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HomeMy WebLinkAbout5/22/2012 - Adopted Board RecordsACTION NO. A- 052212 -1 ITEM NO. E -1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 22, 2012 AGENDA ITEM: Request to adopt an amended Roanoke County School Budget for the fiscal year 2012 -2013 SUBMITTED BY: Diane D. Hyatt Assistant County Administrator APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: At the May 8, 2012, Roanoke County Board of Supervisors meeting, the Board adopted the School Board budget for the 2012 -2013 fiscal year, as it was approved by the School Board at their meeting on April 26, 2012. Subsequently, the School Board has amended this budget. At their meeting on May 16, 2012, the School Board adopted an amended School Budget for the 2012 -2013 fiscal year. An amendment was made to include an additional transfer of $350,000 from the health insurance reserve to provide a full 8.75% increase to the employees hired after July 1, 2010. This change was made to simplify the teachers' pay scale, so that there is only one pay scale instead of two pay scales. The amended School Budget is attached for the Board's approval. Dr. Lorraine Lange (Superintendent of Schools) and Dr. Carol Whitaker (Assistant Superintendent of Personnel) will attend the meeting to answer any questions that the Board may have. STAFF RECOMMENDATION: Staff recommends approving and adopting the attached amended school board budget for the 2012 -2013 fiscal year. Page 1 of 2 VOTE: Supervisor Flora moved to approve the staff recommendation. Motion approved. cc: Diane D. Hyatt, Assistant County Administrator Rebecca Owens, Director of Finance Dr. Lorraine Lange, Superintendent of Schools Penny Hodge, Assistant Superintendent of Finance, Roanoke County Schools Page 2 of 2 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Church � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Flora � ❑ ❑ cc: Diane D. Hyatt, Assistant County Administrator Rebecca Owens, Director of Finance Dr. Lorraine Lange, Superintendent of Schools Penny Hodge, Assistant Superintendent of Finance, Roanoke County Schools Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER LOCATED AT 5204 BERNARD DRIVE, ROANOKE, VIRGINIA, ON TUESDAY, MAY 22 2012 ORDINANCE 052212 -2 AMENDING CHAPTER 19. - SOLICITORS AND SOLICITATIONS, ARTICLE II. — PERMIT FOR CHARITABLE SOLICITATIONS, SECTION 19 -28. — PERMIT FOR STREET SOLICITATION OF THE ROANOKE COUNTY CODE WHEREAS, Section 19 -4 prohibits soliciting from any operator or passenger of a motor vehicle that is in traffic on a public road without a permit for charitable solicitation from the county as outlined in Article II. Sections 19 -21 to 19 -28 of the County Code; and WHEREAS, Section 19 -28. — Permit for street solicitation sets out the steps to allow a charitable organization to solicit from a vehicle on a public road, one of which is submitting to the county a copy of a permit issued by the Virginia Department of Transportation (VDOT) for use or occupancy of the public right -of -way at intersections at which solicitations will be conducted during the term of the county's permit; and WHEREAS, it has come to the attention of the county that VDOT does not issue such a permit; requiring an amendment to the Section 19 -28 of the County Code; and WHEREAS, to assure compliance with the provisions of this ordinance and all permit conditions, it is necessary that the applicant or other responsible official for the charitable organization be present at the solicitation location at all times when solicitations are occurring; and WHEREAS, the first reading of this ordinance was held on May 8, 2012, and the second reading was held on May 22, 2012. Page 1 of 5 NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Chapter 19. — Solicitors and Solicitations, Article II. — Permit for charitable solicitations, Section 19 -28. — Permit for street solicitation of the Roanoke County Code be amended to read and provide as follows: Sec. 19 -28. - Permit for street solicitation. The prohibition on soliciting from a vehicle on a public road set forth in section 19 -4(b), above, does not apply to a charitable organization, and its authorized solicitors, which has applied for and been issued a permit under this section and which is in compliance with all other provisions of this chapter. In order to solicit contributions while standing in a public road, a charitable organization must comply with the following requirements: (1) Not less than thirty (30) days prior to the date desired for beginning solicitation, the charitable organization shall submit a complete application to the Clerk of the Board of Supervisors for a charitable solicitation permit. In addition to the information required by section 19 -22, the form shall require the charitable organization to provide its full name, the name, address and phone number of a local point of contact for the organization, the desired date(s), time(s) and specific location(s) for soliciting which shall be limited to not more than six (6) intersections with a traffic control signal light, the name, mailing address and phone number of each individual who will be engaged in solicitation activities on behalf of such charitable organization. Further the charitable organization shall provide an agreement or document whereby such organization shall indemnify the county, its officers, employees and agents, and hold the county, its officers, employees and agents, harmless from any and all claims, suits, demands, damages and attorney fees arising out of or related to the acts or omissions of individuals or entities soliciting for such organization. The charitable organization shall have an ongoing obligation to update or correct any information submitted in its application for a solicitation permit so as to maintain all information in the county's possession as accurate. The county may require such additional or supplemental information as may be reasonably necessary to facilitate the direct enforcement of this section and the purposes of this chapter. (2) When submitting a completed application to the county, the charitable organization shall also submit the following: Page 2of5 a. Written proof of general commercial liability and property damage insurance coverage issued by a company authorized to conduct business in the commonwealth in the amount of not less than $1,000,000.00 per occurrence that insures the organization and all individuals and entities who may be soliciting on its behalf. The proof of insurance shall include the board of supervisors of the county, as an additional insured and must specify that the insurance is primary over any insurance which the county may carry or any provisions for self- insurance by the county. b. An application permit fee in the amount of $10.00 shall be payable at the time the application is submitted. This fee shall be used to defray the county's cost of processing the application and for insuring compliance with the conditions of any permit issued through monitoring of the public roads. An applicant will be notified in writing of the approval or denial of their request within fifteen (15) days after the county's receipt of a completed application. Within the county's discretion, a portion of this fee may be refunded in the event a permit is denied. C. Written proof that the applicant organization is a charitable organization, which has obtained qualification from the Internal Revenue Service as a section 501 c(3) entity under the Internal Revenue Code. d. A safety plan which shall describe the measures which the organization will implement during any solicitation period to insure the safety of those participating in its solicitation activities and of drivers and occupants of motor vehicles at intersections where solicitations are permitted. e. A roster listing all of the individuals who will be conducting solicitations. This roster shall include the name, address and physical description of each solicitor. (3) Additional solicitation activity restrictions shall include the following: a. No more than one (1) permit may be issued to an organization during each calendar year. Permits shall be valid for a period of ninety (90) days from the date of their issuance; b. Solicitation upon a public road in the county pursuant to a permit shall be authorized for no more than four (4) consecutive calendar days, and shall be limited to the period from 9:00 a.m. until one -half (' /2) hour prior to sunset, at the approved location(s) specified in the application and permit; C. Each individual solicitor shall have in his or her possession some form of official identification with a photograph, such as a driver's license and shall wear a high - visibility, reflective safety vest over their clothing at all times; Page 3of5 d. A copy of the organization's solicitation permit shall be maintained at each approved solicitation location; e. All solicitors must be at least eighteen (18) years of age or older; , f. No solicitor may impede traffic at any time; touching a vehicle or reaching inside a vehicle without the consent of the occupants of the vehicle shall be considered as impeding traffic; and, g. The applicant for the permit or the local point of contact shall be present at the location of the solicitation during the all of the dates and times that solicitations are occurring. If multiple locations are permitted, then there shall be an identified local point of contact for each location. (4) Additional conditions for consideration of and issuance of permits: a. In additional to the provisions of section 19 -24, an application for a solicitation permit under this section may be denied or revoked, in whole or in part, for the following reasons: 1. A solicitation permit has been issued to a charitable organization, and is currently in force, for one or more of the intersections at which the applicant seeks permission to solicit; 2. In the opinion of the chief of police or his designee, approval of the solicitation permit at one or more of the requested intersections is determined to create a reasonable potential for injury to solicitors, other pedestrians or vehicle occupants or an unreasonable potential for disruption to normal traffic flow; 3. The applicant has made a false or materially misleading statement on the application form or in any response to information requested on behalf of the county; and 4. A material violation of the solicitation permit granted under this section or any action by the organization or any individual solicitor acting in its behalf which creates a clear and immediate danger to public safety. b. Issuance of any permit under this section shall not represent an endorsement by the county of any charitable organization that the permittee may represent nor any indication of supervision of or control over the proceeds raised by the organization's charitable solicitations. 2. That this ordinance shall be in full force and effect from and after its passage. Page 4 of 5 On motion of Supervisor Altizer to adopt the ordinance, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None A COPY TESTE: Deborah C. Jacks Clerk to the Board of upervisors cc: Paul M. Mahoney, County Attorney Terrell Holbrook, Acting Chief of Police Page 5 of 5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 22 2012 RESOLUTION 052212 -3 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for May 22, 2012 designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 5 inclusive, as follows: 1. Approval of minutes —April 10, 2012; April 24, 2012 2. Request to accept and appropriate funds in the amount of $7,981.73 to the Clerk of the Circuit Court from the Commonwealth of Virginia for fiscal year 2011/2012 3. Confirmation of appointments to Parks, Recreation and Tourism Advisory Commission (appointed by District); Roanoke County Community Leaders Environmental Action Roundtable (RCCLEAR); Roanoke County Planning Commission (appointed by District) and the Roanoke Valley Convention and Visitors Bureau Board of Directors 4. Request to enhance the Infrastructure Replacement Capital Fund 5. Acceptance of Olyvia Place located within Belfair Heights Subdivision in the Cave Spring Magisterial District into the Virginia Department of Transportation Secondary System Page 1 of 2 0n motion of Supervisor Altizer to adept the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Altizer, Church, Elswick, Flora NAYS: None A COPY TES - rE: r Deborah C. Jacks 61 Clerk to the Board of Supervisors Page 2 of 2 ACTION NO. A- 052212 -3 . a ITEM NO. J -2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 22, 2012 AGENDA ITEM: Request to accept and appropriate funds in the amount of $7,981.73 to the Clerk of the Circuit Court from the Commonwealth of Virginia for fiscal year 2011/2012 SUBMITTED BY: Steven A. McGraw Clerk of Circuit Court APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Technology Trust Funds, representing fees collected by the Roanoke County Circuit Court Clerk's Office, have been received from the State in the amount of $7,981.73. These funds have been earmarked for the purpose of computer maintenance. These funds need to be appropriated to the Clerk of Circuit Court. FISCAL IMPACT: No fiscal impact, one hundred percent (100 %) State funds. STAFF RECOMMENDATION: Staff recommends appropriating $7,981.73 to the Clerk of Circuit Court for the fiscal year 2011/2012. Page 1 of 2 VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. cc: Steven A. McGraw, Clerk of Circuit Court Rebecca Owens, Director of Finance Page 2 of 2 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Church � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Flora � ❑ ❑ cc: Steven A. McGraw, Clerk of Circuit Court Rebecca Owens, Director of Finance Page 2 of 2 ACTION NO. A- 052212 -3.b ITEM NO. J -3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: May 22, 2012 Confirmation of appointments to Parks, Recreation and Tourism Advisory Commission (appointed by District); Roanoke County Community Leaders Environmental Action Roundtable (RCCLEAR); Roanoke County Planning Commission (appointed by District) and the Roanoke Valley Convention and Visitors Bureau Board of Directors Deborah C. Jacks Clerk to the Board B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Parks, Recreation and Tourism Advisory Commission (appointed by District) Richard C. Flora has recommended the re- appointment of Max Beyer to represent the Hollins District for an additional three -year term to expire on June 30, 2015. Eddie "Ed" Elswick has recommended the appointment of Ssunny Shah to represent the Windsor Hills District for a three -year term to expire on June 30, 2015. 2. Roanoke County Community Leaders Environmental Action Roundtable (RCCLEAR) Richard C. Flora has recommended the appointment of Jesse Freedman, to represent the Hollins Magisterial District to complete the term left vacant by Brian Pittenger. This term of office will expire on August 31, 2012. Page 1 of 2 3. Roanoke County Planning Commission (appointed by District) Charlotte A. Moore has recommended the re- appointment of Gene Marrano to represent the Cave Spring District for a four -year term that will expire on June 30, 2016. 4. Roanoke Valley Convention and Visitors Bureau Board of Directors B. Clayton Goodman 111, County Administrator has recommended the reappointment of Doug Blount to represent Roanoke County on this Board. This is a two year appointment that will expire on June 30, 2014. VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. cc: Arlain Martin, Secretary, Parks, Recreation and Tourism Advisory Commission Doug Blount, Director of Parks, Recreation and Tourism Jim Vodnik, Assistant Director of General Services Philip Thompson, Deputy Director of Planning Page 2 of 2 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Church � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Flora z El El cc: Arlain Martin, Secretary, Parks, Recreation and Tourism Advisory Commission Doug Blount, Director of Parks, Recreation and Tourism Jim Vodnik, Assistant Director of General Services Philip Thompson, Deputy Director of Planning Page 2 of 2 ACTION NO. A- 052212 -3 . c ITEM NO. J -4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 22, 2012 AGENDA ITEM: Request to enhance the Infrastructure Replacement Capital Fund SUBMITTED BY: Bill Greeves Director of Communications and Information Technology Rob Light Purchasing Manager APPROVED BY: B. Clayton Goodman, III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Infrastructure Replacement Capital Fund was established to provide an annual source of funds for the replacement of technology infrastructure equipment. This equipment forms the foundation for all systems used by County employees to provide services and support to County citizens. Staff requests approval to enhance this capital fund by the sale of surplus technology infrastructure equipment, including but not limited to servers, switches, routers, controllers, drives and wireless networking equipment. As equipment and systems are required to be replaced, CommlT will surplus the old equipment and coordinate with the Finance Department to have this equipment sold to other entities. The funds received from these entities will be directed back to the Infrastructure Replacement Capital Fund. These additional funds along with the annual budgeted amount will allow for the continued funding of the Infrastructure Replacement Plan. Page 1 of 2 The County's Charter directs that all funds generated by the sale of real or personal property of the County designated as Surplus will be paid into capital accounts for the purpose of the acquisition, construction, maintenance or replacement of other capital items. Presently, the proceeds of all surplus County personal property including vehicles is placed in the Vehicle Replacement capital fund with the exception of radio equipment which is designated for the Radio Maintenance and Capital Fund per Board action on September 8, 2010. FISCAL IMPACT: There is no net fiscal impact for the County. Approval will result in staff having the ability to maximize the residual value of specialized equipment to support continued funding of the Infrastructure Replacement Plan. STAFF RECOMMENDATION: Staff recommends approval of this request. VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. cc: Bill Greeves, Director of Communications and Information Technology Rob Light, Purchasing Manager Page 2of2 Yes No Absent Ms. Moore Z ❑ ❑ Mr. Altizer Z ❑ ❑ Mr. Church Z ❑ ❑ Mr. Elswick Z ❑ ❑ Mr. Flora Z El El cc: Bill Greeves, Director of Communications and Information Technology Rob Light, Purchasing Manager Page 2of2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 22 2012 RESOLUTION 052212 -3.d REQUESTING ACCEPTANCE OF OLYVIA PLACE 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 1 of 2 On motion of Supervisor Altizer to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None A CO" "f ESTE: Deborah C. Jacl Clerk to the Boa cc: Arnold Covey, Director of Community Development Tarek Moneir, Deputy Director of Development Brian Epperly, Transportation Engineer Virginia Department of Transporation of Supervisors Page 2 of 2 In 'th e County Roanoke - w w - - - - - w - - - - - - w . - - - - - w . - - - w w w - - - - - - - - - . - - w . . . . . - . - - - - - - - - w . w . - - . . . w w w w . --- - - - w . - - - - By resolution of the governing body adopted May 22, 2D 12 The following VDOT Form AM -4.3 is hereby attached and incorpV d as part of the governing body's resolution for changes in the secondary system of state highways. A Copy Testee Signed (County Off ci Report of Changes in the Secondary System of State highways Project/Subdivision Belfair Heights 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 olyvia Place, State Route Number 2049 Old Route Number: 0 • From: Int. of Route 679, Buck Mountain Road To: End, Cul -de -sac, a distance of: 0.'17 miles. Recordation Reference: P.B. 30, PG. 54 Right of Way width (feet) = 40 VDOT Form Ah4 -4.3 (4/20/2007) Maliven.ance Divi�iurt Date of Resolution: May 22, 2012 Page t of 1 i 1 1 1 PROPOSEDADDITIGN(S) IN GREY ti DESCRIPTION LENGTH ROW WIDTH SERVICES Miles Feet Feet Houses Olyvia Place; From Buck Mountain Road (route 679) to the end of it's cul -de -sac 0.1 ? 40 28 15 ROANOKE COUNTY ACCEPTANCE OF OLYVIA PLACE INTO THE VIRGINIA DEPARTMENT OF DEPARTMENT OF TRANSPORTATION SECONDARY COMMUNITY DEVLOPMENT SYSTEM Ar AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 22 2012 RESOLUTION 052212 -4 APPROVING AND ADOPTING THE RECOMMENDATION OF THE ROANOKE COUNTY BONDING COMMITTEE TO SCHEDULE A PUBLIC HEARING ON JUNE 12 2012 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 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 3 deposit with Sun Trust Bank of Virginia to secure the completion of the requirements under the Land Subdivider's Agreement; 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. NOW THEREFORE, be it RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a public hearing be scheduled for June 12, 2012, at 3:00 p.m. at the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, Virginia, 24018 to hear testimony and proposals from Al M. Cooper Construction, Inc. and Valley Bank of Virginia concerning the recommendations of the Bonding Committee to declare the Developer in default and to collect the proceeds from the letters of credit in order to complete the development of Cardinal Meadows, in accordance with the Land Subdivider's Agreement. 2. 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 directed to provide appropriate notices to the Developer and the Surety of this public hearing, and are further authorized to take such action as may be necessary to fully assert and defend the rights and obligations of Roanoke County in this regard. Page 2of3 3. This Resolution shall be in full force and effect from the date of its adoption. On motion of Supervisor church to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None A COPY TESTE: tr Deborah C. Jac V'S Clerk to the Board of Supervisors cc: Arnold covey, Director of Community Development Tarek Moneir, Deputy Director of Development Paul Mahoney, County Attorney Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 22, 201 2 RESOLUTION 052212 -5 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2 -3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member's knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies; and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Flora to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None -- , - -- 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, MAY 22 2012 RESOLUTION 052212 -6 OF CONGRATULATIONS TO THE WILLIAM BYRD GIRLS 200 MEDLEY AND 400 FREESTYLE MEDLEY SWIM TEAM FOR WINNING THE 2012 VHSL STATE GROUP AA CHAMPIONSHIP WHEREAS, team sports are an important part of the curriculum at schools in Roanoke County teaching cooperation, sportsmanship and athletic skill; and WHEREAS, the William Byrd High School Girls 200 Medley Relay Swim Team won the 2012 Virginia High School League (VHSL) State Group A /AA Championship on February 1, 2012, at the Christiansburg Aquatic Center with a time of 1:46.48, setting a new school record; and WHEREAS, the William Byrd High School Girls 400 Freestyle Medley Relay Swim Team also won the 2012 Virginia High School League (VHSL) State Group A/AA Championship with a time of 3:31.80, setting both a new school record and State record; and WHEREAS, State Champion Kali Edsall also won the 200 Individual Medley with a time of 2:04.45, breaking the school record; and WHEREAS, the Lady Terriers are coached by Krista Martin. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia does hereby extend its sincere congratulations to the members of the WILLIAM BYRD HIGH SCHOOL GIRLS 200 MEDLEY RELAY AND 400 FREESTYLE MEDLEY SWIM TEAM: Kacy Edsall, Kali Edsall, Annie Lane and Mackenzie Lingle; for winning the 2012 VHSL State Group AA Championship; and BE IT FURTHER RESOLVED that the Board of Supervisors extends its best Page 1 of 2 wishes to the members of the team, the coaches and the school in their future endeavors. On motion of Supervisor Altizer to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, church, Elswick, Flora NAYS: None A COPY TESTE: J'-Ot/ Deborah C. Jacks Clerk to the Board of Supervisors Page 2 of 2 AT A REGULAR MEETING FOTHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 22 2012 RESOLUTION 052212 -7 GRANTING A WAIVER TO VIRGINIA TECH'S CATAWBA SUSTAINABILITY CENTER AND HALF ACRE PROMOTIONS UNDER SECTION 13 -23 OF THE ROANOKE COUNTY CODE TO THE PROVISIONS OF THE COUNTY'S NOISE ORDINANCE, ARTICLE II. NOISE OF CHAPTER 13. OFFENSES - MISCELLANEOUS WHEREAS, Virginia Tech's Catawba Sustainability Center and Half Acre Promotions will be holding a 2012 Labor Day Catawba Farm Fest music event on the Catawba Sustainability Center property on Friday, August 31, 2012, through Sunday, September 2, 2012; and WHEREAS, in order to accommodate the planned time frame for the Catawba Farm Fest which is a family friendly event which supports community sustainability and showcases regional talent all while increasing economic revenue for local businesses, Virginia Tech's Catawba Sustainability Center and Half Acre Promotions are requesting a waiver of the County noise ordinance for one hour from 10:00 P.M. till 11:00 P.M., on Friday and Saturday, August 31 and September 1, 2012; and WHEREAS, Section 13 -23 of the Roanoke County Code establishes certain standards for the Board of Supervisors to grant waivers from the provision of the Roanoke County Noise Ordinance to avoid undue hardship upon consideration of certain factors set forth in sub - section (b) of Section 13 -23 and after making certain alternative findings. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: Page 1 of 2 1. That the provisions of Section 13 -21. Specific acts as none, sub - section (5) and Section 13 -20. General prohibition of Article II. Noise be WAIVED for a period of one (1) hour until 11:00 P.M. on Friday and Saturday, August 31 and September 1, 2012. 2. That this Waiver is granted specifically to Virginia Tech's Catawba Sustainability Center and Half Acre Promotions for the event scheduled at the Catawba Sustainability Center property on Friday and Saturday, August 31 and September 1, 2012. On motion of Supervisor Church to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None A COPY TESTE: Deborah C. Jacks U Clerk to the Board of Supervisors cc: Paul Mahoney, County Attorney Page 2of2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, MAY 22 2012 RESOLUTION 052212 -8 ESTABLISHING SALARY FOR THE COUNTY ADMINISTRATOR AND THE COUNTY ATTORNEY WHEREAS, the Board of Supervisors of Roanoke County, Virginia, hereby establishes the salaries for the County Administrator and the County Attorney for fiscal year 2012 -2013. BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the annual salary for the County Administrator shall be increased from $152,000 to $165,300. The County Administrator will now be responsible for paying the five percent (5 %) employee contribution to the Virginia Retirement System. 1. That the annual salary for the County Attorney shall be increased from $140,280 and $152,554, which includes the County longevity supplement. The County Attorney will now be responsible for paying the five percent (5 %) employee contribution to the Virginia Retirement System. 2. That the effective date for the establishment of this salary shall be July 1, 2012. Page 1 of 2 On motion of Supervisor Flora to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None A CORY TESTE: Deborah C. Jacky Clerk to the Board upervisors cc: Paul Mahoney, County Attorney Diane Hyatt, Assistant County Administrator Rebecca Owens, Director of Finance Joseph Sgroi, Director of Human Resources 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, MAY 22 2012 ORDINANCE 052212 -9 AUTHORIZING THE VACATION OF A 15 -FOOT PUBLIC DRAINAGE EASEMENT AS SHOWN ON THE PLAT OF SECTION 8, FALLING CREEK ESTATES OF RECORD IN PLAT BOOK 21, PAGE 20 IN THE ROANOKE COUNTY CIRCUIT COURT CLERK'S OFFICE, SAID PUBLIC DRAINAGE EASEMENT BEING LOCATED OFF TODDSBURY DRIVE BETWEEN LOTS 22 AND 23 (NOW RE- SUBDIVIDED AND SHOWN AS LOT 22A ON A PLAT OF RECORD BY INSTRUMENT # 2007 -14385 IN THE ABOVE MENTIONED CLERK'S OFFICE), VINTON MAGISTERIAL DISTRICT WHEREAS, the plat of Section 8 of Falling Creek Estates recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 21, page 20, established a 15' wide public drainage easement between Lots 22 and 23, which lots have been resubdivided and combined creating Lot 22A (Instrument #2007- 14385); and WHEREAS, an alternate drainage easement has been dedicated and accepted by the County by deed of easement (Instrument #2008 - 10193), therefore public drainage easement described above established in Plat Book 21, page 20 is no longer needed; and WHEREAS, the property owner of Lot 22A has requested the vacation of this unused public drainage easement because it splits the property and limits the flexibility of developing the land to its full potential; and WHEREAS, the public drainage easement is more clearly indicated as "Existing 15' Public Drainage Easement — PB 21 PG 20 (To be Vacated)" on a drawing entitled "Falling Creek Estates, Section 8, Lot 22A —15' Public Drainage Easement to be vacated" prepared by Roanoke County Department of Community Development and attached hereto as Exhibit A; and Page 1 of 3 WHEREAS, no other property owner will be affected by the vacation of this public utility easement; and WHEREAS, this vacation will not involve any cost to the County and the affected County departments and public utilities have raised no objection; and WHEREAS, notice has been given as required by Section 15.2 -2204 of the Code of Virginia (1950, as amended); and THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on May 8, 2012, and a second reading and public hearing of this ordinance was held on May 22, 2012. 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the subject real estate (15' wide public drainage easement, which was dedicated by plat of Section 8 of Falling Creek Estates recorded in Plat Book 21, page 20 and shown on the attached Exhibit A) is hereby declared to be surplus and the nature of the interests in real estate renders it unavailable for other public use. 3. That the subject real estate (15' wide public drainage easement, which was dedicated by plat of Section 8 of Falling Creek Estates recorded in Plat Book 21, page 20 and shown on the attached Exhibit A) be, and hereby is, vacated pursuant to Section 15.2- 2272 of the Code of Virginia,1950, as amended. 4. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioner. Page 2 of 3 5. That the county Administrator, or any Assistant county Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 6. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ord inance shall be recorded in the Cierk's office of the circuit court of Roanoke county, Virginia, in accordance with Section 15.2 -2272 of the Code of Virginia (1950, as amended). On motion of Supervisor Altizer to adopt the ordinance, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None A COPY TESTE: Debdrah C. Jacks " Clerk to the Board of Z cc: Arnold covey, Director of community Development Tarek Moneir, Deputy Director of Development Philip Thompson, Deputy Director of Planning Paul M. Mahoney, county Attorney Nancy Horn, commissioner of the Revenue Page 3of3 Y 4 TO RY w LAJ -yam ROUTE X24 to sTEwAR75Mu.E . _VICINITY MAP NORTH TODDS B U RY te F. ■ dV , ' R 7 K C1� �;' Existing 15' Public Drainage Easement - PB 21 PG 20 be Vac (To Vacated) l 20 ' SAN ITARY t SEWER EASEMENT ;. 20' Public Drainage Easement PB 21 PG 20 Instrument # 200810193 . .� Natural Water Course 40' R/W APGO EASEMENT (DB 367 PG 74) Z . �+ , � C1 :d J � 1 � Eli. SHORT 1NG, LOT 21 < w m LOT 22A ALLAN DOUGLAS HUNTER AND a 1,7�� a�re� LAURA JEAN HUNTER �. m 1 X051,03- 022 22.GD--pDOD TM 0 51.03 --02 -- 21.00 -0000 0 w + �v , EDWARD HOWARD HALF TM 51.03 -1-• -3 N ot to scale � E A ROANOKE COUNTY DEPARTMENT OF COMMUNITX DEVELOPMENT Falling Creep Estates, Section 8 Lot 22A --15' Public Drainage Easement To be vacated.