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HomeMy WebLinkAbout12/11/2012 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 11, 2012 RESOLUTION 121112 -1 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 hertime 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 Page 1 of 2 :V! I 14 M � r VI-W _ -- �ZT . I . . . . . .... iMP - � ma TIM I tT -ME " IV jai i _ � T I � � I'm KI nA sI-w 7is) I- M-� ACTION NO. A- 121112 -10.a ITEM NO. K.2 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: Confirmation of appointments to the Blue Ridge Behavioral Healthcare Board of Directors; Social Services Advisory Board and the Western Virginia Regional Jail Authority SUBMITTED BY: Deborah C. Jacks Clerk to the Board APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Blue Ridge Behavioral Healthcare Board of Directors During the closed meeting on November 13, 2012, the Board of Supervisors recommended the appointment of Jessica Webb, Roanoke County's CSA Coordinator for a three -year term. Ms. Webb has agreed to serve. The Executive Director of Blue Ridge Behavioral Healthcare has recommended Daniel E. Karnes be reappointed as a member of the Board of Directors for a second three - year term beginning January 1, 2010. 2. Social Services Advisory Board Supervisor Elswick has recommended the appointment of Gwen Vieth to represent the Windsor Hills Magisterial District. This is a four -year term and will expire July 31, 2016. 3. Western Virginia Regional Jail Authority During their closed meeting on November 13, 2012, the Board of Supervisors recommended the reappointment of the following for an additional one -year term to Page 1 of 2 expire on December 31, 2013. B. Clayton Goodman as the Alternate Administrative Official for Roanoke County Rebecca Owens as the Administrative Official for Roanoke County Michael W. Altizer as the Elected Official for Roanoke County Joseph B. "Butch" Church as the Alternate Elected Official for Roanoke County Sheriff Mike Winston as the Sheriff Major Charles Poff, Chief Deputy as alternate Sheriff position VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. cc: B. Clayton Goodman III, County Administrator Michael Winston, Sheriff Major Charles Poff, Chief Deputy Rebecca Owens, Director of Finance Joyce Earl, Director of Social Services Tim Stellar, Executive Director of Blue Ridge Behavioral Healthcare Page 2 of 2 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Church z ❑ ❑ Mr. Elswick z ❑ ❑ Mr. Flora z El El cc: B. Clayton Goodman III, County Administrator Michael Winston, Sheriff Major Charles Poff, Chief Deputy Rebecca Owens, Director of Finance Joyce Earl, Director of Social Services Tim Stellar, Executive Director of Blue Ridge Behavioral Healthcare 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 121112 -10.b 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 - p T77 M, -Z , um ;I 1, Fill II: mipi ol Qr jjL z � y IZ 111111111 7 'Kj Nff A& V-1,77 I I r(�MU-j ! vim . , q p ,, � . F �} s i- I I - . 11�11 - A . 1 -0 -- � :1 . . N.MIAN, 30 w i urn w ACTION NO. A- 121112 -10.c ITEM NO. K.4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 11, 2012 AGENDA ITEM: Request to accept and appropriate $61,470.61 to Roanoke County Schools SUBMITTED BY: Brenda Chastain Clerk to the Roanoke County School Board APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Roanoke County Schools and Virginia Western Community College (VWCC) have an agreement whereby the college provides college level courses in English, US History, AP Calculus and certain technical and science subjects. These courses are taught by Roanoke County teachers who meet the college's criteria for adjunct professors. Monies that have been collected exceed the expenses; therefore, there is a request for these additional funds to be appropriated. Roanoke County Schools collected $181,900 tuition from 1249 students. VWCC will reimburse $391,288.19 for services rendered (teachers, administrating expenses, rooms, utilities, and maintenance). Roanoke County Schools owes VWCC $521,717.58 for tuition and technology fees and college service fees. The difference between what was collected and what was spent is $51,470.61. 2. In 1994, The School Board of Roanoke County, Virginia was granted a license by the Federal Communications Commission (RCC) for use of four (4) channels to broadcast educational programming. This license can be renewed every ten (10) years and is currently in effect through August 30, 2013. In recent years, the FCC has changed the purpose of this spectrum to allow broadband Internet access. Page 1 of 3 Under FCC guidelines, educational institutions can lease excess, unused capacity on lines they own. On May 27, 2009, the School Board entered into a lease with DigitalBridge Spectrum Corp (DBC). The annual lease payment due and payable to the School Board was not paid by the due date of January 10, 2012. On February 8, 2012, Robert H. Jackson, School Board attorney contracting with Reed Smith, sent a Notice of Default letter to DBC requesting their prompt attention to this matter. DBC notified our attorney of a pending sale of a division of the company that if finalized would improve their cash flow and allow them to pay their outstanding payment to the school system. However, in September 2012 DBC acknowledged that they could not satisfy their debts and the company had closed. Based on the defaulted lease, our attorney, Mr. Jackson, pursued other leasing opportunities and was able to negotiate an opportunity to lease with Clearwire Spectrum Holdings III LLC (Clearwire) as part of a package deal that included the Electronic Business Set (EBS) lines for both Salem City Schools and Roanoke County Schools. Clearwire has an established presence in the Roanoke Valley although their coverage area is somewhat limited in the County of Roanoke. Clearwire intends to expand their coverage area and therefore, the use of our EBS lines is desirable. A one -time payment of $10,000 will be received from Clearwire upon commencement of the agreement and approval by the FCC. In addition, Clearwire will pay monthly payments of $1,250 with an annual increase of three percent (3 %) and a monthly credit towards Clearwire services, which will be adjusted from $150 to $500 per month as Clearwire completes its network build -out. FISCAL IMPACT: The Instructional Budget will be increased by $51,470.61. The Technology Budget will be increased by $10,000. ALTERNATIVES: None STAFF RECOMMENDATION: Appropriation of funds in the amount of $61,470.61. Page 2 of 3 VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. cc: Brenda Chastain, Clerk to the Roanoke County School Board Rebecca Owens, Director of Finance Page 3of3 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Church � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Flora � ❑ ❑ cc: Brenda Chastain, Clerk to the Roanoke County School Board Rebecca Owens, Director of Finance Page 3of3 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 121112 -10 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM K- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for December 11, 2012, designated as Item K Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 10 inclusive, as follows: 1. Approval of minutes — November 13, 2012 2. Confirmation of appointment to the Blue Ridge Behavioral Healthcare Board of Directors, Social Services Advisory Board 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 - Lieutenant (Sheriff's 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 Sheriff's Office from State Criminal Alien Assistance Program (SCARP), 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 Page 1 of 2 9. Resolution accepting High Gate Lane, Foxfield Circle and a portion of Millwood Drive into the Virginia Department of Transportation (VDOT) Secondary System 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 On motion of Supervisor Altizer to adopt the resolution, and carried by the following r o l l call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None A COPY TESTE: Deborah C. Jacks Clerk to the Board of Supervisors Page 2 of 2 •5iA ' ' al p�: fvz 74 �s' � a�•, � . � fir• � 'ter. r. _ L3 7 a .� at f �. 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 121112 -10.d 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 Roanoke County to PATRICIA A. ARTZ 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 2 Aik I T V NAMY'r, M: ME- 1W. - ACTION NO. A- 121112 -10.e ITEM NO. K -6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: December 11, 2012 Request to accept and appropriate funds in the amount of $2,477 to the Sheriff's Office from State Criminal Alien Assistance Program(SCAAP), approved by the Department of Justice, Bureau of Justice Assistance Michael G. Winston Sheriff B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Sheriff's Office has received approval for a grant, which provides funds from the Department of Justice - Bureau of Justice Assistance. This award will assist in paying for the staffing of our weekender program. FISCAL IMPACT: This grant requires no match. STAFF RECOMMENDATION: Staff recommends accepting and appropriating the SCARP grant from the Department of Justice in the amount of $2,477 to the Sheriff's Office. Page 1 of 2 VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. cc: Michael G. Winston, Sheriff Rebecca Owens, Director of Finance Page 2 of 2 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Church � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Flora � ❑ ❑ cc: Michael G. Winston, Sheriff Rebecca Owens, Director of Finance Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 11, 2012 RESOLUTION 121112 -10.f 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 � � vc,� . . � I � � � �.. 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' "� -.• - - ('-$ ti Nr "I f =0 rf Ile I =A, 49 �,t T _9 pl I At I t k. v ( 1 INA I U1.11" 1�17 IA � M � P 77 1 =ng7*11 kl;�I.l !A'A Mai RDAIC-0- M-7, 177717 1; -7 =77 OU", 71 =477,701 1 aw RMAN, ft'"Alor'.1-14 COMMINi 4011000 ONNOW Casio 0~1 lool&ONI@W •NNIM110 Ilm"t �w are 17llwuw 31i ft" (Okslow Allmlid J)MINOW 411100 4plllmqw 3�Irs Dauffist. *@M@t 441 NNW VISMISO Alpilla IMMIMWII-L MIMEW OP--§* RiAmw whow Lqmmag)F maw rollm� NOMW K%mmoviammm 40 � cffmmmmw Qb" MINOR WAN yin WO IM WAK M ­0 K M- M, W, A I W- � P '- I T M7 aiwl* W-'m- PA a h m 2 4 *-W. 0 AW F- 0 T 1M V" IF 7e j• i 1,7 P77 4 7 77 W" W-0 MIA MN70 - tlt : -v*Pftl-V4 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 121112 -10.g 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 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 Clerk to the Board cc: Arnold Covey, Director of Community Development Brian Epperly, Transportation Engineer Virginia Department of Transportation 1 hereby certify that the foregoing is a - true and correct copy of Resolution 121112 -10.g adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote, on Tuesday, December 11, 2012. n Page 2 of 2 In the County of Roanoke r r . . . . . . . . . . . . r . . w . . . . . W - r r - - w - - - - - - - r - - - - - - - - - r - W - - _ - - - - r r r r - - - - - r r r - - - - - - r r . . . . . . . . . s . . . . . . . . . . . . . . r . By resolution of the governing body adopted December 11, 2012 The following VDOT Form AM -4.3 is hereby attached and incorporate changes in the secondary system of state highways. A Copy Testee Signed (County Official): Report of Changes in the Secondary System of State Hi Ways P rQiQQY5ubdivision River Oaks at Russlen Farm (Section 1 and 2 Type Change to the Secondary System of State Highways: Addition - rhe 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 ♦ Millwheel Drive, State Route Number 1167 Old Route Number: 0 • From: Int. of Route 1475 (River Ridge Court) To: Int. of Route 1477 (River Oaks Drive), a distance of: 0.05 miles. • Recordation Reference: P.B. 28, Page 130 Right of Way width (feet) = 50 Street Name and/or Route Number ♦ Millwheel Drive, State Route Number 1167 Old Route Number: 0 • From: Int. of Route 1162 (Stone Mill Drive) To: Int. of Route 1475 (River Ridge Court), a distance of: 0.06 miles. Recordation Reference: P.B. 26, Page 71 Right of Way width (feet) = 50 St reet Name and/or Route N mb r ♦ River Ridge Court, State Route Number 1475 Old Route Number: 0 • From: Int. of Route 1167 (Millwheel Drive) To: End, Cul -de -sac, a distance of: 0.15 miles. Recordation Reference: P.B. 29, Page 120 Right of Way width (feet) = 40 VDOT Forni AM-43 (4,r20/21)07) Maiiltenancc Division part of the governing body's resolution for Date of Resolution: December 11, 2012 Page 1 of 2 Street Name and/or Route Number ♦ River Oaks Drive, State Route Number 1477 Old Route Number: 0 • From: Int, of Route 1167 (Millwheel Drive) To: End, Cul -de -sac, a distance of: 0.22 miles. Recordation Reference: P.B. 28, Page 130 Right of Way width (feet) = 40 Street Name and/or Route Number . ♦ River Oaks Drive, State Route Number 1477 Old Route Number: 0 • From: Int. of Route 1167 (Millwheel Drive) To: End, Cul -de -sac, a distance of: 0.13 miles. Recordation Reference: P.B. 28, Page 130 Right of Way width (feet) = 40 VDOT Form AM -4.3 (4i20/2007) Maintenance Division Date of Resolution: 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 121112 -10.h 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 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 Deborah C. Jacks Clerk to the Board o upervisors cc: Arnold Covey, Director of Community Development Brian Epperly, Transportation Engineer Virginia Department of Transportation I hereby certify that the foregoing is a true and correct copy of Resolution 121112 -10.h adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote, on Tuesday, December 11, 2012. h ueDoran tom. JacKS I Clerk to the Board of Page 2 of 2 In the County of Roanoke . - s r - . . . - r . . . . - . . . . . . - . . - - . - . . - - . . . . . . . . . - . . . - . . . . - _- . . - - . . . - . . . - - - - . - - - - r . . - - r . . . - - r w . . - - - - - - - - - - - - - - - - By resolution of the governing body adopted December 11, 2012 The following VDOT Form AM -4.3 is hereby attached and incorpo at d as part of the governing body's resolution for changes in the secondary system of state highways. 1^001 A Copy Testee Signed (County Offici Report of Changes in the Secondary System of S Highways Project/Subdivision Foxfield at Russlen Farms Section 1 and 2 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 ♦ Millwood Drive, State Route Number 1159 Old Route Number: 0 • From: Int. of Route 1473 (High Gate Lane) To: Int. of Route 1473 (High Gate Lane), a distance of: 0.13 miles. Recordation Reference: P.B. 27, Page 38 Right of Way width (feet) = 50 Street Name and/or Route Number ♦ High Gate Lane, State Route Number 1473 Old Route Number: 0 • From: Int. of Route 1159 (Millwood Drive) To: Int. of Route 1474 (Foxfield Circle), a distance of: 0.18 miles. Recordation Reference: P.B. 27, Page 38 Right of Way width (feet) = 40 Str eet Name and/or Route Number ♦ Foxfield Circle, State Route Number 1474 Old Route Number: 0 • From: Int. of Route 1473 (High Gate Lane) To: End, Cul -de -sac, a distance of: 0.06 miles. Recordation Reference: P.B. 27, Page 38 Right of Way width (feet) = 40 • VDOT Form ANI -4.3 (4/1 01 2 00 7) Malmenanec Division Date of Resolution: December 11, 2012 Page 1 of 2 Street Name andlor Route Number High Gate Lane, State Route Number 1473 Old Route Number: 0 • From: Int. of Route 1474 (Foxfield Circle) To: Int. of Route 1159 (Millwood Drive), a distance of: 0.08 miles. Recordation Reference: P.B. 27, Page 38 Right of Way width (feet) = 40 Street Name and/or Route Number Millwood Drive, State Route Number 1159 Old Route Number: 0 -------------------------------------------- • From: 0.11 Mi SCL Salem To: Int. of Route 1473 (High Gate Lane), a distance of: 0.07 miles. Recordation Reference: P.B. 25, Page 167 Right of Way width (feet) = 50 VDOT Form AM -4.3 (, 20/2007) Maintenance Division Date of Resolution: 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 121112 -10.i 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. 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 Page 2of2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 11, 2012 RESOLUTION 121112 -11 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 Can motion of Supervisor Flora to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church , Flora NAYS: None ASSENT: Supervisor Elswick veWUrari U. %)ac;K5v Clerk to the Board of upervisors Page 2 of 1 A COPY TESTE: 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 121112 -2 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 pp _ llllr� �: �` �1S ♦i g :� �i °'Z, �} s� F � . � - -�� �' V � � �� {� � LZI =f '1 � 'e�� �` r. i 17r 0-tv all:_m��, - Vit JU -i- =Ja r r. s o�• xs f ice' ` a 3 - �l �limmm'l =�, h: I F-M-Alti-E fit*;O11149A V. I� x F _ l - 1, 1 ,: : I yy w �� �� � �.' � �' r 81; I ��' � �3^' �� � ^� .'.� a�s� � �J � �+I��1 ;ry, �ia �:� _ JJ I�� o- � r i I ' i � � � � o 0 + Il �q IIff kr pi • 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 121112 -3 SUPPORTINGTHE VIRGINIA RECREATIONAL FACILITIES AUTHORITY SEEKING STATE OF VIRGINIA FUNDING TOTALING $300,000 FOR FISCAL YEAR 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 K. C. Bratton, has petitioned the Governor for State funding totaling $300,000; and WHEREAS, the funding w i l l 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 3 7T_ L. W-1 j p= "'_,WPM __L_ n UP F" �¢' m�rr [�h r . ` ° 0 ill'`. pro? + Its $' 1-1 3 L !" = , T" EM . k- '111' A M__ �3 fIIPr I' rr. I- ,.° i l T- i AMP = E ?e v rcy t4v { Q f� lx II = =S e.'V.� 5 eA � - ,su ,3, � �^• dy � "• Akv eu. 'La- �j � : n � �c 9- m1 - °y' U' C17T 74, t 121 11111 r r MTMcTa! &: W�.� UL Tmki I n ai 5 rA , W t -__ • (4 ,V a �'.! ` J v+ �L� .. .�. n� .fiy ACTION NO. A- 121112 -4 ITEM NO. E -3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: December 11, 2012 Vinton War Memorial Monument B. Clayton Goodman III County Administrator B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: By two separate acts, the Roanoke County Board of Supervisors provided the Vinton War Memorial new Monument fund drive $30,000 and $20,000 respectively June 26, 2007 and May 19, 2009. The new monument was erected adjacent to the renovated and expanded Vinton War Memorial building to memorialize those from the area who gave their lives for their Country in World War 11 and the other wars up to the present time. Names of soldiers who were residents of the Town of Vinton as well as Roanoke County will be included on the monument. Since the conception of the memorial, a citizen committee has been charged with raising the necessary funds to pay for the memorial. Board member Mike Altizer has asked that the Board of Supervisors consider a third appropriation from the Board Contingency Fund in the amount of $5,000. This donation would be contingent upon a matching donation from the Town of Vinton and pledge that the County and Town donated funds will be used to help pay for the remaining debt on the memorial. The goal is that with the two government's donations and some additional fund raising by the citizen committee, that the memorial debt can be retired. FISCAL IMPACT: Funds in the amount of $64,350.00 are available in the fiscal year 2012 -2013 Board Contingency Fund. ALTERNATIVES: 1. Approve the suggested donation in amount of $5,000 subject to matching funds from the Town of Vinton and to be paid to reduce the outstanding debt on the Monument debt. Page 1 of 2 2. Not approve the requested donation of $5,000. STAFF RECOMMENDATION: Staff recommends appropriating $5,000 from the fiscal year 2012 -2013 Board Contingency Fund to the Town of Vinton as the County's additional contribution toward retiring the debt of the new Veterans' Monument at the Vinton War Memorial. VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. cc: Rebecca Owens, Director of Finance Page 2 of 2 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Church � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Flora � ❑ ❑ cc: Rebecca Owens, Director of Finance Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 11, 2012 ORDINANCE 121112 -5 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. Page 1 of 3 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 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 2of3 NOW sr III III irlIpili FT � W.- 9� K� ) i � ti gar. =4 f I-Vi =.11" MIT 7 1. WW--- I=- XT a Flo —S�4 q�– 0 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 121112 -6 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 P fib l� � - ,[ 3 � � • �1 Z .sS. e,. � �` SJ,� IY ' ' � � � '� � �'3`"'��' � _ .7' f6' � i�� :�. { �[ 'p' �� � � � �S � 4a' • S �l � Y • � :v' n7 - � V , 8 'da I .'� 15 4 � � m �k , ' e3' � • R�. � �,. IBS,' .9SOa.. �• Y.+ EN• '/! �5' i �a'� �� Z'� - � ' ff• �- e` f ' � P r , L" -r L+� Tm ` 7 y r a# �' ��✓ C� - .� �I 1 y� .I .� � xh - 'i � �� �` �'�"'F r � � - �' .cn 1 � i � T � >�' 'y' lS� � � . � I I� x. A�. ,y s �- 4� �• s�. � ` v-J � y � Z;% * ` r °�" - "1� r � � � � � `Y � ^ "ir �3.' N 'FFY is `•!' p' .�' o'� �'. CS. �- { Ifl ' �r ' . '�� � � I u ' fs 1 � � .x, r � `� cam- � �r �'n: � i � , � I �• F� �' �''�' � tiro � � � {Q � �` � - �s �' : I � � . � � ' � x � �r �' n7 5�4 , Vic' .� . �9�' . �?': �b 7 � '�' 4 � 9,, � ' Mi R 'W I • �L5 cv � � , a. .� r �z� W , [3' � �� � � n ' '�' � '3 ?5�"� '� � 1 {� � MU" � � � �� v.F �+ 7 � S� tom � • �' ice` � . ,y' � '�+ � � � uas" 1('v's � � � � �� � �� i; T' ,: 1 . ..i �[. ,' { i A i 1 v I _ it, =T i ! i ,lam 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 121112 -7 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 3 2. That the lease of a portion of the Bent Mountain Elementary School consisting of approximately 6,000 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 2of3 On motion of Supervisor Elswick to adopt the ordinance, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None IWeD_rA *31 Deborah C. Jacks Clerk to the Board Supervisors cc: Paul M. Mahoney, County Attorney Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 11, 2012 ORDINANCE 121112 -8 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 11 20 ' Stormwater Management Facility Easement (To Be Vacated)" 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. Afirst 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 V! Ma uo Eov H'IMI 0 1 V ail el =1 7 Lrn r Ma 4i P�77 AL V T ff Qm- 4T11 0414� 14 .161 1 A. i4l MIMI! d 7 �7 Pi u , I — 70. �MLIFTA n-, ap W w 11 A I NORTH 553 21 (TbTAL) W N4711'24 "1N t (D " l l� e STGRMWATER MANAGEMENT LOT } LOT57 6 LOT58 L 20' SANITARY SEWER ' EASEMENT � l 1 SEE NOTE 7 1 � %N, 100000010 � 20 STORMV�ATER �10 �' MANAGEMENT 1 FACILITY EASEMENT (TO BE VACATED) � I I cy I LoT59 ! co � 1 r C,r�l�ID GYJ'7 �POAQ - Cn 1 1 (50 R1 NEW 20 ST ORMWATER 1 I ENT EASEMENT: t MANAGEMENT 1 wit - 7. 10 LTBt] r 6 AINAGE / L EXISTiNG 20' ''4� LE WIDTH �- STORMWATER 1 NEW 2 I ACC SS EASEMENT �. tP MANAGEMENT FACILITY .. � L OT61 �P� t3►'0 EASEMENT cl �. 1 s3' 0,008 AC 1 04 / 200,60 1128.58 � � r LINE TABLE LINE LENGTH BEARING L1 41,02 N47'11'24 "W L2 4.97 N17'24'38 "W L3 35.30 S22`0 -6'17 "E EXHIBIT A �� KINGSTON ESTATES ICE COUNTY DEPARTMENT OF Vacation of an existing 20 , Stormwater Mangement Easement COMMUNITY DEVELOPMENT and acceptance a new variable width Stormwater Management Easement. 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 121112 -9 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 irt 174, _ w 1073 -3 *01 J L I lim, �► � �� � � � 'k�� rr- YS � i {� �„ r {� � � M7, �' ' I J flf . � � � '� • �t x� �; � L 7r 7tr ' I � I f l ip ur� ;� ��l 1 4) V -ILI 1 74 1 rt 7 � 7ix ju 1, 1 M*4 _ g¢ 11 ;yy $� 1' °i:a, !� c� . 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