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."
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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)
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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)
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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
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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)
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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
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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.
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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.
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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
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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
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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
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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:
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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.
Page 1 of 1
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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.
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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.
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, 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.
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