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12/11/2012 - Regular
Roanoke County Board of Supervisors Agenda December 11, 2012 NOTE: There will not be a 7:00 p.m. evening session as there are no advertised public hearings. Good afternoon and welcome to our meeting for December 11, 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 www.RoanokeCountyVA.gov.Our meetings are 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 Mike Hewitt Chaplain for the Roanoke County Police Department 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. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Dr. Carol M. Gilbert, Operational Medical Director, upon her retirement after twenty-seven (27) years of volunteer service (Richard E. Burch, Jr., Chief of Fire and Rescue) Page 1 of 5 2. Recognition of the Roanoke County Police Department and Emergency Communications Center for receiving re-accreditation through the Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA) (Howard B. Hall, Chief of Police) 3. Recognition of General Services, Parks, Recreation and Tourism, Police, Public Information and Roanoke Valley Television staff and partners for honors received in the Blue Ridge Public Relations Society of America annual Summit Awards competition (Teresa H. Hall, Director of Public Information) D. BRIEFINGS 1. Briefing on the results of the 2013 General Reassessment (Billy Driver, Director of Real Estate Valuation) E. NEW BUSINESS 1. Resolution requesting the General Assembly of Virginia to maintain the moratorium on mining uranium during the 2013 General Assembly Session (Paul M. Mahoney, County Attorney) 2. Explore Park request for State of Virginia Funding (B. Clayton Goodman III, County Administrator) 3. Vinton War Memorial Monument (B. Clayton Goodman III, County Administrator) F. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCE-CONSENT AGENDA: Approval of these items does not indicate support for, or judge the merits of, the requested zoning actions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by the Planning Commission 1.Philip M. Argabright to rezone approximately 12.9 acres from R-1, Low Density Residential, District to AG-3, Agricultural/Rural Preserve, District, located at 5032 Stanley Farm Road in the Glenvar area, Catawba Magisterial District 2. Friendship Health and Rehab Center South, Inc. and Friendship Health and Rehab Center, Inc. to rezone approximately 10.27 acres from R-1, Low Density Residential, District to C-2, General Commercial, District and to obtain a special use permit for a nursing home on property located at 5647 Starkey Road, Cave Spring Magisterial District Page 2 of 5 G. FIRST READING OF ORDINANCES 1. Ordinance authorizing the granting of a ten (10)-foot utility easement to Verizon Virginia, Inc. on property owned by the Roanoke County Board of Supervisors (Tax Map No. 055.13-01-02.02) for the purpose of an underground utility line to the Glenvar Library at 3917 Daugherty Road, Glenvar Magisterial District (Paul M. Mahoney, County Attorney) 2. Ordinance approving an Intergovernmental Agreement to establish and (Due to time constraints, it is requested operate a regional animal shelter that, upon a four-fifths vote of the Board, the second reading be waived and the ordinance adopted as an emergency measure.) (B. Clayton Goodman III, County Administrator; Paul Mahoney, County Attorney) H. SECOND READING OF ORDINANCES 1. Ordinance amending Chapter 12 Motor Vehicles and Traffic of the Roanoke County Code by the addition of Article VII. Mopeds (Paul M. Mahoney, County Attorney) I. PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. Ordinance authorizing the lease to Bent Mountain Center, Inc. for one year (plus option to extend for additional one-year periods) of the Bent Mountain Elementary School (B. Clayton Goodman III, County Administrator) 2. Ordinance authorizing the vacation of an existing twenty (20)-foot Stormwater Management Easement as shown on the plat of Kingston Estates, record in said Stormwater Management Easement located off Cambridge Court Road between Lots 58 and 59 and the acceptance of a new variable width Stormwater Management Easement located off Cambridge Court Road between Lots 59 and 60, Vinton Magisterial District (Arnold Covey, Director of Community Development) 3. Ordinance authorizing the granting of an electric utility easement to Appalachian Power (AEP) on property owned by the Roanoke County Board of Supervisors (Tax Map No. 055.13-01-02.02) for the purpose of an underground electric power line to the Glenvar Library at 3917 Daugherty Road, Catawba Magisterial District (Paul M. Mahoney, County Attorney) J. APPOINTMENTS 1. Blue Ridge Behavioral Health Care Board of Directors (At-Large Appointment) Page 3 of 5 2. Capital Improvement Program (CIP) Review Committee (appointed by District) 2. Parks, Recreation and Tourism Advisory Commission (appointed by District) 3. Roanoke County Planning Commission (appointed by District) 4. Social Services Advisory Board (appointed by District) K. 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 November 13, 2012 2. Confirmation of appointment to the Blue Ridge Behavioral Healthcare Board of Directors and the Western Virginia Regional Jail Authority 3. Resolution establishing a meeting schedule for the Board of Supervisors of Roanoke County for calendar year 2013 4. Request to accept and appropriate $61,470.61 to Roanoke County Schools 5. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Patricia A. Artz, Deputy Sheriff- Office), upon her retirement after more than twenty (20) years of service 6. Request to accept and appropriate funds in the amount of $2,477 to the (SCAAP), approved by the Department of Justice, Bureau of Justice Assistance 7. Resolution accepting a portion of Glenmary Drive and Corporate Circle into the Virginia Department of Transportation (VDOT) Secondary System 8. Resolution accepting River Ridge Court, River Oaks Drive and a portion of Millwheel Drive into the Virginia Department of Transportation (VDOT) Secondary System 9. Resolution accepting High Gate Lane, Foxfield Circle and a portion of Millwood Drive into the Virginia Department of Transportation (VDOT) Secondary System Page 4 of 5 10. Resolution recognizing the retirement of Michael J. Fosbre, Probation Officer with the Drug Court, Twenty-Third Judicial Circuit Court, upon his retirement after seventeen (17) years of service L. REQUESTS FOR WORK SESSIONS M. REQUESTS FOR PUBLIC HEARINGS N.IONS O. REPORTS 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. io Policy as of October 31, 2012 P. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Michael W. Altizer 2. 3. 4. Charlotte A. Moore 5. Richard C. Flora Q. WORK SESSIONS 1. Work session Large & Utility Wind Energy Systems, Roanoke County Zoning Ordinance (B. Clayton Goodman III, County Administrator) R. CLOSED MEETING, pursuant to the Code of Virginia as follows: 1. Section 2.2-3711.A. 5 Discussion concerning a prospective business or industry where no previous announcement has been made of the interest in locating their facilities in Roanoke County S. CERTIFICATION RESOLUTION T. ADJOURNMENT 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, DECEMBER 11, 2012 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO DR. CAROL M. GILBERT, OPERATIONAL MEDICAL DIRECTOR UPON HER RETIREMENT AFTER TWENTY-SEVEN (27) YEARS OF VOLUNTEERSERVICE WHEREAS, Dr. Gilbert was first consulted as the new Operational Medical Director in December 1985, and continued in the volunteer position leading the EMS Division through countless changes during her tenure with Roanoke County; and WHEREAS, Dr. Gilbert retired from her volunteer position with the Fire/Rescue Department on December 1, 2012, after twenty-eight (27) years of devoted, faithful and expert service with the County; and WHEREAS, during her time serving Roanoke County, Dr. Gilbert oversaw the creation of the EMS Division of the Fire/Rescue Department by providing guidance to County staff on pertinent emergency medical issues; and WHEREAS, Dr, Gilbert spent a tremendous amount of her time in providing required medical oversight to all Department employees on the care they rendered to patients they treated; and WHEREAS, Dr. Gilbert was an integral part of the Department establishing one of the only paramedic refresher programs in the Commonwealth of Virginia and that program has been used as a model for other jurisdictions; and WHEREAS, Dr. Gilbert served as the State Medical Director for many years and was able to provide leadership not only to Roanoke County but to the entire Commonwealth of Virginia on EMS issues; and WHERAS, Dr. Gilbert has been a strong advocate for the Department’s Technical Page 1 of 2 Response Team and would regularly train with them. 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 Dr. Carol M. Gilbert, Roanoke County to for twenty-seven (27) years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. Page 2 of 2 2013 Reassessment 2012 2013 Difference Reassessment (Jan Reassessment Between Percentage of ClassDescription1 land book) (as of 11-28-12) Assessments Change 01-00Single Family Residential - Urban4,182,487,2004,078,859,900(103,627,300)-2.48% 02-00Single Family Residential - Suburban2,358,630,7002,314,874,000(43,756,700)-1.86% 03-00Multi-Family Residential233,928,500234,132,900204,4000.09% 04-00Commercial / Industrial988,224,500974,465,700(13,758,800)-1.39% 05-00Agricultural / Undeveloped (20-99 Acres) *174,435,200173,433,100(1,002,100)-0.57% 06-00Agricultural / Undeveloped (Over 99 Acres) *30,321,90030,621,000299,1000.99% Sub-total Commercial988,224,500974,465,700(13,758,800)-1.39% Sub-total Residential 6,979,803,5006,831,920,900(147,882,600)-2.12% Total$7,968,028,000$7,806,386,600(161,641,400)-2.03% *SLEAC's (State Land Evaluation Advisory Council) recommended Land Use Values are used for the 2013 Reassessment. Assessment Decrease Attributed To: New Construction$37,583,0000.47% Market Value(199,224,400)(2.50%) Total Decrease(161,641,400)(2.03%) Percentage of Increase by Classification Single Family Residential - Urban Single Family Residential - Suburban 1.0% 0.5% Multi-Family Residential 0.0% -0.5% Commercial / Industrial -1.0% -1.5% Agricultural / Undeveloped (20-99 Acres) -2.0% Agricultural / Undeveloped (Over 99 Acres) -2.5% New Construction New Construction 2007$147,390,968 New Construction 2008$111,389,200 New Construction 2009$65,244,125 New Construction 2010$42,752,800 New Construction 2011$47,129,400 New Construction 2012$37,583,000 History of New Construction New Construction 2007 New Construction 2008 New Construction 2009 150,000,000 125,000,000 New Construction 2010 100,000,000 New Construction 2011 75,000,000 50,000,000 New Construction 2012 12/4/2012 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 11, 2012 RESOLUTION REQUESTING THE GENERAL ASSEMBLY OF VIRGINIA TO MAINTAIN THE MORATORIUM ON MINING URANIUM DURING THE 2013 GENERAL ASSEMBLY SESSION WHEREAS, the Board of Supervisors of Roanoke County, Virginia, recognizes that clean water, clean air and a healthful environment are critically important resources of the County and its surrounding region; WHEREAS, the future economic development of our County and region are closely related to this region’s healthy and pollution-free environment and natural beauty that currently make it so desirable as a destination for visitors and new residents; WHEREAS, in 1983 the potential for mining uranium in the Virginia counties of Pittsylvania and Orange was proposed whereby the Virginia Assembly issued a moratorium on the mining and milling of uranium, which remains in effect today, until the industry could prove that it is capable of performing such activities without hazardous impacts to the natural resources and public health of the Commonwealth; and WHEREAS, a company known as Virginia Uranium, Inc., has proposed mining and milling the uranium ore at the Coles Hill Deposit in Pittsylvania County, Virginia, stating to its investors that it will seek legislation to repeal the moratorium in the 2013 session of the Virginia General Assembly; and WHEREAS, the mining operations proposed by Virginia Uranium, Inc. could result in large quantities of airborne radioactive dust and in highly mobile radioactive mill tailings which must be stored as sludge in ponds and eventually in dewatered tailings piles that can retain 85 percent of their original radioactivity for thousands of years; and Page 1 of 3 WHEREAS, it is possible that these sludge ponds and tailings pile confinement structures could fail, resulting in the release of radioactive materials into surface waters and the surrounding environment; and WHEREAS, unlike almost all uranium mining operations in North America that are currently located in arid regions or in areas remote from population, the Coles Hill site is in the Roanoke River basin, which serves as a drinking water source for over one million people in Virginia and North Carolina including several military bases, a source that would face increased risks associated with uranium mining and milling and storage of radioactive wastes; and WHEREAS, numerous communities, agencies and organizations throughout the region have gone on record as being opposed to the lifting of the moratorium on uranium mining until it can be shown it can be done without hazardous impacts to natural resources and public health; and WHEREAS,on December 11, 2012, this Board adopted a Resolution requesting the General Assembly to maintain this moratorium during its 2013 session. NOW, THEREFORE BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Virginia, 1. That the Virginia General Assembly maintain the moratorium on mining uranium indefinitely or until the industry provides proof through an independent scientific study that it is capable of performing such activities without hazardous impacts to the natural resources and public health of the Commonwealth. 2. The scientific study must be provided by a person or persons that are not affiliated with, employed by, or hired by Virginia Uranium Incorporated, its agents or Page 2 of 3 employees, or any person or company that is involved in uranium mining or milling. 3. That the Clerk to the Board is directed to send a copy of this resolution to each member of the County’s legislative delegation, the Virginia Association of Counties, the Virginia Municipal League and to all groups currently studying uranium mining in the Commonwealth of Virginia. 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, DECEMBER 11, 2012 RESOLUTION SUPPORTING THE VIRGINIA RECREATIONAL FACILITIES AUTHORITY SEEKING STATE OF VIRGINIA FUNDING TOTALING $300,000 FOR FY 2013-2014 WHEREAS, Roanoke County has supported the Virginia’s Recreational Facilities Authority in its pursuit of the development of the Explore Park; and WHEREAS, Explore Park remains a vital State of Virginia Asset located in Roanoke and Bedford Counties which with its new vision of providing outdoor recreation opportunities, becoming a tourist destination in western Virginia, providing stewardship of this region’s heritage, and environmental education and conservation for the enjoyment, education and inspiration of present and future generations; and WHEREAS, The new vision will assist in protecting the natural and historical assets of the Explore Park site while remaining a positive investment opportunity for the private sector; and WHEREAS, VRFA’s Chairman Casey Bratton, has petitioned the Governor for State funding totaling $300,000; and WHEREAS, the funding will be divided $100,000 for operations to operate the Explore Park at a basic level while the VRFA seeks public/private partnerships and implements revenue producing areas of the Explore Park; seeks $150,000 for capital improvements to make the Park development ready, to maintain the infrastructure, protect assets and to encourage private development of the Explore Park and $50,000 Page 1 of 2 for economic development support and other service expenses to support the development of Explore Park. NOW, THEREFORE, BE IT RESOLVED, That the Roanoke County Board of Supervisors does hereby endorse and support VRFA’s State of Virginia request for fiscal year 2013-2014 funding in the amount of $300,000; and FURTHERMORE, BE IT RESOLVED, That the Clerk to the Board of Supervisors is directed to send an attested copy of this resolution to Governor McDonnell, Senator John S. Edwards, Senator Ralph Smith, Delegate Greg Habeeb, Delegate Onzlee Ware, Stephanie Moon, Roanoke City Clerk; Members of the Roanoke City Council; Kevin S. Boggess, Clerk for Salem City Councilmembers of the Salem City Council; Clerk for the Town of Vinton; Members of the Vinton Town Council and the Virginia Recreational Facilities Authority Chairman. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, DECEMBER 11, 2012 ORDINANCE AUTHORIZING THE GRANTING OF A TEN (10)-FOOT UTILITY EASEMENT TO VERIZON VIRGINIA INC. ON PROPERTY OWNED BY THE ROANOKE COUNTY BOARD OF SUPERVISORS (TAX MAP NO. 055.13-01-02.02) FOR THE PURPOSE OF AN UNDERGROUND COMMUNICATION SYSTEM TO THE GLENVAR LIBRARY AT 3917 DAUGHERTY ROAD, CATAWBA MAGISTERIAL DISTRICT WHEREAS, Verizon Virginia Inc. (Verizon) requires a permanent utility easement for purpose of providing internet service to the Glenvar Library from an existing overhead electric line; and WHEREAS, granting this utility easement for an underground communications system is necessary for the operation of the Glenvar Library; and WHEREAS, the proposed utility easement to the Glenvar Library will serve the interests of the public and is necessary for the public health, safety and welfare of the citizens of Roanoke County. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on December 11, 2012, and a second reading and public hearing was held on January 8, 2013. 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the interest in real estate to be conveyed is hereby declared to be surplus, and is hereby made available for other public uses by conveyance to Verizon Virginia Inc. for a utility easement. Page 1 of 2 3. That donation to Verizon Virginia Inc. of a utility easement for purpose of an underground communication system, as shown on a plat No. BCC-89022-R and attached sketch “A” titled “Verizon Virginia Inc. Right-of-Way Plat” prepared by Verizon Virginia Inc., is hereby authorized and approved. 4. That the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 11, 2012 ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT TO ESTABLISH AND OPERATE A REGIONAL ANIMAL SHELTER WHEREAS, §3.2-6546 of the Code of Virginia requires the governing body of each county or city to maintain or cause a “pound” to be maintained; and WHEREAS, §3.2-6546 of the Code of Virginia allows one or more local governing bodies to operate a single “pound” in conjunction with one another; and WHEREAS, the governing bodies of Roanoke City, Vinton, Roanoke County, and Botetourt have determined that it is in the best interest of all four jurisdictions to operate a single animal shelter; and WHEREAS, §15.2-1300 of the Code of Virginia requires that agreements for the joint exercise of powers by political subdivisions be approved by ordinance, and, WHEREAS, that the first reading of this ordinance was held on December 11, 2012, and that the second reading of this ordinance was waived as an emergency measure pursuant to §18.04 of the Roanoke County Charter. BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY as follows: 1. That the Board hereby approves the Regional Pound Agreement with Roanoke City, Town of Vinton, County of Botetourt and County of Roanoke for the establishment and operation of a regional animal shelter. 2. That an agreement to lease with an option to purchase the kennel located at 1340 Baldwin Avenue located in the City of Roanoke from the Roanoke Page 1 of 2 Valley Society for the Prevention of Cruelty to Animals, Inc. (“SPCA”) is hereby authorized and approved. 3.That the County Administrator, or any Assistant County Administrators, either of whom may act, are authorized to execute and deliver the Regional Pound Agreement and a lease with an option to purchase agreement with the SPCA. The form of the Regional Pound Agreement presented to the Board is hereby approved with such completions, omissions, insertions and changes as the County Administrator may approve, whose approval shall be evidenced conclusively by the execution and delivery thereof. 4. The County Administrator, or any such other Assistant County Administrators, are hereby authorized and directed to execute, deliver and record, as necessary, all other agreements, contracts, leases, and documents on behalf of the County and to take all such further action as any of them may deem necessary or desirable in connection with the establishment and operation of a regional animal shelter. 5. That this ordinance shall be effective from and after the date of its adoption. Page 2 of 2 ROANOKE VALLEY REGIONAL POUND AGREEMENT THIS AGREEMENT is made and entered into on this ___ day of _______________, 2012, by and between the City of Roanoke, (“Roanoke City”); the Town of Vinton, (“Vinton”); the County of Roanoke, (Roanoke County”); and the County of Botetourt, (“Botetourt”), each of which is a political subdivision or municipality of the Commonwealth of Virginia. WITNESSETH: WHEREAS, §3.2-6546 of the Code of Virginia requires the governing body of each county, town or city to maintain or cause a “pound” to be maintained; and WHEREAS, §3.2-6546 of the Code of Virginia allows one or more local governing bodies to operate a single “pound” in conjunction with one another; and WHEREAS, the governing bodies of Roanoke City, Vinton, Roanoke County, and Botetourt have determined that it is in the best interest of all four jurisdictions to operate a single animal shelter; and WHEREAS, the participating localities are authorized to enter into this joint Agreement pursuant to Section 15.2-1300 of the Code of Virginia; and WHEREAS, Roanoke City, Vinton, Roanoke County and Botetourt anticipate that they will enter into a ground lease with an option to purchase the Regional Pound property at 1340 Baldwin Avenue located in the City of Roanoke from the Roanoke Valley Society for the Prevention of Cruelty to Animals, Inc. (“SPCA”) NOW, THEREFORE, the City Council for the City of Roanoke, the Town Council for the Town of Vinton, the Board of Supervisors of the County of Roanoke and the Board of Supervisors for the County of Botetourt, Virginia, in consideration of the mutual obligations and mutual benefits accruing to their respective localities from this Agreement, have agreed upon the terms of a contract among themselves, which are as follows: ARTICLE I. REAL ESTATE Sec. 1-1. Description of Real Estate. The Regional Pound is a kennel facility located in the City of Roanoke, together with the improvements thereon, described as a portion of tax map parcel No. 3210401, with a street address of 1340 Baldwin Avenue, Roanoke, Virginia as more particularly shown on the attached plat. Sec. 1-2. Ownership Percentage of the Building by Participating Localities. Upon conveyance of the ground lease, the percentage of Roanoke City, Vinton, Roanoke County, and Botetourt, respectively in the leasehold, the beneficial interest in the building and associated chattel shall be as follows: Roanoke City: Fifty-eight percent (58 %); Vinton: Four percent (4 %); Roanoke County: Twenty-two percent (22 %); Botetourt: Sixteen percent (16 %). Sec. 1-3. Management of the property. All use and operation of the real estate shall be managed by the Executive Committee established in Paragraph 4-3, below. ï Sec. 1-4 Proceeds of Real Estate and personal property. The net proceeds of the sale or rental of any real property interest, or any portion thereof or any product or personal property therefrom, to any of the parties or any outside party shall be shared in the original proportions as the ownership of the Regional Pound real estate under the terms of Section 1-2 and Section 2-2 at the time of said sale or the time rental proceeds are due and payable under the terms of said sale or rental agreement. ARTICLE II. SHARING COSTS Sec. 2-1. Sharing Costs. From April 1, 2013 until the end of the first full fiscal year (June 30, 2013), all costs (to include operational, and maintenance) in excess of revenues from all other sources shall be apportioned in the following manner: Roanoke City: Fifty-eight percent (58 %); Vinton: Four percent (4 %); Roanoke County: Twenty-two percent (22 %); Botetourt: Sixteen percent (16 %). After the first full calendar year, the parties’ respective shares of costs shall be calculated as provided in Section 2-2 below. Sec. 2-2. Annual Calculation of Cost Shares. After the first fiscal year (June 30, 2013) the costs in excess from all revenues from all other sources, shall be shared by the localities on the basis of the respective usage made by each of said localities in the Regional Pound for the just concluded fiscal year (July 1, 2012 through June 30, 2013). Each locality’s usage shall include the number of dogs, cats, or other animals brought to the shelter from the said locality each fiscal year. Sec. 2.3 Use of Animal Shelter. Each of the localities shall be required to use this Regional Pound for all companion animals required to be confined therein under each localities’ respective animal control ordinances. The shelter manager is authorized to waive this requirement if space in the Regional Pound is unavailable. ARTICLE III. BUDGET AND FISCAL MATTERS Sec. 3-1. Participating Localities. The Participating Localities to this Agreement are the City of Roanoke, the Town of Vinton, the County of Roanoke and the County of Botetourt. Sec. 3-2. Fiscal Agent. Unless otherwise agreed to in writing, Roanoke County shall act as the fiscal agent for the Regional Pound until otherwise agreed to by a unanimous vote of the Executive Committee. The fiscal agent will maintain a program account for the receipt of funds paid by the Participating Localities and fees paid by the general public, and for payment expenses for the operation, maintenance, repairs, and capital improvements to the Regional Pound. Sec.3-3. Host Locality. Host Locality shall be defined as the locality in which the Regional Pound is located. As of the date of this Agreement the City of Roanoke is the Host Locality. Sec. 3-4. Budget. The Executive Committee will adopt an annual budget for the operations, maintenance and repair of the Regional Pound in each ensuing fiscal year. The budget shall be approved by the first day of March each yearso that the Regional Pound budget canbe included in each jurisdiction’s budget proposal. At the option of the Executive Committee, the budget request in any year may include component for future construction or other capital improvements. î Sec. 3.5 Annual Adjustment of Expenses. At the end of each fiscal year afinancialaudit shall be performed in order to adjust any discrepancy between the budgeted payments and each locality’s actual and appropriate share of expenses for the prior year. Once every three years the operational cost formula will be reviewed for possible changes to the agreed cost sharing in Article II. Sec. 3-6. Debt. The Executive Committee shall have no authority to incur debt obligations or approve expenditures in excess of the funds appropriated to it by the governing bodies of each jurisdiction. However, the Executive Committee may, by unanimous vote, recommend the issuance of new debt or the restructuring of existing debt which would then require the approval of the governing bodies for each of the Participating Localities. Sec. 3-7. Executive Director and Employees. The Executive Committee shall serve as an advisory board in the hiring of an Executive Director for the Regional Pound. All employees assigned to the Regional Pound including the Executive Director shall be employees of the Fiscal Agent and shall be subject to the personnel policies of the Fiscal Agent. Sec. 3-8. Indemnification and Insurance. Each participating locality will maintain its own workers’ compensation and public official’s liability insurance coverage, and will retain its full legal responsibility for injuries or property damage arising from its employees’ use of the Regional Pound. Nothing in this agreement shall be interpreted as an assumption of joint and several liability, or as an indemnification of any jurisdiction, by any of the others. General liability insurance for the facility shall be purchased by the Fiscal Agent. Each party to this agreement shall be billed for its proportional share of General Liability coverage in accordance with the formula set forth in Article II. ARTICLE IV. OPERATIONS AND DISPUTE RESOLUTION The term of this Agreement shall commence on April 1, 2013 and shall Sec. 4-1. Term. terminate on June 30, 2023, unless sooner terminated or further extended as provided herein. As of each ten (10) year anniversary date hereof (July 1), the term of this Agreement shall automatically be extended for one additional ten (10) years beyond the then existing date of termination, unless one or more of the participating localities chooses to withdraw from this Agreement in accordance with the process outlined Article V. Sec. 4-2. Operator. The day to day operation of the Regional Pound shall be performed by full- time Executive Director appointed in accordance with Section 3-4 of this Agreement. The Executive Committee shall provide oversight as an advisory board to the Executive Director. Employees of the Regional Pound will receive pay and other compensation from the City of Roanoke, the fiscal agent for the Regional Pound. Employees shall be subject to the City of Roanoke employment policies and procedures. Sec. 4-3. Executive Committee. The overall operation of the Regional Pound shall be the responsibility of an Executive Committee as set forth herein. The composition and purposes of the Executive Committee are as follows: (1) The members of the Executive Committee are the City of Roanoke City Manager; the Town of Vinton, Town Manager; the Roanoke County, County Administrator; the Botetourt County, County í Administrator; or their respective designee; plus a member appointed by the chief executive of the locality that is serving as Host Locality. The initial Host Locality is the City of Roanoke. (2) The Executive Committee will meet at least quarterly, once the Regional Pound established hereunder becomes operational. Special meetings may be called by any two members by actual notice delivered to all members at least 48 hours prior to the meeting date, or may be held at any time upon attendance at meetings by all members. (3) A quorum necessary to take action at any meeting shall be three (3) members, or their officially-appointed designees. A majority vote of the members in attendance shall decide any issue presented unless otherwise set forth in this Agreement. (4) The Executive Committee will insure that the operation of the facility meets all requirements of state and federal laws and regulations pertaining to such facilities; insure that all operations and staffing of the facility meet the requirements of any state or federally-issued permit; insure that the use, care, and maintenance of the equipment in the facility meet the manufacturer’s recommendations; insure that the building and grounds are properly maintained and that repairs, when needed, are promptly done; and generally give direction to the shelter manager with respect to the above. (5) The chair of the Executive Committee shall alternate between the Roanoke City Manager, Vinton Town Manager, Roanoke County Administrator and Botetourt County Administrator. The Roanoke County Administrator shall be the chairman for the first two years, followed by the Roanoke City Manager for two years, the Vinton Town Manager, for two years and the Botetourt County Administrator for two years, with the rotation continuing in similar fashion for the life of this Agreement. (6) The meetings of the Executive Committee shall be conducted pursuant to the parliamentary procedures as set forth in “Roberts Rules of Order.” (7) The Executive Director shall make available to the Executive Committee or any of its sub- committees all records, work sheets, financial records, and documents or instruments of any nature, regarding and pertaining to the operation, maintenance or fiscal affairs of the Regional Pound, and the shelter manager shall follow and adhere to decisions made by the Executive Committee. (8) An Operating Committee is hereby established as a sub-committee to the Executive Committee. The Operating Committee shall consist of the chief animal control officer from each of the Participating Localities. The Operating Committee shall prepare and recommend operational guidelines of the Regional Pound for consideration by the Executive Board. The Operating Committee will also meet with the Executive Director at least once a month for the remainder of the fiscal year and for the first full fiscal year. The Operating Committee will report to the Executive Committee the status of the operations of the Regional Pound at each meeting of the Executive Committee. Sec. 4-4. Dispute Resolution. Any dispute, disagreement, or controversy arising among the parties hereto as to the operation of the Regional Pound, if not resolved by the parties within thirty (30) days of the date of such dispute, disagreement or controversy arose, may be resolved through non-binding mediation. ì ARTICLE V.WITHDRAWAL OF A PARTY AND/OR TERMINATION OF AGREEMENT. Sec. 5-1. Withdrawal. Any participating locality under this Agreement may withdraw and terminate such locality’s participation in the Roanoke Valley Regional Pound Agreement only as set forth herein by: (1) Such party’s governing body must take appropriate action by ordinance or resolution authorizing such withdrawal and termination; and (2) The party seeking to withdraw from such party’s participation shall deliver in person or by U.S. certified mail return receipt requested a formal written notice to the Chief Executive Officer of the other localities to this Agreement on or before June 30 of the then current fiscal year, but which notice shall not be effective until midnight on June 30 of the following fiscal year. The purpose of this notice requirement is to give the nonwithdrawing party or parties at least twelve (12) months notice of the withdrawing locality’s decision to no longer participate in the Executive Committee and Agreement. Sec. 5-2. Responsibility of Compliance. Any locality to this Agreement who gives a notice of withdrawal shall be responsible for complying with such Agreement until the effective date of the withdrawal notice as referred to in Section 5-1 above. Sec. 5-3. Withdrawing Locality’s Interest in Assets. Any locality withdrawing from the Executive Committee and terminating such locality’s participation in the Agreement shall not be entitled to and shall not receive any financial or other compensation, adjustment, or credit of any type for the value of equipment, assets, grant or other funds, real, personal, tangible or intangible property, accounts receivable, or any other items the Executive Committee may own or control or that may be used or held for the benefit of the Regional Pound or the Executive Committee. Further, any locality withdrawing from the Executive Committee shall also relinquish any and all interest in the property it has under Article I of this Agreement. Sec. 5-4. Future Operation of Regional Pound. Upon a participating locality’s notification of withdrawal to the other localities, the nonwithdrawing localities, in their sole discretion, may continue the operations of the Regional Pound under the Agreement with such modifications as they deemed appropriate or under a new agreement that such nonwithdrawing localities deem appropriate. However, such modifications or new agreement shall not alter the financial obligations of the withdrawing locality. The withdrawing locality shall have no vote or right to object to the actions of the nonwithdrawing localities regarding the matters referred to in the prior sentence. The withdrawing locality shall also have no further right to use or receive the benefits of the Regional Pound operations after the effective date of withdrawal. Sec. 5-5. Cooperation upon Withdrawal. The withdrawing locality shall cooperate with the nonwithdrawing localities in order to provide for a smooth transition of operations and control to such nonwithdrawing localities, including, but not limited to, executing any documents and/or providing any information the nonwithdrawing localities may reasonably request. Sec. 5-6. Rights of the Surviving Localities. If at any time the surviving localities decide to no longer operate the Regional Pound, such localities may do so only upon such terms and conditions as such localities deem appropriate in accordance with the direction of the governing body of each surviving locality. ë Sec. 5-7. Right to Rescind Notice of Withdrawal. Any withdrawing locality may rescind such locality’s notice to withdraw only during the first 60 days after the date such notice was given. After such 60 day time period, the withdrawing locality may only request that such withdrawal notice be rescinded, but any such rescission request shall require the written consent of all of the nonwithdrawing localities. Sec. 5.8. Withdrawing Localities responsibility for Debt Service. The withdrawing locality shall continue to be responsible for its share of any debt for capital improvements made to the Regional Pound and any allocation of debt service payments based upon the percentage cost sharing in Article II for one year following its withdrawal from this Agreement. ARTICLE VI. MISCELLANEOUS Sec. 7-1. Effective Date. The effective date of this agreement shall be April 1, 2013, provided that any zoning, use, or other permits required to be obtained from any jurisdiction of government must be approved and in place before the effective date shall be deemed to have occurred. Sec. 7-2. Notices. Notices hereunder shall be sent by certified mail to the respective parties to the following officers or their successors: ___________________, County Administrator COUNTY OF ROANOKE, VIRGINIA _____________ Roanoke, VA 24_____ Copy to: Paul Mahoney, County Attorney COUNTY OF ROANOKE, VIRGINIA _____________ Roanoke, VA 24_____ Christopher P. Morrill, City Manager CITY OF ROANOKE, VIRGINIA P.O. Box 58 Roanoke, VA 24402 Copy to: Daniel J. Callaghan, City Attorney CITY OF ROANOKE, VIRGINIA P.O. Box 58 Roanoke, VA 24402 ________________, Town Manager TOWN OF VINTON, VIRGINIA ____________ Vinton, VA 24____ Copy to: Elizabeth Dillon, Town Attorney TOWN OF VINTON, VIRGINIA ____________ Vinton, VA 24____ ê ___________________, County Administrator COUNTY OF BOTETOURT, VIRGINIA _____________________ _______________, VA 24_____ Copy to: Elizabeth Dillon, County Attorney COUNTY OF BOTETOURT, VIRGINIA _____________________ _______________, VA 24_____ Sec. 7-3. Captions and Headings. The section captions and headings are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Sec. 7-4. Counterpart Copies. This Agreement may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. Sec. 7-5.Severability. The invalidity, illegality or unenforceability of any provision of this Agreement as determined by a court of competent jurisdiction shall in no way affect the validity, legality or enforceability of any other provision hereof. Sec. 7-6. Waiver. No failure of any party to insist on strict observance of any provision of this Agreement, and no custom or practice of the parties at variance with the terms hereof, shall be deemed a waiver of any provision of this Agreement in any instance. Sec. 7-7. Governing Law. This Agreementshall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. Sec. 7-8. Entire Agreement. This Agreement and the attachments hereto constitute the full agreement among the parties. This agreement may only be amended by written amendment adopted by each of the participating governing bodies. (Signature Page to Follow.) é IN WITNESS WHEREOF, the parties hereto have set their signatures and seals this the day and year first above written. CITY OF ROANOKE, VIRGINIA By:___________________________(SEAL) Mayor ____________________________________ Clerk TOWN OF VINTON, VIRGINIA By:___________________________(SEAL) Mayor Attest: ____________________________________ Clerk COUNTY OF ROANOKE, VIRGINIA By:___________________________(SEAL) Chairman of the Board of Supervisors Attest: ____________________________________ Clerk COUNTY OF BOTETOURT, VIRGINIA By:___________________________(SEAL) Chairman of the Board of Supervisors ____________________________________ Clerk STATE OF VIRGINIA, AT LARGE CITY OF ROANOKE, to-wit: The foregoing instrument was acknowledged before me this ___ day of ____________, 2012, by è _____________________________, Mayor of the City of Roanoke, Virginia, and likewise attested by ___________________, Clerk of the Council of said City, on behalf of the City of Roanoke. My commission expires:__________________________ _______________________________________ Notary Public STATE OF VIRGINIA, AT LARGE COUNTY OF ROANOKE, to-wit: The foregoing instrument was acknowledged before me this ___ day of ____________, 2012, by _____________________________, Mayor of the Town of Vinton, Virginia, and likewise attested by ___________________, Clerk of the Council of said Town, on behalf of the Town of Vinton. My commission expires:__________________________ _______________________________________ Notary Public STATE OF VIRGINIA, AT LARGE COUNTY OF ROANOKE, to-wit: The foregoing instrument was acknowledged before me this ___ day of ____________, 2012, by _____________________________, Chairman of the Board of Supervisors for the County of Roanoke, Virginia, and likewise attested by __________________, Clerk of the Board of Supervisors for said County, on behalf of Roanoke County. My commission expires:__________________________ _______________________________________ Notary Public STATE OF VIRGINIA, AT LARGE COUNTY OF BOTETOURT, to-wit: The foregoing instrument was acknowledged before me this ___ day of ____________, 2012, by ç _____________________________, Chairman of the Board of Supervisors for the County of Botetourt, Virginia, and likewise attested by ____________________, Clerk of the Board of Supervisors for said County, on behalf of Botetourt County. My commission expires:__________________________ _______________________________________ Notary Public ïð AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMNISTRATION CENTER, TUESDAY, DECEMBER 11, 2012 ORDINANCE AMENDING CHAPTER 12 – MOTOR VEHICLES AND TRAFFIC OF THE ROANOKE COUNTY CODE BY THE ADDITION OF ARTICLE VII. MOPEDS WHEREAS, Section 46.2-915.2 allows local governing bodies to adopt an ordinance to require certain safety equipment for persons operating mopeds on public streets; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, finds that more citizens are operating mopeds due to increased fuel and operating costs; and WHEREAS, the Board of Supervisors of Roanoke County finds that public safety will be enhanced and serious head injuries will be reduced by the adoption of this ordinance; and WHEREAS, the first reading of this ordinance was held on November 13, 2012, and the second reading was held on December 11, 2012. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Chapter 12 – Motor Vehicles and Traffic be amended by the addition of Article VII. Mopeds to read and provide as follows: Article VII. Mopeds Sec. 12-135. – Definition. "Moped" means every vehicle that travels on not more than three wheels in contact with the ground that has (i) a seat that is no less than twenty-four (24) inches in height, measured from the middle of the seat perpendicular to the ground and (ii) a gasoline, electric, or hybrid motor that displaces less than fifty (50) cubic centimeters. For purposes of this title, a moped shall be a motorcycle when operated at speeds in excess Page 1 of 2 of thirty-five (35) miles per hour. For purposes of Chapter 8 (§ 46.2-800 et seq.), a moped shall be a vehicle while operated on a highway. Sec. 12-136. – Safety equipment for mopeds. Every person operating a moped on a public street or highway in the county shall wear a face shield, safety glasses, or goggles of a type approved by the Superintendent of the Virginia State Police or have his moped equipped with safety glass or a windshield at all times while operating such vehicle, and operators and passengers thereon, if any, shall wear protective helmets of a type approved by the Superintendent. Sec. 12-137. – Penalties for violation. Any person who knowingly violates any such ordinance shall be guilty of a traffic infraction and be subject to a fine of not more than fifty dollars. 2. This ordinance shall be in full force and effect from and after its adoption. Page 2 of 2 proposed budget in order to complete the first years funding and begin the second year funding which would commence on January 1, 2014. As directed at the November 13, 2012, meeting, the matter of how much the County will provide to fund the Center has been clarified (Section 7) and what type of maintenance will be the responsibility of the volunteers is clarified (Section 10). ALTERNATIVES: 1. Reject the proposed lease ordinance. 2. Approve the ordinance after second reading and public hearing. 3. Authorize the County Administrator and/or County Attorney to renegotiate the proposed lease with the Bent Mountain Center group. STAFF RECOMMENDATION: Recommend approval of Alternative 2. Page 3 of 3 ? îðï¬? ? ݱ«²¬§ ? <? Ò±²ó = ? ? ? ? ? ? ? ? ¬¸»®»± ñ < ? ? ? = < = ? ¬®« < < < «® < É Ð 3 £ø 3- ¬< = ? ? ? ? ? ±¬ < < «< = ? Ü<®® ? < ª< = ? ? ? < ? ? ? < ? ? ? ? < É Ð 2 £ø 3- ? ? ? ? ? ? < © < ©:¦ ¬ ç÷? ? < ©< = ? ? ó ? ? ? < < ? ? ? ¨< ? = ? ? < ? ? ? < < ? ? ? ? É Ð 1 £ø 3- ? < ? ? ? ? ? ? < §< = ? Ü«¬?®®® ? ? ? < ? < ? < Ü«¬?®®® ? ? < ? ? = ? ? ? < ? Ü©?®®® ? ® < < < É Ð 0 £ø 3- ¦< = ? ? < :< ? < < ? ? ? ? ? ? ? ? ? ? ? < ? < : ? < ? ? ? ? ? ? ? ? ? ? ? ? Ü?®®®?®®®<®® ? Ü©®®?®®®<®® ? < ? ? < < ? :> ? ? É Ð / £ø 3- < ? ? ? ? ? ? ? ? ? ? ? < ? ? ? ? < ¥< = ? < ? < ? < < É Ð . £ø 3- ? ? ? ? ? ? ? ? ? < ®< ? ? = ? ? ? º· ? ? ? ¿²¼ < < ? < ? ? ? ? ? ? < ? < < ? < < < : ©© < < ? ? ? < ? ? < ? ? ? ? ? ? É Ð - £ø 3- < < < < < ? < ? ? < ? ? ? ? ? ? ? ? ? < = ? < ? ? < < ? ? ? < ? ? ? ? ? ? ? < É Ð , £ø 3- < ÝÌ ? ? ? ? ? ? = ? ? ? ? < ë ? : ¬ª < ? < ? < ? ? · < ¿´ ? < < < ¬< ? ? É Ð + £ø 3- < «< = ? ? : ? = > > ? ? > > ? ? > ? ® > ©® > < ? < ª< ? ? < ©< = ? ? ? ? ë < ? ? ë ? ? ? ? ? ? ? É Ð 34 £ø 3- ? ? ? < ? ? ? ± ? ? ë ? < ? ? ? ? ? < ? ? ? < ë < ? ê ê ? ? ? < ê ê ê ê? ê ê? ê ê ? ê ê ? ? ? ë ë? ? ? ? ? < ? ? ê ê ë < ? ? < < ¨< ë ? ? ? ? ? ? ? ? ? ? ? ? ? ? < É Ð 33 £ø 3- §< < ? ? ? ? ? ? ? ? < ¦< = ? = ? ? > ¥® ? ë ? ? ? ? : > ? ? ? »? ? ¬ ? ? ë > ? ? ? ? ë ? ? ? ? ? ? > ë ? ? É Ð 32 £ø 3- < «® < < < ¥< ? ? ? ? ? : < < = ? ë ? ? > ë > ? > ? ë < ê ê ê ê ? ? ? ? < ? < < É Ð 31 £ø 3- ? < < ¬®< < ¬< < ¬¬< ? ? ? ? < ¬«< ? ? ? ? ? ? ? < ¬ª< ? < É Ð 30 £ø 3- < = ¬¨ îïëí = ©ª® «¦§:¨¬®® = < < ¬¥¦®® ? ¬ª®¦ = ? ¥ª¬¦ ? ¬ª®©¥ ¬©< = < < ? < < < ? ? < îêò ? < É Ð 3/ £ø 3- îéò < ? ? ? ? ? < ìììì ìì ììììììììì? ¬®¬< ? ? < ÝÑËÒÌÇ= = = = ìììììììì ìììììì? ¬®¬ = < ? = ììììì ììììì? ¬®¬? < ? ? ? ? < = ìÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ = É Ð 3. £ø 3- = = = ììììì ììììì? ¬®¬? ììììììììììì ? = ììììììììììììììììììì = ììììììììììììììììììì É Ð 3- £ø 3- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 11, 2012 ORDINANCE AUTHORIZING THE LEASE TO BENT MOUNTAIN CENTER INC. FOR ONE YEAR (PLUS OPTION TO EXTEND FOR ADDITIONAL ONE-YEAR PERIODS) OF THE BENT MOUNTAIN ELEMENTARY SCHOOL, AND APPROPRIATING FUNDS WHEREAS, at their meeting on November 10, 2011, the County School Board declared the Bent Mountain Elementary School, a 9.15 acre parcel of real estate, to be surplus property; and WHEREAS, by the adoption of Ordinance No. 011012-8 the Board accepted the conveyance of this property to the County, and the deed conveying the school property to the Board of Supervisors of Roanoke County was recorded in February of 2012; and WHEREAS, the Bent Mountain Center, Inc. has submitted a proposal to lease a portion of the Bent Mountain Elementary School property the Board of Supervisors; and WHEREAS, the Board of Supervisors finds that leasing a portion of the Bent Mountain Elementary School to the Bent Mountain Center, Inc., a 501C organization consisting of residents of the Bent Mountain community who are interested in preserving this structure as a community center will benefit the community; and BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading concerning the disposition of the herein-described real estate was held on November 13, 2012; the second reading and public hearing was held on December 11, 2012; and Page 1 of 2 2. That the lease of a portion of the Bent Mountain Elementary School consisting of approximately ___________ square feet and the adjoining parking area located at 10148 Tinsley Lane, Bent Mountain, Virginia is hereby authorized and approved; and 3. That it is in the County’s best interests to lease this property to Bent Mountain Center, Inc. for one year with additional one-year lease terms. This lease is subject to the provisions of Section 2.03 and 18.04 of the Roanoke County Charter. The annual rental for this property is One Dollar ($1.00); and 4. That the rental income will be appropriated to an account for expenses related to the maintenance of this property. Funds in the amount of fifteen thousand dollars ($15,000) are hereby appropriated from the June 30, 2012, year-end balance for first year operating expenses, and that the County will pay up to fifteen thousand dollars ($15,000) of future year’s operating expenses if this lease term is extended. 5. That the County Administrator, or his designee, is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish this transaction, all of which shall be upon a form approved by the County Attorney. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 11, 2012 ORDINANCE AUTHORIZING THE VACATION OF AN EXISTING TWENTY (20)–FOOT STORMWATER MANAGEMENT EASEMENT AS SHOWN ON THE PLAT OF KINGSTON ESTATES, RECORDED IN PLAT BOOK 26, PAGE 16 IN THE ROANOKE COUNTY CIRCUIT COURT CLERK’S OFFICE, SAID STORMWATER MANAGEMENT EASEMENT LOCATED OFF CAMBRIDGE COURT ROAD BETWEEN LOTS 58 AND 59 AND THE APPROVAL OF THE DEDICATION OF A NEW VARIABLE WIDTH STORMWATER MANAGEMENT EASEMENT LOCATED OFF CAMBRIDGE COURT ROAD BETWEEN LOTS 59 AND 60 OF THE SAID SAME SUBDIVISION, VINTON MAGISTERIAL DISTRICT WHEREAS, the plat of Kingston Estates, recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 26, page 16, established a 20-foot wide stormwater management easement between Lots 58 and 59; and WHEREAS, an alternate stormwater management easement has been dedicated and approved by the County by deed of easement (Instrument #201213831); therefore the stormwater management easement described above established in Plat Book 26, page 16 is no longer needed; and WHEREAS, the developer and property owners of Lots 58, 59 and 60 have requested the vacation of the stormwater management easement because of the steepness of the current easement; and WHEREAS, the stormwater management easement is more clearly indicated as “20’ (To Be Vacated) Stormwater Management Facility Easement” on a drawing entitled “Kingston Estates Vacation of an existing 20’ Stormwater Management Easement and approval of a new variable width Stormwater Management Easement” 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 disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on November 13, 2012, and a second reading and public hearing of this ordinance was held on December 11, 2012. 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the subject real estate (20’ wide stormwater management easement which was dedicated by plat of Kingston Estates recorded in Plat Book 26, page 16 and shown on the attached Exhibit A) is hereby declared to be surplus and it will be replaced by a new easement in a different location. 3. That the subject real estate (20’ wide stormwater management easement which was dedicated by Kingston Estates recorded in Plat Book 26, page 16 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 ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with Section 15.2-2272 of the Code of Virginia (1950, as amended). Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, DECEMBER 11, 2012 ORDINANCE AUTHORIZING THE GRANTING OF AN ELECTRIC UTILITY EASEMENT TO APPALACHIAN POWER ON PROPERTY OWNED BY THE ROANOKE COUNTY BOARD OF SUPERVISORS (TAX MAP NO. 055.13-01-02.02) FOR THE PURPOSE OF AN UNDERGROUND ELECTRIC POWER LINE TO THE GLENVAR LIBRARY LOCATED AT 3917 DAUGHERTY ROAD, CATAWBA MAGISTERIAL DISTRICT WHEREAS, Appalachian Power Company (AEP) requires a permanent utility easement for purpose of providing electrical service to the newly constructed Glenvar Library from an existing overhead electric line; and WHEREAS, granting this utility easement for an underground electric line is necessary for the operation of the Glenvar Library; and WHEREAS, the proposed utility easement to the Glenvar Library will serve the interests of the public and is necessary for the public health, safety and welfare of the citizens of Roanoke County. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on November 13, 2012, and the second reading and public hearing of this ordinance was held on December 11, 2012. 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the interest in real estate to be conveyed is hereby declared to be surplus, and is hereby made available for other public uses by conveyance to Appalachian Power Company for a utility easement. Page 1 of 2 3. That donation to Appalachian Power Company of a utility easement for purpose of an underground electric line, as shown on a plat titled “Proposed Right of Way on Property of Roanoke County Board of Supervisors”, prepared by Appalachian Power Company and dated 10/24/12, is hereby authorized and approved. 4. That the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 11, 2012 RESOLUTION ESTABLISHING A MEETING SCHEDULE FOR THE BOARD OF SUPERVISORS OF ROANOKE COUNTY FOR CALENDAR YEAR 2013 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That for calendar year 2013, the regular meetings of the Board of Supervisors of Roanoke County, Virginia, are set forth below with public hearings scheduled for 7:00 p.m. unless otherwise advertised. Tuesday, January 8, 2013 at 3 pm Tuesday, January 22, 2013 at 3 pm and 7 pm Tuesday, February 12, 2013 at 3 pm Tuesday, February 26, 2013 at 3 pm and 7 pm Tuesday, March 12, 2013 at 3 pm Tuesday, March 26, 2013 at 3 pm and 7 pm Tuesday, April 9, 2013 at 3 pm Tuesday, April 23, 2013 at 3 pm and 7 pm Tuesday, May 14, 2013 at 3 pm Tuesday, May 28, 2013 at 3 pm and 7 pm Tuesday, June 11, 2013 at 3 pm Tuesday, June 25, 2013 at 3 pm and 7 pm Tuesday, July 9, 2013 at 3 pm Tuesday, July 23, 2013 at 3 pm and 7 pm Tuesday, August 13, 2013 at 3 pm Tuesday, August 27, 2013 at 3 pm and 7 pm Tuesday, September 10, 2013 at 3 pm Tuesday, September 24, 2013 at 3 pm and 7 pm Page 1 of 2 Tuesday, October 8, 2013 at 3 pm Tuesday, October 22, 2012 at 3 pm and 7 pm Tuesday, November 12, 2013 at 3 pm and 7 pm Tuesday, December 10, 2013 at 3 pm 2. That the organizational meeting for 2014 shall be held on Tuesday, January 14, 2014, at 2:00 p.m. 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 DATE: December 11, 2012 AGENDA ITEM: Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Patricia A. Artz, Deputy Sheriff- more than twenty (20) years of service SUBMITTED BY: Deborah C. Jacks Clerk to the Board APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Patricia A. Artz, Deputy Sheriff-November 1, 2012, after more than twenty (20) 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, DECEMBER 11, 2012 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO PATRICIA A. ARTZ, DEPUTY SHERIFF – LIEUTENANT (SHERIFF’S OFFICE), UPON HER RETIREMENT AFTER MORE THAN TWENTY (20) YEARS OF SERVICE WHEREAS, Patricia A. Artz was hired on April 13, 1992, and has worked as a Deputy Sheriff-Sergeant, Deputy Sheriff – Court Bailiff, Deputy Sheriff – Classification, Deputy Sheriff – Master Deputy, Deputy Sheriff, Deputy Sheriff-Master Deputy and Deputy Sheriff – Lieutenant (Sheriff’s Office) during her tenure with Roanoke County; and WHEREAS, Ms. Artz retired on November 1, 2012, after twenty (20) years and seven (7) months of devoted, faithful and expert service with the County; and WHEREAS, during her time serving Roanoke County, Ms. Artz embraced education and earned her certification as an instructor for the Departmental of Criminal Justice Services and earned a Bachelor of Science Degree in Criminal Justice from Bluefield College; WHEREAS, Lieutenant Artz has always been fair, treating each issue in an ethical manner and in accordance with County values, policies and procedures. 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 PATRICIA A. ARTZ Roanoke County to for twenty (20) years and seven (7) months of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. 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, DECEMBER 11, 2012 RESOLUTION ACCEPTING A PORTION OF GLENMARY DRIVE AND CORPORATE CIRCLE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) SECONDARY SYSTEM WHEREAS, the streets described on the attached VDOT 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 County, whichever occurs last in time; and BE IT FURTHER RESOLVED, this Board hereby guarantees the performance of the street(s) requested herein to become a part of the State maintained secondary system of state highways for a period of one year from the date of the acceptance of the referenced streets by VDOT into the secondary system of state highways. This Board Page 1 of 2 will reimburse all costs incurred by VDOT up to and including the amount of $24,000 to repair faults in the referenced street(s) and related drainage facilities associated with workmanship or materials as determined exclusively by VDOT; and 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 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 11, 2012 RESOLUTION ACCEPTING RIVER RIDGE COURT, RIVER OAKS DRIVE AND A PORTION OF MILLWHEEL DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached VDOT 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; and 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 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 11, 2012 RESOLUTION ACCEPTING HIGH GATE LANE, FOXFIELD CIRCLE AND A PORTION OF MILLWOOD DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) SECONDARY SYSTEM WHEREAS, the streets described on the attached VDOT 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; and 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 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 11, 2012 RESOLUTION RECOGNIZING THE RETIREMENT OF MICHAEL J. FOSBRE, PROBATION OFFICER WITH THE DRUG COURT, TWENTY- THIRD JUDICIAL CIRCUIT COURT, UPON HIS RETIREMENT AFTER SEVENTEEN (17) YEARS OF SERVICE WHEREAS Governor Robert F. McDonnell has recognized September 2012 as Alcohol and Drug Addiction Recovery Month in the Commonwealth of Virginia; and WHEREAS the Twenty-Third Judicial Circuit Drug Court is the first Drug Court in Virginia, having started in 1995; and WHEREAS Michael J. Fosbre has been a Probation Officer with that Drug Court since its inception, and is the only person who has remained continuously and actively involved with that Drug Court since its inception; and WHEREAS, consequently, Michael J. Fosbre is presently the longest serving person with a Drug Court in the history of the Commonwealth; and WHEREAS Michael J. Fosbre has served the Twenty-Third Judicial Circuit with the utmost skill, compassion and dedication for seventeen (17) years; and WHEREAS Michael J. Fosbre has rendered an invaluable service to all participants in the Drug Court Program, including over seven hundred who have graduated with increased productivity and sobriety, regained custody, paid court costs and reduced recidivism. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County does hereby recognize the honorable service of Michael J. Fosbre upon his retirement. Page 1 of 2 FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. Page 2 of 2 S AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 11, 2012 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