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HomeMy WebLinkAbout8/13/2013 - RegularRoanoke County Board of Supervisors August 13, 2073 INVOCATION: Muttur Sharma The India Heritage Society PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG Disclaimer. "Any invocation that may be offered before the official start of the Board meeting shall be the voluntary offering of a private citizen, to and for the benefit of the Board. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Board and do not necessarily represent the religious beliefs or views of the Board in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Board." Page 1 of 6 1 1 - 1" ", Z 1c e �, Ly Ift %17 M Z ON Roanoke County Board of Supervisors Agenda August 13, 2013 Good afternoon and welcome to our meeting for August 13, 2013. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Thursday at 7:00 p.m. and on Saturday at 4:00 p.m. Board of Supervisors meetings can also be viewed online through Roanoke County's website at www.RoanokeCountyVA.gov. Our meetings are 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 B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS D. BRIEFINGS E. NEW BUSINESS 1. Request for authorization to execute a performance agreement between the County of Roanoke, the Roanoke County Economic Development Authority and Ardagh Metal Packaging USA Inc, Hollins Magisterial District (Jill Loope, Acting Director of Economic Development) 2. Request to approve an increase in funds to $20,000 for a Commercial Matching Grant Program, and transfer previously appropriated funds from the Community Development Planning account to the Economic Development Authority (Jill Loope, Acting Director of Economic Development) Page 2 of 6 3. Request to transfer previously appropriated funds in the amount of $7,993 for the assessment of Appalachian Power Company (APCo) negotiations (Anne Marie Green, Director of General Services) 4. Resolution approving the execution of a Memorandum of Understanding (MOU) between Roanoke County and the Town of Vinton providing for stormwater management facilities post - construction inspection services to the Town of Vinton (Tarek Moneir, Deputy Director of Development Services) 5. Resolution approving the execution of a Memorandum of Understanding (MOU) between Roanoke County and the Town of Vinton providing for stormwater management plan review (Tarek Moneir, Deputy Director of Development Services) F. PUBLIC HEARING AND FIRST READING OF ORDINANCES 1. Ordinance amending Chapter 20 "Solid Waste" of the Roanoke County Code to establish requirements for the trading in of secondhand articles, to require a permit for certain activities, to provide a penalty for violations and to impose a permit fee (Due to time constraints, it is requested that, upon a four - fifths vote of the Board, the second reading be waived and the ordinance adopted as an emergency measure.) (Paul M. Mahoney, County Attorney) G. FIRST READING OF ORDINANCES 1. Ordinance appropriating $10,000 to General Services from the Department of Game and Inland Fisheries for fiscal year 2013/2014 for the purchase of bear resistant garbage containers (Anne Marie Green, Director of General Services) 2. Ordinance approving a telecommunications and facilities licensing agreement with Lumos Networks at the Social Services Building, 220 East Main Street, Salem, Virginia and appropriating $900 annually in lease proceeds to the Salem Bank and Trust Building Account (Anne Marie Green, Director of General Services) 3. Ordinance appropriating $9,583.15 to the Social Services budget for fiscal year 2013 -2014 for additional State funds to be used for training as a result of exceptional departmental performance (Joyce Earl, Director of Social Services; W. Brent Robertson, Director of Management and Budget) Page 3of6 H. SECOND READING OF ORDINANCES 1. Ordinance renewing a contract to provide Commonwealth Attorney's services to the Town of Vinton for the 2013 -2015 fiscal years and appropriation of $10,920 for each year (Rebecca Owens, Director of Finance) 2. Ordinance accepting the conveyance of a parcel of real estate adjacent to the Roland E. Cook Elementary School (Tap Map #60- 16- 19 -39) from the Roanoke County School Board to the Board of Supervisors (Paul M. Mahoney, County Attorney) 3. Ordinance appropriating the Local Government Challenge Grant in the amount of $5,000 from the Virginia Commission for the Arts (W. Brent Robertson, Director of Management and Budget) 1. APPOINTMENTS 1. Capital Improvement Program (CIP) Review Committee (appointed by District) 2. Economic Development Authority (EDA)(appointed by District) 3. Parks, Recreation and Tourism Advisory Commission (appointed by District) 4. Roanoke County Community Leaders Environmental Action Roundtable (RCCLEAR) 5. Roanoke County Stormwater Advisory Committee (appointed by District and At Large) 6. Social Services Advisory Board (appointed by District) J. 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 — July 9, 2013 2. Request to amend the scope of services for the A/E contract with Holzheimer, Bolek and Meehan for additional design work to upgrade flooring and prepare designs and bid documents for an outdoor picnic area at the Glenvar Library Page 4 of 6 3. Confirmation of appointment to the Economic Development Authority (EDA) (appointed by District); Parks, Recreation and Tourism Advisory Commission (appointed by District); Roanoke County Community Leaders Environmental Action Roundtable (RCCLEAR) (appointed by District); Roanoke County Stormwater Advisory Committee (appointed by District and At Large); Social Services Advisory Board (appointed by District) 4. Request for appointment of representative to the Roanoke County Community Policy Management Team (CPMT) 5. Request to approve the donation of seized Roanoke County Police Department vehicles to the Town of Pulaski 6. Resolution initiating a rezoning of two (2) parcels of real estate located on Westmoreland Drive and owned by the Board of Supervisors of Roanoke County, Cave Spring Magisterial District K. REQUESTS FOR WORK SESSIONS L. REQUESTS FOR PUBLIC HEARINGS M. CITIZENS' COMMENTS AND COMMUNICATIONS N. REPORTS 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Report of Claims Activity for the Self- Insurance Program O. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Richard C. Flora 2. Joseph B. "Butch" Church 3. Eddie "Ed" Elswick 4. Charlotte A. Moore 5. Michael W. Altizer P. WORK SESSIONS 1. Work session to discuss alcohol ordinance change for Roanoke County facilities (Doug Blount, Director of Parks, Recreation and Tourism) Page 5 of 6 Q. CLOSED MEETING, pursuant to the Code of Virginia as follows: 1. Section 2.2- 3711.A.1 Personnel, namely discussion concerning appointments to the Roanoke County Stormwater Advisory Committee 2. Section 2.2- 3711.A.3, Discuss or consider the acquisition of real property, namely acquisition of property for use as public park and recreation purposes, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the County R. CERTIFICATION RESOLUTION S. ADJOURNMENT Page 6of6 ACTION NO. ITEM NO. E -1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: August 13, 2013 Request for authorization to execute a performance agreement between the County of Roanoke, the Roanoke County Economic Development Authority and Ardagh Metal Packaging USA Inc, Hollins Magisterial District Jill Loo pe Acting Director of Economic Development B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Ardagh Group is a global leader in glass and metal packaging solutions for most of the world's leading food, beverage and consumer care brands. The company operates over 100 manufacturing facilities in glass and metal technology in twenty -five (25) countries. Ardagh employs 18,000 people and produces approximately 26.6 billion containers a year. A recent long term supply agreement with ConAgra foods is requiring the company to increase capacity in their metal packaging business in the United States. After extensive analysis of available buildings in multiple states, Ardagh has purchased the former Hanover Direct building on Hollins Road to locate their new state of the art can manufacturing operation. This project represents a $93.5 million investment and will create 96 jobs within two years with an average annual salary of at least $40,000 per year. To assist with the project, a three -party performance agreement has been negotiated between Roanoke County, the Roanoke County Economic Development Authority and Ardagh Metal Packaging USA Inc. This agreement will assist Ardagh with their start -up costs and provide increased employment and significant capital investment in Roanoke. Page 1 of 2 The agreement allows for an economic development grant in an amount equal to three years of new local tax revenue to be reimbursed to the company. New local tax revenue is defined as net new real estate, business personal property and machinery and tools taxes generated annually by the project. This is consistent with the County's Public Private Partnership Policy. If the company generates less than the estimated new local tax revenue, then the actual grant for that year shall be less. The three -year period will commence on January 1, 2015. FISCAL IMPACT: Per the performance agreement, the grant will be calculated as a reimbursement based on new tax revenues generated by the project; therefore, the fiscal impact will be in the form of foregone revenue. No new funding is needed for this project. STAFF RECOMMENDATION: Staff recommends authorizing the execution of a performance agreement between the County of Roanoke, the Roanoke County Economic Development Authority and Ardagh Metal Packaging USA Inc. Page 2 of 2 GOVERNOR'S DEVELOPMENT OPPORTUNITY FUND GRANT ROANOKE COUNTY ECONOMIC DEVELOPMENT INCENTIVE GRANT PERFORMANCE AGREEMENT This PERFORMANCE AGREEMENT made and entered this 13th day of August, 2013 by and among the COUNTY OF ROANOKE, VIRGINIA (the "County ") a political subdivision of the Commonwealth of Virginia (the "Commonwealth "), ARDAGH METAL PACKAGING USA INC. (the "Company "), a Delaware corporation authorized to transact business in the Commonwealth, and the ECONOMIC DEVELOPMENT AUTHORITY OF ROANOKE COUNTY, VIRGINIA (the "Authority "), a political subdivision of the Commonwealth. WITNESSETH: WHEREAS, the County has been awarded a grant of, and expects to receive, $750,000 from the Governor's Development Opportunity Fund (a "GOF Grant ") through the Virginia Economic Development Partnership Authority ( "VEDP ") for the purpose of inducing the Company to acquire 56 acres of land and an existing 524,600 approximate square foot industrial facility, and to renovate and equip that existing industrial facility together, (the "Project ") located at 5022 Hollins Road in the County, tax map parcels #039.09 -01- 02.01 -0000 and 038.12 -05- 13.00 -0000 (the "Property "), which has led to, or will lead to, the Company making a significant Capital Investment, as hereinafter defined, and creating a significant number of New Jobs, as hereinafter defined; WHEREAS, to induce the Company to acquire, renovate and equip the Project, the County and the Authority are willing to provide to the Company an Economic Development Incentive Grant (the "Local Grant "); WHEREAS, the County is willing to provide the proceeds of the GOF Grant and the Local Grant (together, the "Grants ") to the Authority with the expectation that the Authority will provide those funds to or for the use of the Company, provided that the Company promises to acquire, renovate and equip the Project and to meet certain criteria relating to Capital Investment and New Jobs; WHEREAS, the County, the Authority and the Company desire to set forth their understanding and agreement as to the payout of the Grants, the use of the proceeds of the Grants, the obligations of the Company regarding the acquisition, renovation and equipping of the Project, Capital Investment, and New Job creation and maintenance, and the repayment by the Company of all or part of the Grants under certain circumstances; WHEREAS, the acquisition, renovation, and operation of the Project will entail a capital expenditure of approximately $93,500,000, with $13,500,000 expected to be expended for real property improvements, and $80,000,000 expected to be expended for machinery, tools and equipment; Ardagh GOF and Local Grant Performance Agreement 062513 WHEREAS, the improvement and operation of the Facility will further entail the creation and Maintenance, as hereinafter defined, of 96 New Jobs at the Project; and WHEREAS, the stimulation of the additional tax revenue and economic activity to be generated by the Capital Investment and New Jobs generally in the Roanoke Valley, and particularly in the County, constitutes a valid public purpose for the expenditure of public funds and is the animating purpose for the Grants: NOW, THEREFORE, in consideration of the foregoing, the mutual benefits, promises and undertakings of the parties to this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties covenant and agree as follows. Section 1. Definitions. For the purposes of this Agreement, the following terms shall have the following definitions: "Capital Investment" means a capital expenditure by or on behalf of the Company in taxable real property, taxable tangible personal property, or both, at the Project, including renovations at the Facility, but excluding the purchase of land and existing real property improvements. The Capital Investment must be in addition to the capital improvements existing at the Property as of July 1, 2013. "Maintain" means that the New Jobs created pursuant to the Grants will continue without interruption from the date of creation through the Performance Date. Positions for the New Jobs will be treated as Maintained during periods in which such positions are not filled due to (i) temporary reductions in the Company's employment levels (so long as there is active recruitment for open positions), (ii) strikes and (iii) other temporary work stoppages. "New Jobs" means new permanent full -time employment of an indefinite duration at the Project for which the standard fringe benefits are paid or provided by the Company for the employee, and for which the Company pays an average annual wage of at least $40,000, before benefits. Each New Job must require a minimum of either (i) 35 hours of an employee's time per week for the entire normal year of the Company's operations, which "normal year" must consist of at least 48 weeks, or (ii) 1,680 hours per year. Seasonal or temporary positions, positions created when a job function is shifted from an existing location in the Commonwealth, and positions with construction contractors, vendors, suppliers and similar multiplier or spin -off jobs shall not qualify as New Jobs. "Performance Date" means December 31, 2016. If the County, in consultation with the Authority and VEDP, deems that good faith and reasonable efforts have been made and are being made by the Company to achieve the Targets, the County may agree to extend the Performance Date by up to 15 months. If the Performance Date is extended, the County shall send written notice of the extension to the Authority, the Company and VEDP and the date to which the Ardagh GOF and Local Grant Performance Agreement 062513 2 Performance Date has been extended shall be the "Performance Date" for the purposes of this Agreement. "Targets" means the Company's obligations to make or cause to be made Capital Investments at the Project of at least $93,500,000 and to create and maintain at least 96 New Jobs at the Project, all as of the Performance Date. "Virginia Code" means the Code of Virginia of 1950, as amended. Section 2. Tar ets. The Company will acquire, renovate, equip and operate the Project in the County, make a Capital Investment of at least $93,500,000, and create and maintain at least 96 New Jobs at the Project, all as of the Performance Date. The development of the Project will be subject to obtaining ordinary and necessary governmental approvals from the County, and any other applicable governmental entity. The County and the Authority hereby strongly encourage the Company to ensure that at least thirty percent (30 %) of the New Jobs are offered to "Residents" of the Commonwealth, as defined in Virginia Code Section 58.1 -302. In pertinent part, that definition includes natural persons domiciled in Virginia or natural persons who, for an aggregate of more than 183 days of the year, maintained a place of abode within the Commonwealth, whether domiciled in the Commonwealth or not. The average annual wage of the New Jobs of at least $40,000 is more than the prevailing average annual wage in the County of $36,182. The Locality is not a high- unemployment locality, having an unemployment rate for 2012, which is the last year for which such data is available, of 5.2 % as compared to the 2012 statewide unemployment rate of 5.9 %. The Locality is not a high - poverty locality, with a poverty rate for 2011, which is the last year for which such data is available, of 8.0% as compared to the 2011 statewide poverty rate of 11.6 %. Section 3. Disbursement of Grants (a) GOF Grant. By no later than September 30, 2013, the County will request the disbursement to it of the GOF Grant. If not so requested by the County by September 30, 2013, this Agreement will terminate. The County and the Company will be entitled to reapply for a GOF Grant thereafter, based upon the terms, conditions and availability of funds at that time. The GOF Grant in the amount of $750,000 will be paid to the County, upon its request. Within 30 days of its receipt of the GOF Grant proceeds, the County will disburse the GOF Grant proceeds to the Authority. Within 30 days of its receipt of the GOF Grant proceeds, the Authority will disburse the GOF Grant proceeds to the Company as an inducement to the Company to achieve the Targets. Ardagh GOF and Local Grant Performance Agreement 062513 The Company will use the GOF Grant proceeds only to pay or to reimburse itself for uses that are permitted by Section 2.2- 115(D) of the Virginia Code, including the build -out of the Project and training expenses. (b) Local Grant. (i) The County, subject to annual appropriation by its Board of Supervisors, shall appropriate to the Authority in three annual installments in years 2016, 2017 and 2018, sums sufficient for the Local Grant for the benefit of the Company. These sums sufficient amounts will equal a total of three years of "New Local Tax Revenues." The term "New Local Tax Revenues," means the total of net new local real estate taxes, Business Personal Property taxes and Machinery & Tools taxes (not including any penalties, late fees or interest) generated annually by the Project over an annual base amount of $122,928 for real estate taxes (the "Base Amount "). The aggregate total amount of the Local Grant is estimated at $2,300,000 (this amount includes the GOF Grant match of $750,000). If the Project generates less than the estimated New Local Tax Revenues in 2015, 2016 and 2017 then the Local Grant shall be less than the estimated aggregate total of $2,300,000 for all three years. If the Project generates more than the estimated New Local Tax Revenues in 2015, 2016 and 2017 then the Local Grant may be greater than the estimated aggregate total of $2,300,000 for all three years. (ii) By March 1, 2016, 2017 and 2018, the Company shall provide to the County and the Authority a report detailing the local real estate taxes, Business Personal Property taxes and Machinery & Tools taxes (net of any penalties, late fees or interest) paid by the Company in calendar years 2015, 2016 and 2017, respectively. The Company hereby authorizes the Commissioner of the Revenue, the Treasurer and the Director of Finance for the County to release to the Authority and the County the Company's confidential tax information and data so that the Authority may verify the payments made. The amount of the Local Grant to be paid to the Company by May 1, 2016, 2017 and 2018 shall be equal to the New Local Tax Revenues paid by the Company in calendar years 2015, 2016 and 2017, respectively. (iii) If the Company terminates the Project or fails to complete the acquisition, renovation and equipping of this Property by December 31, 2014, then the County and the Authority shall be relieved of any obligation to the Company for any Local Grant. (iv) The Company may use the proceeds of the Local Grant for any lawful purpose. Section 4. Break -Even Point; State and Local Incentives VEDP has estimated that the Commonwealth will reach its "break -even point" by the Performance Date. The break -even point compares new revenues realized as a result of the Capital Investment and New Jobs at the Project with the Commonwealth's expenditures on incentives, including but not limited to the GOF Grant. With regard to the Project, the Commonwealth expects to provide incentives in the following amounts: Category of Incentive: Tntnl Amn»nt Ardagh GOF and Local Grant Performance Agreement 062513 GOF Grant $75000 Virginia Jobs Investment Program (VJIP) (Estimated) 81 Rail Industrial Access Program (Rail Grant) (Estimated) 450 The County expects to provide the following incentives through the Authority, as matching grants or otherwise, for the Proj ect: Catewry of Incentive: Local Grant (Estimated) Matching Local Funds for Rail Grant Total Amount $2,300,000 150,000 The proceeds of the Grants shall be used for the purposes described in Section 3. The other incentive proceeds shall be payable pursuant to terms outside of the scope of this Agreement. The VJIP grant proceeds shall be used by the Company to pay or reimburse itself for recruitment and training costs. The proceeds of the Rail Grant and the Matching Local Funds for the Rail Grant shall be used to improve rail access to the Property. The County will support the Company's application to the Virginia Department of Rail and Public Transportation for the Rail Grant. The County agrees to provide a resolution of support for the Company's application, accompanied by a $150,000 one -time matching grant for this application, subject to the maximum approval and award from the Commonwealth Transportation Board. Section 5. Repayment Obligations for GOF Grant (a) If Statutory Minimum Requirements are Not Met for GOF Grant: Section 2.2 -115 of the Virginia Code requires that the Company make or cause to be made a Capital Investment of at least $5 million in the Project and create and Maintain at least 50 New Jobs at the Project in order to be eligible for the GOF Grant. Failure by the Company to meet either of these statutory minimum eligibility requirements by the Performance Date shall constitute a breach of this Agreement and the entire GOF Grant must be repaid by the Company to the Authority. (b) If Statutory Minimum Requirements are Met for GOF Grant: The provisions of this subsection (b) apply only if the Company has at least met the statutory minimum eligibility requirements for the GOF Grant set forth in subsection (a). For purposes of repayment, the GOF Grant is to be allocated as 50% for the Company's Capital Investment Target and 50% for its New Jobs Target. If the Company has met at least 90% of both of the Targets at the Performance Date, then and thereafter the Company is no longer obligated to repay any portion the GOF Grant. If the Company has not met at least 90% of either or both of its Targets at the Performance Date, the Company shall repay to the Authority that part of the GOF Grant that is proportional to the Target or Targets for which there is a shortfall. For example, if at the Performance Date, the Capital Investment is only $79,475,000 (representing a 15% shortfall from the Capital Investment Target) and only 72 New Jobs have been created and Maintained (representing a 25% shortfall from the New Jobs Target), the Company shall repay to the Authority 15% of the moneys allocated to the Capital Investment Target ($56,250) and 25% of the moneys allocated to the New Jobs Target ($93,750). Ardagh GOF and Local Grant Performance Agreement 062513 (c) Determination of Inability to Comply: If the County, the Authority or VEDP shall determine at any time prior to the Performance Date (a "Determination Date ") that the Company is unable or unwilling to meet and Maintain its Targets by and through the Performance Date, and if the County, the Authority or VEDP shall have promptly notified the Company of such determination, the Company must repay to the Authority the entire GOF Grant. Such a determination will be based on such circumstances as a filing for liquidation by or on behalf of the Company under the U.S. Bankruptcy Code, the liquidation of the Company, an abandonment of the Project by the Company or other similar significant event that demonstrates that the Company will be unable or is unwilling to achieve the Targets. (d) Repayment Dates: Such repayment shall be due from the Company to the Authority within sixty clays of the Performance Date or the Determination Date, as applicable. Any moneys repaid by the Company to the Authority hereunder for the GOF Grant shall be repaid by the Authority to the County, and shall be repaid by the County promptly to VEDP for redeposit into the Governor's Development Opportunity Fund. The County and the Authority shall use their best efforts to recover such funds, including legal action for breach of this Agreement and the Company will pay the County's and Authority's legal fees and costs associated with the recovery of the funds. Neither the County nor the Authority shall have any responsibility for the repayment of any sums hereunder unless said sums have been received by the Authority from the Company. Section 6. Company Reporting In addition to the local tax information to be provided by the Company under Section 3(b)(ii), the Company shall provide, at the Company's expense, detailed verification reasonably satisfactory to the County, the Authority and VEDP of the Company's progress on the Targets. Such progress reports will be provided annually, starting at March 1, 2015 and ending March 1, 2018, and at such other times during this period as the County, the Authority or VEDP may reasonably require. Each report shall include Capital Investment made and the New Jobs created and Maintained from July 1, 2013 through the prior December 31. With each such progress report, the Company shall report to VEDP any amounts paid by the Company in the prior calendar year in Virginia corporate income tax, if applicable. VEDP has represented to the Company that it considers such information to be confidential proprietary information that is exempt from public disclosure under the Virginia Freedom of Information Act and that such information will be used by VEDP solely in calculating aggregate return on invested capital analyses for purposes of gauging the overall effectiveness of economic development incentives. Section 7. Notices Any notices required or permitted under this Agreement shall be given in writing, and shall be deemed to be received upon receipt or refusal after mailing of the same in the United States Mail by certified mail, postage fully pre -paid or by overnight courier (refusal shall mean return of certified mail or overnight courier package not accepted by the addressee): Ardagh GOF and Local Grant Performance Agreement 062513 if to the Company, to: Ardagh Metal Packaging USA Inc. Carnegie Office Park, Building One, 600 N Bell Avenue, Suite 200, Carnegie, PA 15106 Attention: Chief Financial Officer if to the County, to: County of Roanoke, Virginia 5204 Bernard Dr. Roanoke, VA 24018 -0798 Attention: County Administrator if to the Authority, to: Economic Development Authority of Roanoke County, Virginia 5204 Bernard Dr. Roanoke, VA 24018 -0798 Attention: Chair if to VEDP, to: Virginia Economic Development Partnership 901 East Byrd Street, 19 Floor Post Office Box 798 (zip: 23218 -0798) Richmond, Virginia 23219 Attention: President and CEO Section 8. Miscellaneous with a copy to: Ardagh Metal Packaging USA Inc. Carnegie Office Park, Building One, 600 N Bell Avenue, Suite 200, Carnegie, PA 15106 Attention: Treasury Manager with a copy to: Office of the County Attorney 5204 Bernard Dr. Roanoke, VA 24018 -0798 Attention: County Attorney with a copy to: County of Roanoke, Virginia 5204 Bernard Dr. Roanoke, VA 24018 -0798 Attention: Economic Development Director with a copy to: Virginia Economic Development Partnership 901 East Byrd Street, 19 Floor Post Office Box 798 (zip: 23218 -0798) Richmond, Virginia 23219 Attention: General Counsel (a) Entire Agreement; Amendments: This Agreement constitutes the entire agreement among the parties hereto as to the GOF Grant and the Local Grant and may not be amended or modified, except in writing, signed by each of the parties hereto. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. The Company may not assign its rights and obligations under this Agreement without the prior written consent of the County, the Authority and VEDP. (b) Governing Law; Venue: This Agreement is made, and is intended to be performed, in the Commonwealth and shall be construed and enforced by the laws of the Commonwealth. Jurisdiction and venue for any litigation arising out of or involving this Agreement shall lie in the Circuit Court of the County of Roanoke, and such litigation shall be Ardagh GOF and Local Grant Performance Agreement 062513 7 brought only in such court. Except to the extent provided in Section 5(d), in the event this Agreement is subject to litigation, each party shall bear its own costs and attorney's fees. (c) Counterparts: This Agreement may be executed in one or more counterparts, each of which shall be an original, and all of which together shall be one and the same instrument. (d) Severability: If any provision of this Agreement is determined to be unenforceable, invalid or illegal, then the enforceability, validity and legality of the remaining provisions will not in any way be affected or impaired, and such provision will be deemed to be restated to reflect the original intentions of the parties as nearly as possible in accordance with applicable law. (e) Appropriations: This Agreement and any payments of public funds by the Authority are subject to future appropriations by the County's Board of Supervisors to the Authority. (f) Force Majeure: If any party is unable to perform its commitments under this Agreement by reason of force rnajeure, then that party shall not be deemed to be in default of its obligations under this Agreement, and any deadlines for the performance of its obligations and, if applicable, the deadlines for the performance of the other party's obligations shall be extended for a time equal to the time period of the force rrlajeure event, plus ten days. The term a 'force majeure " as used herein, shall include without limitation acts of God; hurricanes, floods, fire, tornadoes, earthquakes or storms; strikes or other industrial disturbances; acts of public enemies; orders of governmental authorities; insurrections; riots; or epidemics. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Ardagh GOF and Local Grant Performance Agreement 062513 8 IN WITNESS WHEREOF, the parties hereto have executed this Performance Agreement as of the date first written above. Approved as to Form: B Paul M. Mahoney, County Attorney COMMONWEALTH OF VIRGINIA COUNTY OF ROANOKE COUNTY OF ROANOKE, VIRGINIA By Name: B. Clayton Goodman, III Title: County Administrator Date: August 13, 2013 ss The foregoing instrument was acknowledged before me this day of , 2013 by B. Clayton Goodman, III, on behalf of the Board of Supervisors for Roanoke County, Virginia. Notary Public My Commission expires: Approved as to form: Attorney for Authority ECONOMIC DEVELOPMENT AUTHORITY OF ROANOKE COUNTY, VIRGINIA B Name: Title: Chair Date: August 13, 2013 COMMONWEALTH OF VIRGINIA ) ss COUNTY OF ROANOKE ) The foregoing instrument was acknowledged before me this day of , 2013 by , Chair of the Economic Development Authority of Roanoke County, Virginia. My Commission expires: Notary Public Ardagh GOF and Local Grant Performance Agreement 062513 9 ARDAGH METAL PACKAGING USA INC. Do Name: Title: Date: August 13, 1013 STATE /COMMONWEALTH OF ) ss CITY /COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2013 by , as of [Ardagh Metal Packaging USA Inc.]. Notary Public My Commission expires: Ardagh GOF and Local Grant Performance Agreement 062513 10 ACTION NO. ITEM NO. E -2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROAN 0KE COUNTY ADM INISTRATION CENTER, , ROANOKE, VIRGINIA MEETING DA "r E: AGENDA ITEM: SUBMITTED BY: APPROVED BY: August 13, 2013 Request to approve an increase in funds to $20,000 for a Commercial Matching Grant Program, and transfer previously appropriated funds from the Community Development Planning account to the Economic Development Authority Jill Loope Acting Director of Economic Development B. Clayton Goodman w, County Administrator �-- COUNTY ADMINIS'TRATOR'S COMMENTS: SUMMARY OF INFORMATION: County staff began working with Lee Wilhelm, Richfield Senior Director of Campus Development, and Al Williamson, Owner of Sign Design, in September 2012, on new sign designs and entrance plans for the Richfield Retirement Community located at 3615 West Main Street utilizing the Corridor Matching Grant Program. The main Richfield sign at the corner of Knollridge Road and West Main Street has been removed by the Virginia Department of Transportation (VDOT) and the Professional Center directory sign on West Main Street is planned for removal by VDOT, leaving no clear signage for the campus. Most of the construction work along Richfield's frontage on West Main Street has been completed. The Corridor Matching Grant application submitted in July, 2013 (attached), includes comprehensive plans for enhancing the West Main Street entrance and view of the campus. Plans include the following features: ■ Two " Richfield" signs within "L "- shaped stone structures measuring 10 feet tall and 15 feet wide, each flanking the Knoilridge Road entrance; Page 1 of 2 ■ 700 square feet of landscaping surrounding the base of each sign; ■ A white, three -rail fence running along the frontage parallel to West Main Street from the Professional Center to the parking lot at the corner of West Main Street and Alleghany Drive; • Ground- mounted sign lighting to be purchased and installed by Richfield; and ■ (Future) water fountain, gazebo, playground, fishing deck and pavilion. The cost of the sign structure, the sign landscaping and the fence totals between $49,414.12 and $03,537.12, based on - the - three bids submitted. The "Rich sign components will be constructed and installed by Sign Design and are outside the scope of - the grant request. The grant request of $20,000 is consistent with the intent of the Corridor Matching Grant Program and is consistent with the Route 111400 West Corridor Design Guidelines and meets Roanoke County Zoning Ordinance requirements. 'phis request will cover less than half of the cost of the sign structure, sign landscaping and fence. On December 5, 2005, the Board of Supervisors voted to increase the amount of eligible Corridor Matching Grant funding from $5,000 to $15,000, with Board approval for amounts between $15,000 to $20,000. Action by the Board of Supervisors is needed prior to the Economic Development Authority (EDA) consideration of the request at its August 21, 2013, meeting. FISCAL IMPACT: There are sufficient funds budgeted specifically for Corridor Matching Grant applications to cover the $20,000 request (Community Development Planning account 541000 - 8930). ALTERNAI ^IVES: 1. Approve an increase in funds to $20,000, and transfer previously appropriated funds from the Community Development Planning account to - the Economic Development Authority. 2. Take no action at this time. STAFF RECOMMENDA"rION: Staff recommends Alternative #1. Page 2 of 2 dTF 4 . A LLl L C) 0 ONL U) % A4 S > < z U-1 % jp A UU will w LA LLl U) % Ap _6\ uj Ar A L-% 2:1 0 T J. 0 L-24 0 (D z L 4— CO L) C l , OZ ' I snBn V 'Aep ! j j :o asluojow:Aq pajeclai I u n w w O o u a w ai I ja : 1 a I j o I j El,-6Z-,L lei E)V 10194LIOI� :E)WeN County of Roanoke r Commercial Corridor Matching Grant Program 01 . Application Before beginning this application, answer thefollowing questions. If you answer "No t o any of'these questions, y ou are inefigible m at ch ing grant f en s. ., Is the property located in either the Holli ns/Wi ll iamson Road, '. No . l 11 1460 West of Vinton Corridor? Is the property used for commercial purp ses? Yes ." No Does s the property owner pay Roanoke County real estate taxes es No o n the subje property? A pplicati o n Sub at ! Case I CIL Applicant"s Name'.. ti App licant' s B usiness lame*- - - n Are you the pr pei y o wner? Yes` No's Th e owner must complete the a ace mer's Consent Form . 4 4 e lei P roperty Address: _ ._ .���, a e ta , � �m. VA -- Mailing Address (if different from above): us ess Phone : : r �` - Cif Phone: QD vf� e7 9�3�0 Fax N 3 - 6b E-mail A d4rs . , r I . L , 1 - 1 C Tax Map # {to be completed by staff: Type of Improvements Proposed (check all that apply ): F"agadc Renovation -- ,1-Paxking Lot Redesi Landscap Sign Lighting Other Please provide a brief description iption of work proposed: �i 4 Desired Pr 0 1 *ect Start Date: Expected Completion Date: Revised 5/19111 C oinmercial Corridor Matching Grant Prog Application Case # 'dotal P roject Cost's _ Total Des n Services C ost" Total M at c h - Ing Gr ant Eligibility = 0 of T ota l ProJect C ost (No t excee $ 20 , 000 maximum) J. - Design Services Efigi Why. chever option is l ess E ither 1 o Total Matching Grant Elig . Or Tota D esign Services Cost Submit three cost estimates for each trade to support the total cost amount Submit at least one cost estimate for d esi gn s l - vices g ail ®s� r !` " 2 a �' Appl i cant ' s a Si gnature - � m ° 6 f Date: � L M , 9 u Re member to submit the following materials with this application: 1 Owner's Consent Fo.m - i if applicable); 2) Pictures of the property an the building showing the areas to be iMpr 1; 3) Elevations, designs, plat and/or site plan s howing the scope of the proposed project including information or samples for the colors and rnaten'als to be used; 4 Three written cost estimates from licensed contractors for each type of work- to e performed; and 5) At least one cost estimate for design services (if applicable.) For Staff Use Project. Planner Reconunendation to ED Approval Denial (If Applicable) Board of Supervisors Decision on increase of funds Amount of increase Allowed Total Eligible Matc xiig Grant Request Approval Denial Economic Development Authority Decision Approval Denial The Commercial Com' or Matehing Grant Program Application for Case Number is hereby Approved Denied. Amount of Matching Grant Funds Eligible: Project Planner Signature: D ate: Revised 5/19/11 Richfield Retirement Community New Entrance Project Request for Bads June 17, 2013 r°t. Richfield Retirement Community is ding bids for the construction of new entrance features at its main entrance to the campus. This includes, but is not limited to, new entrance signs, landscaping, and fencing. It is Richfield's intent to apply to Roanoke Counter for a grant to assist in this work; therefore the successful contractor must c omply with the requirements of this grant. Bids shall be due o —J uly--9, 2013 ------------ - --- -- - at —12:00 noon EDT ------------------------ They shall be delivered t the receptionist at the Nursing Center main reception area at Richfield Retirement Community. The bids will be opened privately. The bid shall be placed in a sealed envelope with the name of the contractor and "Rid for New Entrance Features" written on the outside of the envelope. The bid shall be addressed to the attention of Lee Wilhelm. It is the intent of the Owner to award the contract to the lowest responsible bidder provided the bid is submitted in accordance with the requirements of the bidding documents. The O wner shall have the right to waive any informalities or irregularities in a Bid received and to accept the Bid which, in the Owner opinion, is in the Owner's best interest. R uir m nts f Bidders Registration Bidders are required to show evidence of a certificate of registration. The bidder shall place on the outside of the envelope containing his bid and over his signature in his bid the following: "Registered Virginia Contractor No. ". Insurance Bidders shall show evidence of insurance required including but not limited to Contractor's Liability Insurance, Worker's er' Compensation Insurance, Property Damage Insurance, Business Auto Liability Insurance, and General Liability Insurance. Permits The Contractor will be required to obtain all permits and bonds required for the performance of the work. The Contractor is responsible for all inspections necessary for acceptance of the work. Survey and Property Lines The Owner will provide a layout of property lines and right of ways. . aldwell and White have been hired by the O wner to provide this information and will provide the necessary construction staling required to construct the project. Thp Wnrk- Entrance Sign: Richfield has entered into a contract with Sign Design o Roanoke, Inc. to furnish and install certain parts of the entrance signs. This contract will be assigned to the successful Contractor. A copy of this contact is included with the construction documents and the cost of this contract shall be included in the Contractor's bid. The Contractor will be responsible for constructing the sign bases as detailed in Sign Design's drawin which also include a structural drawing for the bases. The finished product shown on the drawing is applied stone. For bid purposes this stone will be Eldorado Stone and the Contractor shall include an allowance of $7.75 per square footf r the purchase o f the stone. Installation and all materials other than the stone shall be included in the Contractor's bid. Selection of the stone will be made based on sample panels to be constructed by the Contractor for the Owner's review. Contractor shall include the cost of the construction of two (2) sample panels approximately 4'x4' for the selection of the stone veneer. A stacked stone pattern may be selected so contractor is to include a square foot price for the increase in installation cost for this type of product. Fencing: The Contractor shall furnish and install a white vinyl three ) board fence across the front of the campus. The fence shall be CertainTeed's Buffete h or approved equal. The posts shall be 5"x,5" with an external cap, the rails shall be "x " ribbed construction. The finish on the rails shall be smooth. The base bid shall be based on 760 linear feet of fencing with 6 end posts. An add amount for additional linear footage and a deduct amount of reduced linear footage shall be provided by the bidder in his bid. Powers Fence is an installer of this type and brand of fence. Landscaping: The landscape plan defines the scope of the plantings, including quantity and size. Plant material is to be quality stack. Contractor is responsible for preparing the planting beds including furnishing and installing top soil as necessary to create the required planting areas. Landscape contractor shall be a qualified landscape contractor with experience in planting similar projects. There shall be a one year warranty on all plant material. Any substitutions must be requested in advance in writing and must be approved by the Owner in writing. Electrical: The electrical work will be performed by the Owner thru its own subcontractor. The electrical work on this project consists of external lighting of the entrance signs. The Owner will c0- ordinate this work with the Contractor. Included Documents: Site plan by Caldwell White Associates darted June 1-9, 2013 Copy of sign contract with Sign Design Elevation and plan views of the entrance sign Stamped structural drawing of the sign base Landscape plan with written description of plantings Questions: Please direct all questions to: Lee Wilhelm Richfield Retirement Community (540) 380 -3672 Email: lwilhelm@rlchfieldretirement.com Project Bi To: Richfield Retirement Co uni y Project: New Entrance Project D ue: July 9 , 2013 at 12 noon Contractor: Avis Construction Company, Inc. Address: Post Office Box 11 Roanoke, VA 24022 Phone: - 540 - 982 -3558 Fax: 540. 982 -2043 Base Bl 4 $73,500,00 Stone work, Bid rased on stone cost o f $7.75 per square foot Additional labor cost for sta cked store pattern: Add i . P r are foot Fencing*. Bid based on 760 linear feet of fence Cost to add additional linear feet o f fence: Add $ 24.50 pier linear foot Cost to deduct linear feet f ronn base length: Deduct 1 5.00per linear foot 11 awardera LL# ac � tI r u a.a I #�1 f,e j��. Offi s ignatUW. I Vi rginia ContractorAegistration Number: 2 701-016882A Proiect Bi'd TO: Richfield Retirement Communit Project; New Entrance Project Due: July 9, 2013 at 12 noon eq N ) e Contractor: F14M A d d re ss : Phone: 41 �lr Rw �14�R Fax; 1,�Z 7 17 S-� �ucras rcta3mt ++n r Base Bid Stone 1 r : Bid based on store co st of $7. per square foo M vk Additional labor cost for stacked stone pattern: dd srt Fencing: Bid b on 760 linear feet of fence host to add a dd I 1 ft of fe nQ add r linear foot cost to deduct I i nea r feet f rorn base length: D ed o r linear foot if ded the contract for this work show soon can you staff. Officer's s ignature: Vilr inia Co ntractors Registratio n N um be rd 7010f To iW Retirement Community Pirject; New Entrance Project Dare: MY 9 , 2013 at 22 noon. Contractor, ddre ester t 0 f'4 \/0 im Phone a Fax g Base 0o Stone Work: Wd based on stone cost of $7.75 per square foot Add ift'=A � � cost for stacked stone pattern: Add � � erg squaire foot Fencing: Bid based an 76 linear feet of f ence Cost to add : di l l I'M ear feet o f fence Add 3 __ _ r fin air foot Cc sit, to deduct � r f t $,�20 sm ear foot of awarded the corar fob` this W ork ' now soon can y ou Si U. f 9 f emcees si Vo r g !M'z Contrail !::b , � V. v - 9, " � / b I F k, C , , g , �� _S �� 0 hID 44 ! 2 � ` yi d 4�C A��,� r� `9� q fi� a y � , IX LIS ci ti \ vS �� \� 1 � + •' /` , � y �i � \�' /�.. � ` � \tyyy��� ``a;` w � � � � � ~ 4 41: US \ % y r/ k It Fr 12 SWR <4 56 % Ln Ni om� k qC ss ss el Z � CA \\ % lot % % , } 111 � ��\ %"� 15 Ln M CD L] Zip t C2 go e- s sp ;` ❑ c Wl cm 0 ns cn CA 75 C5 s" s a 4 LL. 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All areas not desi as lawn to be mulched w/ 3 "Tripl -Shredded:! Hardwood Bark 3 . Annual and perennial beds to be min. i2l' topsoil provided b Owner. The finished perennial beds shall be sli raised W') above the surroundin g round 4, (6)�Cono VI-burnur 30" 13&B 5, (6)'Little G cruel Ma 121 B&B 6. (1 urnin Bush ' B&B ,It 7. (6)' Nat h z' hate Crape M 12' B&B 8. ( Grass 5 Gal. 9 . (6), tfle Richard Abelia 5 Gal. 10. ( 1 4 )' i k a ' Dwarf Lavender Crape M 5 Gal. 11. (6) Flats of Seasonal Annuals as selected b Owner 12, (1 o) GaL, (io) slack- e Gal., (6)Echinacea; Gal., (6)Sedurn'Auturnn Jo Gal., (2-o)Dwarf Q t., ) a t Qt-, (wo)D ffodil Top Size, (200 )Cro-cus Top Size (2 0 0 j n hu Aw If tit ng Y) t1on of beaut, 4009plkm- d uIIII rab ill t and veTSatilit ' F 3-RAIL STYLE WITH C T- RTAGRAIN TExTu - RE Vail Size ( White): 1 - 1/2 11 x 5 - 1/2" R ibbed Dail Size (Sierra Bland'): 2",N 6" Ribbed a 4 9tl Wh ite vex � ZI '. � v� �� �. -.. .➢ 1� .. � J, P �, Sw a �� r Ir 4 Are- Ar.0 i Or � .� .p s s �� 0e 7- uwl - I i n : RPr � 1 e N '— _ #® e °F r r � �J ti .uA R M M e i � p SPPI F p ! r 4 R Y _ W e r # N JL e Y5 min bL" LI 49 I w 11 �3 LY In ii � JL r r --# a � WmmdwL�L I lmmmmL--Ma-JLIL d� 0 4&1 is 0 1 7 -.AO :-ON l33 HS 1*6 :A13 Nmu❑ 7 TO 61- 4 -DJ--V-C]T- 0075 t :31VOS L�Wmo Nod C160VACIR'O'd Y/N I t9hl - a&714 oIaavdjaz)<j Al JDAUh--_>W -3dv--'IWN\n A da U00AA_UH3 NKICI L 4 ..rte ire 4zR, Qd 41p j .............. > L 17, 1h, J V u , ,� -rte ' , 5 o Jv Qf -q SZ , IV r L Co) i CL_ ..IIj jjjjjjU T OP 0 '(4 45 t - A 7� lac L7 I L ........ ........ VI i Fly . • + YL X1 W 14 4 JA ti 41 - I rr A � # A e e Y" r � u ,a� a p IL e Y w # e # jr Y � s Y a 6mi r-L-- i� _ q v - Tz I. LAM W-Ir C,'rr,!rIFIED LANDSC -APE ARCHITECT T P.0- 9nx 20912 _ Roanoke' Virginia 24U1R - 1 Phone 96 -909{ Herne 1'hnne'389 -827 SCALE. I I ' DATE a +� BY: ��. SHEET NO,: OF: KM w � a r 'a , r n OL Y IF p { VM , P 0 - - F 7 . A p - - — 7 7 Pik Jim y t r a FF - q i i as -e i-..,a y M tiw .: I C w f ww r a A FW IL k cFRnFjFo t /AN oscApF Arzc4 1 rFc7 RD- Box 211912 Roanoke, Virginia 24016 Phone 999 -9m Home Phone 989 -(A27 - p , � .tao .�: ,. GATE: ;t . DR 'N ELY: 9 ,0 5t o . SHEET 40,: OF a Q 00 ti bii C� W 0h wi .r, b r� U rd O 1p� A N OA n r C. V r c� n� c� r K b� V w re a.. r"'1 ACTION No. ITEM No. E -3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEE'rINO DATE: August 13, 2013 AGENDA ITEM: Request to transfer previously appropriated fi,.inds in the amount of $7,993 for the assessment of Appalachian Power Company (APCo) negotiations SUBMITTED BY: Anne Marie Green Director of General Services APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County and Roanoke County Schools are members of the Virginia Municipal League (VMLNACo) Steering committee, which consists of local government officials within the Appalachian Power Co. (APCo) service area. The committee was established to negotiate reduced electric service charges with APCo for the local governments. Prior to the formation of this committee, the localities negotiated individual contracts with APCo, which required the localities to hire consultants and attorneys during the process. The last assessment was in December 2011 and since that time; the Committee has provided the following services to the localities: • Negotiated with APCo to eliminate the General Service Rate increase, which had been projected at $0.3 million • Negotiated to reduce street light rates from $373,000 to $200,000 • Prevented the elimination of sur- credits to localities, instead gaining $1.5 million for local governments. A sur - credit is a discount to - the rates set by - the SCC and charged by APCo to its other customers that is available only to the Public Authorities Page 1 of 2 The Steering Committee is now working with counsel and consultants on negotiating for the extension of the current Public Authority contracts for rates and services which are due to terminate on December 31, 2013. The committee will be actively participating with other respondents in SCC hearings in which APCo seeks to recover an environmental rate adjustment of $38.5 million along with recovering approximately $28 million for its costs in acquiring the Dresden Generation Plant. FISCAL IMPACT: The current assessment from the committee, which is based on kilowatt hours used, is $24,244. Based on usage, - the Roanoke County schools are responsible for $16,251, and the county is responsible for $7,993. This is an increase from the previous assessment, because the kilowatt hours have been adjusted to reflect real usage for the first time since 2000. The county's share of these funds is available in the Board contingency Account. ALTE RNKrIV ES : 1. Approve the payment of $7,993 to the VML/VACo AEP Steering committee from the Board Contingency Fund. 2. Negotiate separately with APCo. The county would have to employ a consultant, which woi ..i Id also require an expenditure of funds, probably in excess of the assessment from the Steering Committee STAFF RECOMMENDATION: Staff recommends Alternative 1. The committee is not obligated to negotiate for non- paying public authorities or to work on their behalf, and is likely to discontinue providing any assistance to those which do not share in the financial obligations. Page 2 of 2 ACTION NO. ITEM NO. E -4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: August 13, 2013 Resolution approving the execution of a Memorandum of Understanding (MOU) between Roanoke County and the Town of Vinton providing for stormwater management facilities post- construction inspection services to the Town of Vinton Tarek Moneir Deputy Director of Development Services B. Clayton Goodman III County Administrator &JJ_1 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The County of Roanoke and the Town of Vinton (TOV) desire to cooperatively work together to provide an optimum level of customer service to the community. Therefore, the TOV would like to enter into an agreement with Roanoke County Community Development Department to obtain post - construction inspection services of Stormwater Management Facilities (SWM). Currently, the TOV has no means of providing inspection of stormwater Management Ponds or review services of post- construction of SWM facilities due to limited staff time and/or experiences. These services will include the preparation of communication documents associated with stormwater management reports related to the maintenance of the SWM facilities. Community Development Department will provide the necessary personnel and material services to perform inspection of such facilities. As stated in - the agreement, 'there are certain responsibilities listed for the TOV and - the County as part to this agreement. This agreement is only good for and subject to renewal on an annual basis if both parties (Roanoke County and TOV) agree. A resolution provided by Susan N. Johnson, town Clerk, dated July 16, 2013, agreeing to the terms and conditions of the MOU is attached. Page 1 of 2 FISCAL IMPACT: There is no request for funding associated with this agreement. The TOV agreed to pay the County a minimum fee of $75 per hour per staff member and no less than $150 per incident (which applies to meetings, presentations, inspections, etc.) as agreed and approved by this agreement. ALTERNA'T'IVES: A. Approve the attached resolution and enter into agreement as specified in - the attached IMOU with TOV for only a period of one (1) year in order to provide inspection services of SWM facilities for TOV; or, B. Reject the attached MO U agreement and refuse providing such services to TOV STAFF RECOMMENDATION: Staff recommends alternative "A" and directing the Community development department to provide services with TOV for one year beginning August 2013 and end on the last day of July 2014. Attachments: a) Proposed Resolution for Roanoke County b) Letter from Ms. Susan N Johnson, TOV clerk c) An Executed MQU by Town of Vinton 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, AUGUST 13, 2013 RESOLUTION APPROVING THE EXECUTION OF MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN ROANOKE COUNTY AND THE TOWN OF VINTON PROVIDING FOR STORMWATER MANAGEMENT FACILITIES POST - CONSTRUCTION INSPECTION SERVICES WHEREAS, Roanoke County and the Town of Vinton desire to work cooperatively to provide an optimum level of customer service to the development and construction community and to streamline the review and post- construction inspection process; and WHEREAS, Roanoke County recognizes that, in order to maintain a high quality level of customer service to its development /construction community and to comply with federal, state, and local requirements for the stormwater management regulations, a close working relationship with the Town of Vinton is desirable and will be made possible through the execution of a Memorandum of Understanding. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Memorandum of Understanding for providing stormwater management facilities post- construction inspection services to the Town of Vinton is hereby approved. 2. That the County Administrator, or his designee, is hereby authorized to execute the Memorandum of Understanding and any other necessary documents to accomplish this action, all to be upon a form approved by the County Attorney. Page 1 of 1 XR-EP SOLUTION No. 2026 A T A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD TUESDAY, JULY 16, 2013, AT 7:00 .M., IN THE COUNCIL CHAMBERS of THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGfNIA STORMWATER MANAGEMENT SERVICES RESOLUTION authorizing the Town Manager for and on behalf o f the Town of Vinton, to eater and execute two Memorand of Understanding D io s between Roanoke County Board of Supervisors and the Vinton Tory Council. WHEREAS, Roanoke e County and the Town of Vinton have continued to cooperatively work together to provide an optimum level of customer service to the development/construction community; and WHEREAS, Vinton Town Council recognizes that in order to maintain a high quality level of customer service to its development/construction community and to comply with federal, state, and local requirements of the stormwater management regulations, a close working relationship with the County of oanol e is desirable and will be made possible through said Hogs. No's, THEREFORE, B IT RESOLVED, , that Vinton Town Council does hereby authorize the Town Manager to enter and execute the following MOUs: l , Memorandum of Understanding for providing stormwater management plan revie services to the Town of Vinton; and 2. Memorandunn of Understanding for providing stormwater management facilities post - construction in spection services to the Town of Vin and any other necessary documents which shall be in a form approved by the Town Attorney. This Resolution adopted on motion made by Council Member Adams, seconded by Council Member Altice, with the following votes recorded: AYES: Adams, Altiee, Dance, arose DAYS: done ABSENT: Hare A EST: 0 xc/ . 1 0 a�l A K'. Susan N. Johnson, wn Clerk AP Nrd rey Ye, lay y , R 4 v , V INTON Y a Town Vinto 11 S_ P ollard S treet Vinton, VA 2417 Phone (549) 988-060 Fax 50) 983.0626 July 18 201 �&. B. Clayton Goodman, 111, County Administrator County o Roanoke P . 0. Box 29800 Roanoke, VA 24018 - 0798 S usan N. Johmon Executive Assistant/Town Clerk : Memorandums of Understmding between Roanoke County and the Town of Vinton for providing storm Vater management plan review anti facilities post- construction inspection services Dear Mr. Goodman: Enclosed are two originals of each of the above- referenced Memorandums of Understanding which have been executed by Mr. Lawrence. Also, enclosed is a copy of Resolution No. 2026 authorizing his signature. Once these are approved by the Board and all parties have executed on behalf of the County, please return one completed copy of each to my attention. Note that the date needs to be completed on the fist and second page of each document. If you should have any questions, please feel free to contact our office. Very truly yours, Susan N. Johnson nj Enclosures c: Anita McMiHa.n, Planning & Zoning Director Z�- * � -� RIVA BETWEEN ROA. oKE COUNTY AND THE Tom of VINTON FOR PROVIDING STORMWATE R MANAGEMENT FACILITIES POST INSPECTION SERVICES To THE TOWN of VINTON 1. PARTIES AND PURPOSE This Memorandum of U d rstan&m MO is made and entered into this day of 2013 by and between the County of l Roanoke, Virginia, a political subdivision of the Commonwealth Virginia, hereinafter referred to as the "County ", and the Town of Vinton, a political subdivision of the Commonwealth of Virginia, h r i.na . r referred to as the "`own" for the purpose of providin storm eater management facilities inspection services to the Town of Vinton. II. SCOPE OF WORK The Town is entering into this MOU to contract with the County, for the County Department of Community Development, to provide post - construction stormwater management facilities inspection and review services as needed, including the preparation of documents, such as, associated stor water management reports related to the m i teri n.ee of the storm rater facilities including ponds, Best Management Practices MPs , etc. For the period hereinafter set forth, the County and Town will provide the necessary personnel, materials, services, facilities, funds, and otherwise perform all things'necessary for or incidental to this M U. A . Responsibilities of the Town Planning and Zoning Department I. Provide and update, as needed, a list of the st rmwater facilities including ponds, BMPs. etc. that need to be inspected. Inspection schedule will be reviewed and approved by the Town and County personnel. 2. Assume all the communication and enforcement of regulations with the owner /developer of the st arm ater facilities including ponds, BUTs, etc. 3. Coordinate and attend any required and/or needed m ting s with owners and/or maintenance personnel of the stormwater facilities, B MPs, etc. B . Responsibilities of the County Eng ineering Services Division 1. Perform necessary mnspeetions of the stor water facilities including ponds, BMPs, etc. once notification is received from the Minton Planning and Zoning Department. 2. Complete and Provide a copy of the inspection report of the storrnwater facilities to the 'Minton Planning an Zoning D epartmen t. 3 . Attend meetings with owner /developer and Vinton Planning and Zoning staff', when requested and/or needed. Roanoke County and Town of Vinton SWM MOU Facilities Inspection Services Wage 1 III. FEE AND PAYMENT For famishing all services as specified herein, the Torn shall pay the County a minimum um fee of $75.00 per hour per staff member and no less than $150.00 per inspection (minimum two hours charge). Charges shall a] so apply to meetings, presentations., etc. as agreed and approved by both parties. IV. PERIOD of AGREEMENT AND MODIFICATIONS This MOU will be effective for ONE year, commencing on the day of 2013 and terminating on the day of , 20 , The MOU may b modified, extended, or terminated at any time by mutual consent of the parties hereto, or may he terminated by either party b giving 90 days written notice to the other party. V . APPROPRIATION All obligations of the Town of Vinton wader this MOU that require the expenditure or payment of funds by the Town are subj ect to annual appropriations by the Vinton Town Council. I WITNESS WHEREOF, the parties have executed this MOU on the day, month., and year indicated: FOR ROANOKE COUNTY: Approved as to Form Paul Mahoney County ttor r�ey COUNTY of ROANOKE, VIRGINIA. ftrA B . Clayton Goodman, III County Administrator STATE of VIRGINIA, CITY /COUNTY of , to (SEAL) The foregoing instrument was acknowledged before me this day of 2013 by B . Clayton Goodman, 111, County Administrator on behalf of the County of Roanoke, Virginia. Notary Public Registration Number: My commission expires {SEAL} Roanoke County and Town of Vinton SWM MOU Facilities Inspection Services Page FOR TOWN OF VINTON: Approved as t F o rrn L- El abeth Dill 'hown Attorne TOE OF T Cl- By r hfistopher wrence T own M ana er -- (SEAL) TATS OF VIRGfN IX- OF * t The foregoing instrument was acknowledged before me this day of 013 by 1r istopher . Lawrence, Town tanager on behalf of the Town of I" &: � _& mint i, ini . { Notary Public Registration Numb g4 * , * M commission expires. + 0 N� +`• F* PUBUC r w a Q WY 46 t * i # + #f ti 1b Roanoke County and Town of Vinton. SWM MOU Facilities Inspection Services Page 3 ACTION NO. ITEM NO. E -5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER NIEUING DATE: August 13, 2013 AGENDA ITEM: Resolution approving the execution of a Memorandum of Understanding (MOU) between Roanoke county and the Town of Vinton providing for stormwater management plan review SUBMITTED BY: Tarek Moneir Deputy Director of Development Services APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The County of Roanoke and Town of Vinton (TOV) desire to cooperatively work together to continue to provide an optimum level of customer service to the development and construction community and streamline the review process. Therefore, the town would like to enter into this MOU to contract with the County Department of Community Development to obtain stormwater management plan review services on an as- needed basis for the review of constructions plans, concept stormwater management plans, site stormwater management plans and all of any documents included associated stormwater management reports related to the issuance of a development service permit. The County and the Town will provide the necessary personnel, materials, services, facilities, funds and otherwise perform all things necessary for or incidental to this MOU. The responsibilities for the County and the TOV are outlined in the attached agreement. This agreement will be effective for one (1) year commencing on the day of this approval and terminating on the last day of July 2014. The MOU may be modified, extended or terminated at any time by mutual consent of the parties or may be terminated by either party by giving ninety (90) days written notice to the other party. Susan N. Johnson, town Clerk, has provided a copy of an executed resolution by the town council dated July 15, 2013, agreeing to the terms and condition of the MOU. Page 1 of 2 FISCAL IMPACT: There is no request for funding associated with this agreement on behalf of Roanoke County. The TOV on the other hand agreed to pay the County a one (1) -time fee per project as follow: I. Any project review of less than one (1) acre size of land disturbance requiring stormwater review, the TOV will pay the County's current plan review fees; or, II. Any project review of more than one (1) acre size of land disturbance (VSMP is required) requiring stormwater review, the TOV will pay the County's current plan review fees plus fifty percent (50 %) of the local portion of the VSMP permit fee payment as specified by the fees schedule provided by the state. ALTERNA "IVES: A. Approving the attached resolution to enter into an agreement with TOV as specified in the attached MOU for only a period of one (1) year to provide stormwater management review services; or, B. Reject 'the attached MOU agreement and refuse providing such services to TOV STAFF RECOMMENDATION: Staff recommends alternative "A" and directs Community Development Department to provide development review services to TOV for one year beginning August 2013 and end on July 2014. Attachments: a) Proposed Resolution for Roanoke County b) Leiter from Nis. Susan 111 Johnson, To11 clerk c) an executed MOU by Town of Vinton 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, AUGUST 13, 2013 RESOLUTION APPROVING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN ROANOKE COUNTY AND THE TOWN OF VINTON PROVIDING FOR STORMWATER MANAGEMENT PLAN REVIEW WHEREAS, Roanoke County and the Town of Vinton desire to work cooperatively to provide an optimum level of customer service to the development and construction community and to streamline the review and post- construction inspection process; and WHEREAS, Roanoke County recognizes that, in order to maintain a high quality level of customer service to its development /construction community and to comply with federal, state, and local requirements for the stormwater management regulations, a close working relationship with the Town of Vinton is desirable and will be made possible through the execution of a Memoranda of Understanding for providing stormwater management plan review services to the Town of Vinton. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Memorandum of Understanding for providing stormwater management plan review services to the Town of Vinton is hereby approved (Exhibit A). 2. That the County Administrator, or his designee, is hereby authorized to execute the Memoranda of Understanding and any other necessary documents to accomplish this action, all to be upon a form approved by the County Attorney. Page 1of1 RESOLUTION NO, 2026 AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, JULY 16 2013, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA STORMWATER MANAGEMENT SERVICES A RESOLUTION authorizing the Town Manager for and on behalf of the Town of Vinton, to enter and execute two Memorandums of Understanding (MOUs) between Roanoke County Hoard of Supervisors and the Vinton Town Council. WHEREAS, Roanoke County and the Town of Vinton have continued to cooperatively work together to provide an optimum level of customer service to the development /construction community, and WHEREAS, Vinton Town Council recognizes that, in order to maintain a high quality level of customer service to its development /construction community and to comply with federal, state, and local requirements of the stormwater management regulations, a close working relationship with the County of Roanoke is desirable and will be made possible through said MOUs. NOW, THEREFORE, ICE IT RESOLVER, that Vinton Town Council does hereby authorize the Town Manager to enter and execute the following MCIUs: 1. Memorandum of Understanding for providing stormwater management plan review services to the Town of Vinton; and 2. Memorandum of Understanding for providing stormwater management facilities post - construction inspection services to the Town of Vinton and any other necessary documents which shall be in a form approved by the Town Attorney. This Resolution adopted on motion made by Council Member Adams, seconded by Council Member Altice, with the following votes recorded: AYES: Adams, Altice, Nance, Grosc NAYS: None ABSENT: Hare A1F DES T■ Susan N. Johnson, wn Clerk APPROVED: r 'B"r"a d ey E. liye , May y , R 4 v , V INTON Y a Town Vinto 11 S_ P ollard S treet Vinton, VA 2417 Phone (549) 988-060 Fax 50) 983.0626 July 18 201 �&. B. Clayton Goodman, 111, County Administrator County o Roanoke P . 0. Box 29800 Roanoke, VA 24018 - 0798 S usan N. Johmon Executive Assistant/Town Clerk : Memorandums of Understmding between Roanoke County and the Town of Vinton for providing storm Vater management plan review anti facilities post- construction inspection services Dear Mr. Goodman: Enclosed are two originals of each of the above- referenced Memorandums of Understanding which have been executed by Mr. Lawrence. Also, enclosed is a copy of Resolution No. 2026 authorizing his signature. Once these are approved by the Board and all parties have executed on behalf of the County, please return one completed copy of each to my attention. Note that the date needs to be completed on the fist and second page of each document. If you should have any questions, please feel free to contact our office. Very truly yours, Susan N. Johnson nj Enclosures c: Anita McMiHa.n, Planning & Zoning Director MEMORANDUM DUM O UNDERSTANDING BETWEEN ROANOKE COUNTY AND THE TOWN OF VII TON FOR PROVIDING STORMWATER. MANAGEMENT PLAN REVIEW SERVICES TO THE TOWN OF VINT N 1. PARTIES AND PURPOSE This Memorandum o f Understanding (MOU) is made and entered into this day o f , 2013 by and between the County of Roanoke, e, lr ni , a political subdivision of the Commonwealth of Virginia, hereinafter referred to as the "County", and the Town. of Vinton, a political subdivision of the Commonwealth of Virgi a, hereinafter referred to as the "'Town" for the purpose of providing stormwater management plan review services to the Town of Vinton, The Vinton Town Council recces that in order to maintain a high quality level of customer service to its development/construction c mmunuty and comply wi th federal, state, and local requirements of the storrnwater management regulations, a close working relationship with the County is desirable and will be made possible through this MOU. 11. SCOPE OF WORK The County and the Town desire to cooperatively work together to continue to provide an optimum level of customer service to the development/construction community. Therefore, the Town is entering into this MOU C J to contract with the County Department of Community Development t to obtain stormwater management plan review services on an as- needed basis for the preview of construction plans, concept storrnwater management plans, site storrnwater management plans and all or any documents including associated storm water management reports related to the issuance of a development services permit. For the period hereinafter set forth, the County and Town will provide the necessary personnel, materials, services, facilities, funds, and otherwise perform all things necessary for or incidental to this MOU. A. Responsibilities of the Town Planning and Zoru'ng Department: 1. Accept site and subdivision development plans for projects located in the Town and distribute for review and approval to the appropriate Town and County departments; 2. Collect all fees associated with the project; 3. Submit payment to the County for the stoirmw ter management plan review services as specified hereinafter, 4. Coordinate and attend pre-review, pre - construction andor any needed meetings with all parties involved in the review and approval of the Plans; 5. Act as plan Approval Authority and facilitate all appropriate and/or needed r ee6ngs; 6. Monitor the progress of the project in the field througb County Inspection; 7. Collect, administer,, maintain, reduce, and release site development surety necessary for all construction projects; and, 8. Maintain all records (record k eeping) for all projects. Roanoke County and Town of Vinton SWM MOU Plan Review Services Page 1 B . Responsibilities of the County Engineering SeMees Division 1. Review concept and site stormwater management plans at the discretion of the Town and provide recornxx endatior s on whether a project proposal meets en romr�ental site design to the maximum tent practicable; 2 . Review construction plans as they pertain to stormwater; 3 . Review stormwater management plan design revisions; 4 . Review construction revisions to "Issued perTn_its "; 5 . Provide conformity review for unissued projects due to ordinance, code or policy charges; 6 . Review storm eater management plan and calculations; 7 . Review all design calcula including stormwater management, hydraulic, hydrology, structural, mechanical (drain valves), etc.; 8 . Review stormwater management plan studies; 9 . Attend pre - review, pre - construction and/or any need meetings with all parties involved in the review and approval of the site plans. when needed, a pre - construction mc� eting will he held on Thursdays; and, 1 Plan reviewers shat l be accessible during normal business hours to attend meetings and/or answer questions conceniing comments generated as part of the review of plans, and any other documents submitted as part of the permit process. III. FEE AND PAYMENT For famishing of services as specified herein, the Town shall pay the County a one -time fee per project as follow a) Any project review of less than one acre (no Virginia St rmw t r Management Program VSMP permit is required) requiring Ston nwater review, the Town will pay the County's current plan revi fees. b Any project review of more than one acre VSMP is required) requiring Storm water review, the Town will pay the County's current plan review fees plus 0% of the local poilion of the VSMP permit fee payment as specified by the fees schedule. IV PERIOD OF AGREEMENT AND MODIFICATIONS This MOO will be effective for ONE year, commencing on the 2013 and terminating on the day of 7 20 . Th e terminated at any time by mu tual consent of the parties hereto, giving 90 days wr'tten notice to the other party. I V. APPROPRIATION day of y MOO may be modified, extended, or o r may be tenninated by either party by All obligations of the Town of Vinton under this MOLD that require the expenditure or payment ent o ands: b y the Town are subject to annual appropriations by the Vinton Town Council, Roanoke County and Town of V inton SWM MOU Plan Review Services Page IN WITNESS WHEREOF, the parties have executed tf� s Memorandum of Understanding on the day, month, and year indicated: FOR ROANOKE COUNTY: Approved as to Form Paul Mahoney County Attorney STATE OF VIRGINIA, CITY /COUNTY OF COUNT' OF ROA O E, VIRGINIA VA B. Clayton Goodman, III County Administrator to - County of Roanoke, V ffginia. Notary Public R egistration Numben My commission expires: FOR TOWN OF I T O t Approved as to Form: .. /Z k r El ewn eth Dillon T` Att orney STATE O F VIRGINIA, ' rN F (SEAL) (SEAL) The foreg instrument was acknowledged before me this V , / day of (a .3 013 by C hristopher S. Lawrence, Town Manager on behalf of the Town of Vint #, Virgini . A� _(�Aq ** �.. ■ W o hary Publi * R egistrati o n Numb My commission expires: } rr_ . t Roan ke Coun y and Town of Vinton SWIG MOU Plan Review Services Page #���•�� jL 2 *},* r * * ss v espos , * ** (SEAL) The foregoing instrument was acknowledged b efore me thi day of 2 01 3, by B. Clayton Goodman, III, County Administrat o n behalf of the N &I J o �i1 UI �00PAPO I1A Christoph. Lawrence Town M er 1 - h� } to -wit. ACTION NO, ITEM NO. F -1 &J%4-- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER I"Ir1EE`I "ING DATE: AGENDA I'VE M : SUBMITTED BY: August 13, 2013 Ordinance amending chapter 20 "Solid Waste" of the Roanoke County cede to establish requirements for the trading in secondhand articles, to require a permit for certain activities, to provide a penalty for violations, and to impose a permit fee Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY of INFORMATION: The 2013 Session of the Virginia General Assembly in chapter 414 amended various laws in Title 59.1 "Trade and Commerce" of the Cede of Virginia relating to the sale of second hand articles and scrap metal purchasers. This legislation imposed new obligations on local governments with respect to regulating this activity. This proposed ordinance incorporates by reference this new legislation, it provides for a permit, and imposes a permit fee. It is necessary to amend the County Cede in order to bring it into compliance with the Commonwealth's enabling legislation for scrap metal purchasers and to authorize a permit fee. Staff is proposing a permit fee of $50. The criminal background check and fingerprinting requirements will cost approximately $25 -35. The balance of this fee will partially cover the increased administrative costs in handling the permit applications. County staff has coordinated the development of a common permit application, a draft Focal ordinance, and administrative procedures with the ether local governments in the Roanoke Valley. The permit application form and ether explanatory materials will be placed on the County's website to facilitate compliance for our citizens. This proposed ordinance has been advertised in the Roanoke Times for a public hearing at 3:00 P.M. on August 13, 2013, seeking citizen comments on it as well as the proposed permit fee. Page 1 of 2 County staff is also recommending that the Board waive second reading of this ordinance as an emergency measure. This legislation became effective July 1; however, it has taken one (1) month to coordinate actions with other localities and to develop the forms and procedures to bring the County into compliance. It is necessary to adopt this ordinance and to put into place the administrative procedures so that citizens involved in scrap metal 'transactions can lawfully continue their activities. STAFF RECOIL MENDAI'ION: It is recommended that the Board (1) hold the advertised public hearing on this proposed ordinance, (2) favorably consider the adoption of this ordinance at first reading and (3) if it is the pleasure of the Board to adopt this ordinance, to then waive second reading since it is an emergency. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 13, 2013 ORDINANCE AMENDING CHAPTER 20 "SOLID WASTE" OF THE ROANOKE COUNTY CODE TO ESTABLISH REQUIREMENTS FOR THE TRADING IN SECONDHAND ARTICLES, TO REQUIRE A PERMIT FOR CERTAIN ACTIVITIES, TO PROVIDE A PENALTY FOR VIOLATIONS, AND TO IMPOSE A PERMIT FEE WHEREAS, Chapter 20. "Solid Waste" of the Roanoke County Code establishes the local requirements for the handling and disposal of solid waste; and WHEREAS, Chapter 414 of the 2013 Session of the Virginia General Assembly amended various laws in Title 59.1 "Trade and Commerce" of the Code of Virginia relating to the sale of second hand articles and scrap metal purchasers; and WHEREAS, it is necessary to amend the County Code in order to bring it into compliance with the Commonwealth's enabling legislation for scrap metal purchasers and to authorize a permit fee; and WHEREAS, first reading and public hearing of this ordinance was held on August 13 2013, and the second reading of this ordinance has been dispensed with since an emergency exists, upon a 4 /5ths vote of the members of the Board. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Article III. Recycling of Chapter 20. Solid Waste be amended by the addition of a new section 20 -41 to read and provide as follows: Article III. Recycling Sec. 20 -41. Scrap Metal Page 1 of 2 (1) Article 1 (§ 59.1 -116.1 through 59.1 -124) of Chapter 9 of Title 59.1 of the Code of Virginia is hereby adopted and made a part of this chapter as if fully set forth in its entirety herein. (2) Permit required. - It shall be unlawful for any person to offer for sale or acquire any secondhand heating or plumbing fixtures or supplies, electric fixtures or any wiring, gas fixtures or appliances, water faucets, pipes, locks, bathtubs, gutters, downspouts, or other secondhand fixtures of whatever kind or description pertaining to a building or structure, without first obtaining a permit for the sale or acquisition of the same from the chief of police. (3) Permit fee. -The fee for obtaining a permit for trading in second hand building materials as required by this section shall be Fifty Dollars ($50.00) annually. Any person who violates this section shall be guilty of a Class 3 misdemeanor. A person convicted of a second or subsequent offense under this section shall be guilty of a Class 1 misdemeanor. (4) Penalties. (a) Any scrap metal purchaser who negligently violates any provisions of this ordinance may be assessed a civil penalty not to exceed $7,500 for each violation. The County Attorney may bring a civil action to recover such civil penalty. The civil penalty shall be paid into the local treasury. (b) Any scrap metal purchaser who knowingly violates any provision of this ordinance is guilty of a Class 1 misdemeanor. 2. Permits are issued on a calendar year basis, and expire on December 31 of the year issued. All permits issued in 2013 shall expire on December 31, 2014. 3. That the second reading of this ordinance is dispensed with due to an emergency and this ordinance shall be in full force and effect from and after its adoption. Page 2 of 2 ACTION NO. ITEM NO. G -1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COU NTY ADMINISTRATION CENTER MEE'rING DATE: AGENDA ITEM: SU BMITrED BY: APPROVED BY: August 13, 2013 Ordinance appropriating $1 0,000 to General Services from the Department of Game and Inland Fisheries for fiscal year 2013/2014 for the purchase of bear resistant garbage containers Anne Marie Green General Services Director B. Clayton Goodman ,111__ County Administrator�� � COUNTY ADMINISTRATOR'S COMMENTS: �eL*trer,en SUMMARY OF INFORMAnON: Over the past several years, Roanoke County residents have reported increasing issues with bears getting into trash cans, overturning them and leaving a mess. Staff has been investigating bear - resistant trash cans and has in the past offered to share the cost of these containers with the citizens, although today, none have been interested in doing so. Staff recently learned of a grant for assistance with programs such as these, and has received $10,000 to purchase a small startup supply of the commercially manufactured bear - resistant containers. These funds will allow the County to offset the cost of the containers for the citizens by as much as half. This could be as much as $125 per container as the bear carts can cost $250, three times what we normally pay for a container. Page 1 of 2 This is an example of a bear resistant can. There are basically two types of release mechanisms. One, which is generally more expensive, releases when it is grabbed by the automated trucks. The other requires manual release by the resident on trash day. We will look at both, but based on information staff has seen at conferences, the manual latch will probably be less expensive, so the County can purchase more cans and reach more citizens with this program. FISCAL IMPACT: This grant is coming from the Virginia Department of Game and Inland Fisheries, and does not require matching funds. Funds are to be appropriated as follows 522000 -6013: $10 STAFF RECOMMENDATION: Staff recommends approval of the first reading of this ordinance and establishing the second reading on August 27, 2013. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 13, 2013 ORDINANCE APPROPRIATING $10,000 TO GENERAL SERVICES FROM THE DEPARTMENT OF GAME AND INLAND FISHERIES FOR FISCAL YEAR 2013/2014 FOR THE PURCHASE OF BEAR RESISTANT GARBAGE CONTAINERS WHEREAS, funds from the Virginia Department of Game and Inland Fisheries (DGIF), in the amount of $10,000, have been received and earmarked for the purpose of purchasing bear resistant garbage containers; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, first reading of this ordinance was held on August 13, 2013, and the second reading was held on August 27, 2013. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the sum of $10,000 is hereby appropriated from DGIF for purchase of bear resistant garbage containers for fiscal year 2013/2014; and 2. That this ordinance shall apply to fiscal year 2013/2014. Page 1of1 ACTION NO. ITEM NO. G -2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA IrrEM: SUBMITTED BY: APPROVED BY: August 13, 2012 Ordinance approving a telecommunications and facilities licensing agreement with Lumos Networks at the Social Services Building, 220 East Main Street, Salem, Virginia and appropriating $900 annually in lease proceeds to the Salem Bank and Trust Building Account Anne Marie Green Director of General Services B. Clayton Goodman I County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMA"T"ION: Lumos Networks has been asked to provide communications equipment on the roof of the Social Services Building in Salem for the purpose of providing service for Ntelos, which is already a tenant on the roof. The new equipment will be placed on the rack already in place and owned by Ntelos, and will be submetered for electricity so that Lumos will pay for its use directly to the City of Salem. Staff has negotiated a price of $75/month for this use, which is the same as charged for a similar situation with Cox Communications in June 2012. Lumos is aware that the building is about to undergo renovation and has agreed to work with the County, at no cost, during the roof replacement period. FISCAL IMPACT: Roanoke County will receive $900 annually from this lease, which will be deposited in the account for the upkeep of that building. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors approve the first reading of this ordinance, and set the second reading for August 27, 2013. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 13, 2013 ORDINANCE APPROVING A TELECOMMUNICATIONS AND FACILITIES LICENSING AGREEMENT WITH LUMOS NETWORKS AT THE SOCIAL SERVICES BUILDING, 220 EAST MAIN STREET, SALEM, VIRGINIA AND APPROPRIATING $900 ANNUALLY IN LEASE PROCEEDS TO THE SALEM BANK AND TRUST BUILDING ACCOUNT WHEREAS, the Board of Supervisors of Roanoke County in regular session approved a telecommunications and facilities licensing agreement with Lumos Networks at the Social Services Building, 220 East Main Street, Salem, Virginia; and WHEREAS, Lumos Networks will be paying a licensing fee in the amount of $900 annually to the County, which will be placed in the General Fund; and WHEREAS, all lease proceeds from that building are placed in the Salem Bank and Trust Account for maintenance and upkeep; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, first reading of this ordinance was held on August 13, 2013, and the second reading was held on August 27, 2013. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the telecommunications and licensing agreement with Lumos Networks is hereby authorized and approved. 2. That the lease proceeds of $900 annually are hereby appropriated from the sources and for the purposes as stated above. Page 1 of 2 3. That the County Administrator, or Assistant County Administrator, is authorized to execute such document and take such actions on behalf of Roanoke County as are necessary to accomplish this transaction, all of which shall be upon form approved by the County Attorney. 4. That this ordinance shall take effect from and after the date of adoption. Page of TELECOMMUNICATIONS FACILITIES AND LICENSE AGREEMENT This Telecommunications Facilities and License Agreement ( "Agreement ") is entered into this day of , 2013, by and between Lumos Networks Inc. dba Lumos Networks ( "Lumos ") and County of Roanoke ( "Owner "). Owner holds title to, or is the authorized agent of the titleholder of, certain property located at 22o E. Main Street, Salem, VA 24153 ( " Property "). Lumos agrees to pay Owner seventy five dollars ($75-00) monthly as rent for use of the Property. Lumos further agrees that said rent payments are payable quarterly in advance on the first day of each quarter, commencing on July 1, 2013. Owner and Lumos desire to enter into this Agreement for Lumos to provide its services to the Property under the terms and conditions herein. 1. Grant of Access and License. Owner grants Lumos permission to install and maintain its telecommunications facilities ( "Facilities ") on the Property to provide services including voice, video and data and other telecommunications, and information services ( "Services ") to Owner's tenants and /or other persons occupying the Property ( "Tenants "). Prior to beginning any construction at the Property, Lumos shall obtain Owner's prior consent to Lumos construction plans and location of Facilities, such consent not to be unreasonably withheld, conditioned or delayed. Owner further grants to Lumos a non - exclusive license and the right to enter the Property including all common areas and facilities to install, connect, disconnect, transfer, service, upgrade, replace, remove or repair the Facilities. Upon termination of Lumos Services to the Property, Lumos may at its option enter the property and remove the Facilities. Lumos right to enter the Property for the purpose of removing the Facilities shall survive termination of this Agreement. At Owner's written request, however, Lumos shall remove the Facilities (excluding "Internal Wiring" (defined below) within ninety (go) days after termination of this Agreement. 2. Ownership of Facilities. The Facilities are and shall remain the sole and exclusive property of Lumos and shall not become fixtures of the Property, except for "Internal Wiring" which is defined as the wiring, ports and outlets located within a commercial unit receiving Services back up to the demarcation point, which shall be either (i) the building's minimum point of entry (MPOE) as defined by the FCC or (ii) that point roughly twelve (i2) inches outside of the Tenant's individual commercial unit. 3. Obligations of Lumos. Lumos agrees: (i) to pay for any materials and labor reasonably necessary to install the Facilities, except as provided in Lumos Services Agreements(s) or other agreements(s) between Lumos and Tenants; (ii) to repair any damage to Owner's Property (including any necessary replacements), if such damage results directly from Lumos installation of the Facilities, and to restore the Property to as near its condition prior to installation of the Facilities as may be practicable to Owner's reasonable satisfaction; (iii) to keep the Property free of liens resulting from the installation of the Facilities; (iv) Owner shall have no responsibility for the Services provided by Lumos to Tenants or for the proper functioning of the Facilities; and (v) to obtain all necessary governmental authorizations for the construction and operation of the Facilities on the Property and to perform such construction in a good and workmanlike manner. 4. Obligations of Owner. Owner agrees: (i) not to use or permit others to use the Facilities or any equipment that interferes with the Facilities' operation; (ii) not to move, disturb, or alter the Facilities or permit any third party to do so without Lumos prior written consent; (iii) that this Agreement and Lumos rights granted herein shall be binding upon Owner's successors and assigns; (iv) to notify any successor Property owner of Lumos rights under this Agreement; (v) that Owner has full authority to execute this Agreement and grant the rights herein granted and there are no prior or existing agreements, nor will there be any agreements during this Term, that would be breached by the execution by Owner of this Agreement or by Lumos provision of the Services; (vi) to reasonably assist Lumos in identifying the location of the private utility lines within the Property. 5. Indemnification. Lumos agrees to indemnify, defend and hold Owner harmless form all claims, suits, proceedings, liabilities, losses, costs, damages and expenses, including reasonable attorneys' fees (the "Claims ") for any personal injury or property damages arising out of (a) Lumos negligence in the installation or removal of the Facilities; or (b) Lumos breach of this Agreement. To the maximum extent allowed by the laws of the Commonwealth of Virginia, Owner agrees to indemnify, defend and hold Lumos harmless from all Claims arising out of (a) the renting, leasing or purchasing of space at the Property; (b) injuries or damage to Lumos employees, agents or the Facilities arising out of the negligent acts or omissions of Owner, its agents or employees; or (c) Owner's breach of this Agreement. This Section 5 (Indemnification) shall survive the expiration or termination of this Agreement. 6. Term. The "Term" shall begin upon execution by the parties and continue for five (5) years from the first day of the first full calendar month following both parties' execution of this Agreement. Thereafter, the Term shall continue for as long as Lumos is providing Services to Tenants. The foregoing notwithstanding, Lumos may terminate this Agreement if it becomes technically, legally, or financially impracticable to continue providing services. In addition thereto, Owner may terminate this Agreement if it becomes technically, legally, or financially impracticable to continue hosting Lumos at the facility. 7. Default. If either party fails to perform any material obligation or such default is not cured within thirty (30) days after written notice from the other party, the non- defaulting party may immediately terminate this Agreement by providing written notice to the defaulting party. Notwithstanding the foregoing, if such non - performance cannot be cured within such thirty (30) day period with the exercise of reasonable due diligence and the defaulting party provides adequate assurance of its ability to perform, the non- defaulting party may, in its sole discretion, grant a reasonable additional period of time in which to cure such non - performance, so long as the defaulting party is acting promptly and diligently to cure. 6 8. Miscellaneous. This Agreement is the entire understanding between the parties and supersedes any prior agreements or understandings related to this subject matter, whether oral or written. This Agreement may not be amended except by a written instrument executed by both parties. Lumos shall not assign, delegate, or transfer (i) to any affiliate; (ii) any entity merging with or acquiring substantially all of the assets of Lumos or (iii) any telecommunications or information carrier providing Services to Tenants the whole or any part of this Agreement or any of its interests, rights or obligations hereunder, by operation of law or otherwise, without the prior written consent of Owner, which consent shall not be unreasonably withheld, conditioned or delayed. This agreement shall be interpreted, construed and enforced in all respects in accordance with the laws of the Commonwealth of Virginia, without reference to conflict of laws principles. Notices shall be sent by United States Certified Mail or nationally recognized courier. This is not a service agreement nor is Lumos obligated to provide Services to the Property unless and until its Facilities have been constructed on the Property, which construction shall be at the sole discretion of Lumos. All equipment placed in the cabinet room or MPOE by Lumos belongs to Lumos and in the event of a bankruptcy or disconnection order Lumos retains the right to recover its equipment at any time (during normal business hours) within sixty (60) days. 9. Roof Replacement. Lumos understands that Owner is in the process of planning for a replacement of the roof on the building, which will require moving of equipment temporary connections will be routed to prevent any possible disruption of service, and agrees to cooperate in this endeavor at no cost to the Owner. Lumos further agrees that disruption due to the project will not be deemed a default on the part of the Owner, and will not hold Owner liable for any costs or loss of revenue related to the roof replacement project. OWNER: Signature: Name & Title: Date: Address: Telephone: Fax: Email: Hours of Access: 3 Lumos Networks Inc.: Signature: Name & Title: Date: Address: Telephone: Fax: ACTION No. ITEM NO. G -3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA rrEM: SUBMITTED BY: APPROVED BY: August 13, 2013 Ordinance appropriating $9,583.15 to the Social Services budget for fiscal year 2013 -2014 for additional State funds to be used for training as a result of exceptional departmental performance W. Brent Robertson Director of Management and Budget B. Clayton Goodman ,l�l County Administrator�i' COUNTY ADMINIS'TRATOR'S COMMENTS: SUMMARY of INFORMATION: The Department of Social Services receives, throughout the year, additional appropriations for public assistance and services delivery. For fiscal 2013 -2014, the Virginia Department of Social Services has approved a one --time allocation. As a result, additional funds in the amount of $9,583.15 are available. The local match for these funds is already included in the 2013 -2014 budget, thus no additional local funds are required. `the Board of Supervisors is requested to appropriate $9,583.15 to the Social Services budget and to appropriate the related revenues from the State. STAFF RECOMMENDATION: Staff recommends appropriation of $9,583.15 to the fiscal year 2013 -2014 Social Services budget to be distributed in the following manner: $9,583.15 to staff training and education (601000 -5540) and to appropriate the same revenues from the State. 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, AUGUST 13, 2013 ORDINANCE APPROPRIATING $9,583.15 TO THE SOCIAL SERVICES BUDGET FOR FISCAL YEAR 2013 -2014 FOR ADDITIONAL STATE FUNDS TO BE USED FOR TRAINING AS A RESULT OF EXCEPTIONAL DEPARTMENT PERFORMANCE WHEREAS, the Department of Social Services has received a one -time allocation of $9,583.15 to be used for training purposes as a result of exceptional departmental performance; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, first reading of this ordinance was held on August 13, 2013, and the second reading was held on August 27, 2013. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the sum of $9,583.15 is hereby appropriated from the sources and for the purposes as follows: staff training and education (601000 -5540) and to appropriate the same revenues from the State. 2. That this ordinance shall take effect from and after the date of adoption. Page 1 of 1 ACTION NO. ITEM NO. H -1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DXrE: August 13, 2013 AGENDA rrEIW: Ordinance renewing a contract to provide Commonwealth Attorney services to the Town of Vinton and appropriate $1 0,920 each year for fiscal years 2913 -2014 and 2014 -2015 SUBMITTED BY: Rebecca E. Owens Director of Finance APPROVED BY: B. Clayton Goodman 1.4 County Administrator aQ34--_ COUNTY ADMINIS"rRATOWS COMMENTS: SUMMARY OF INFORMATION: Since July 2094, the Commonwealth's Attorney office has been providing service to the Town of Vinton through a contractual arrangement. The Town pays a fee to - the County, which is then distributed as a supplement to the Assistant Attorneys in the Commonwealth Attorney's office. in return, they handle the prosecution of the Town of Vinton's criminal cases, including traffic infractions, misdemeanors and preliminary hearings of felony cases. This arrangement has worked well for both parties, and they would like to renew the contract again. There is no change in the supplement amount for the six (0) attorneys and the contract period would be Jul 1, 2013-June 30, 2015. A copy of the contract is attached to this board report. FISCAL IMPACT: The Town of Vinton will pay the County $10,920 to provide legal services for the 2013- 2014fiscal year and for the 2014 -2015 fiscal year. This money will be paid to the six (6) Assistant Commonwealth's Attorneys, as a supplement of $65 per pay period. (The $10,920 will also cover the employer portion of the FICA tax for these employees.) Page 1 of 2 STAFF RECOMMENDATION: Staff recommends approval of the first reading of this ordinance and scheduling of the second reading on August 13, 2013. Staff further recommends the approval of the attached contract for the County commonwealth's Attorney office to provide legal services to the Town of Vinton for the 2013-2015 fiscal years. Page 2 of 2 CONTRACT FOR PROFESSIONAL LEGAL SERVICES BE IT KNOWN THAT this agreement is entered into by and between the Town of Vinton, Virginia (hereinafter sometimes referred to as "Town" ) and Roanoke County Commonwealth's Attorney (hereinafter sometimes referred to as "Counsel"). Counsel hereby agrees to furnish the following services: R epresenting the Torn in the prosecution of criminal cases, including but not limited to traffic infractions, misdemeanors, civil and mental hearings, and preliminary hearings of felony eases, as well as cases in Juvenile and Domestic Relations Co i 5 and in the Cowl of Appeals of Virginia on petitions for writ of error *. Counsel will also act as a legal advisor on criminal issues for the local law enforcement (Town of Vinton Police Department). The scope of this contract does not include litigation or proceedings arising out of or involving tort or worker's compensation. These legal services are to be provided under the immediate supervision of the Roanoke County Commonwealth's Attorney, Edwin R. Leach. In consideration f ci - vices described hereina o o, the Town hereby agrees to pay the Counsel $10,920 per annum to be used as follows: 1. Each of the six attorneys listed in Attachment A will receive a pay supplement of $65.00 per pay period. Based on 26 pay periods per gear, this amounts to an annual supplement of $1,820 each (including the employer portion of FICA tax at $4.98 per pay period). 2, Any amounts remaining, due to turnover in the office, may be used by Counsel for other office expenses, related to Vinton cases, Upon execution of the contract, the Town should mail a check in the amount of $10,920 to the County of Roanoke, Finance Department, Attention Ms. Rebecca Owens, PO Box 29800, Roanoke, VA 24018. At least semi- annually, Counsel will provide a summary of cases handled by Counsel, slowing a breakdown of the cases handled on behalf of the Town of Vinton. The County of Roanoke e will include the pay supplement on the County payroll checks for the attorneys listed on Attachment A. Any change in attorneys will require an amendment to Attachment A, which will need to be signed by the County Director of Finance, in order to insure that the payroll change is made. A copy of this amendment will by mailed to the Town of Vinton, Attention Mr. C -is Lawrence, 311 South Pollard Street, Vinton, VA 24179. This contract is for a two year period only, commencing July 1, 2013 and ending on June 30, 2015. This contract may be renegotiated on a biennial basis. This contract shoul d be renegotiated thirty days before the beginning of the new fiscal year in order to insure the continuation of the pa supplement to the individual attorneys. All records, reports, documents and other material delivered or transmitted to Counsel by Town shall remain the property of Town, and shall be returned Counsel to o n, at Counsel's expense, at termination or expiration of this contract. All records, reports, documents, pleadings, exhibits or other material related to this contract and/or obtained or prepared by Counsel in connection with the performance of the services vices ontra to or herein shall became the propelt Town, and shall, upon request, be returned by Counsel to Town, at termination or expiration of this contract. The Town and Counsel acknowledge and agree that the Department of Justice has the right to review all records, repoils, worksheets r any other material of either party related to this contract. The Town and Counsel further agree that they or either* of therm will furnish to the I epatime .t of Justice, upon request, copies of any and all records, re ts, worksheets, bills, statements or any other material of Counsel or Town related to this contract. Counsel agrees to abide by the requirements ent of the following as applicable: Title VI and VII of the Civil Rights Act of 1964, as amended by the Equal Oppoilunity Act of 1972, Federal Executive order 11246, the Federal Rehabilitation Act of 1973, as amended, the Vietnam Era Veteran's Readjustment Assistance Act of 1974, Title 1X of the Education Amendments of 1972, the Age Act of 1975, and counsel agrees to abide by the requirements of the Americans with Disabilities Act of 1990. Counsel agrees not to discriminate In its employment practices, and will render services under this contract without regard to race, color, religion, sox, national origin, veteran status, political affiliation, or disabilities. IN WITNESS WHEREOF, the panties have executed this Agreement as of this day of T AI SIGNATURE: Title. COUNSEL SIGNATURE Title: Commonwealth's Attorney ROANOKE COUNTY SIGNATURE: Title: Director of Finance ATTACHMENT T A The following attorneys will receive a supplement of $65.40 per pay period for work performed for the Town of Vinton, during their period of employment with the County of Roanoke, for the period of time beginning July 1, 2013 and ending June 30, 2014. Aaron T. Lavinder Patrick C. Buchanan, Jr. Ashley E. Sweet Brian T. Holohan Matthew M. Miller Camille Turner AMENDMENT To ATTACHMENT Due to changes in personnel, the following individual will no longer receive a supplement of $65.00 per pay period, for providing services to the Town of Vinton: Name of Attorney Effective date to stop supplement Due to changes in personnel, the following individual will begin to receive a supplement of .00 per pay period, for providing s i - vices to the Town of 'Vinton: Name of Attorne Effective date to staff supplement Submitted By: Edwin R. Beach Commonwealth" s Attorney Dat Approved By: Rebecca Owens Director of Finance Date AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 13, 2013 ORDINANCE RENEWING A CONTRACT TO PROVIDE COMMONWEALTH ATTORNEY SERVICES TO THE TOWN OF VINTON AND APPROPRIATE $10,920 EACH YEAR FOR FISCAL YEARS 2013 -2014 AND 2014 -2015 WHEREAS, since July 2004, the Commonwealth's Attorney office has provided service to the Town of Vinton through a contractual arrangement to handle the prosecution of criminal cases, including traffic infractions, misdemeanors and preliminary hearings of felony cases; and WHEREAS the Town pays a fee to the County, which is then distributed as a supplement to the Assistant Attorneys in the Commonwealth Attorney's office; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, first reading of this ordinance was held on July 23, 2013, and the second reading was held on August 13, 2013 BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the contract for the Commonwealth's Attorney Office to provide legal services to the Town for fiscal years 2013 -2015 is approved. 2. That the sum of $10,920 is hereby appropriated from the Town of Vinton. 3. That this ordinance shall take effect July 1, 2013, for fiscal year 2013 -2014 and July 1, 2014, for fiscal year 2014 -2015. Page 1of1 ACTION NO. ITEM NO. H -2 aCRT, AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER IVIEE'I'ING DATE: AGENDA ITEM: SUBMITTED BY: August 13, 2913 Ordinance accepting the conveyance of a parcel of real estate adjacent to the Roland E. Cook Elementary School (Tax Map #60.16- 09 -39) from the Roanoke County School Board to the Board of Supervisors Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMA'T'ION: By ordinance 061113 -6 adopted by the Board of Supervisors on June 11, 2013, the Board accepted the conveyance of the Roland E. Cook Elementary School (Tax Map #60.16- 09 -40) from the County School Board of Roanoke County. Since that time, it has been discovered that the parking lot adjacent to the school is a separate parcel (Tax Map #60.16- 09 -39) and was not included in the declaration allowing the Board of Supervisors to obtain ownership of this parcel. On July 22, 2913, the School Board adopted a resolution declaring the additional property identified as Tax Map #60.16-09-39 to be surplus property and requested the Board to accept and sell this property. This ordinance authorizes the acceptance of a conveyance from the County School Board of Roanoke County of this additional parcel adjacent to the Roland E. Cook Elementary School. If in the future the Board of Supervisors decides to sell this property, then the proceeds of any sale of this real estate shall be shared equally with the School Board. The County's share of the proceeds shall be paid into the County's capital facilities accounts and expended solely for the purpose of acquisition, construction, maintenance or replacement of other capital facilities, as provided in Section 16.91 of the Roanoke County Charter. The School Board's share shall be paid into its capital facilities Page 1 of 2 accounts and expended solely for the purpose of acquisition, construction, maintenance or replacement of other school capital facilities STAFF RECOMMENDATION: Staff recommends approval of the first reading of this ordinance and scheduling of the second reading and public hearing on August 13, 2013. Page 2 of 2 Action # Item # AT A REGULAR MEETING OF THE COUNTY SCHOOL BOARD OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY SCHOOLS ADMINISTRATION BUILDING WHEREAS, by Action # adopted by the Roanoke County School Board on the School Board declared Roland E. Cook Elementary School (Tax Map #60.16- 09 -40) to be surplus property and requested the Board of Supervisors of Roanoke County to sell this property; and WHEREAS, Roland E. Cook Elementary School consists of two parcels (Tax Map #60.16- 09 -39 and #60.16- 09 -40) and it was the intention of the County School Board to include both parcels in the above mentioned resolution; and WHEREAS, the School Board desires to transfer all of this real estate (Tax Map #60,16- , 09 -39 and #60,16- 09 -401 and the personal property located therein to the Roanoke County Board of Supervisors pursuant to Section 22.1 -129A of the Code of Virginia. NOW, THEREFORE, BE IT RESOLVED that the County School Board of Roanoke County pursuant to Section 22,1 -129A of the Code of Virginia hereby declares Roland E. Cook Elementary School (Tax Map #60.16 -09 -39 and #60,1609 -40) to be surplus; and it requests the Board of Supervisors of Roanoke County to sell these properties by appropriate competitive methods, and to share equally the net proceeds from any sale with the School Board; and BE IT FURTHER RESOLVED that a copy of this Resolution signed by the Chairman and certified by the Clerk shall be filed with the Clerk of the Roanoke County Circuit Court; and BE IT FURTHER RESOLVED that the Chairman and the Clerk are authorized to execute a deed and such other documents and to do such other things as may be necessary to transfer title to these properties to the Board of Super visors of Roanoke County, Virginia. 7t, 4 J Choi an AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 13, 2013 ORDINANCE ACCEPTING THE CONVEYANCE OF A PARCEL OF REAL ESTATE ADJACENT TO THE ROLAND E. COOK ELEMENTARY SCHOOL (TAX MAP #60.16- 09 -39) FROM THE ROANOKE COUNTY SCHOOL BOARD TO THE BOARD OF SUPERVISORS WHEREAS, at their meeting on July 11, 2013, the County School Board of Roanoke County declared a parcel of real estate adjacent to the Roland E. Cook Elementary School to be surplus property, thus allowing the Board of Supervisors to obtain ownership of the property upon approval of this ordinance and recordation of a deed; and WHEREAS, the County School Board desires to transfer this real estate to the Board of Supervisors pursuant to Section 22.1 -129A of the Code of Virginia; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance was held on July 23, 2013, and the second reading and public hearing was held on August 13, 2013. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the acquisition from the County School Board of Roanoke County of real estate adjacent to the Roland E. Cook Elementary School identified as Tax Map #60.16 -09 -39 is hereby authorized and approved. 2. That the proceeds of any sale of this real estate shall be shared equally with the School Board, and be paid into the School Board's and the County's capital facilities accounts and expended solely for the purpose of acquisition, construction, Page 1 of 2 maintenance or replacement of other capital facilities as provided in Section 16.01 of the Roanoke County Charter. 3. That the County Administrator or Assistant County Administrators are hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this real estate, all of which shall be approved as to form by the County Attorney. Page 2 of 2 ACTION NO. ITEM NO. H -3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER NIEE'rING DATE: August 13, 2013 AGENDA ITEM: Ordinance appropriating - the Local Government Challenge Grant in the amount of $5,000 From the Virginia Commission for the Arts SUBMITTED BY: W. Brent Robertson Director of Management and Budget APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMA Roanoke County has been awarded the Local Government Challenge Grant from the Virginia Commission for the Arts. The Commission will match up to $5,000 (if full funding is approved) of any donation the County makes to qualified art organizations in the valley. In the fiscal year 2012 -13 budget, the Board of Supervisors approved an appropriation of $2,400 for the Historical Society of Western VA — O. Winston Link Museum and $4,800 for the Roanoke Symphony Orchestra. Staff, therefore, applied for the maximum grant allocation of $5,000. Roanoke County was awarded $5,000 for fiscal year 2012 - -2013. FISCAL IMPACT: Staff recommends dividing the $5,000 grant between the Historical Society of Western VA --- O. Winston Link Museum and the Roanoke Symphony Orchestra. Combined with the County's appropriation, the following amounts would be available to the organizations referred to above: Page 1 of 2 Coun VCA Total Historical Society of Western VA — O. Winston Link Museum $2,400 $2,500 $4,900 Roanoke Symphony $4 $2 $7 $7,200 $5,000 $12,200 ALTERNATIVES: There are no alternatives to this agenda item. STAFF RECOMMENDATION: Staff recommends acceptance of the Local Government Challenge Grant from the Virginia Commission for the Arts in the amount of $5,000 to be distributed as indicated above. 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, AUGUST 13, 2013 ORDINANCE APPROPRIATING THE LOCAL GOVERNMENT CHALLENGE GRANT IN THE AMOUNT OF $5,000 FROM THE VIRGINIA COMMISSION FOR THE ARTS WHEREAS, Roanoke County has been awarded the Local Government Challenge Grant from the Virginia Commission for the Arts in the amount of $5,000. The Commission will match up to $5,000 (if full funding is approved) of any donation the County makes to qualified art organizations in the valley; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, the first reading of the ordinance was held on July 23, 2013 and the second reading was held on August 13, 2013. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the sum of ($5,000) is hereby appropriated from the Virginia Commission for the Arts as follows: County Historical Society of Western VA — O. Winston Link Museum $2,400 Roanoke Symphony $4 $7,200 2. That this ordinance shall apply to fiscal ye VCA Total $2,500 $4,900 $ 2 , 500 7 300 $5,000 $12,200 ar 2012/2013. Page 1of1 ACTION NO. ITEM NO. 1.1 -6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEE'rING DATE: August 13, 2013 AGENDA ITEM: Appointments to Committees, Commissions and Boards SUBMITTED BY: Deborah C. Jacks Clerk to the Board APPROVED BY: B. Clayton Goodman 11 County Administrator COUNTY ADMINIs'rRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Capital Improvement Program (CIP) Review Committee (appointed by District) The following one -year term will expire on August 31, 2013: a) Paul St. Clair representing the Vinton Magisterial District The following one -year term expired on August 31, 2012: a) Becky Walter, representing the Hollins Magisterial District; Ms. Walter has served three consecutive terms and therefore cannot be reappointed. 2. Economic Development Authority (EDA) (appointed by District) Chairman Mike Altizer has recommended the reappointment of Stephen A. Musselwhite to represent the Vinton Magisterial District for an additional four (4) -year term. Confirmation of this appointment has been placed on the Consent Agenda. Vice Chairman Charlotte Moore has recommended the reappointment of Billy Branch to represent the Cave Spring Magisterial District for an additional four(4) -year term. Confirmation of this appointment has been placed on the Consent Agenda. Page 1 of 2 3. Parks, Recreation and Tourism Advisory commission (appointed by District) Ssunny Shah who represented the Windsor Hills Magisterial District has resigned from this Commission. Supervisor Elswick has recommended the appointment ofAtul Patel to fill the unexpired term of Mr. Shah. This term will expire June 30, 2015. Confirmation of this appointment has been added to the Consent Agenda. The three -year term of Roger L. Falls, representing the Vinton Magisterial District, expired on June 30, 2012. 4. Roanoke County Community Leaders Environmental Action Roundtable (RCCLEAR) (appointed by District) Supervisor Richard Flora has recommended the appointment of hladean Carson to represent the Hollins Magisterial District to a three year term to expire August 31, 2013. Confirmation of this appointment has been placed on the Consent Agenda The following three -year terms will expire on August 31, 2013: a) Dawn Werness, representing the Vinton Magisterial District. Ms. Werness has advised she does not wish to serve an additional term. b) David Wymer, representing the Catawba Magisterial District. 5. Roanoke County Stormwater Advisory Committee (appointed by District and At Large) Supervisor Moore has recommended the appointment of Leonard Firebaugh to represent the Cave Spring Magisterial District. There is no term limit on this appointment. Confirmation has been added to the Consent Agenda. 6. Social Services Advisory Board (appointed by District) The four -year term of Dorothy Hayes, representing the Hollins Magisterial District, will expire on July 31, 2013. Supervisor Flora has recommended the appointment of Mike Bailey to a four -year term to expire July 31, 207. Confirmation of this appointment has been placed on the Consent Agenda. Page 2of2 i AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 13, 2013 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for August 13, 2013, designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 6 inclusive, as follows: 1. Approval of minutes — July 9, 2013 2. Request to amend the scope of services for the A/E contract with Holzheimer, Bolek and Meehan for additional design work to upgrade flooring and prepare designs and bid documents for an outdoor picnic area at the Glenvar Library 3. Confirmation of appointment to the Economic Development Authority (EDA) (appointed by District); Parks, Recreation and Tourism Advisory Commission (appointed by District); Roanoke County Stormwater Advisory Committee (appointed by District and At Large); Social Services Advisory Board (appointed by District) 4. Request for appointment of representative to the Roanoke County Community Policy Management Team (CPMT) 5. Request to approve the donation of seized Roanoke County Police Department vehicles to the Town of Pulaski 6. Resolution initiating a rezoning of two (2) parcels of real estate located on Westmoreland Drive and owned by the Board of Supervisors of Roanoke County, Cave Spring Magisterial District Page 1of1 ACTION NO. ITEM NO. J -2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEE'T'ING DATE: AGENDA rrEM: SUBMITTED BY: AP PROVED BY: August 13, 2013 Request to amend the scope of services for the AIE contract with Holzheimer, Bolek and Meehan for additional design work to upgrade flooring and prepare designs and hid documents for an outdoor picnic area at the Glenvar Library Daniel R. O'Donnell Assistant County Administrator B. Clayton Goodman III County Administrator COUNTY ADMINIS�rRATOR'S COMMENTS: SUMMARY OF INFORMAOnON: Staff is requesting a change to the services of Holzhiemer Bolek and Meehan to make two design changes. First is a design upgrade for flooring in the foyer, meeting room and bathrooms at a design cost not to exceed $3,000. Second is to add a picnic patio and walkway with wrought iron fencing to provide an extra outdoor amenity for the patrons of the Glenvar Library. The cost for this change is not to exceed $9,000. Normally a change of this type does not need Board approval, however the addition of construction management at the beginning of construction phase made all combined service additions exceed twenty - five percent (25 %) of the original contract price, therefore according to our procurement rules and the Code of the State of Virginia, Board of Supervisor approval is required. FISCAL IMPACT: There are sufficient funds remaining in the Glenvar Library contingency account to cover 'these costs so no additional funds need to be appropriated. The total amount needs to be added to the purchase order is $12,000. RECOMM EN DKnON Staff recommends the approval of the additional services in the amount of $12,000 for flooring redesign and preparing designs and administering the bidding for an outdoor picnic area. Holzheimer Bolek + Meehan I Architects, LLC Owner / Architect Additional Services O/A # 008 1382 West Ninth Street, Suite 300, Cleveland, Ohio 44113 OWNER: HOLZHEIMER BOLEK + MEEHAN I Architects, LLC Roanoke County Public Library Principal: Roanoke, Virginia 48130 Peter J. Bolek, A.I.A. Mr. Daniel R. O'Donnell, Assistant County Administrator Project Manager: Jamie Shook, RA LEED AP Scope of Work: Additional professional services associated with the selection of flooring to replace currently installed linoleum: Lobby, Vending, Men's & Women's Restrooms, Meeting Rooms 1 & 2 - Investigate flooring alternatives for spaces listed above - Present and review options with County - Specify selections and prepare Proposal Request to be issued to G &H - Review G &H RFCO and prepare Change Order - Submittal and shop drawing review - Punch list inspection of installation Fee Basis: F Percentage of Construction Cost % estimated Construction Cost $ F Lump Sum $ F Hourly Fee Est: $ ❑ Hourly not to exceed $ 3,000 Consultant Mark -up 1.10% x Cost Reimbursable Mark -up 1.10% x Cost HOLZHEIMER BOLEK + MEEHAN I ARCHITECTS OWNER (AUTHORIZED REPRESENTATIVE) Peter J. Bolek, A.I.A. Daniel R. O'Donnell BY BY Principal Assistant County Administrator TITLE TITLE SIGNATURE SIGNATURE 07 -29 -13 DATE OF SIGNATURE DATE OF SIGNATURE Work to be performed under the Conditions of: ® Existing Contract dated: January 25, 2011 El Other S:\PROJECT - ACTIVE\Roanoke County Public Library \Glenvar Branch \1.020 Contract A -O \Add Services \A -O 008 Flooring \O -A Add Service 08 Flooring.doc Holzheimer Bolek + Meehan I Architects, LLC Owner / Architect Additional Services O/A # 007 1382 West Ninth Street, Suite 300, Cleveland, Ohio 44113 OWNER: HOLZHEIMER BOLEK + MEEHAN I Architects, LLC Roanoke County Public Library Principal: Roanoke, Virginia 48130 Peter J. Bolek, A.I.A. Mr. Daniel R. O'Donnell, Assistant County Administrator Project Manager: Jamie Shook, RA LEED AP Scope of Work: Additional professional services associated with preparing a new bid package for the outdoor picnic area, walkway, landscaping and fencing: - Coordinate current patio design with as -built drawings provided by G &H - Select, specify, and design layout of ornamental fencing to extend from current patio to easterly limits of picnic area - Submit documents for Roanoke County review - Assist with preparation of bid documents and evaluation of bids received - Submittal and shop drawing review - Construction administration and close -out Fee Basis: F Percentage of Construction Cost % estimated Construction Cost $ F Lump Sum $ F Hourly Fee Est: $ ® Hourly not to exceed $ 9 Consultant Mark -up 1.10% x Cost Reimbursable Mark -up 1.10% x Cost HOLZHEIMER BOLEK + MEEHAN I ARCHITECTS OWNER (AUTHORIZED REPRESENTATIVE) Peter J. Bolek, A.I.A. Daniel R. O'Donnell BY BY Principal Assistant County Administrator TITLE TITLE SIGNATURE SIGNATURE 07 -19 -2013 DATE OF SIGNATURE DATE OF SIGNATURE Work to be performed under the Conditions of: ® Existing Contract dated: January 25, 2011 El Other S:\PROJECT - ACTIVE\Roanoke County Public Library \Glenvar Branch \1.020 Contract A -O \Add Services \A -O 007 Picnic Area Bid Package \O -A Add Service 07 Picnic Area Bid Package.doc ACTION NO. ITEM NO. J -3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: August 13, 2013 Confirmation of appointments to the Economic Development Authority (EDA) (appointed by District); Parks, Recreation and Tourism Advisory Commission; Roanoke County Community Leaders Environmental Action Roundtable (RCCLEAR); Roanoke County Stormwater Advisory Committee (appointed by District and At Large); Social Services Advisory Board (appointed by District) Deborah C. Jacks Clerk to the Board B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Economic Development Authority (EDA) (appointed by District) Chairman Mike Altizer has recommended the reappointment of Stephen A. Musselwhite to represent the Vinton Magisterial District for an additional four (4) -year term to expire September 26, 2017. Vice Chairman Charlotte Moore has recommended the reappointment of Billy Branch to represent the Cave Spring Magisterial District for an additional four(4) -year term to expire September 26, 2017. 2. Parks, Recreation and Tourism Advisory Commission (appointed by District) Ssunny Shah who represented the Windsor Hills Magisterial District has resigned from Page 1 of 2 this Commission. Supervisor Elswick has recommended the appointment of Atul Patel to fill the unexpired term of Mr. Shah. This term will expire June 30, 2015. 3. Roanoke County Community Leaders Environmental Action Roundtable (RCCLEAR) Supervisor Richard Flora has recommended the appointment of Nadean Carson to represent the Hollins Magisterial District for a three -year term to expire August 31, 2017 4. Roanoke County Stormwater Advisory Committee (appointed by District and At Large) Supervisor Moore has recommended the appointment of Leonard Firebaugh to represent the Cave Spring Magisterial District. There is no term limit on this appointment. 4. Social Services Advisory Board (appointed by District) The four -year term of Dorothy Hayes, representing the Hollins Magisterial District, will expire on July 31, 2013. Supervisor Flora has recommended the appointment of Mike Bailey to a four -year term to expire July 31, 207. Page 2 of 2 ACTION NO. ITEM NO. J -4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 13, 2013 AGENDA ITEM: Request for appointment of representative to the Roanoke County Community Policy Management Team (CPMT) SUBMITTED BY: Deborah C. Jacks Clerk to the Board of Supervisors APPROVED BY: B. Clayton Goodman I I y Count Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMA"rION: Blue Ridge Behavioral Health Care (BRBH) has advised that their Director, Tim Stellar has retired. Additionally, Sereina Paynter, an alternate on this Committee is no longer employed by BRBH. As a result, they only have one representative on this Committee. They have recorrimended - the appointment of Cheryl Wilkinson, LCSW as an Alternate member for their agency. This appointment is in accordance with the CPMT bylaws. It is staff's recommendation that the Board of Supervisors approve the appointment of Cheryl Wilkinson, LCSW as an Alternate Representative for Blue Ridge Behavioral Healthcare to the Roanoke County Community Policy and Management Team. Page 1 of 1 Blue Ridge Behavioral Healthcare Bruce Thomasson Chairman Dana Barnes Lee Vice Chairman Donna Henderson Treasurer Linda Manns Secretary Executive Director Tim Steller July 31, 2013 Deborah C. Jacks Clerk to the Board of Supervisors County of Roanoke P. O. Box 29800 Roanoke, VA 24018 -0798 Dear Ms. Jacks, Blue Ridge Behavioral Healthcare's Executive Director, Tim Steller, has retired. Mr. Steller served on the Roanoke County Community Policy and Management Team. Due to his departure, this leaves Gina Wilburn as the only member for our agency; therefore we are in need of an Alternate member for this entity. Cheryl Wilkinson, LCSW, is requested to be appointed as the Alternate member for our agency. Thank you for consideration of this request. Sincerely, Ma ene Bryant Interim Executive Director Blue Ridge Behavioral Healthcare c Gina Wilburn Ex Offices 301 Elm Avenue SW Roanoke, Virginia 24616 - 4601 (546) 345 -9841 Fax (540) 345 -6891 The Community Services Board serving the Cities of Roanoke and Salem, and the Counties of Botetourt, Craig and Roanoke ACTION NO. ITEM NO. J -5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 13, 2013 AGENDA ITEM: Request to approve the donation of seized Roanoke County Police Department vehicles to the Town of Pulaski SUBMITTED BY: Howard B. Hall Chief of Police APPROVED BY: B. Clayton Goodman III Count y Administrator KT3 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The following vehicles were seized from drug dealers by Roanoke County Police and awarded to the Roanoke County Police Department (PD) by Court Order for undercover narcotics investigations: 1997 Ford Pickup (VIN last four digits 3145); 1998 Honda (VIN last four digits 7461). These vehicles are currently being used and maintained by the Town of Pulaski Police Department (PD) for the last two (2) years pursuant to a cooperative agreement with the Roanoke County Police Department. The Roanoke County PD and Pulaski PD have previously cooperated on joint projects. The County PD has no further use for the vehicles and would like to allow Pulaski PD to have the vehicles for their continued use. FISCAL IMPACT: None ALTERNATIVES: None STAFF RECOMMENDATION: It is the staff recommendation to donate these vehicles to - the Town of Pulaski. Page 1 of 1 • Pu1��ki • I r July 1, 2013 Mr. B. Clayton Goodman III County Administrator Roanoke County Administration Center P. O_ Box 29800 Roanoke, Virginia 24018 -0798 Dear Mr. Goodman: During the past decade, the Roanoke County Police Department and the Pulaski Police Department have either traded undercover vehicles for narcotics enforcement or we have leased extra vehicles of this type from the County for a nominal fee. Recently, we have been advised that the Division of Motor Vehicles has objected to this practice. Our agency currently has leased a 1997 Ford Pickup (VIN last four digits 3145) and a 1998 Honda (VIN last four digits 746 1) from the County. It is my understanding from RCPD Assistant Chief Mason, that these vehicles are not needed, and that they would support declaring these vehicles surplus and transferring the titles to our agency. Therefore, I request that, should these vehicles be designated as surplus property, that approval be sought from the Roanoke County Board of Supervisors to transfer them to our department. Thank you in advance for considering this request. Please advise if additional information is required. Sincerely, G. koche Chief of Police T OWN 0 F PUL i * C H I EJ- U� POLL E * P0. BOX 660 0 PULASK I `24301 0 1 EL. 540 ' / - 8U • I-AX b4U 99 4-8 . 6Y3 ACTION NO. ITEM NO. J -6 K4-- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMIT "QED BY: August 13, 2013 Resolution initiating a rezoning of two parcels of real estate located on Westmoreland Drive and owned by the Board of Supervisors of Roanoke County, cave Spring Magisterial District Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County owns two parcels of real estate located at 3319 and 3323 Westmoreland Drive (Tax Map #s77.13 -5 -31 and 77.13 -5 -32) which parcels are currently zoned R -1, Low Density Residential. 'these two (2) properties are located one block from Brarnbleton Avenue and are adjacent to properties zoned C2- General Commercial. This agenda item is a request to the Planning Commission to consider the rezoning of these parcels from R1 to C2 in order to better market these properties for sale by the County. STAFF RECOMMENDATION: Staff recommends approval 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, AUGUST 13, 2013 RESOLUTION INITIATING A REZONING OF TWO PARCELS OF REAL ESTATE LOCATED ON WESTMORELAND DRIVE AND OWNED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, Section 30 -14 of the Roanoke County Code and Section 15.2 -2286 of the Code of Virginia provides that whenever the public necessity, convenience, general welfare, or good zoning practice requires, an amendment to the zoning regulations or district maps may be initiated by resolution of the governing body; and WHEREAS, the Board requests consideration of this amendment in order to facilitate the possible sale of two parcels of real estate located on Westmoreland Drive in the Cave Spring Magisterial District. NOW THEREFORE, BE IT RESOLVED, By the Board of Supervisors of Roanoke County, Virginia: 1. That a rezoning of two parcels of real estate located at 3319 Westmoreland Drive (Tax Map #77.13 -5 -31) and 3323 Westmoreland Drive (Tax Map #77.13 -5 -30) from R -1, Low Density Residential to C -2, General Commercial is hereby initiated in order to better conform the zoning classification and use of this property to the adjacent commercial property and to better market this property for sale by the County; and 2. That this request for rezoning be submitted to the Planning Commission for its review and recommendation, which shall then be forwarded to the governing body. Further this amendment shall be scheduled for public hearings before the Page 1 of 2 Planning Commission and Board of Supervisors at the earliest practicable dates consistent with public notices as required by law. 3. That the public necessity, convenience, general welfare, or good zoning practice requires this amendment. Page 2 of 2 GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Unaudited balance at June 39, 2913 Amount N -1 % of General Fund Revenue $ 21, 072, 318 10.96% Balance at August 13, 2913 $ 21,072,318 Note: On December 21, 2904, the Board of supervisors adopted a policy to increase the General Fund Unappropriated Balance incrementally over several years. * 2912 -13 - Goal of 11 % of General Fund Revenues 2012 -13 General Fund Revenues 11 % of General Fund Revenues ** 2013 -14 - Goal of 11 % of General Fund Revenues 2913 -14 General Fund Revenues 11 % of General Fund Revenues $192,297,746 $21,152,752 $193,332 $21,268,557 The Unappropriated Fund Balance of the county is currently maintained at 19.99°0. The County's goal is to increase the balance over time to 11.0% Submitted By Rebecca E. Owens Director of Finance Approved By B. Clayton Goodman III County Administrator ZM N -2 COUNTY OF ROANOrKE, VIRGINIA CAPITAL RESERVES Minor County Capital Reserve (Projects not in the CIP, architecturallengineering services, and other one -time expenditures.) Amount Unaudited balance at June 30, 2013 $3 June 25, 2013 Ordinance appropriating funds for capital projects (789,839.00) July 9, 2013 Ordinance appropriating funds for repairs at courthouse (65,000.00) Balance at August 13, 2013 $2,890,216.06 Major Countv Capital Reserve (Projects in the CIP, debt payments to expedite projects identified in CIP, and land purchase opportunities.) Unaudited balance at June 30, 2013 $1,438,161.00 June 25, 2013 Ordinance appropriating funds for capital projects (938,161.00) Balance at August 13, 2013 Submitted By Rebecca E. Owens Director of Finance Approved By B. Clayton Goodman III County Administrator 6 1 11 $50 0,000.00 N -3 RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA From 2013-2014 original Budget July 0, 2013 Reappointment of special Assistant for Legislative Relations Balance at August 13, 2013 Submitted By Rebecca E. Owens Director of Finance Amount $ (32, 400.00) $ 6700.00 Approved By B. Clayton Goodman III County Administrator �' ACTION NO. ITEM NO. N -4 AT A REGULAR MEETING OF - rHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEE`T'ING DATE: August 13, 2013 AGENDA rrEM: Report of claims Activity for the Self- Insurance Program SUBMITTED BY: Donald R. Karnes Risk Manager APPROVED BY: B. Clayton Goodman, III County Administrator IZ - COUNTY ADMINIST'RATOR'S COMMENTS: SUMMARY OF INFORMATION: In accordance with the Self- Insurance Program, Ordinance 0- 081494 -0, Section 2 -80.C, attached is the fiscal year-to-date claims activity report including the fourth quarter that ended June 30, 2013. Attachment A — Auto, Attachment B — General Liability. 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Z z 0 � w °1 v a � Z - O U LL c) w J w 0 ❑ a z cLU LU w J U Q J (, LL O Z Z U) w w � J Q U z w O ❑ z Q z w W U) C) U ❑ < w w Q w O z U w ACTION NO. ITEM NO. P -1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 13, 2013 AGENDA ITEM: Work session to discuss alcohol ordinance change for Roanoke County facilities SUBMITTED BY: Doug Blount Director of Parks, Recreation and Tourism Diana Rosapepe Director of Libraries APPROVED BY: B. Clayton Goodman III County Administrator 92___ COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMAnON: It had been requested by Supervisor Moore that Parks, Recreation and Tourism and the Libraries look at options that would modify the alcohol policy for Roanoke County facilities so that significant special events that included alcohol could be held. Over the past twelve months, Roanoke County has been eliminated from consideration from three major tourism special events at Green Hill Park due to not being allowed to serve alcohol in parks. The Libraries also could have opportunities to host fund raising events as well as more formal regional events that could be considered if alcohol was permitted. The concept of program would include a special use permit for each event so that each application could be reviewed and determined if the event meets Roanoke County's criteria for hosting an event. The criteria for consideration could be tourism impact, fundraising, - Financial benefits to Roanoke County, security, type of event, hours of the event, location of event, noise, etc. The intent of this program is not to allow individuals to have parties with alcohol in Roanoke County facilities but be able to host meaningful events. Page 1 of 2 The purpose of the work session is to discuss the issue and draft policy. The Recreation Advisory Commission and the Library Board of Trustees have discussed the draft proposal and have provided their feedback to Ms. Rosapepe and Mr. Blount. This information will be shared during the Work Session. FISCAL IMPACT There is not a fiscal impact at this time. ALTERNATIVES 1. Accept the proposed draft policy 2. Accept the proposed draft policy with amendments 3. Do not accept the draft policy STAFF RECOMMENDATION: No recommendation is necessary at this time ATTACHMENTS 1 . Draft alcohol policy for Roanoke county facilities Page 2 of 2 POLICY OUTLINE FOR USE., CONSUMPTION, OR POSSESSION OF ALCOHOLIC BEVERAGES AT ROANOKE COUNTY FACILITIES Roanoke County has the opportunity to increase use of Roanoke County -owned property and revenue by allowing outside groups to host events that include the service of alcoholic beverages. The term "alcoholic beverage" refers to beer, wine, and mixed beverages as defined in the Virginia Alcoholic Beverage Control Act. In this context, the term "use, consumption, or possession of alcoholic beverages" pertains only to alcohol service by permitted outside groups on County -owned property. PART I: AUTHORIZATION 1. Departments must request authorization from the County Administrator to issue permits allowing public use of alcoholic beverages on County -owned property, such as parks or libraries. 2. Authorization may be denied based on lack of need and other considerations, such as potential disruption to the County's daily business. 3. The County Administrator may rescind a permit at any time, with or without cause. 4. The department director or designee will be responsible for the administration of the permitting process. 5. County funds may not be used to purchase alcoholic beverages. 6. All state and local laws and ordinances regarding alcoholic service must be obeyed. PART II: APPLICATION 1. A group or individual ( "Applicant ") wishing to serve alcoholic beverages at an event on Roanoke County property must complete a Roanoke County Alcoholic Beverage Use application and apply for the appropriate Virginia Alcoholic Beverage Control Board ( "Virginia ABC ") Banquet License. 2. The Applicant must be at least 21 years of age and present a valid form of identification. 3. The Applicant must attend the event and be responsible for ensuring that no person under the age of 21, or 21 and older but intoxicated, will be served any alcoholic beverages. Page 1 of 3 4. The submitted application must be complete and accurate. Permission may be denied for any application that is incomplete, inaccurate, or misleading. 5. Alcoholic beverages may be served only during the times and dates, and in the areas specified in the application. 6. After the application receives preliminary approval, a tentative reservation is issued. The reservation is not confirmed until: a. The Applicant presents an original Virginia ABC Banquet License and a copy is made for the Applicant file. b. A security deposit is paid, in an amount determined by the department, to cover the cost of damages to County property or unanticipated costs to the County as a result of the use of County property. If there are no such costs, the security deposit will be returned, without interest, to the applicant within 30 calendar days following the event. The security deposit can be made by cash, credit card (when this option is available), or by certified check made payable to "Treasurer, Roanoke County." A returned check or denied credit will automatically cancel the reservation. A reservation confirmation will not be issued unless both criteria are met at least days prior to the event. 7. The reservation may be cancelled at any time at the sole discretion of Roanoke County, with or without cause, and the County shall have no liability arising from the cancellation of any such permit. 8. The Applicant is required to indemnify the County, Roanoke County Board of Supervisors, its agents, volunteers, sponsors and employees from any liability associated with the use, consumption, or possession of alcoholic beverages on County property. 9. The Applicant must provide adequate liability insurance covering the applicant, the entity represented, and the County and its officers, agents, and employees from any such liability in the amount of $ , as set forth by Roanoke County's Office of Risk Management. PART III: MISCELLANEOUS 1. All applicable laws, ordinances, rules, and regulations apply. 2. All events serving alcohol must last four or fewer hours. 3. Alcohol service must cease 30 minutes before the scheduled close of the event. Page 2of3 4. Alcohol must be served and consumed in defined spaces only. No alcohol is to be served or consumed in parking areas, and no alcohol is to be taken off premises. 5. The bar must be tended at all times. 6. A department designee or ABC official shall be allowed free access to the applicant's event. 7. No one under the age of 21 will be allowed to supervise the event or sell or serve alcohol. 8. The applicant may be required to pay for extra security and building maintenance depending on the nature and size of the function. 9. Departments retain the right to refuse to permit alcohol consumption anywhere on County -owned property and to deny a reservation based on the type of event or the type of alcohol to be served. 10. Any violations of these rules or state or local laws during an event may result in a citation by police, immediate termination of an event, and forfeiture of the damage deposit and /or additional fees and penalties. Furthermore, the individual may be prohibited from attending or hosting another event at any Roanoke County facility. 11. Departments may have additional rules and regulations based on differences in event sites and staffing structures. Page 3 of 3 0 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 13, 2013 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 1of1