditable compensation no later
than July 1, 2016. Such member described in subdivision (ii) shall contribute a in inimutn of an
additional one per cent of his creditable compensation beginning on each July 1 of 2012, 2013, 2014,
201 and 2016, or until the member's contribution equals five percent of creditable compensation, but
the local public school board employer may elect to require inein to contribute nro than an
additional one percent each year, in whole percentages. In no case shall a inember be required to
contribute more than five percent of his creditable compensation for each pay period fo r which he
receives compensation. No local public school board employer shall be allowed to elect to pay any
am Of m c ontri but i on s except to pay the difference between five percent an the employee
contribution during the phase -in period described in this subdivision for a ine who w as in s erv ice
on Jane 30, 2012.
-3 S. Notwithstanding any other provision of this section or other law, only those employers who
were paying member contributions as of February 1, 2010, may pay member contributions. The
provisions of this subdivision shall not apply to a county, city, town, local public school board, or other
local employer.
G. 1.e *e e€ � afar se the 6 E) ft t &F4i 140 U& It 1i %Qf 4 as }� e � p rs nrtirryr� r� rt r► rr 1 y } ' J e the CRAM late 2 Quip `v � � p hase ef LiJJ �u aall ■■ ��77 . TTTL �l of 4s t -InAgaiar. w ea %.1 A A a &&Wb1A1A.9eWO&a&+ieH �e the Bea e €e to tie sue The BBaF
shall appr-eN,.e Awl e€ time b whieh the shall be fiet to amused fiw ye at HUM
the oenuBemement e€ the 41AAC:04 - P " f neft t r,
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4AMnIA4, 4a aGe r-cinnr-P 51.1 1 _� r►r P W Am 4 p I e yef r I H N 2 0 of its g ek , e i `.+' n� to rnti A A A e i t Geyer ry W a a h wj a pa member- eentr4butiens sV Lei " : 4 : t i f t 1b - A z J6 : a M h r � $ �i j.�. J,� n r fW%.1. ffif r�ri with
of Cie in �r of �g � �-r V� +V , a=■ on lie € e€ tts
44 The Board may develop procedures to effect the transfer of member contributions paid by
employers on or after July 1, 1980, and accrued interest on those contributions, to the member
contribution account of the member, if such contributions have been previously deposited into the
retirement allowance account of the employer.
2. That any county, city?, town, local public school board, or other local employer that currently
pays any portion of member contributions to the Virginia Retirement System that the member will
be responsible for paying pursuant to the provisions of this act shall provide an increase in total
creditable compensation, effective July 1, 2012, to each affected member who was in service on
.tune 30, 2012, to offset the cost of the member contributions. Such increase in total creditable
compensation shall be equal to the difference between five percent of an employee's total
creditable compensation and the percentage of the member contribution paid by the local member
on January 1, 2012. If a county, city, town, local public school board, or other local employer
elects to phase in the member contributions pursuant to subdivision F 3 or F 4 of § 51.1 - 144 of the
Code of Virginia, the increase in total creditable compensation may also be phascd in at the same
rate,
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 12
RESOLUTION TO VIRGINIA RETIREMENT SYSTEM (VRS)
APPROVING THE AMOUNT OF MEMBER CONTRIBU'T'IONS THAT
EMPLOYEES WILL PAY BEGINNING JULY 1 2012
WHEREAS, the Roanoke County 55180 employees who are Virginia Retirement
System members who commence or recommence employment on or after July 1, 2012
( "FY2013 Employees" for purposes of this resolution), shall be required to contribute
'Five percent of their creditable compensation by salary reduction pursuant to Internal
Revenue Code § 414(h) on a pre -tax basis upon commencing or recommencing
employment; and
WHEREAS, the Roanoke County 55180 employees who are Virginia Retirement
System members and in service on June 30, 2012, shall be required to contribute five
percent of their creditable compensation by salary reduction pursuant to Internal
Revenue Code § 414(h) on a pre -tax basis no later than July 1, 2016; and
WHEREAS, such employees in service on June 30, 2012, shall contribute a
minimum of an additional one percent of their creditable compensation beginning on
each July 1 of 2012, 2013, 2014, 2015 and 2015, or until the employees' contributions
equal five percent of creditable compensation; and
WHEREAS, the Roanoke County 55180 may elect to require such employees in
service on June 30 2012, to contribute more than an additional one percent each year,
in whole percentages, until the employees' contributions equal five percent of creditable
compensation; and
Page 1 of 3
WHEREAS, the second enactment clause of Chapter 822 of the 2012 Acts of
Assembly (SB497) requires an increase in total creditable compensation, effective July
1, 2012, to each such employee in service on' ,dune 30, 2012, to offset the cost of the
men ,- fiber contributions, such increase in total creditable compensation to be equal to the
difference between five percent of the employee's total creditable compensation and the
percentage of the member contribution paid by such employee on January 1, 2012.
BE IT THEREFORE RESOLVED, that Roanoke County 55180 does hereby
certify to the Virginia Retirement System Board of Trustees that it shall effect the
implementation of the member contribution requirements of Chapter 822 of the 2012
Acts of Assembly (SB497) according to the following schedule for the fiscal year
beginning .duly 1, 2012 (i.e., FY2013):
Type of
Employee
Employer Paid
Member Contribution
Employee Paid
Member
Contribution
Plan 1
0%
5%
Plan 2
0%
5%
FY2013 Employees
0%
5%
(Note: Each row must add up to 5 percent.); and
BE IT FURTHER RESOLVED, that such contributions, although designated as
member contributions, are to be made by the Roanoke County in lieu of member
contributions; and
Page 2 of 3
BE IT FURTHER RESOLVED, that pick up member contributions shall be paid
from the same source of funds as used in paying the wages to affected employees; and
BE IT FURTHER RESOLVED, that member contributions made by the Roanoke
County under the pick up arrangement shall be treated for all purposes other than
income taxation, including but not limited to VRS benefits, in the same manner and to
the same extent as member contributions made prior to the pick up arrangement; and
BE IT FURTHER RESOLVED, that nothing herein shall be construed so as to
permit or extend an option to VRS members to receive the pick up contributions made
by the Roanoke County directly instead of having them paid to VRS; and
BE IT FURTHER RESOLVED, that notwithstanding any contractual or other
provisions, the wages of each member of VRS who is an employee of the Roanoke
County shall be reduced by the amount of member contributions picked up by the
Roanoke County on behalf of such employee pursuant to the foregoing resolutions.
NOW, THEREFORE, the officers of Roanoke County 55180 are hereby
authorized and directed in the name of the Roanoke County to carry out the provisions
of this resolution, and said officers of the Roanoke County are authorized and directed
to pay over to the Treasurer of Virginia from time to time such sums as are due to be
paid by the Roanoke County for this purpose.
Page 3of3
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: June 12, 2012
AGENDA ITEM: Request to authorize execution of an updated contract with the
Unified Human Services Transportation System, Inc. to provide
the CORTRAN services for Roanoke County July 1, 2012
through June 30, 2013
SUBMITTED BY:
APPROVED BY:
Laurie L. Gearheart
Assistant Director of Finance
B. Clayton Goodma I
County Administrato
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Unified Human Services Transportation System, Inc., (RADAR) continues to provide the
paratransit services of the County of Roanoke Transportation program (CORTRAN) on
behalf of Roanoke County. This service is offered to County citizens' age sixty (00) and
over and to citizens' who are physically or mentally challenged as defined under the
Americans with Disabilities Act (ADA) requirements. This program provides demand -
responsive, destination to destination transportation services utilizing wheelchair -lift vans
during the hours of 7:00 a.m. to 0:00 p.m., Monday through Friday.
Transportation is provided to any point within the perimeter of Roanoke County including
points within the City of Roanoke, City of Salem and Town of Vinton. Citizens use this
system to go to medical appointments, shopping, work, socialization or other needs.
At the April 10, 2012, work session, an overview of the budget and costs, administrative
efforts for cost containment and future budget concerns for the program were discussed
with the Board.
The current contract with RADAR states the service for the CORTRAN program will be
Page 1 of 2
provided at $38.00 an hour with a surcharge for the cost of gas over two dollars and 'fifty
cents ($2.50) per gallon and expires on June 30, 2012.
A new contract with RADAR effective for the period July 1, 2012, through June 30, 2013,
has been negotiated. The hourly rate and the surcharge for the cost of gas will remain at
thirty eight dollars ($38.00) an hour and two dollars and fifty cents ($2.50) per gallon,
respectively. In addition, during the term of the contract the County shall appoint one (1)
member to the advisory committee of the board of directors of Unified Human Services
Transportation Systems, Inc.
FISCAL IMPACT:
The proposed fiscal year 2012 -2013 budget includes $500,000 for the CORTRAN program
which is projected to be sufficient to cover the net cost of the program. Therefore there is
no new appropriation of monies requested at this time.
STAFF RECOMMENDATION:
Staff recommends authorizing the County Administrator to sign the renewal contract for the
service of the CORTRAN program to be provided by RADAR based on the thirty eight
dollars ($38.00) an hour with the surcharge for the cost of gas over two dollars and fifty
cents ($2.50) per gallon for the July 1, 2012, through June 30, 2013 service period.
Page 2 of 2
4A
T
B. CIA)rl'ON GOODMAN III
COUNTY ADMINISTRATOR
Ma 21, 2012
Mr. Curtis Andrews, Executive Director
RADAR
Unified Human Services Transportation S Inc.
PO Box 13825
Roanoke, VA 24037
RE: Department of Rail and Transportation
State Aid to Public Transportation
TEL: (S40) 772.2004
FAX: (540) 561.2884
Unified Human Services Transportation S Inc. (RADAR) provides the Paratransit services
of CORTRAN on behalf of Roanoke Count RADAR is eli for the Federal portion of the
Section 5311, New Freedom, and d pro while the Count is eli for the State
portion. This letter is to serve as authorization for the Department of Rail and Public
Transportation, Commonwealth of Vir to appl execute, and file an application, on behalf
of Roanoke Count for public transportation.
The g rant amount of Section 5311 to Roanoke Count is $164,450.00, New Freedom
$55,000.00, and JARC in the amount of $152,568.00 and is to defra the costs borne b
Roanoke Count for public transportation. Roanoke Count will provide funds in the amount of
$57,557.50 for Section 5311, $1,378.00 for New Freedom, and $76,284.00 for JAR C, which will
be used to match the state funds in the ratio as re in such Act g ranted to Roanoke Count
in accordance with the re of Section 58.1-638.A.4 of the Code of Vir
Roanoke Count will maintain the records of receipts of expenditures of funds g ranted and ma
be subject to audit b the Departm nt and b the State Auditor of Public Accounts, on those
funds g ranted to Roanoke Count for defra the expenses of the Roanoke Count
GORTRAN pro
Sincerel
B. Cla Goodman, 111
Count Administrator
0
i k
count f Roano z-
OFFICE OF THE COUNTY ADW&WiWL: t1,
5204 Bernard Drive, PO Box 29800
Roanoke, Vir 24018-0798
Cop Rebecca Owens, Director of Finance
Laurie Gee-arheart, Assistant Director of Finance
Terrie Cochran, Executive Secretar Administration
CONTRACT FOR SERVICES
OF CORTRAN
This A is made and entered into this lst day of July, 2 12, by and between the
County o f Roanoke, Virginia (hereinafter referred t s the "County'# and Unified Hama n
Services Transportation Systems, Inc. (hereinafter referred to as the "System ".
WHEREAS, the County seeks to provide a public transportation system emphasizing
service to elderly and handicapped citizens of Roanoke County; and
WHEREAS, the County seeks to encourage innovative and cost effective public
transportation services which increase cooperation between the public and private sectors.
NOW, THEREFORE, the County and Unified Human Services Transportation Systems,
Inc. agree to the following:
1. Description of Service
a. The System will perform in a timely manner for the benefit of the County, origin to
destination demand responsive service throughout the County. The hours of service will
be 7:00 a.m. to :00 p.m. Monday through Friday. Last pickup time scheduled is 5:30
p.m. Riders will arrange for service by telephoning the System to request transportation
service at least the day before the service is desired during the System's normal office
business hours (8:00 a.m. - 5:00 p.m.. Reservations may be made up to fourteen days in
advance of the requested service. Individuals who ride on a regular basis will be
scheduled on routes when feasible. A regular rider is a person who travels to the same
destination and returns at the sane time at least three tines a week and will not be
required to call to make reservations each day.
b. The service will not be provided on the following holidays: Thanksgiving.,
Thanksgiving Friday, Christmas Eve, christmas Day, New Year's Day, Labor Day, July
4th, Memorial Day, and Good Friday.
c. The System will meet the following performance standards:
1. Maximum imum variance of arrival time at trip origin before or after compared to time
promised by dispatcher: ten I o minutes;
2. Mar iMUM IlUmber of complaints received about lack of service and/or courtesy of
drivers or dispatchers; one 1 percent of passengers per month.
2 . Maintenance of Vehicles:
The System shall at all times maintain the contract vehicle in proper working condition
and in conformance with all applicable safety regulations. System shall be responsible for
obtaining and paying for all repairs, labor, and parts necessary to maintain the vehicles in good
condition. vehicles will be subject to inspection by the County at all times.
3. Drivers:
All drivers utilized for this service shall be fully qualified and licensed by the
Commonwealth of Virginia for operation of vehicle used. Each driver shall receive appropriate
safety training prior to actual operation of any vehicle in connection with this set Drivers
shall display proper courtesy toward all passengers and shall maintain a neat and clean
appearance.
4. Dispatching:
The System will provide the dispatching capability to handle the telephone requests for
demand -resp o ns ive service, and to ensure that drivers are assigned in sequence to meet these
requests for service. Reservations for transportation service must be dispatched to
accommodate the maximum number of passengers per hour.
As mandated by the American with Disabilities Act, the System reserves the right to
change any scheduled time up to one hour from the time requested. The Client will be notified
of this when making a reservation. Passengers should be given a 30 minute window at the time
reservations are made. The System will allow enough travel time to deliver the passenger to
their requested destination on-time.
For record beeping purposes, trips will be classified in six areas: medical, nutritional,
employment, recreational, educational, and personal. Customers will he required to give a
specific time to the dispatcher for return transportation. The System will provide service as
promptly as possible.
5. Fare:
Riders will be charged a fare of $4.00 per trip, which can be paid by cash or ticket. If
paying cash, exact change is required. The System will credit the Counter's monthly billing for
the cash collected. The Counter will be responsible for selling tickets to individuals. The System
will maintain records and provide a monthly report to the County of tickets collected.
Companion aides travel free with a client requiring assistance. Individuals who are qualified to
be a CORTRAN rider cannot be classified as a companion as mandated by ADA.
Riders must be 6 years of age or be physically or mentally challenged citizens as per
ADA requirements. The County will deternilne the eligibility of individuals for the program
and assigned I.D. number to these individuals. These individuals and their assigned I.D. number
will be entered into the fouteriatch software by the Counter to be used by the System.
6. Inclement weather:
When Roanoke County Schools are closed for inclement weather, the service will not be
provided. If Roanoke County Schools are closed for summer vacation or holidays and it is
determined that conditions are unsafe to operate the service for any reason, announcements will
be made on local radio and TV stations by the System.
7. Records Maintenance:
The System and its subcontractors shall maintain all books documents, papers,
accounting records, and any other evidence, showing information of actual time devoted and
supporting the costs incurred. Such information shall be made available at their respective
offices during n rni l business hours during the agreement period and for a period of three (3)
years from the date of final payment from the Counter to System or until final audit) for audit
and inspection, as detailed in paragraph 8. Copies of such information shall be furnished to the
County. A transit report that reflects the System's monthly services and activities shall be
developed by the System and distributed to the County on a monthly basis.
8. Audit and Inspection of records:
System and its subcontractors shall permit the authorized representatives of the County
to inspect and audit all data and records of System and its subcontractor, relating to the
performance of this Agreement.
System agrees that following the completion of any audit report prepared in accordance
with paragraph 7, it will promptly refund to the County any payments that are mutually agreed
upon found to be unsupported by acceptable records or in violation of any ether provisions of
this Agreement.
3
9. Payment for Services
The System will follow these procedures to determine the amount to be reimbursed by
the County:
The mechanism for reimburse payments will be as follows: The driver will maintain a
trip sheet that specifies purpose of the trip, time, mileage, vehicle number, and the number of
passengers each day to verify service was provided. The System will bill the County once each
month and the County will reimburse the System within thirty o days from the date of
billing.
The County agrees to pay the System at a rate of $38.00 per hour. The System's
transportation hours consists of the time that its tales a vehicle to complete a given run from its
base location to its return.
The System must certify that trip sheets are from valid drivers who are actually on duty
at the tines listed on the trip sheets. System will be responsible for verifying that information
recorded is reasonable for trips reflected on the trip sheets. The County shall have access to a
sample driver's trip sheet in order to conduct periodic reviews, and will also request information
from System's dispatcher sheets.
The System will monitor and try to obtain funding through different grants which would
help to reduce the overall cost to the County to provide this program. If the System is successful
in obtaining grants for funding of this program through the Virginia Department of lull and
Public Transportation or other funding sources, the County agrees to pay the required local
match of such grants. The System will not accept these grants without prior approval of the
County.
The County agrees to pay to the System in addition to its standard rate a surcharge for the
cost of gas over two dollars fifty cent ($2.50) per gallon. This surcharge would be added to the
County's regular monthly billing.
The surcharge would be based upon the total number of miles of service provided and the
cost of gas exceeding two dollar fifty cent ($2.50) per gallon. The formula to be used in
calculating the above surcharge is as follows:
Total Number of miles per Month
5 (Average Miles Per Gallon)
X Cost of Gas Over $2.50
1. No Sys: A. no-show is defined as the act of a person who having scheduled a trip,
changes his /her mind about making the trip but does not cancel the appointment, allowing the
bus to arrive and wait 5 minutes but not boarding it. The definition also includes cancellations
less than one hour before the scheduled pick-up time, The System will maintain records in
order to keep track of no-shows and report them to the County as mutually agreed upon. The
County agrees to pay the System for the time its take a vehicle to travel to a pickup destination.
11. Suspension of Service:
All riders are expected to act appropriately when using the service. Riders who display
any of the following actions will be suspended from the service. Whose actions include, but are
not limited to: vandalism, physical or verbal abuse of employees or another passenger, sexual
behavior, refusal to wear a seatbelt or allow their nobility device to be secured, snaking or
eating food on the vehicle and nonpayment of fares.
suspension may result if a rider violates any safety policy or has a medical need that
presents a clear and present clanger to that individual, ogler passengers or the System's
employees. This may result in an immediate suspension. A rider who is subject to an immediate
suspension will be notified by phone and U.S. mail by the System.
A suspended rider shall have an opportunity to appeal his or her suspension to the
System.
12. Marketing:
The System may be expected to contribute to the efforts to promote the demand-
responsive service in cooperation with the County. The specific efforts that are expected of the
System will be mutually determined as need arises.
1. Insurance:
The System shall tale out and maintain during the life of this agreement such bodily
injury liability insurance and property liability insurance as shall protest it from claims for
damage, which may arise from operations under this Agreement, in the amounts as specified on
Exhibit B. Certificate of Insurance)
1. Indemnification:
The System hereby assumes liability for and agrees to protect, hold harmless, and
Indemnify the County and the County's officers, employees, agents, and assigns from any and
all claims, losses, liabilities. damages, lawsuits. actions, penalties, and legal fees and expenses.,
of whatever bind and nature, imposed on incurred by, or asserted against the County and its
employees, officers, agents, assigning in any way relating to or arising out of any of the
following; the violation of System of its obligations under this Agreement; any tort or other
action or failure to act which shall he done in connection with providing the services described
herein, supra ny act or failure to act of any officer, director, employee, or agent of System; an
injury to any person, loss of life, or damage to or destruction of property arising out of or
relating to the operation of CORTRAN service. The County agrees to promptly notify the
System In writing of any clanns or liability, which System believes to be covered under this
paragraph.
15. Terra:
The term of this agreement shall he from the rst day of July, 2012 through the 30th day
of June, 2013. The agreement may he renewed upon such terms and such time as is agreed
upon by both parties.
16. Modification of Contract:
This Agreement constitutes the entire agreement between the parties. Any proposed
change in this Agreement shall be submitted to the other party for its approval. No
modification, addition, deletion, etc. to this agreement shall he effective unless and until such
changes reduced to writing and executed by authorized agents of each party.
17. Contract currents:
Each of the following described contract documents, copies of which are attached hereto
or incorporated hereto or incorporated herein by reference, form a part of this agreement.
Exhibit B - Certification of Insurance
6
1. Section Heading:
The Section Heading of this Agreement are for convenience only and on no way define,
limit, or describe the scope or intent of this Agreement.
19. Termination of Agreement
. The County may terminate this agreement at any time for cause or convenience
provided that it gives written notice of sixty days to System of such termination, which
shall specify the effective date of such notice. In the event of such termination, System shall he
compensated for allowable costs through the date of written notification from the County to
terminate.
b. System may at any time, by giving sixty days written notice specifying the
effective date, terminate this contract for cause. Cause may include, but shall not be limited to
the following which 1s listed by moray of illustration and not by way of limitation:
I . Failure by the Counter to provide payment in a thuely and proper manner.
o. Conflict of Interest:
System agrees that it presently has no interest and shall acquire no interest, direct or
indirect, which would conflict in any manner or degree with the perfoniianee of its services
hereunder. S further agrees that in the performance of this agreement, no person having
any such interest shall be employed.
21. Interest of Public Officials:
No member, officer, or employee of the County or of a local public body during his
tenure or for one 1 year thereafter, shall have any interest, direct, indirect, in this agreement or
the proceeds thereof. During the term o f this contract the County shall appoint one member to
the advisory committee of the board of directors of Unified Human Services Transportation
Systems, Inc.
22. Covenant Against Contingent Fees:
System warrants that it has not employed or retained any company or person, other than
bona fide employee working solely for System, to solicit or secure this contract, and that it has
not paid or agreed to pay any company or person, other than bona fide employee working solely
for System, any feet commission, percentage, brokerage fee, or other considerations, contingent
upon or resulting from the award or making of this agreement. For breach or violation of this
warranty, the County shall have the right to amiul this agreement without liability, or at its
discretion, to deduct from the agreement price or consideration or otherwise recover the full
amount of such fee, commission, percentage, brokerage erage fee, gift, or contingent fee.
3. Fair Employment Contacting Act:
System, its agents, employees, assigns or successors, and any persons, firm, or agency of
whatever nature with whom it may contract or make an agreement, shall comply with the
Provisions of the Virginia Fair E mployment Contracting Act (Sec. 2.1-374 through Sec. 2.1-376
of the Code of Virginia, 1950 as amended), the terms of which are in r l herein b
reference.
2. Equal Employment Opportunity:
System, its agents, employees, assigns, or successors, and any person, firm, or agency of
whatever nature with whom it may contract or male an agreement in connection with this
agreement shall not discriminate against any employee or applicant for employment because of
race, religion, color, sex, or National origin. System will take affirmative action to insure that
applicants are employed, and that employees are treated during their employment, without
regard to their race, religion color, sex, or national origin. Such actions shall include, but not
he limited to the following: employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination, rate of pay or other forms of compensation; and
selection for training including apprenticeship.
Disadvantaged Business Enterprise:
The System, its agents, employee, assigns, or successors, and any persons, firm, or agency
of whatever nature with whom it may contract or make agreement in connection with this
agreement, will cooperate with the County in meeting his commitments and goals with regard
to the maximum practicable opportunity to complete for subcontract work under this
agreement. The parties to this agreement pledge to follow the Virginia Department rtment of Rail and
Public Transportation DBE Affirmative Action Program, which has been submitted to the
Secretary of Transportation, and which program has not been disapproved by the Secretary.
26. Motor Vehicle Safet Standards:
S is responsible for ensurin that the motor vehicles will compl with the motor
vehicle Safet Standards as established b the United States Department of Transportation and
with the Motor. Vehicle Standards of Code of Vir (Title 46.1)
27. Non-Waiver:
The failure of the Count at an time to insist upon a strict performance of an of the
terms, condition, and covenants herein shall not be deemed a waiver of an subse breach
or default in the terms, conditions, and covenants herein contained.
IN WITNESS WHEREOF, the Count and S have executed this a as of
the date first above written.
SYSTE srs, INC
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COUNTY OF RONO, VIRGINIA
Title:
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BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITU A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE TATIVE Ofd PRODUCER, AND THE CERTIFICATE HOLDER.
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PRODUCER '
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P, 0. Box 7606 000 - 899 -0.146
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Donald HIV ThDrnhill Jr CIC 1+ LTC
CONTACT
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DESCRIPTION OF OPERATIONS { LOCATIONS J VEHICLES (Attach ACORD 101, Additional Pema&,s Schedule, IF more space is mqufmd)
CERTIFICATE HOLDER CANCELLATION
County of Ro
DDTAII
ATTf: Laurie Genf heart
P. 0. Box 29600
R oanoke, VA 2401
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROV)SI019S.
AUTHORIZED REPRESENTA ME
ACORN 2 5 (2000100)
1988-2009 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
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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: June 12, 2012
AGENDA ITEM: Ordinance approving a Telecommunications and Facilities
Licensing Agreement with Cox Communications at the Social
Services Building, 220 East Main Street, Salem, VA
SUBMITTED BY:
APPROVED BY:
Anne Marie Green
Director of General Services
B. Clayton Goodman
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Cox Communications has been asked to provide communications equipment and fiber in
the basement and wails of the Social Services Building in Salem for the purpose of
providing back up data communication to US cellular, which has an antenna and
equipment on the roof of that building. The newegUipment will use approximately four (4)
square feet on the wall in the basement of the building, and will be submetered for
electricity so that Cox will pay for its use directly to the city of Salem.
Staff has negotiated a price of seventy -five dollars per month ($75.00 /month) for this use,
which reflects a rent of fourteen dollars per square foot ($14.00/square foot) plus the
approximate value of the area being used by the fiber in the walls. This is similar to other
rents in that building. The process has been prolonged due to staff retirement and the
unusual nature of the documents required in this case, and cox and U.S.Cellular need to
move ahead as soon as possible. They have asked for a waiver of the second reading so
that the work can begin before the end of the month.
FISCAL IMPACT:
Roanoke County will receive $900 annually from this lease, which will be deposited in the
account for the upkeep of that building.
Paae 1 of 2
STAFF RECOMMENDATION:
Staff recommends that the Board of Supervisors approve the first reading of this ordinance,
waive or dispense with the second reading as an emergency measure upon an affirmative
vote of four- fifths of the Board, and authorize the County Administrator or his designee to
sign the Telecommunications Facilities and License Agreement with Cox Communications.
Page 2 of 2
TELECOMMUNICATIONS FACILITIES AND LICENSE AGREEMENT
This Telecommunications Facilities and License Agreement ( "Agreement ") is entered
into this day of , 2012, by and between CoxCom,
LLC. dba Cox Communications Roanoke ( "Cox ") and County of Roanoke ( "Owner ").
Owner holds title to, or is the authorized agent of the titleholder of, certain property
located at 22o E. Main Street, Salem, VA 24153 ( " Property "). Cox agrees to pay Owner
seventy five dollars ($75.00) monthly as rent for use of the Property. Cox further agrees
that said rent payments are payable quarterly in advance on the first day of each
quarter, commencing on July 1, 2012.
Owner and Cox desire to enter into this Agreement for Cox to provide its services to the
Property under the terms and conditions herein.
1. Grant of Access and License. Owner grants Cox permission to install and
maintain its telecommunications facilities ( "Facilities ") on the Property to provide
services including voice, video and data and other telecommunications, and information
services ( "Services ") to Owner's tenants and /or other persons occupying the Property
( "Tenants "). Prior to beginning any construction at the Property, Cox shall obtain
Owner's prior consent to Cox's construction plans and location of Facilities, such
consent not to be unreasonably withheld, conditioned or delayed. Owner further grants
to Cox a non - exclusive license and the right to enter the Property including all common
areas and facilities to install, connect, disconnect, transfer, service, remove or repair the
Facilities. Upon termination of Cox's Services to the Property, Cox may at its option
enter the property and remove the Facilities. Cox's right to enter the Property for the
purpose of removing the Facilities shall survive termination of this Agreement. At
Owner's written request, however, Cox shall remove the Facilities (excluding "Internal
Wiring" (defined below) within ninety (go) days after termination of this Agreement.
2. Ownership of Facilities. The Facilities are and shall remain the sole and
exclusive property of Cox and shall not become fixtures of the Property, except for
"Internal Wiring" which is defined as the wiring, ports and outlets located within a
commercial unit receiving Services back up to the demarcation point, which shall be
either (i) the building's minimum point of entry (MPOE) as defined by the FCC or (ii)
that point roughly twelve (12) inches outside of the Tenant's individual commercial unit.
g. Obligations of Cox. Cox agrees: (i) to pay for any materials and labor reasonably
necessary to install the Facilities, except as provided in Cox Commercial Services
Agreements(s) or other agreements(s) between Cox and Tenants; (ii) to repair any
damage to Owner's Property (including any necessary replacements), if such damage
results directly from Cox's installation of the Facilities, and to restore the Property to as
near its condition prior to installation of the Facilities as maybe practicable to Owner's
reasonable satisfaction; (iii) to keep the Property free of liens resulting from the
installation of the Facilities; (iv) Owner shall have no responsibility for the Services
provided by Cox to Tenants or for the proper functioning of the Facilities; and (v) to
obtain all necessary governmental authorizations for the construction and operation of
Page 1 of 3
the Facilities on the Property and to perform such construction in a good and
workmanlike manner.
4. Obligations of Owner. Owner agrees: (i) not to use or permit others to use the
Facilities or any equipment that interferes with the Facilities' operation; (ii) not to move,
disturb, or alter the Facilities or permit any third party to do so without Cox's prior
written consent; (iii) that this Agreement and Cox's rights granted herein shall be
binding upon Owner's successors and assigns; (iv) to notify any successor Property
owner of Cox's rights under this Agreement; (v) that Owner has full authority to execute
this Agreement and grant the rights herein granted and there are no prior or existing
agreements, nor will there be any agreements during this Term, that would be breached
by the execution by Owner of this Agreement or by Cox's provision of the Services; (vi)
to reasonably assist Cox in identifying the location of the private utility lines within the
Property.
5. Indemnification. Cox agrees to indemnify, defend and hold Owner harmless form
all claims, suits, proceedings, liabilities, losses, costs, damages and expenses, including
reasonable attorneys' fees (the "Claims ") for any personal injury or property damages
arising out of (a) Cox's negligence in the installation or removal of the Facilities; or (b)
Cox's breach of this Agreement. To the maximum extent allowed by the laws of the
Commonwealth of Virginia, Owner agrees to indemnify, defend and hold Cox harmless
from all Claims arising out of (a) the renting, leasing or purchasing of space at the
Property; (b) injuries or damage to Cox's employees, agents or the Facilities arising out
of the negligent acts or omissions of Owner, its agents or employees; or (c) Owner's
breach of this Agreement. This Section 5 (Indemnification) shall survive the expiration
or termination of this Agreement.
6. Term. The "Term" shall begin upon execution by the parties and continue for five
(5) years from the first day of the first full calendar month following both parties'
execution of this Agreement. Thereafter, the Term shall continue for as long as Cox is
providing Services to Tenants. The foregoing notwithstanding, Cox may terminate this
Agreement if it becomes technically, legally, or financially impracticable to continue
providing services. In addition thereto, Owner may terminate this Agreement if it
becomes technically, legally, or financially impracticable to continue hosting Cox at the
facility.
7. Default. If either party fails to perform any material obligation or such default is
not cured within thirty (30) days after written notice from the other party, the non-
defaulting party may immediately terminate this Agreement by providing written notice
to the defaulting party.
8. Miscellaneous. This Agreement is the entire understanding between the parties
and supersedes any prior agreements or understandings related to this subject matter,
whether oral or written. This Agreement may not be amended except by a written
instrument executed by both parties. Cox shall not assign, delegate, or transfer (i) to
any affiliate; (ii) any entity merging with or acquiring substantially all of the assets of
Cox or (iii) any telecommunications or information carrier providing Services to
Page 2of3
Tenants the whole or any part of this Agreement or any of its interests, rights or
obligations hereunder, by operation of law or otherwise, without the prior written
consent of Owner, which consent shall not be unreasonably withheld. This agreement
shall be interpreted, construed and enforced in all respects in accordance with the laws
of the Commonwealth of Virginia, without reference to conflict of laws principles.
Notices shall be sent by United States Certified Mail or nationally recognized courier.
This is not a service agreement nor is Cox obligated to provide Services to the Property
unless and until its Facilities have been constructed on the Property, which construction
shall be at the sole discretion of Cox. All equipment placed in the cabinet room or
MPOE by Cox belongs to Cox and in the event of a bankruptcy or disconnection order
Cox retains the right to recover its equipment at any time (during normal business
hours) within sixty (60) days.
OWNER:
Signature:
Name & Title:
Date:
Address:
Telephone: Fax:
Email:
Hours of Access:
COX:
Signature:
Name & Title:
Date:
Address:
Telephone: Fax:
Page 3of3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, JUNE 12
ORDINANCE APPROVING A TELECOMMUNICATIONS AND
FACILITIES LICENSING AGREEMENT WITH COX COMMUNICATIONS
AT THE SOCIAL SERVICES BUILDING, 220 EAST MAIN STREET,
SALEM, VA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, is the owner
of several parcels of land, containing .68 acre, located at 220 East Main Street in the
City of Salem, Virginia, and designated on the Salem Land Records as Tax Map #106-
13 -6 #106 -13 -2, and #106 -13 -1, now known as the Social Services Building in Salem
(formerly referred to as the Salem Bank and Trust Building); and,
WHEREAS, said property was purchased on May 15, 2001, subject to leases
with the County of Roanoke to provide office space for the Department of Social
Services (DSS) and Blue Ridge Behavioral Health Care on the third, fourth, and fifth
floors of the building, and subject to a number of commercial leases for the first and
second floors of the building and a rooftop for antenna space with Ohio State Cellular
Phone Company, Inc. (US Cellular) (dated November 20, 1998); and
WHEREAS, Cox Communications (Cox) has been requested to provide backup
data communications to US Cellular requiring the installation by Cox of communications
equipment and fiber in the basement and walls of the Social Services Building; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition or conveyance of an interest in real estate, including leases, shall be
accomplished by ordinance; the first reading of this ordinance was held on June 12,
2012; and the second reading of this ordinance has been dispensed with since an
emergency exists, upon a 4 /5ths vote of the members of the Board.
Page 1 of 2
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That lease of approximately four (4) square feet of wall space in the
basement of the Social Services Building located at 220 East Main Street, Salem,
Virginia, to Cox Communications for an initial lease term of five (5) years from the date
of execution by both parties, at an initial annual rental of seventy five dollars ($75.00)
per month is hereby authorized and approved. Cox Communications will be responsible
for and will pay for any necessary electric service directly to the City of Salem.
2. That the County Administrator or an Assistant County Administrator is
hereby authorized to execute a lease agreement on behalf of the Board of Supervisors
of Roanoke County and to execute such other documents and take such further actions
as are necessary to accomplish this transaction, all of which shall be upon form and
subject to the conditions approved by the County Attorney.
3. That the funds generated by this lease shall be placed in the Social
Services Building (Salem Bank and Trust Building) revenue account.
4. That this ordinance shall be effective on and from the date of its adoption.
Page of
ACTION NO.
ITEM NO. F -2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
June 12, 2012
Ordinance authorizing the granting of anon- exclusive ten (10)
foot wide easement to Cox Communications on property
owned by the Roanoke County Board of Supervisors (Tax Map
No. 027.13 -04- 01.00) for the purpose of an underground
communications system
Anne Marie Green
Director of General Services
B. Clayton Goodman I
County Administrato
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Roanoke County leases space at the Hollins Fire Station to Ntelos Wireless for a
telecommunications tower and assorted equipment. In the lease, the County has agreed
to assist Ntelos whenever necessary in obtaining easements for utility services to the
compound.
Cox Communications has requested an underground utility easement at Hollins Fire and
Rescue Station to install back up communications for Ntelos. This will provide service to
Ntelos customers in case of an outage on the regular network. This will not affect the
operation of Roanoke County Communications equipment located on the tower. The first
reading of this ordinance will be held on Jane 12, 2012, and the second reading and public
hearing will be held on June 26, 2012.
FISCAL IMPACT:
There is no fiscal impact.
Page 1 of 2
STAFF RECOMMENDATION:
Staff recommends approving first reading of the attached ordinance granting the Non -
Exclusive easement to Cox communications, along the property line at 7401 Barrens Road
and setting the second reading for June 20, 2012.
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 12
ORDINANCE AUTHORIZING THE GRANTING OF A NON-
EXCLUSIVE TEN (10) FOOT WIDE EASEMENT TO COX
COMMUNICATIONS ON PROPERTY OWNED BY THE ROANOKE
COUNTY BOARD OF SUPERVISORS (TAX MAP NO. 027.13 -04-
01.00) FOR THE PURPOSE OF AN UNDERGROUND
COMMUNICATIONS SYSTEM
WHEREAS, Cox Communications has requested a ten (10) foot wide easement
for the purpose of installing underground communications systems cables, wires and
terminals across property owned by the Roanoke County Board of Supervisors (Tax
Map Parcel No. 027.13 -04- 01.00) known as 7401 Barrens Road, Roanoke, Virginia; and
WHEREAS, granting this non - exclusive, utility easement will serve the interests
of the public by supporting the purposes of Ordinance No. 102604 -7 by which Roanoke
County authorized a lease agreement with Virginia PCS Alliance, L.C. d /b /a INTELOS
for a 3,400 sq. ft. tower site and tower, which authorized sub - leases and co- location of
antennas on said tower located at the Hollins Fire Station; and
WHEREAS, pursuant to the provisions of Section 18.04 of the Roanoke County
Charter, the acquisition only by ordinance, and that the first reading of this ordinance
was held on June 12, 2012, and that the second reading and public hearing was held on
June 26, 2012; and
WHEREAS, pursuant to the provision of Section 16.01 of the Roanoke County
Charter this interest in real estate is declared to be surplus, and is hereby made
available for other public uses by conveyance to Cox Communications for a non-
exclusive utility easement.
Page 1 of 2
BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, as follows:
1. That the conveyance of a ten (10) foot wide non - exclusive, utility easement to
Cox Communications for the purpose of constructing, operating, maintaining,
replacing and removing a communication system consisting of underground
cables, wires and terminals as shown on a plan prepared for Cox
Communications dated May 1, 2012, titled "AT &T" by G. Bower is hereby
authorized and approved.
2. That the County Administrator or his designee is hereby authorized to execute
such documents and take such actions as are necessary to accomplish this
transaction, all of which shall be upon form and subject to the conditions
approved by the County Attorney.
3. That this ordinance is effective from and after the date of its adoption.
Page 2 of 2
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ACTION NO.
ITEM NO. F -3 aLY
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: June 12, 2012
AGENDA ITEM:
Ordinance amending the Roanoke County Code by the
adoption of a new Section 2 -11 authorizing the assessment
and recovery of costs against responsible parties for actions
taken to protect the public health, safety and welfare
SUBMITTED BY: Paul M. Mahoney
County Attorney
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY of INFORMATION:
This is the first reading of an ordinance to establish a method for the assessment and
recovery of the County's administrative costs for the abatement of public nuisances and
the correction or cleanup of problems affecting the public health, safety and welfare.
Recently the Board has authorized County staff to take over development projects from
defaulting developers and to install promised public improvements. Also the Board has
directed staff to abate a variety of public nuisances, cleanup blighted properties, and to
take other similar actions to protect the public interest. Questions have been raised with
respect to the recovery of all of the costs and expenses for these corrective actions. This
ordinance establishes a method to calculate and to recover these costs from the
responsible parties.
In addition, the 2012 session of the Virginia General Assembly authorized localities to
adopt local ordinances to recover the costs of cleaning up methamphetamine labs.
This ordinance defines the "costs and expenses" as follows: the (i) salary or hourly rate of
pay of the County employees who worked on the corrective action, (ii) the cost of the fringe
benefits of said employees, (iii) supplies, equipment and materials; and (iv) permits or fees
paid to outside agencies, authorities or departments. This term also means the contract
price for any private contractor hired by the County to perform the corrective action.
Page 1 of 2
STAFF RECOMMENDATION:
It is recommended that the Board favorably consider the adoption of this 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, JUNE 12
ORDINANCE AMENDING THE ROANOKE COUNTY CODE BY THE
ADOPTION OF A NEW SECTION 2 -11, "ASSESSMENT AND
RECOVERY OF COSTS, PUBLIC NUISANCES AND OTHER
INCIDENTS", AUTHORIZING THE ASSESSMENT AND RECOVERY OF
COSTS AGAINST RESPONSIBLE PARTIES FOR ACTIONS TAKEN TO
PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE
WHEREAS, from time to time the Roanoke County Board of Supervisors will take
action to protect the public health, safety and welfare of the County and its citizens by
repairing, maintaining, correcting or completing the construction of public improvements
or abating public nuisances; and
WHEREAS, Section 15.2- 1716.1 authorizes the reimbursement of expenses
incurred in providing an appropriate emergency response, including law- enforcement,
fire - fighting, rescue and emergency medical services in responding to violations of
Section 18.2 -46.6 of the Code if Virginia (terrorism or hoax), including responding to
actions with that are intended to (i) intimidate the civilian population, (ii) influence the
conduct or activities of the government of the United States, a state or locality through
intimidation, (iii) compel the emergency evacuation of any place of assembly, building or
other structure or any means of mass transportation, or (iv) place any person in
reasonable apprehension of bodily harm, uses, sells, gives, distributes or manufactures
any device or material that by its design, construction, content or characteristics
appears to be or appears to contain a weapon of terrorism, but that is an imitation of
any such weapon of terrorism; and
Page 1 of 4
WHEREAS, the 2012 session of the Virginia General Assembly adopted Section
15.2 - 1716.2 (HB 517) which authorized localities to collect the costs of cleaning up
methamphetamine labs; and
WHEREAS, these actions will result in public costs and expenses which should
be recovered from the responsible parties who failed to complete the required public
improvements or who created the public nuisances; and
WHERAS, the first reading of this ordinance was held on June 12, 2012, and the
second reading and public hearing was held on June 26, 2012.
BE IT ORDAINED, By the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the Code of the County of Roanoke is hereby amended by the
adoption of a new Section 2 -11 "Assessment and Recovery of Costs, Public Nuisances
and Other Incidents", which provides as follows:
Section 2 -11 Assessment and Recovery of Costs, Public Nuisances and Other
Incidents
1. Definitions:
"Corrective action ": means the repairing, maintaining, correcting, or completing the
construction of public improvements required under a land subdivider Is agreement, an
erosion and sediment control agreement, stormwater maintenance agreement, spot
blight abatement program, abatement of public nuisances, responding to incidents
authorized under Section 15.2- 1716.1 of the Code of Virginia,or any other similar project
Page 2 of 4
that is authorized under the Code of Virginia or the Roanoke County Code or directly
affects the public health, safety and welfare of the citizens of Roanoke County.
"Responsible party ": means the person or persons who (i) executed an agreement with
the County to undertake certain actions, or (ii) the person or persons who benefit
directly or indirectly from the construction or installation of the public improvements, or
(iii) the owner of the real estate upon which the corrective action is taken or the real
estate benefitted by the corrective action, or (iv) person or persons who are responsible
for the creation of the public nuisance.
"Costs and expenses ": means the (i) salary or hourly rate of pay of the County
employees who worked on the corrective action, (ii) the cost of the fringe benefits of
said employees, (iii) supplies, equipment and materials; and (iv) permits or fees paid to
outside agencies, authorities or departments. This term also means the contract price
for any private contractor hired by the County to perform the corrective action.
2. The County shall assess against responsible parties the costs and expenses of
any corrective action undertaken by it to protect the public health, safety and welfare of
Roanoke County.
3. The department responsible for performing the corrective action shall maintain
the records of the costs and expenses and either mail or hand deliver an invoice of the
final total of all costs and expenses to the responsible party or parties, demanding
payment if full within ten (10) days of the date of the invoice. If the invoice is not paid in
full within (10) ten days, then this invoice shall be transmitted to the County Attorney,
who shall take such actions as may be necessary to collect the amount due and
payable from the responsible party.
Page 3 of 4
4. For incidents requiring an appropriate emergency response as authorized by
Section 15.2- 1716.1 of the Code or Virginia, the County may recover its reasonable
expenses by billing a flat fee of $250 or aminute -by- minute accounting of its actual
costs incurred; however, the amount shall not exceed $1,000 in the aggregate for a
particular incident.
5. (a) The County may recover from any person who is convicted of an offense for
manufacture of methamphetamine pursuant to § 18.2 -248 or 18.2- 248.03 the expense
in cleaning up any methamphetamine lab related to the conviction. The amount charged
shall not exceed the actual expenses associated with cleanup, removal, or repair of the
affected property or the replacement cost of personal protective equipment used.
(b) The County may recover from any responsible party the costs and expenses
of any corrective action in cleaning up any methamphetamine lab.
2. That this ordinance shall become effective July 1, 2012.
Page 4 of 4
ACTION NO.
ITEM NO. F -4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: June 12, 2012
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
Ordinance to accept the donation from Doris Moran of four (4)
parcels of land identified as Tax Map Parcels 054.02- 01 -17,
18 19 and 20 on Poor Mountain Road
Diane D. Hyatt
Assistant County Administrator
B. Clayton Goodma9411
County Administrat&?O���
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Mrs. Doris Moran contacted the County with a desire to donate four (4) adjacent parcels of
undeveloped land on Poor Mountain Road. These parcels are identified as 054.02- 01 -17,
18, 19 and 20, and are located along the Roanoke River, with a combined assessed value
of $1,500. The county currently owns the property on either side of these parcels. The
Roanoke County Community Development department has been acquiring these parcels
as part of the West Roanoke River Flood mitigation project.
"these four (4) parcels currently have delinquent balances outstanding of $101.74, which
includes interest expense through June 30, 2012. Mrs. Moran would like to have these
delinquent taxes taken care of as part of the donation of the land to the County.
A Phase 1 Environmental report was prepared by ECS Mid - Atlantic, LLC. The report did
not indicate any areas of environmental concern.
FISCAL IMPACT:
This property will be donated to the County.
any closing costs as part of the donation.
Assistant County Administrator.
The County will pay the delinquent taxes and
Funds are available in the budget of the
Page 1 of 2
STAFF RECOMMENDATION:
Staff recommends approving the first reading of the attached resolution to accept the
donation of the four (4) parcels of land along Poor Mountain Road.
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 12
ORDINANCE TO ACCEPT THE DONATION FROM DORIS MORAN OF
FOUR (4) PARCELS OF LAND IDENTIFIED AS TAX MAP PARCELS
064.02- 01 -17 18 19 AND 20 ON POOR MOUNTAIN ROAD
WHEREAS, Doris Moran has offered to donate four (4) parcels of land located
along the Roanoke River on Poor Mountain Road to Roanoke County, which property is
adjacent to property currently owned by the County acquired as part of the West
Roanoke River Flood mitigation project; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition and conveyance of real estate interests be accomplished by ordinance; the
first reading of this ordinance will be held on June 12, 2012, and the second reading will
be held on June 26, 2012.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the acceptance of the donation from Doris Moran of four (4) parcels
of land located adjacent to the Roanoke River on Poor Mountain Road and further
identified as Tax Map Parcels 064.02- 01 -17, 18, 19, and 20 is hereby authorized and
approved.
2. That funds are available in the adopted budget in the amount of $1,500 to
pay the costs of this transaction including environmental assessment, delinquent real
estate taxes, and recordation fees.
2. That the County Administrator or Assistant County Administrator are
hereby authorized to execute such documents and take such actions on behalf of
Page 1 of 2
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 2 of 2
ACTION NO.
ITEM NO. G -1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DA'rE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
June 12, 2012
Resolution approving and adopting the recommendation of the
Roanoke County Bonding Committee declaring the developer
Al M. Cooper Construction, Inc. to be in default under the
Cardinal Meadows (Catawba Magisterial district) "Developer's
Site development Agreement" and "Erosion and Sediment
Control Agreement"
Tarek Moneir
Deputy Director of Development Services
B. Clayton Goodma Ir�l „�,
County Administrator�.�•-
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
On March 3, 2006 Al M. Cooper Construction, Inc. (Developer), a Virginia Corporation
submitted plans and signed an Erosion and Sediment Control Agreement (ESC) to
subdivide a certain parcel of land to be known as Texas Hollow Subdivision in the Catawba
Magisterial District. I rrevocable Stand by Letter of Credit # VB 100211 (su rety) of $40,52 0
was granted by Valley Bank of Virginia for the said development. Later in the same year,
the name of said subdivision was changed to Cardinal Meadows Subdivision. On August 1,
2000, a Land Subdivider's Agreement (LD) was signed and plans were approved by the
County for the Cardinal Meadows Subdividison. Irrevocable Standby Letter of Credit
#PO03003 (surety) of $447,900 was granted by Sun Trust Bank of Virginia for the said
development.
On July 28, 2008, Roanoke County approved a partial release of $20,260 as surety
reduction to the developer from ESC, and on August 10, 2008, Roanoke County approved
a release of $172,210.70 as surety reduction to the developer from LD. On January 12,
2009, Valley Bank of Virginia issued Irrevocable Standby Letter of Credit #VB1 00321
(surety) in the amount of $275,744.25 replacing Sun Trust Bank's Letter of Credit originally
issued for this development.
Page 1 of 2
In the May 22, 2012, Board Meeting report, the staff reported that the project is
substantially completed with two major exceptions pertaining to the Storm -water
Management Facility (SWMF) and Secondary Road System (SRS). Since that Board
meeting, the developer has made substantial steps towards correcting the deficiencies as
identified by the staff. It appears that all the deficiencies will be corrected on or before
June 12, 2012, except for the installation of fencing around the SWMF. In separate action
listed on today's consent agenda, staff is recommending that the Board accept Mendham
Way into the VDOT Secondary Road System.
FISCAL IMPACT:
In case the developer does not complete the remaining deficiencies, namely the fencing
around the SWMF, the cost of corrections and completing the development obligations is
anticipated to be covered by the funds of the credits with Valley Bank of Virginia and the
surety guaranteed by the Letter of Credit #VB 100321 for this project.
ALTERNATIVES:
Staff recommends that the Board of Supervisors hold a public hearing as advertised
to declare that the Developer is in default of the agreements with Roanoke County
to complete the Cardinal Meadows project but defer the final decision until its next
board meeting scheduled for June 26, 2012.
11. Reject the staff recommendation and declare the developer is in default.
III. Reject the Bonding Committee recommendation.
STAFF RECOMMENDATION:
Staff recommends that the Board accept Alternative I by deferring its decision until June
26, 2012, regular meeting, and authorize the staff to continue working with the developerto
complete the remaining deficiencies.
Attachment
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 12
RESOLUTION APPROVING AND ADOPTING THE
RECOMMENDATION OF THE ROANOKE COUNTY BONDING
COMMITTEE DECLARING THE DEVELOPER AL M. COOPER
CONSTRUCTION, INC. TO BE IN DEFAULT UNDER THE CARDINAL
MEADOWS (CATAWBA MAGISTERIAL DISTRICT) "DEVELOPER'S
SITE DEVELOPMENT AGREEMENT" AND "EROSION AND
SEDIMENT CONTROL AGREEMENT"
WHEREAS, Al M. Cooper Construction, Inc., a Virginia corporation (hereafter
"Developer "), as developers of Cardinal Meadows in the Catawba Magisterial District of
Roanoke County, on or about March 3, 2006, entered into an Erosion and Sediment
Control Agreement (hereafter "E & S Agreement ") with the County of Roanoke and
provided an irrevocable Letter of Credit issued by Valley Bank of Virginia in the amount
of $40,520 to insure the construction and maintenance of certain erosion and sediment
control facilities in connection with the development of Cardinal Meadows; and,
WHEREAS, the Developer subsequently, on or about August 1, 2006, entered
into a Land Subdivider's Agreement with the County of Roanoke and was granted
approval to subdivide a portion of the Developer's property and to record a plat of
subdivision for the development to be known as Cardinal Meadows and provided an
irrevocable Letter of Credit issued by Sun Trust Bank (later changed to Valley Bank) of
Virginia in the amount of $447,960 to insure the construction, completion and
maintenance of improvements to the land; and,
WHEREAS, Developer has partially complied with its legal responsibilities under
the aforesaid E & S and Land Subdivider's Agreements and Roanoke County officials
have authorized multiple partial releases but a balance of $275,744.25 remains on
Page 1 of 4
deposit with Valley Bank to secure the completion of the requirements under the Land
Subdivider's Agreement; and
WHEREAS, the remaining tasks to be performed to comply with the Al M.
Cooper Construction, Inc. Land Subdivider's Agreement include, but may not be limited
to, work pertaining to the Stormwater Management Facility (SWMF) and work required
to bring the roads in this development into a condition to be accepted by the Virginia
Department of Transportation into the Secondary Road System of highways; and
WHEREAS, the Bonding Committee for Roanoke County meeting on May 2,
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 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.
WHEREAS, a public hearing was held on June 12, 2012, after notice to the
Developer and Valley Bank of Virginia, to consider the recommendation of the Bonding
Committee and to receive proposals from the Developer and Valley Bank of Virginia.
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 August 1, 2006 for the construction and
maintenance of certain physical subdivision improvements in accordance with
Page 2 of 4
the plans for Cardinal Meadows dated August 1, 2006 and all subsequent
revisions thereof as 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
$275,744.25.
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 August 1, 2006 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 Valley Bank has executed and entered into an Irrevocable standby Letter of
Credit No. VB100211265, executed August 1, 2006, as surety for Al M. Cooper
Construction, Inc. for Cardinal Meadows, on which the remaining balance is
$275,744.25.
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. VB100211 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
Page 3 of 4
Supervisors in connection with the development of Cardinal Meadows by Al M.
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.
Page 4 of 4
ACTION NO.
ITEM NO. H -1 a✓
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:
June 12, 2012
Ordinance to increase the salaries of the members of the
Board of Supervisors of Roanoke County pursuant to Section
3.07 of the Roanoke County Charter and Section 15.2- 1414.3
of the Code of Virginia
Paul Mahoney
County Attorney
COUNTY ADMINISTRATOR'S COMMENTS:
BACKGROUND:
In May of 2008, the Board adapted an ordinance to increase its salaries pursuant to the
provisions of Section 15.2-1414.3 of the 1950 Cade of Virginia, as amended. This section
of the State Code and Section 3.07 of the County Charter requires that any increase in
Supervisors' salaries be accomplished by ordinance after public hearing between May 1
and June 30. Any increase is limited to an annual five (5 %) percent inflation factor.
The Board has adopted a budget which grants a three percent (3 %) salary increase to
County employees. In the past, the Board has increased its salary by the same
percentage increase awarded to County employees. This ordinance increases the Board
member's salaries by three percent (3 %).
SUMMARY OF INFORMATION:
The first reading of this proposed ordinance was held on May 22, 2012; the second reading
and public hearing will be held on June 12, 2012. The current salary for Board members is
$10,585.80. There is an additional annual compensation for the Chairman of the Board at
$1,800, and for the Vice - Chairman at $1,200. This ordinance increases salaries by three
percent (3 %).
Page 1 of 2
FISCAL IMPACTS
A three percent (3 %) increase would cost $2,487.90 ($497.58 each). The new salary for
each Board member would be $17,083.44.
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 12
ORDINANCE TO INCREASE THE SALARIES OF THE MEMBERS OF
THE BOARD OF SUPERVISORS OF ROANOKE COUNTY PURSUANT
TO SECTION 3.07 OF THE ROANOKE COUNTY CHARTER AND
SECTION 15.2- 1414.3 OF THE CODE OF VIRGINIA
WHEREAS, Section 3.07 of the Charter of the County of Roanoke provides for
the compensation of members of the Board of Supervisors and the procedure for
increasing their salaries; and
WHEREAS, Section 15.2- 1414.3 of the 1950 Code of Virginia, as amended,
establishes the annual salaries of members of boards of supervisors within certain
population brackets; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has
heretofore established the annual salaries of Board members at $16,585.86 by
Ordinance 052708 -20 and further has established the additional annual compensation
for the Chairman for the Board to be $1,800 and for the Vice - Chairman of the Board to
be $1,200; and
WHEREAS, this section provides that the maximum annual salaries therein
provided may be adjusted in any year by an inflation factor not to exceed five percent
(5 %); and
WHEREAS, the first reading on this ordinance was held on May 22, 2012; the
second reading and public hearing will be held on June 12, 2012.
NOW, THEREFORE, it is hereby ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, that the annual salaries of members of the Board of
Supervisors of Roanoke County, Virginia, are hereby increased by an inflation factor of
Page 1 of 2
three percent (3 %) pursuant to the provisions of Section 3.07 of the Roanoke County
Charter and Section 15.2- 1414.3 of the 1950 Code of Virginia, as amended. The new
annual salaries shall be $17,083.44 for members of the Board. In addition, the
Chairman of the Board will receive an additional annual sum of $1,800 and the Vice-
Chairman of the Board will receive an additional sum of $1,200.
This ordinance shall take effect on July 1, 2012.
Page of
ACTION NO.
ITEM NO. 1 -1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: June 12, 2012
AGENDA ITEM: Resolution adopting the fiscal year 2012 -2013 budget,
including the fiscal year 2013 -2017 Capital Improvement Plan,
for Roanoke County, Virginia
SUBMIT'rED BY: W. Brent Robertson
Director of Management and Budget
APPROVED BY: B. Clayton Goodman I I
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Attached is a resolution approving the fiscal year 2012 -2013 budget for Roanoke County,
Virginia. This resolution is detailed by fund and includes unappropriated balances for the
General Government Fund. The School's budget is included in the overall County budget
as presented in the attached resolution.
The figures presented for adoption have been developed by staff From budget work
sessions with the Board of Supervisors. The proposed budget was submitted to the Board
and a public hearing on the proposed budget was held on May 22, 2012.
Prepared in conjunction with the fiscal year 2012 -2013 budget, the fiscal year 2013 -2017
Capital Improvement Program (CIP) is included as part of this resolution. The CIP
summary is attached. On May 22, 2012, there was a public hearing to secure citizen
comments on the County's fiscal year 2013 -2017 CIP. The adoption of this document does
not represent an appropriation of funds.
The adoption of the budget is being requested to fulfill our legal requirements of adopting
and then having a first and second reading of the appropriation ordinance before July 1,
2012, and to allow adequate time for County and School staff to prepare and disburse
employment contracts, institute pay changes and other administrative tasks necessary for
Page 1 of 2
final budget implementation.
Approval of the county budget is for informative and fiscal planning purposes only and
does not actually commit or appropriate funds for expenditure. The commitment of funds
will not occur until the second reading and approval of the fiscal year 2012-2013
appropriation ordinance.
STAFF RECOMMENDATION:
Staff recommends adoption of the fiscal year 2012 -2013 Budget and fiscal year 2013 -2017
Capital Improvement Program.
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 12
RESOLUTION ADOPTING THE FISCAL YEAR 2012 -2013 BUDGET,
INCLUDING THE FISCAL YEAR 2013 -2017 CAPITAL IMPROVEMENT
PLAN FOR ROANOKE COUNTY, VIRGINIA
WHEREAS, Section 15.2 -2503 of the 1950 Code of Virginia, as amended, provides
that the governing body of the County shall prepare and approve an annual budget; and
WHEREAS, said budget shall be prepared and approved for informative and fiscal
planning purposes only; and
WHEREAS, this budget contains a complete itemized and classified plan of all
contemplated expenditures and all estimated revenues and borrowings for the ensuing
fiscal year; and
WHEREAS, a brief synopsis of said budget was published as required by the
provisions of Section 15.2 -2506 of the State Code, and the public hearing as required
thereon was held on May 22, 2012.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia:
1. That there is hereby approved the annual budget for fiscal year 2012-2013 for
Roanoke County, Virginia, as shown on the attached Schedules.
2. That the preparation and approval of this budget is for informative and fiscal
planning purposes only.
County of Roanoke
Adopted FY 2012 -2013 Budget
June 12, 2012
Revenue Estimates
Amount
General Fund
General Government
General Property Taxes
$
118
Local Sales Tax
9
Telecommunications Tax
3713
Business License Tax
6,075
Bank Franchise Tax
525
Utility Consumer Tax
3
Motor Vehicle License Tax
2,175,000
Recordation /Conveyance Tax
1
Meals Tax
3
Hotel /Motel Tax
700
Other Local Taxes
666
Permits, Fees & Licenses
476
Fines and Forfeitures
760
Interest Income
189
Charges for Services
3
Commonwealth
8
Federal
3
Other
1,968,913
Total General Government
$
169
Communications & Information Technology
7
Comprehensive Services
6
Law Library
27
Public Works Projects
183
S B & T Building
444
Recreation Fee Class
5,223,131
Police Special Programs
1,000
Criminal Justice Academy
149
Fleet Service Center
2,744,160
Total General Fund
$
192
Debt Service Fund - County
8
Capital Projects Fund
3,474,987
Internal Service Fund
1
School Operating Fund
132
School Nutrition Fund
5,791,000
School Debt Service Fund
14
School Grants Fund
5
School Capital Fund
824
School Textbook Fund
947
School Bus Fund
325,000
School Laptop Insurance Reserve
358,600
Total Revenues All Funds
$
365
Less: Transfers
(107,692,864)
Total Net of Transfers
$
258,198,826
County of Roanoke
Adopted FY 2012 -2013 Budget
June 12, 2012
Proposed Expenditures
Amount
General Fund
General Government
General Administration
$
2
Constitutional Officers
13
Judicial Administration
860
Management Services
3
Public Safety
24
Community Services
11
Human Services
18,303
Non - Departmental
11
Transfers to School Operating Fund
64
Transfers to School Insurance - Dental
477
Transfers to (from) Capital Fund
(1
Transfers to Debt Service Fund
17
Transfer to Public Works Projects
183
Transfer to Comprehensive Services
2
Other
1
Total General Government
$
169
Communications and Information Technology
7
Comprehensive Services
6,127
Law Library
27
Public Works Projects
183
S B & T Building
444
Recreation Fee Class
5
Criminal Justice Academy
1,000
Police Special Programs
149
Fleet Service Center
2
Total General Fund
$
192
Debt Service Fund - County
8
Capital Projects Fund
3
Internal Service Fund
1
School Operating Fund
132
School Nutrition Fund
5
School Debt Fund
14,158,141
School Grants Fund
5
School Capital Fund
824
School Textbook Fund
947
School Bus Fund
325,000
School Laptop Insurance Reserve
358
Total Expenditures All Funds
365
Less: Transfers
$
(107,692
Total Net of Transfers
$
25871981826
County of Roanoke
FY2013 -2017 Capital Improvement Program
Summary of Funded Projects
Prior Year(s)
Department / Project Name Funding
2012 -2013 2013 -2014 2014 -2015 2015 -2016 2016 -2017
TOTAL
FY13 -17
Total Project
Library:
Glenvar Library $4,000,000
$2,000,000 (1)
$2,000,000
$6,000,000
Project To Be Identified:
Project To Be Identified
$10,000,000 (2)
$0
$0
Total Funded CIP Projects
FY2013 -2017 $4,000,0001
$2,000,000 $10,000,000 $0 $0 $0
1 $2, 000, 000
1 $6, 000, 000
TOTAL
2012 -2013 2013 -2014 2014 -2015 2015 -2016 2016 -2017 FY13 -17
Summary of Funding Sources
(1) Previously Appropriated Funds
(2) Future Bond Sale
$2,000,000 $0 $0 $0 $0 $2,000,000
$0 $10,000,000 $0 $0 $0 $10,000,000
Total FY13 -17 CIP Funding $2,000,000 $10,000,000 $0 $0 $0 $12,000,000
� OV11
ITEM NO. I -2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: June 12, 2012
AGENDA ITEM:
SUBMIT'rED BY:
APPROVED BY:
Second reading of ordinance appropriating funds for the 2012-
2013fiscal year budget and approval of the Classification Plan
for fiscal year 2012 -2013 for Roanoke County
W. Brent Robertson
Director of Management and Budget
B. Clayton Goodman
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The fiscal year (FY) 2012 -2013 budget was presented to the Board of Supervisors on April
24, 2012. A budget public hearing was held on May 22, 2012, to receive written and oral
comment from the public concerning the proposed budget and FY 2013 -2017 Capital
Improvements Program. Attached for your approval is the Budget Appropriation Ordinance
for FY 2012 -2013.
The total County budget is $365,891,090. This includes all inter -fund and intra -fund
transfers. The budget net of transfers is $258,198,828.
There are two changes to the second reading of the appropriation ordinance that were not
included in the first reading of the appropriation ordinance. First, the second reading
re lects the changes resulting from the Roanoke County School Board's adoption of a
revised FY 2012 -2013 budget that contained a $350,000 increase in the School Operating
Fund. The Board of Supervisors approved the amended School Board budget at its May
22 2012, meeting (Action# A- 052212 -1; E -1). Second, the Internal Services Fund has
been increased $175,000. This amount represents the - transfer from the General Fund to
the Risk Management find to bolster the funding and fund balance for the Workers
Compensation program. This transfer had already been accounted for in the General Fund
transfers in the original proposed budget; however, the amount was not included in the
appropriation figure for the Internal Services Fund at the first reading of the ordinance.
Page 1 of 2
STAFF RECOMMENDATION:
The format of the appropriation ordinance conforms to the reporting basis used at year -end
in the Comprehensive Annual Financial Report. This presentation allows the same level of
budget comparison as is required by Generally Accepted Accounting Principles for financial
reporting purposes. This format will also consistently apply the appropriation on a fund
basis for County Funds as has been used to appropriate School funds in the past.
Staff recommends approval of the second reading of the 2012 -2013 fiscal year budget
appropriation ordinance. Staff also recommends approval of the attached Classification
Plan for fiscal year 2012 -2013.
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, JUNE 12
ORDINANCE APPROPRIATING FUNDS FOR THE 2012 -13 FISCAL
YEAR BUDGET AND APPROVAL OF THE CLASSIFICATION PLAN
FOR FISCAL YEAR 2012 -2013 FOR ROANOKE COUNTY, VIRGINIA
WHEREAS, upon notice duly published in the newspaper, a public hearing was
held on May 22, 2012, concerning the adoption of the annual budget for Roanoke
County for fiscal year 2012 -2013; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, approved
said budget on June 12, 2012, pursuant to the provisions of Section 13.02 of the
Roanoke County Charter and Chapter 25 of Title 15.2 of the 1950 Code of Virginia, as
amended; and
WHEREAS, the first reading of this appropriation ordinance was held on May 22,
2012, and the second reading of this ordinance was held on June 12, 2012, pursuant to
the provisions of Section 18.04 of the Roanoke County Charter.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the following appropriations are hereby made from the respective funds
for the period beginning July 1, 2012, and ending June 30, 2013, for the functions and
purposes indicated:
County of Roanoke
Adopted FY 2012 -2013 Budget
June 12, 2012
Revenues:
General Fund:
General Government
Communications & Information Technology
Comprehensive Services
Law Library
Public Works Projects
SB &T- Social Services Building
Recreation Fee Class
Police Special Programs
Criminal Justic Academy
Fleet Service Center
Total General Fund
169
7,654,599
6,127,799
27,175
183,215
444
5,223,131
1,000
149,410
2,744,160
$ 192
Debt Service Fund - County $ 8
Capital Projects Fund $ 3,474,987
Internal Service Fund - Risk Management $ 1
School Funds:
Operating
$ 132
Nutrition
5
Debt
14,15 8,141
Grants
5,234
Capital
824
Textbook
947
Bus
325
Laptop Insurance Reserve
358
Total School Fund
$ 160
Total All Funds
$ 365,891
Expenditures:
General Government:
General Administration
Board of Supervisors
$ 296
County Administrator
294
Public Information
181
Asst. Co. Administrators
369
Human Resources
732
County Attorney
551,349
County of Roanoke
Adopted FY 2012 -2013 Budget
June 12, 2012
Economic Development
525
Total General Administration
$
2,950
Constitutional Officers
Treasurer
$
770
Commonwealth Attorney
1
Commissioner of the Revenue
798
Clerk of the Circuit Court
1
Sheriff s Office
9,701,196
Total Constitutional Officers
$
13
Judicial Administration
Circuit Court
$
237,972
General District Court
69
Magistrate
1,590
J & DR Court
21
Court Service Unit
530,144
Total Judicial Administration
$
860,732
Management Services
Real Estate Assessments
$
843
Finance
1
Public Transportation
50000
Management and Budget
286
Procurement Services
388
Total Management Services
$
3
Public Safety
Police
$
11
Fire and Rescue
13
Total Public Safety
$
24
Community Services
General Services
$
5
Community Development
4
Building Maintenance
1
Total Community Services
$
11,188,569
County of Roanoke
Adopted FY 2012 -2013 Budget
June 12, 2012
Human Services
Grounds Maintenance
$
2
Parks and Recreation
2
Public Health
413,010
Social Services
8
Contributions -Human Service, Cultural, Tourism, Dues
1,340,888
Library
3
VA Cooperative Extension
81,382
Elections
313
Total Human Services
$
18
Non - Departmental
Employee Benefits
$
2,620
Miscellaneous
1
Internal Service Charges
6,707
Total Non - Departmental
$
11
Transfers to Other Funds
Transfer to Debt - General & Schools
$
17,434
Transfer to (from) Capital
(1,631,181)
Transfer to Schools
64
Transfer to Schools - Dental Insurance
477
Transfer to Public Works Projects
183
Transfer to Internal Services
1
Transfer to Comprehensive Services
2
Total Transfers to Other Funds
$
8 3 , 7 8 9, 8 04
Unappropriated Balance
Board Contingency
$
100
Total General Government
$
169
Communications & Information Technology
$
7
Comprehensive Services
$
6
Law Library
$
27
Public Works Projects
$
183
SB &T- Social Services Building
$
4441580
County of Roanoke
Adopted FY 2012 -2013 Budget
June 12, 2012
Recreation Fee Class
Police Special Programs
Criminal Justice Academy
Fleet Service Center
Total General Fund
Debt Service Fund - County
Capital Projects Fund
Internal Services Fund - Risk Management
School Funds:
Operating
Nutrition
Debt
Grants
Capital
Textbook
Bus
Laptop Insurance Reserve
Total School Funds
Total All Funds
$
5
$
1,000
$
149,410
$
2
$
192
$ 8
$ 3
$ 1
$ 132
5,791,000
14,158,141
5,234,216
824,000
947,592
325,000
358,600
$ 160
$ 365,891,690
2. That the County Administrator may authorize or delegate the authorization of
the transfer of any unencumbered balance or portion thereof from one department to
another.
3. That all funded outstanding encumbrances, both operating and capital, at
June 30, 2012, are re- appropriated to the 2012 -2013 fiscal year to the same department
and account for which they are encumbered in the previous year.
4. That appropriations designated for capital projects will not lapse at the end of
the fiscal year but shall remain appropriated until the completion of the project or until
the Board of Supervisors, by appropriate action, changes or eliminates the
appropriation. Upon completion of a capital project, staff is authorized to close out the
project and transfer to the funding source any remaining balances. This section applies
to appropriations for Capital Projects at June 30, 2012, and appropriations in the 2012-
13 budget.
5. That all school fund appropriations remaining at the end of the 2011 -2012
fiscal year not lapse but shall be appropriated to the School Capital Fund in fiscal year
2012 -2013 as follows:
a.) Two - thirds of the year -end balance in the school operating fund will be
allocated to the Major School Capital Reserve;
b.) One -third of the year -end balance in the school operating fund will be
allocated to the Minor School Capital Reserve;
6. That all General Fund unexpended appropriations at the end of the 2011-
2012 fiscal year not lapse but shall be re- appropriated, as provided by Resolution
122104 -4, as follows:
a) Forty percent (40 %) of these unexpended appropriations shall be
transferred to the un- appropriated Minor County Capital Fund Reserve;
b.) Sixty percent (60 %) of these unexpended appropriations shall be re-
appropriated to the same department for expenditure in fiscal year
2012 -2013.
7. That all General Fund revenues collected in excess of appropriated revenues
shall be re- appropriated, as provided by Resolution 122104 -5, as follows:
a.) Revenues in excess of budget will first be allocated to the General
Fund Un- appropriated Balance, until the maximum amount for the
current year is met, as specified in the General Fund Un- appropriated
Balance Policy, as adopted by Resolution 122104 -2;
b.) The remainder of revenues in excess of budget will then be allocated
to the Major County Capital Fund Reserve
8. Rescue fees collected by the Fire and Rescue Department in excess of
budgeted amounts will be re- appropriated and allocated to the Fire and Rescue Capital
Reserve.
9. Account balances remaining in the Fee Class collected by the Parks and
Recreation Department will be allocated to accounts as defined by the Fee Class
Accounts Procedure.
10. That all VRS Plan 2 employees that were hired by Roanoke County prior to
May 10, 2011, will receive up to four (4) payments of a supplement to minimize the
financial impact on these employees of paying their member contribution for the Virginia
Retirement System. Each payment is based on 2.775% of their base salary. These
payments will be made in July 2011, January 2012, July 2012 and January 2013. The
employee must still be employed by Roanoke County at the time of the payment to
receive the supplement.
The intent of this supplement is to minimize the financial impact on these
employees of paying their member contribution for the Virginia Retirement System for a
two year period. These employees must now pay the five percent (5 %) employee
portion of the VRS contribution, but were hired by Roanoke County before this change
went into effect. Funds needed to pay the supplement for the two year period will be
set aside from the VRS savings resulting from the change to the Plan 2 funding
recognized in the 2011 -12 fiscal year.
11. This ordinance shall take effect July 1, 2012.
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ACTION NO.
ITEM NO. J.1 -6
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: June 12, 2012
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
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
1. Board of Zoning Appeals (appointed by District)
After serving 35 years, Carlton Wright has advised he does not wish to be re-
appointed. His term will expire June 30, 2012. Mr. Wright represents the Hollins
District.
Kevin Barnes, who represents the Cave Spring District, has advised he has accepted a
job out of State and can only serve until June 2012. His term expires June 30, 2014.
2. Capital Improvement Program (CIP) Review Committee (appointed by District)
The following one -year term expired on August 31, 2011:
a) James M. Chewning representing the Vinton Magisterial District
3. Economic Development Authority (EDA)(appointed by District)
Supervisor Michael W. Altizer has recommended the appointment of Tommy Woods to
represent the Vinton Magisterial District for a four -year term to expire September 30,
2016. Confirmation of this appointment has been placed on the Consent Agenda.
Page 1 of 2
4. Parks, Recreation and Tourism Advisory Commission (appointed by District)
The three -year term of Roger L. Falls who represents the Vinton District will expire on
June 30, 2012.
5. Roanoke County Planning Commission (appointed by District)
The four -year term of Martha Hooker who represents the Catawba District will expire
on June 30, 2012.
6. Total Action Against Poverty (TAP) Board of Directors (Designee of Richard C.
Flora)
The two -year term of Thomas A. Rotenberry, who is the designee of Richard Flora,
expired on May 5, 2012. Mr. Rotenberry has advised he does not wish to be
appointed to an additional term.
Page 2 of 2
K
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 12
RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET
FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE
DESIGNATED AS ITEM K- CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for June 12,
2012, designated as Item K - Consent Agenda be, and hereby is, approved and concurred
in as to each item separately set forth in said section designated Items 1 through 7
inclusive, as follows:
1. Approval of minutes — May 8, 2012
2. Resolution expressing the appreciation of the Board of Supervisors of Roanoke
County to Cindy Windel, Payroll Technician, upon her retirement after more
than twelve (12) years of service
3. Confirmation of appointments to the Court Community Correction Alcohol Safety
Action Program (ASAP) Policy Board; Economic Development Authority
(appointed by District); Roanoke Va I ley -Alleg h a ny Regional Commission;
Roanoke Valley Convention and Visitors Bureau Board of Directors; Virginia's
First Regional Industrial Facility Authority and the Western Virginia Water
Authority
4. Resolution expressing the appreciation of the Board of Supervisors of Roanoke
County to Thomas W. Kincaid, Police Officer /Criminal Investigator, upon his
retirement after more than twenty -five (25) years of service
5. Resolution requesting acceptance of Mendham Way into the Virginia
Department of Transportation Secondary System
5. Request to accept and appropriate $11,180.53 of additional Virginia
Recreational Trail Fund Program grant funds from the Virginia Department of
Conservation and Recreation for Walrond Park Trail Project, Hollins Magisterial
District
7. Request to accept and appropriate $1 ,234,744 from the Virginia Department of
Transportation (VDOT) for preliminary engineering for pedestrian and bicycle
improvements to Plantation Road and re- appropriate $500 from the Road
Improvements account for the local contribution
Page 2 of 2
ACTION NO.
ITEM NO. K -2 V
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
June 12, 2012
Resolution expressing the appreciation of the Board of
Supervisors of Roanoke County to Cindy Windel, Payroll
Technician, upon her retirement after more than twelve (12)
years of service
Deborah C. Jacks
Clerk to the Board
B. Clayton Goodman III
County Administrat
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Cindy Windel, Payroll Technician, retired on June 1, 2012, after more than twelve (12)
years of service.
STAFF RECOMMENDATION:
Staff recommends adoption of the attached resolution.
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, JUNE 12
RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF
SUPERVISORS OF ROANOKE COUNTY TO CINDY WINDEL, PAYROLL
TECHNICIAN, UPON HER RETIREMENT AFTER MORE THAN TWELVE
(12) YEARS OF SERVICE
WHEREAS, Cindy Windel was hired on February 7, 2000, and has worked as a part
time Accounts Clerk, Customer Service Representative, Payroll Clerk and Payroll
Technician during her tenure with Roanoke County; and
WHEREAS, Ms. Windel retired on June 1, 2012, after twelve (12) years and four (4)
months of devoted, faithful and expert service with the County; and
WHEREAS, during her time serving Roanoke County, Ms. Windel was responsible
for providing excellent customer payroll services to the Roanoke County Departments,
Western Virginia Regional Jail Authority, and the Roanoke County School system; and
WHEREAS, during recent years Ms. Windel was focused primarily on payroll
processing for Western Virginia Regional Jail employees; and
WHEREAS, Ms. Windel was instrumental in setting up appropriate deductions,
applying correct Virginia and Federal tax withholding rates, and applying proper work and
vacation schedules to ensure all Western Virginia Regional Jail employees were paid
accurately and on time every two weeks; and
WHEREAS, Ms.Windel was supportive of and worked closely with other payroll staff
to help process and ensure the accuracy of the bimonthly payroll for all Roanoke County
School System employees; and
WHEREAS, Ms. Windel has proved herself to be an exemplary employee with
excellent attendance record;
Page 1 of 2
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 CINDY WINDEL for twelve (12) years and four (4) 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.
Page 2 of 2
ACTION NO.
ITEM NO. K -3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DA'rE:
AGENDA ITEM:
SUBMIT'rED BY:
APPROVED BY:
June 12, 2012
Confirmation of appointments to the Court Community
Correction Alcohol Safety Action Program (ASAP) Policy
Board; Economic Development Authority (EDA); Roanoke
Valley- Alleghany Regional Commission; Roanoke Valley
Convention and Visitors Bureau Board of Directors; Social
Services Advisory Board; Virginia's First Regional Industrial
Facility Authority and the Western Virginia Water Authority
Deborah C. Jacks
Clerk to the Board
B. Clayton Goodman III
County Adrriinistrato`r�(
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
1. Court Community Correction Alcohol Safety Action Program (ASAP) Policy
Board
During the Closed Session of the Board of Supervisors on May 22, 2012, it was the
consensus of the Board to appoint-the Police Chief for a two -year term to expire on
June 30, 2014.
2. Economic Development Authority (EDA) (appointed by District)
Supervisor Michael W. Altizer has recommended the appointment of Tommy Woods to
represent the Vinton Magisterial District for a four -year term to expire on September
3O, 2016.
Page 1 of 2
3. Roanoke Valley- Alleghany Regional commission
During the Closed Session of the Board of Supervisors on May 22, 2012, it was the
consensus of the Board to appoint Lee Osborne to an additional three- yearterm. The
Clerk to the Board was asked to contact Mr. Osborne who has agreed to serve an
additional term to expire on June 30, 2015.
4. Roanoke Valley convention and Visitors Bureau Board of Directors
During the Closed Session of the Board of Supervisors on May 22, 2012, it was the
consensus of - the Board to reappoint B. Clayton Goodman III, County Administrator to
an additional three -year term, which will expire on June 30, 2015.
5. Virginia's First Regional Industrial Facility Authority
During the Closed Session of the Board of Supervisors on May 22, 2012, it was the
consensus of the Board to reappoint dill Loope, Acting Director of Economic
Development to an additional four -year term, which will expire on June 30, 2016.
6. Western Virginia Water Authority
During the Closed Session of the Board of Supervisors on May 22, 2012, it was the
consensus of the Board to reappoint H. Odell "Fuzzy" Minnix to an additional four -year
term, which will expire on June 30, 2016.
Page 2 of 2
ACTION NO.
ITEM NO. K -4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
June 12, 2012
Resolution expressing the appreciation of the Board of
Supervisors of Roanoke County to Thomas W. Kincaid, Police
Office r /C rim inal Investigator, capon his retirement after more
than twenty -five (25) years of service
Deborah C. Jacks
Clerk to the Board
B. Clayton Goodman �l �i
County Administrator��J �
COUNTY ADMINIS'TRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Thomas W. Kincaid, Police Office r /Criminal Investigator, retired on May 31, 2012, after
more than twenty -five (25) years of service.
STAFF RECOMMENDATION:
Staff recommends adoption of the attached resolution.
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, JUNE 12
RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF
SUPERVISORS OF ROANOKE COUNTY TO THOMAS W. KINCAID,
POLICE OFFICER /CRIMINAL INVESTIGATOR, UPON HIS RETIREMENT
AFTER MORE THAN TWENTY -FIVE (25) YEARS OF SERVICE
WHEREAS, Thomas W. Kincaid was employed by Roanoke County on July 26,
1986 as a Deputy Sheriff in the Sheriff's Office; and
WHEREAS, Detective Kincaid continued his law enforcement service by transferring
to the newly established Police Department in 1990 where he served as Police Officer,
Crime Prevention Officer, Police Officer II, Police Officer - Sergeant in the Uniform Patrol
Division, Criminal Investigation Unit, and the Vice Unit; and
WHEREAS, Detective Kincaid retired on May 31, 2012, from the Police Department
after twenty -five years and nine months of dutiful, faithful, and expert service with the
County; and
WHEREAS, during his time serving Roanoke County, Detective Kincaid performed a
crucial role in protecting the life and property of citizens by honorably serving as a Police
Officer; and
WHEREAS, Detective Kincaid, through his employment with Roanoke County, has
been instrumental in improving the quality of life for its citizens,
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 THOMAS W. KINCAID for more than twenty -five years of capable,
loyal, and dedicated service to Roanoke County; and
Page 1 of 2
FURTHER, the Board of Supervisors does express its best wishes for a happy and
productive retirement.
Page 2 of 2
ACTION NO.
ITEM NO. K -5
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DA'rE: June 12, 2012
AGENDA ITEM: Acceptance of Mendham Way into the Virginia Department of
Transportation Secondary System
SUBMITTED BY: Tarek Moneir
Deputy Director of Development Services
APPROVED BY: B. Clayton GoodmarLIII
County Administratorl
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Al M. Cooper Construction Co., Inc., the developer of Cardinal Meadows, located in the
Catawba Magisterial District, requests that the Board of Supervisors approve a resolution
to the Virginia Department of Transportation (VDOT) requesting that they accept 0.23 mile
of Mendham Way from the intersection of Mendham Way to the intersection of Mendham
Way and 0.04 mile of Mendham Way from the Intersection of Texas Hollow Rd. (Rt. 641)
to the intersection of Mendham Way.
The staff has inspected this road along with representatives of VDOT and finds the road is
acceptable.
FISCAL IMPACT:
No County funding is required.
STAFF RECOMMENDATION:
The staff recommends that the Board approve a resolution to VDOT requesting that they
accept Mendham Way into the Secondary Road System.
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, JUNE 12
RESOLUTION REQUESTING ACCEPTANCE OF MENDHAM WAY INTO
THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY
SYSTEM
WHEREAS, the streets described on the attached Addition Form AM -4.3, fully
incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the
Circuit Court of Roanoke County; and
WHEREAS, the representative for the Virginia Department of Transportation has
advised this Board that the street(s) meet the requirements established by the Virginia
Department of Transportation's Subdivision Street Requirements; and
WHEREAS, the County and the Virginia Department of Transportation have entered
into an agreement on March 9, 1999, for comprehensive stormwater detention which
applies to this request for addition.
NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia
Department of Transportation to add the street(s) described on the attached Additions
Form AM -4.3 to the secondary system of state highways, pursuant to §33.1 -229, Code of
Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of
this resolution and all outstanding fees and documents required of the developer,
whichever occurs last in time.
BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-
of -way, as described, and any necessary easements for cuts, fills and drainage; and
BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to
the Residency Administrator for the Virginia Department of Transportation.
Page 1of1
In - Count of Roanoke
---------------------------------------- -- --- - --------y - ----------------------------------------------------
By resolution of the governing body adopted June 12, 2012
The following VDOT Form AM -4.3 is hereby attached and incorporated as part of the governing body's resolution for
changes in the secondary system of state highways.
A Copy Testee Signed (County Official):
Report of Changes in the Secondary System of State Highways
Project /Subdivision Cardinal Meadows
Type Change to the Secondary System of State Highways: Addition
The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions
cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as
required, is hereby guaranteed:
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: §33.1 -229
Street Name and /or Route Number
♦ Mendham Way, State Route Number 1352
Old Route Number: 0
--------------------------------------------
• From: Int. of Mendham Way
To: Int. of Mendham Way, a distance of: 0.23 miles.
Recordation Reference: P.B. 30, PG. 202
Right of Way width (feet) = 40
Street Name and /or Route Number
♦ Mendham Way, State Route Number 1352
Old Route Number: 0
--------------------------------------------
• From: Int. of Route 641, Texas Hollow Road
To: Int. of Mendham Way, a distance of: 0.04 miles.
Recordation Reference: P.B. 30, PG. 202
Right of Way width (feet) = 40
VDOT Form AM -4.3 (4/20/2007) Maintenance Division
Date of Resolution: June 12, 2012 Page 1 of 1
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28
2
ROANOKE COUNTY ACCEPTANCE OF MENDHAM WAY INTO THE VIRGINIA
DEPARTMENT OF DEPARTMENT OF TRANSPORTATION SECONDARY
SYSTEM
COMMUNITY DEVLOPMENT
ACTION NO.
ITEM NO. K -6
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: June 12, 2012
AGENDA ITEM: Request to accept and appropriate $11,130.53 of additional
Virginia Recreational Trail Fund Program grant funds from the
Virginia Department of Conservation and Recreation for
Walrond Park Trail Project, Hollins Magisterial District
SUBMITTED BY:
APPROVED BY:
Doug Blount,
Director of Parks, Recreation and Tourism
B. Clayton Goodman
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
In 2007, the Virginia Department of Conservation and Recreation (DCR) awarded a
Virginia Recreational Trail Fund Program grant in the amount of $57,000 to the Department
of Parks, Recreation and Tourism to assist in the construction of a new trail system at
Walrond Park in the Hollins Magisterial District. The trail system was completed in
December 2011 at a cost of $68,180.53 to the Department. While departmental capital
maintenance funds had been transferred into the project account to cover increased
project costs, the Department also formally requested DCR to allocate additional grant
funds to the project in the amount of $11,180.53 to cover one hundred percent ( 100 %) of
project expenditures. In February 2012, the Department was notified by DCR that the
maximum grant award amount had been increased to $68,180.53, thus resulting in
Roanoke County receiving an amount equal to $11,180.53 above the original grant award
of $57,000.
FISCAL IMPACT:
There will be a positive fiscal impact to Roanoke County as the additional allocation of
DCR grant funds in the amount of $11,180.53 will cover one hundred percent (100 %) of
Page 1 of 2
project expenditures.
ALTERNATIVES:
Alternative #1: Accept and appropriate the additional $11,180.53 in Virginia Recreational
Trail Fund Program grant funds.
Alternative #2: Do not accept and appropriate the additional $11,180.53 in Virginia
Recreational Trail Fund Program grant funds.
STAFF RECOMMENDATION:
Staff recommends alternative #1.
Page 2 of 2
FMAT4WAMIR111103
ITEM NUMBER K -7
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
June 12, 2012
Request to accept and appropriate $1,234,744 from the
Virginia Department of Transportation (VDOT) for preliminary
engineering for pedestrian and bicycle improvements to
Plantation Road and re- appropriate $500 from the Road
Improvements account for the local contribution
Philip Thompson
Deputy Director of Planning
Brian Carter
Finance Manager
B. Clayton Goodman
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
- rhe Virginia Department of Transportation's (VDOT) Revenue Sharing Program annually
provides Roanoke County the opportunity to receive State matching funds for the
construction and improvement to primary and secondary roads in the State's highway
system. On July 27, 2010, the Board of Supervisors held a public hearing and passed a
resolution requesting approval and adoption of the revenue sharing projects and funds for
the fiscal year 2010 -2011.
On September 15, 2010, the Commonwealth Transportation Board approved a pro -rated
share of these funds for the Plantation Road project in Roanoke County. Partial funding
was approved for preliminary engineering for pedestrian and bicycle improvements to
Plantation Road. This project is being locally administered, rather than being administered
by VDOT.
Page 1 of 2
Can December 14, 2010, the Board of Supervisors adopted a resolution granting signatory
authority to execute project administration agreements for the approved projects to the
County Engineer who serves as the project manager.
Original funds of $55,308 were approved by the Board of Supervisors for the Plantation
Road project on April 10, 2012.
These projects have the necessary approvals to move forward and VDOT will reimburse
the County up to $1 ,234,744 in additional funding for the Plantation Road project.
FISCAL IMPACT:
A $500 local contribution will be required for the Plantation Road project. Funds are
available from the Road Improvements account in the capital fund. No additional local
match is required as VDOT will reimburse the County one hundred percent (100 %) of the
eligible costs from these additional funds.
STAFF RECOMMENDATION:
Staff recommends acceptance and appropriation of $1,234,744 from VDOT for preliminary
engineering for pedestrian and bicycle improvements to Plantation Road and re-
appropriate $500 From the Road Improvements account for the County's local contribution.
Page 2 of 2
GENERAL FUND UNAPPROPRIATED BALANCE
COUNTY OF ROANOKE, VIRGINIA
Audited balance at June 30, 2011
O -1
% of General
Amount Fund Revenue
$ 20 10.59% *
Addition of 2010 -11 operations 500
Balance at June 12, 2012 $ 20
10-67 **
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
2010 -11 General Fund Revenues $189,518,185
10.0 % of General Fund Revenues $18,951,819
11.0 % of General Fund Revenues $20,858,000
2011 -12 - Goal of 11% of General Fund Revenues
2011 -12 General Fund Revenues $192,720,943
11 % of General Fund Revenues $21,199,304
The Unappropriated Fund Balance of the County is currently maintained at 10.57 %.
The county's goal is to increase the balance over time to 11.0%
Submitted By Rebecca E. Owens
Director of Finance
Approved By B. Clayton Goodma
County Administrato r
O -2
COUNTY OF ROANOKE, VIRGINIA
CAPITAL RESERVES
Minor Countv Capital Reserve
(Projects not in the CIP, architecturaUengineering services, and other one -time expenditures.)
Audited balance at June 30, 2011
Addition of 201 0 -11 operations
August 23, 2011 Purchase of .454 acre of real estate adjacent to the Roanoke County
Administration Center from Franklin Real Estate Company
September 13, 2011 Appropriate funds for the repair of retaining wall at Vinton Library
April 3, 2012 Loan for the acquisition of fire vehicles for Fire and Rescue Dept.
Balance at June 12, 2012
Amount
$2,088,664-88
$1,222,209.00
(40,000.00)
(17,225.00)
(1
$1,666,625.88
Mawr County Capital Reserve
(Projects in the C /P, debt payments to expedite projects identified in C1P, and land purchase opportunities.)
Audited balance at June 30, 2011 $162,539.00
Addition of 2010 -11 operations $775,622.00
Balance at June 12, 2012
Submitted By Rebecca E. Owens
Director of Finance
Approved By B. Clayton Goodman III
County Administrator✓
$938,161.00
0-3
RESERVE FOR BOARD CONTINGENCY
COUNTY OF ROANOKE, VIRGINIA
Amount
From 201 1 -2012 Original Budget $1 00,000.00
May 24, 2011 Appropriation for Legislative Liaison (31,020.00)
December 13, 2011 Appropriation to remove the delapidated carport structure and install a new roof (10,000.00)
at 5915 Garner Road
January 24, 2012 Appropriation for assessment for Appalachian Power Company (APCo) negotiatioi (4,889.35)
April 10, 2012 Appropriation for professional services related to the search for new Police Chief (25,150.00)
May 8, 2012 Appropriation for Republican Primary Election (24,400.00)
Balance at June 12, 2012
Submitted By Rebecca E. Owens
Director of Finance
Approved By B. Clayton GoodmarLill
County Administrator '�)�
ACTION NO.
ITEM NO. Q -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:
June 12, 2012
Work session to discuss Stormwater Regulations and
approach to long -term Stormwater Management
Arnold Covey
Director of Community Development
Tarek Moneir
Deputy Director of Development Services
George Simpson
County Engineer
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
This work session is to provide an overview of the history and upcoming Stormwater
Regulations and the legal authority which has been mandated to Roanoke County
under the Clean Water Act.
Staff also plans to discuss a strategy to develop a long term solution to Roanoke
County's Stormwater Program, costs and possible options for funding.
Page 1 of 1
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ACTION NO.
ITEM NO. Q -2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: June 12, 2012
AGENDA ITEM: Work session to discuss towing information
SUBMITTED BY: B. Clayton Goodman III
County Administrator
APPROVED BY: B. Clayton Goodman
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
At the May 22, 2012, Board of Supervisors (BoS) meeting, Board member Elswick asked
that County staff provide a briefing on the County's process for handling towing requests at
a scene of an accident and/or day to day traffic stops. After the meeting, Bill Greeves,
CommlT Director, and Acting Police Chief Terrell Holbrook provided the attached
information regarding how the County provides towing services.
Also attached to this report is a copy of the Virginia Code Section which provides for the
County to establish a Towing Authority or Towing Board. The Authority /Board is authorized
by State Code to receive and address towing complaints. If the BoS would wish to explore
this option further, State Code mandates that before an ordinance is adopted pursuant to
enabling language, a towing advisory board must first be established and they given an
opportunity to provide comment on any proposed ordinance. The information regarding this
item is the last attachment to this report.
SUMMARY OF INFORMATION:
Mr. Greeves provided a copy of the Emergency Communications Center Standard
Operating Procedure for "Records of Removed Vehicles ". He also provided a copy of the
police officers radio communication request for a tow truck. A copy of this recording will be
played at the meeting.
Acting Police Chief Terrell Holbrook provided an explanation regarding the Department's
policy regarding the provision of wrecker service.
First, Chief Holbrook provided a copy of the current tow list that includes 28 active tow
companies to call out. To get on the list, a company has to complete a Letter of
Understanding for Emergency wrecker service. The company has to have a business
Page 1 of 3
license, insurance, and the company and drivers have to be licensed by the Virginia Board
of Towing and Recovery Operators, as well as follow their regulations. These regulations
are set out in Chapter 28, beginning with 48.2 -2800.
Once the company submits a letter of understanding and everything checks out, they are
added to the rotational list managed by CAD in the ECC. This application and selection
process is handled through the Police Department's Administrative /Special Operations
Lieutenant.
One of the requirements of the wreckers is to be able to respond to most common areas of
Roanoke County within 30 minutes. Exceptions are made for areas such as Catawba and
the top of Bent Mountain which normally takes longer to respond safely.
The companies provide a current list of charges for services. Most of these charges are
put on the list we give officers. Some companies have many items for which they assess
extra fees while others have a smaller number on ancillary charges. As with any business,
different companies will charge different fees. There are a number of reasons extra
charges appear, such as bad weather response, special inside storage request, mileage,
and extended cleanup. Cleanup previously consisted of picking up pieces of the car and
tossing them on the tow truck. Due to hazardous materials requirements, clean up takes
longer in some situations when there has been a fuel, oil, or other liquid spill.
The way the list works is controlled by computer. The first option is for the driver/owner of
the vehicle to ask for a tow company of their choice. If none is known, the officer is
supposed to show the list to the driver/owner at the scene and a selection can be made. If
the driver/owner does not make a choice, the officer requests "next wrecker on the list,"
which is maintained by CAD. If a wrecker is called and they cannot respond or turn the call
down, the company is moved to the bottom of the list. The request for next on the list does
not rely on any charges placed by tow companies. The list is rotated by name of company,
not the charges they have. Officers are not restricted to the "next on the list "or "Owner's
request" options if they can articulate reasons to go outside the standard processes.
- these occur on occasions when Officers are confronted with unusual or urgent matters
(e.g. stock trailer full of cattle running off of Windy Gap Mountain) and must call in
resources or time those resources in a manner to quickly and efficiently mitigate a scene.
Previously the issue of regulating towing as allowed in sections 46.2 -1232 and 46.2 -1233-
1233.2 was examined but it was decided that this was not a direction we, as a County,
wanted to go. These Code sections only apply to vehicles towed off private property and
not public roadways. We were unable to find any codes that allow regulation of towing
charges for anything other than private property. An effort was made some years back to
try and manage the towing fees but it was determined that the County could not control
private enterprise by establishing rules and prices when no statutory authority existed.
The attachment with the Letter of Understanding is changed when sent out to show the
expiration date as of Dec. 31 of the current year.
Page 2 of 3
Attached to this report please find:
"Roanoke County Emergency Communication Center Standard Operating Procedure for
Records of Removed Vehicles"
"Roanoke County Police Department Emergency Wrecker Call Service Letter of
Understanding"
"Roanoke County Police Department Emergency Wrecker Call Service Driver Application"
"Roanoke County Police Department Tow List 2011 dated May 25, 2012"
"Copy of State Code Regarding Section 46.2 -1217. Local
County staff will be present at the meeting at which time they can address questions from
the Board members.
Attachments
Page 3 of 3
This policy is for Department use only and shall not apply in any criminal or civil proceedings. The
Department policy should not be construed as a creation of a higher legal standard of safety or care in
an evidentiary sense with respect to third party claims. Violations of this directive will be the basis for
Department administrative sanctions. Violations of law will form the basis for civil and criminal
sanctions in a recognized judicial setting.
I. PURPOSE
To establish a system for the tracking of towed or impounded Vehicles from field units and the
tracking of private repossessions and tows.
II. PROCEDURE
A. Tow Procedures
1. Roanoke County Police Department maintains and updates a complete wrecker rotation.
Each wrecker service has been approved by the Chief of Police.
a. Owner's request for wreckers not on the rotation list are acceptable as long as the
wrecker can arrive within a reasonable time limit.
2. Town of Vinton will contaact the Emergency Communications Center when a wrecker is
needed. Town of Vinton only utilizes Woods towing when owner of vehicle has no
preferance on a tow complany.
a. Owner's request for wreckers is acceptable as long as the wrecker can arrive within a
reasonable time limit.
3. Roanoke County Police Officers will contact the Emergency Communications Center
when a wrecker is needed. The Communications Officer will follow the procedures
below.
4. Wreckers need to be able to respond within 30 minutes of the initial call from the
Communications Officer.
B. when an officer requests a "next on the list" tow company:
1. Go to the Service Vehicle Rotation screen and select the following:
a. NOL Wrecker (Service Vehicle Category)
b. Standard (Service Vehicle Type)
1 of 5 SOP 08 -02
Roanoke County Emergency Communications Center
Standard Operating Procedure
Policy Section
Number
CALEA Standards
POLICE
08 -02
6.3.4
Effective Date
Review Date
Revised Date
1114108
01/04112
01/04/12
Subject
Approved by :
RECORDS OF REMOVED
VEHICLES
William F. Hunter, Assistant Director
This policy is for Department use only and shall not apply in any criminal or civil proceedings. The
Department policy should not be construed as a creation of a higher legal standard of safety or care in
an evidentiary sense with respect to third party claims. Violations of this directive will be the basis for
Department administrative sanctions. Violations of law will form the basis for civil and criminal
sanctions in a recognized judicial setting.
I. PURPOSE
To establish a system for the tracking of towed or impounded Vehicles from field units and the
tracking of private repossessions and tows.
II. PROCEDURE
A. Tow Procedures
1. Roanoke County Police Department maintains and updates a complete wrecker rotation.
Each wrecker service has been approved by the Chief of Police.
a. Owner's request for wreckers not on the rotation list are acceptable as long as the
wrecker can arrive within a reasonable time limit.
2. Town of Vinton will contaact the Emergency Communications Center when a wrecker is
needed. Town of Vinton only utilizes Woods towing when owner of vehicle has no
preferance on a tow complany.
a. Owner's request for wreckers is acceptable as long as the wrecker can arrive within a
reasonable time limit.
3. Roanoke County Police Officers will contact the Emergency Communications Center
when a wrecker is needed. The Communications Officer will follow the procedures
below.
4. Wreckers need to be able to respond within 30 minutes of the initial call from the
Communications Officer.
B. when an officer requests a "next on the list" tow company:
1. Go to the Service Vehicle Rotation screen and select the following:
a. NOL Wrecker (Service Vehicle Category)
b. Standard (Service Vehicle Type)
1 of 5 SOP 08 -02
2. Click Search.
2 of 5
3. Select the top towin compan to call.
4. Advise the towin compan of what the officer asked and g ive the location.
S. Put the followin information into the Rotation Narrative:
a. Make
b. Model
c. Ta
d. Reason for Tow (Accident, Suspended OL, 30 Da Impound, Etc.
e. Reason for not acceptin the Tow. ( If applicable
6. Communications Officers will choose one of the actions for each t of response in the
SV Rotation:
a. Select: Bottom of the list.
b. Re Do Not Use.
c. Bus Bottom of the list.
d. No Answer: Bottom of the list.
e. Refused: Bottom of the list.
7. If towin compan is able to respond, click the Select button.
8. If towin compan cannot respond or if y ou don't g et an answer, g o to next towin
compan on the list.
C. When an officer re a specific towin compan to respond per "Owner's Re
1. Go to the Service Vehicle Rotation screen and select the followin
a. Owner's Re (Service Vehicle Cate
b. Standard (Service Vehicle T
2. Click Search.
3. Select the specific towin compan per "Owner's Re If the towin compan is not
listed use the towin compan listed as "Other". (Inform the CAD Administrator to add
the towin compan name and contact information.)
4. Advise towin compan of what the officer asked and g ive the location.
5. Put the followin information into the Rotation Narrative:
a. Make
b. Model
c. Ta
d. Reason for Tow (Accident, Suspended OL, 30 Da Impound, Etc.)
e. Reason for not acceptin the Tow. ( If applicable
f. Towin compan name and contact infon-nation if selected "Other"
6. If towin compan is able to respond, click the Select button.
SOP 08-02
t,
7. If towin compan is unable to respond, inform the officer.
D. If officer re a towin compan to respond to pick up a police department vehicle
durin business hours, call the g ara g e before y ou call a wrecker compan If after business
hours, do the followin
1. Get from the re officer the location of the vehicle and the location to where the
vehicle needs to be towed.
2. Go to the Service Vehicle Rotation screen and select the followin
a. Police Vehicles (Service Vehicle Cate
b. Standard ( Service Vehicle T
3. Click Search.
4. Select the top towin compan
5. Advise the towin compan of what the officer asked and g ive the location vehicle is at
and the location the vehicle is to be towed to.
6. Put the followin information into the Rotation Narrative.-
a. Make
b. Model
c. Ta
d. Reason for Tow (.Accident, Etc.
e. Reason for not acceptin the Tow. (If applicable)
7. Communications Officers will choose one of the actions for each t of response in the
SV Rotation:
a. Select
b. Bus
c. No Answer
d. Refused
8. If towin compan is able to respond, click the Select button.
9. If towin compan cannot respond or if y ou don't g et an answer, g o to the next towin
compan on the list.
E. Officer re "next on the list"" wrecker to respond for tractor trailer, etc.
1. Go to the Service Vehicle Rotation screen and select the followin
a. Tractor Trailer ( Service Vehicle Cate
b. Tractor Trailer (Service Vehicle T
2. Click Search.
3. Select the top tow compan to call.
4. Advise the tow compan of what the officer asked and g ive the location.
3 of 5 SOP 08-02
S. Put the followin information into the Rotation Narrative:
a. Make
b. Model
c. Ta
d. Reason for Tow (Accident, Suspended Off,, 30 Da Impound, Etc.
e. Reason for not acceptin the Tow. (If applicable)
6. Communications Officers will choose one of the actions for each t of response in the
SV Rotation:
a. Select: Bottom of the list
b. Re Do Not Use.
c. Bus Bottom of the list.
d. No Answer: Bottom of the list.
e. Refused: Bottom of the list.
7. If towin compan is able to respond, click the Select button.
8. If towin compan cannot respond or if y ou don't g et an answer, g o to next towin
compan on the list.
F. If officer re a towin compan b name to respond to pick up a tractor trailer/bi
vehicles, the followin procedure needs to be followed:
1. Go to the Service Vehicle Rotation screen and select the followin
a. Tractor Trailer (Service Vehicle Cate
b. Tractor Trailer (Service Vehicle T
2. Click Search.
3. Select the top towin compan to call.
4. Advise towin compan of what the officer asked and g ive the location.
5. Put the followin information into the Rotation Narrative:
a. Make
b. Model
c. Ta
d. Reason for Tow (Accident, Etc.)
e. Reason for not acceptin the Tow. (If applicable)
6. If towin compan is able to respond, click the Select button.
7. If towin compan is unable to respond, inform the officer.
G. Communications Officers will document, usin CAD, in the Call for Service narrative to
maintain records of all vehicles removed, stored, or towed at the direction of the Officer.
1. Document which wrecker is respondin in the CFS narrative and advise the Officer.
a. The CFS should have the followin information documented:
4 of 5 SOP 08-02
(1) Officer's unit number,
(2 Date and time of tow re
(3) Location the vehicle was removed from,
(4) Which wrecker service responded to call,
( 5 ) If the owner was notified b the police officer,
(6) Reason for tow,
(7) An char pendin for the re owner.
b. In the Disposition of the Call, the "tow" disposition must be checked.
c. If a wrecker compan has to be cancelled, place the wrecker compan back on top of
the rotation list.
d. An stored vehicles must be entered intoVCfN/NCIC.
H. Repossessions and Tows from Private Lots
1. Wrecker Companies that repossess or tow from private lots are re to call the
Emer Con-imuni cations Center. The Conu-nunications Officer will record the
followin information in the "Repo Lo which is located on the desktop at each
console:
a. Date,
b. Offense ( repo,tow, or abandoned),
c. Time,
d. Com-munications Officer lo info,
e. Towed from,
f Vehicle description,,
g . Owner's address,
h. Towed for Whom, and
i. Phone number.
End of Standard Operatin Procedure 08-02
5 of 5 SOP 08-02
Roanoke Count Police Department
Emer Wrecker Call Service
Letter of Understandin
Annual Application Expires December 31, 2010
Please print or tt pe
Business Name:
Business Address cit State ZIP
Business Da Telephone # Ni Telephone # Pa
Jurisdiction of Business License
Address of Stora Lot cit State ZIP
Is Lot Zoned for that Jurisdiction? Permit #, if applicable Is Lot Fenced Is Lot Li
Yes J No ❑ Yes ❑ No ❑ Yes ❑ No ❑
Stora Lot Insurance Compan Polic Number A Name
A Address Cit State, Zip A Telephone Number
Is Stora Lot Shared B Another Compan No ❑ Yes J, If y es, please g ive details on reveres side of application
Do y ou have Car Insurance? Yes ❑ No ❑
Insurance Compan Polic Number A Name
A Address Cit State, Zip A Telephone Number
Limits of Liabilit Car Stora Lot
Do You have Inside Stora No ❑ Yes ❑ If y es, Approximate vehicle capacit
In case of medicine emer can the vehicle or the vehicle contents be released durin a 24-hour period, 7 da a week,
without causin an additional hardship to the vehicle owner? Yes ❑ No ❑
1 - Each driver shall submit to the Roanoke Count Police Department a driver application prior to his/her receivin calls from
the Roanoke Coun Police Department-
2- Each operator shall perform his/her duties under 18.2-324, Code of Vir (see attached). NO EXCEPTIONS
3. An new vehicle added to the fleet must be inspected b the Roanoke Count Police Department. Contact the
Administrative Lieutenant at (540) 777-8650
4- Each vehicle shall meet the followin re
❑ Compl with all Vir BTRO re
❑ Vir State Inspection (approval onl
❑ Vir Operatin Authorit permit
❑ 46-2-1076, Code of Vir
❑ Current BTRO Tow Truck Decal
❑ Roanoke Count Police Department inspection decal to be placed on the lower left rear window
RCPD-U27a (11/2008)
Annual Application Expires December 31, 2010
Please print or t
Business Name:
5. Propert which is not attached to the vehicle shall not be withheld for pa of services and shall be released to the
re owner e xce pt for imp unded vehicles).
6- If the tow service responds to the scene. The tow service must tow the vehicle(s), if y ou cannot respond, y ou ma
not substitute another tow compan
7. Please attach a schedule of fees for y our towin and towin related services. Failure to submit is basis for
exclusion.
8. If a tow compan is removed from the Department's tow list b the Department, the compan will be notified in writin b
First Class mail to the address listed on the Letter of Understandin Please see below for causes or acts that ma
warrant removal from parficipation in the rotation tow list.
9. A towed vehicle should be available duri normal business hours.
10. Has y our compan or an officer of y our compan been convicted of a felon No ❑ Yes U
If y es, please list the char and locations on the reverse side.
11. A cop of the Certificate of Insurance for each vehicle must be received prior to bein the active callout list.
12. Circle the class of op A M Expires:
e rators license and number. Class: B
13. Listed companies should be able to respond to the ma of Roanoke Count within 30 minutes. If called and y ou
cannot respond within 30 minutes, do not accept the re
I certif all the information completed above and attached is true to the best of m knowled
Print Name Authorized Si
B si this a the tow compan a to compl with all conditions and g uidelines contained in this
a and understand that the Police Department is not dictatin an fees. The Police Department is not
re an tow compan to participate in the rotational Gall list. Not participatin will not exclude y ou from bein
Galled upon to tow vehicles at the owners re An interpretations of this a will be made b the Police
Department. Failure to compl with this a ma result in the tow compan removal from the tow list.
Causes, acts., or omission that sub a Tow Compan to exclusion from the Voluntar Rotatin Tow Operator List:
1 . Violatin an part of this a
2. Failin to update address.
3. Failin to provide proof of continued insurance covera
4. Not meetin an local ordinance, administrative rule, or law re to conduct business or operate a "for
hire" vehicle.
5. Business practices that are not in the best interest of the relationship between the public and the Police
Department.
6. Failure to provide an itemized towin and recover bill to the owner of the vehicle or their a
7. Fail to compl with Vir BTRO rules and re
8. All drivers must carr BTRO certification
An Chan of Address or Phone Number for the Stora Lot or Business location must be submitted in
writin to the Roanoke Count Police Department (§ 5925 Cove Rd, Roanoke, VA 24019. Contact the
Administrative Lieutenant (§ (540) 777-8650.
RCPD-U27b (11/2008)
Roanoke Count Police Department
Emer Wrecker Call Service
Driver Application
Please t or print
Last Name
First Name Middle Name ( no initials
Race Sex
Date of Birth Social Securit #
Ph Home Address
cit State Zip
Mailin Address (if different than above
Home Phone Number
Pa Number ( if applicable
Vir Operators License #
Vir Tow Driver's Authorization # Expires
1. Do y ou hold a valid license in another State? If y es, State of License License #
No ❑ Yes ❑
2. Has y our license to drive ever been suspended or revoked in Vir or an other State
N o ❑ Yes ❑
If y es, what State
3. Name of business emplo b
If the answer to Questions 2 is " es"'. g ive details on the reverse side of application
IP
,certif that the above information g iven is true and correct to the best of
m knowled and belief. Permission is hereb g ranted to the Roanoke Count Police Department to complete an investi
on the above information.
Si of Applicant:
Date:
Count or Cit of
Commonwealth of Vir
This da
personall appeared before me and acknowled his/her si to
the above statement.
Notar Public:
M commission expires:
Investi Completed b
Recommendation Date
Application Reviewed b
Recommendation Date
RCPD-U27b (11/2008)
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1) Sec. 46.2 -1217 for police requested towing.
46.2 -1217. Local governing body may regulate certain towing.
The governing body of any county, city, or town by ordinance may regulate services rendered pursuant
to police towing requests by any business engaged in the towing or storage of unattended, abandoned,
or immobile vehicles. The ordinance may include delineation of service areas for towing services, the
limitation of the number of persons engaged in towing services in any area, including the creation of one
or more exclusive service areas, and the specification of equipment to be used for providing towing
service. The governing body of any county, city, or town may contract for services rendered pursuant to
a police towing request with one or more businesses engaged in the towing or storage of unattended,
abandoned or immobile vehicles. The contract may specify the fees or charges to be paid by the owner
or operator of a towed vehicle to the person undertaking Its towing or storage and may prescribe the
geographical area to be served by each person providing towing services. The county, city, or town may
establish criteria for eligibility of persons to enter into towing services contracts and, in its discretion, may
itself provide exclusive towing and storage service for police- requested towing of unattended,
abandoned, or immobile vehicles. Such criteria shall, for drivers of tow trucks and towing and reco very
operators, be no less restrictive than those established pursuant to chapter 28 (§ 46.2 -2800 et seq.) of
this title and regulations adopted pursuant thereto.
Prior to adopting an ordinance or entering into a contract pursuant to this section, the local governing
body shall appoint an advisory board to ad vise the go verning body with regard to the appropriate
provisions of the ordinance or terms of the contract. The advisory board shall include representatives of
local law - enforcement agencies, towing and recovery operators, and the general public.
"Police- requested towing" or 'police towing request, "'F as used in this section, includes all requests
made by a law- enforcement officer of the county, city, or town or by a State Police officer within the
county, city, or town pursuant to this article or Article 2 (§ 46.2 -1209 et seq.) of this chapter and towing
requests made by a law - enforcement officer at the request of the owner or operator of an unattended,
abandoned, or immobile vehicle, when no specific service provider is requested by such owner or
operator.
If an unattended, abandoned or immobile vehicle is located so as to impede the free flow of traffic on a
highway declared by resolution of the commonwealth Transportation Board to be a portion of the
interstate highway system and a law - enforcement officer determines, in his discretion, that the business
or businesses authorized to undertake the towing or storage of the vehicle pursuant to an ordinance or
contract adopted pursuant to this section cannot respond in a timely manner, the law - enforcement officer
may request towing or storage service from a towing or storage business other than those authorized by
such ordinance or contract.
If an unattended, abandoned, or immobile vehicle is towed as the result of a police- towing request, the
owner or person having control of the business or property to which the vehicle is towed shall allow the
owner of the vehicle or any other towing and recovery business, upon presentation of a written request
therefor from the owner of the vehicle, to have access to the vehicle for the purpose of inspecting or
towing the vehicle to another location for the purpose of repair, storage, or disposal. For the purpose of
this section, "owner of the vehicle" means a person who (i) has vested ownership, dominion, or title to
the vehicle; (ii) is the authorized agent of the owner as defined in clause (/); or (iii) is an employee,
agent, or representative of an insurance company representing any party involved in a collision that
resulted in a police- requested tow who represents in writing that the insurance company has obtained
the oral or written consent of the title owner or his agent or the lessee of the vehicle to obtain possession
of the vehicle. It shall be unlawful for any towing and recovery business to refuse to release a vehicle to
the owner as defined in this section upon tender of full payment for all lawful charges by cash, insura
company check, certified check
money order, at least one of two commonly used, nationally recognized
credit cards, or additional methods of payment approved by the Board. Thereafter, if a towing and
recovery business refuses to release the vehicle, future charges related to storage or handling of the
vehicle by such towing and reca very business shall be suspended and no longer payable.
The vehicle owner who has vested ownership, dominion, or title to the vehicle shall indemnify and hold
hannless the towing and recovery operator from any and all liability for releasing the vehicle to any
vehicle owner as defined in this section for inspecting or towing the vehicle to another location for the
purpose of repair, storage, or disposal.
2) Sec. 46.2- 1233.1 and .2 limitations on charges for towing from private property.
§ 46.2- 1233.1. Limitation on charges for towing and storage of certain vehicles.
A. Unless different limits are established by ordinance of the local governing Body pursuant to § 46.2 -
1_33 as to vehicles towed or removed from private property no charges imposed for the towing,
storage, and safekeeping of any passenger car removed, towed, or stored without the consent of its
owner shall be in excess of the maximum charges provided for in this section. No hookup and initial
towing fee shall exceed $125. For towing a vehicle between seven o'clock p.m. and eight o'clock a.m. or
on any Saturday, Sunday, or holiday, an additional fee of no more than $25 per instance may be
charged; however, in no event shall more than two such fees be charged for towing any such vehicle. No
charge shall be made for storage and safekeeping for a period of twenty -four hours or less. Except for
fees or charges imposed by this section or a local ordinance adopted pursuant to § 46.2 -1233 no other
fees or charges shall be imposed during the fast twenty - four -hour period.
B. The governing body of any county, city, or town may by ordinance, with the advice of an advisory
board established pursuant to § 46.2- 1233.2 (i) provide that no towing and recovery business having
custody of a vehicle towed without the consent of its owner impose storage charges for that vehicle for
any period during which the owner of the vehicle was prevented from recovering the vehicle because the
towing and recovery business was closed and (ii) place limits on the amount of fees charged by towing
and recovery operators. Any such ordinance limiting fees shall also provide for periodic review of and
timely adjustment of such limitations.
§ 46.2 - 1233.2. Advisory board.
Prior to adopting or amending any ordinance pursuant to § 46.2 -1232 or § 46.2 -11 the local go verning
Body shall appoint an advisory board to advise the governing Body with regard to the appropriate
provisions of the ordinance. Voting members of the advisory board shall consist of an equal number of
representatives of local law - enforcement agencies and representatives of licensed towing and recovery
operators, and one member of the general public. Any such advisory board shall meet at least once per
year at the call of the chairman of the advisory board, who shall be elected annually from among the
voting members of the advisory Board by a majority vote.
3) Finally, there is a federal law that relates to this issue. Federal authority over intrastate transportation
is set out in 49 U.S.C. §_14501. which provides in pertinent part:
(c) Motor carriers of property. --
(1) General rule. -- Except as provided in paragraphs (2) and (3), a State, political subdivision of a State,
or political authority of 2 or more States may not enact or enforce a law, regulation, or other provision
having the force and effect of law related to a price, route, or service of any motor carrier (other than a
carrier affiliated with a direct air carrier covered by section 41713(b)(4)) or any motor private carrier,
broker, or freight forwarder with respect to the transportation of property.
(2) Matters not covered. -- Paragraph (1) --
(A) shall not restrict the safety regulatory authority of a State with respect to motor vehicles, the
authority of a State to impose highway route controls or limitations based on the size or weight of the
motor vehicle or the hazardous nature of the cargo, or the authority of a State to regulate motor [ *9]
carriers with regard to minimum amounts of financial responsibility relating to insurance requirements
and self- insurance authorization;
(C) does not apply to the authority of a State or a political subdivision of a State to enact or enforce a
law, regulation, or other provision relating to the price of for -hire motor vehicle transportation by a tow
truck, if such transportation is performed without the prior consent or authorization of the owner or
operator of the motor vehicle.
[(3)(C)](5) Limitation on statutory construction. -- Nothing in this section shall be construed to
prevent a State from requiring that, in the case of a motor vehicle to be towed from private properly
without the consent of the owner or operator of the vehicle, the person towing the vehicle have prior
written authorization from the properly owner or lessee (or an employee or agent thereof or that such
owner or lessee (or an employee or agent thereof be present at the time the vehicle is towed from the
properly, or both.
ACTION NO.
ITEM NO. 0--3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: June 12, 2012
AGENDA ITEM: Work session to discuss authorization to proceed with sale of
certain properties identified by Roanoke County as surplus
properties.
SUBMITTED BY:
APPROVED BY:
Arnold Covey
Director of Community Development
B. Clayton Goodman I �
County Administrator �y l�'
COUNTY ADMINISTRATOR'S COMMENTS:
Board member Ed Elswick also asked that included in this conversation is whether or not to
sell the residential house at the Back Creek Public Safety Building. Until recently, the
house was rented, but that has proven to be a safety issue with the constant flow of public
safety vehicles in and out of the lot. The structure itself has become run down, and is not
useful to the County in its present condition. Staff has recommended that it be
demolished.
Mr. Elswick wishes to discuss the option of selling the property to an adjacent business for
storage.
A map of the Back Creek Public Safety property is attached. It is my recommendation to
demolish the structure and not sell the property Any use of the structure and surrounding
driveway could impose a conflict with the fire station. Currently volunteers and paid staff
drive non emergency and emergency vehicles from the station and any future use of the
structure could impact this ingress and egress. Secondly, it is entirely possible that the
County may wish to expand the station at some point, which would require movement of
the parking lot into the area currently occupied by the house. In the past, we have
generally regretted selling property adjacent to county facilities, such as the old County
Courthouse in Salem.
SUMMARY OF INFORMATION:
County staff presented to the Board of Supervisory at the February 14, 2012, Work session
an over review of County's surplus properties. Staff presented to - the Board of Supervisors
approximately fifty -five (55) properties. Of the fifty -five (55) properties reviewed, the Board
Page 1 of 2
selected ten (10) properties that they felt were marketable and warranted further
investigation.
The properties identified for possible sale as surplus real estate are identified as follows:
1) 7 residential lots in Westward Lake Estates lots 59,60,61,62,63,64 and 65;
2) 2 residential lots in Section 6, Mount Vernon Heights lots 4A and 413; and
3) 6.28 acre parcel off of Grand in Road Extension identified as Tax Parcel 067.18 -01-
14 -00 -0000.
Attached is a complete description of each parcel.
Staff is requesting from the Board of Supervisors conformation to move forward with the
identified properties and the method which these properties are to be sold.
The options are:
1. Listing the properties for sale by a Realtor. The selection of the realtor(s) would be
accomplished through compliance with the Procurement Code. It would also
involve negotiations to determine the commission. The Board should give guidance
to the realtor for an acceptable price range.
2. Hire an auctioneer to auction these properties. Procurement Code and
commissions as above in item #1. Would the auction be an "absolute" auction?
3. The County could conduct the sales. The Board would decide the scope and extent
of publicity advertising these sales, including legal Ad in the newspaper, posting
signs on the property, notices to adjoining property owners, etc. The Board would
open the sealed bids at public meeting, and decide to acceptor reject the highest
bid at that time.
Once Board has confirmed the properties and method of sale, staff will bring back this
issue to the Board at their next Board meeting from final approval.
Page 2 of 2
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 12
RESOLUTION CERTIFYING THE CLOSED MEETING WAS HELD IN
CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a
closed meeting on this date pursuant to an affirmative recorded vote and in accordance
with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.2 -3712 of the Code of Virginia requires a certification by the
Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke
County, Virginia, hereby certifies that, to the best of each member's knowledge:
1. Only public business matters lawfully exempted from open meeting requirements
by Virginia law were discussed in the closed meeting which this certification resolution
applies; and
2. Only such public business matters as were identified in the motion convening the
closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
Page 1 of 1