Loading...
HomeMy WebLinkAbout6/24/2014 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 24, 2014 RESOLUTION 062414-1 NAMING THE WALROND PARK FOOTBALL FIELD THE BOBBY RAGLAND FOOTBALL FIELD AT WALROND PARK WHEREAS, President David Linden of the North Roanoke Recreation Club (NRRC), has asked the County to consider naming the football field at Walrond Park after longtime NRRC coach Bobby Ragland; and WHEREAS, President Linden reports that Coach Ragland has served the North Roanoke community for more than 40 years, has coached with honor, integrity and passion and always did so in an exemplary fashion; and WHEREAS, Coach Ragland has coached football, basketball and baseball for North Roanoke from 1968 through 2010 and would still be coaching today were it not for his declining health; and WHEREAS, NRRC would like to express their sincere appreciation for his dedication to the youth in North County by having the football field at Walrond Park named after him and NRRC is willing to cover the cost associated with erecting and maintaining a sign and plaque honoring Coach Ragland. NOW, THEREFORE, BE IT RESOLVED, that the Roanoke County Board of Supervisors does hereby designate and name the Walrond Park Football Field the Bobby Ragland Football Field at Walrond Park. Page 1 of 2 On motion of Supervisor Bedrosian to adopt the ordinance, and carried by the following roll call and recorded vote.- AYES: ote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None A DOPY TESTE: Deborah C. Jacks Li Deputy Clerk to the Board of Supervisors Page 2 of 2 ACTION NO. A-062414-2 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: June 24, 2014 AGENDA ITEM: Ratification of Assistant Fire Marshal Brian Simmons to Fire Marshal due to the retirement of former Fire Marshal Gary Huffman SUBMITTED BY: APPROVED BY: Richard E. Burch Chief of Fire and Rescue B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Fire Marshal is responsible for management of the Fire Marshal's office, overseeing fire code enforcement, fire prevention and public education. In accordance with Resolution 82890-6 adopted by the Board of Supervisors August 28, 1990, Chief Richard E. Burch designates and requests the ratification of Assistant Fire Marshal Brian Simmons to Fire Marshal due to the retirement of former Fire Marshal Gary Huffman. Brian Simmons has been with the Fire and Rescue department for ten (10) years and has performed the duties of Fire Inspector, Fire Investigatorand Deputy Fire Marshal during his tenure. Mr. Simmons holds certifications for Fire Inspector 1031, Fire Investigator 1033 and Public Fire and Life Safety Educator 1035. He has completed the Juvenile Fire Setter Program, and is a graduate of the Virginia Fire Marshal's Law Enforcement Academy in addition to other fire related certifications. Mr. Simmons is a member of Southwest Virginia Fire Investigators Association serving as president since 2010, the Virginia Fire Prevention Association, and the Western Virginia Public Educators Association. With his experience and education, Chief Burch is confident that Brian Simmons will fulfill the duties of Fire Marshal diligently and professionally. Page 1 of 2 FISCAL IMPACT: None ALTERNATIVES: None STAFF RECOMMENDATION: Pursuant to Roanoke County Resolution 82890-6 and designation by Chief Richard E. Burch, Jr., staff recommends the ratification of Assistant Fire Marshal Brian Simmons to Fire Marshal effective this date. VOTE: Supervisor McNamara moved to approve the staff recommendation. Motion approved. cc: Richard E. Burch, Jr., Chief of Fire and Rescue Page 2 of 2 Yes No Absent Ms. Moore ® ❑ ❑ Mr. Bedrosian ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Peters ® ❑ ❑ Mr. McNamara ® ❑ ❑ cc: Richard E. Burch, Jr., Chief of Fire and Rescue 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, JUNE 24, 2014 RESOLUTION 062414-3 ESTABLISHING THE SALARY FOR THE COUNTY ATTORNEY WHEREAS, the Board of Supervisors of Roanoke County, Virginia, hereby establishes the salary for the County Attorney for fiscal year 2014-2015. BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the annual salary for the County Attorney shall be increased from $152,554.69 to $155,605.78. 2014. 2. That the effective date for the establishment of this salary shall be July 1, On motion of Supervisor McNamara to adopt the ordinance, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Peters, McNamara NAYS: Supervisors Bedrosian, Church A COPY TESTE: Deborah C. Jacks ' ( / Deputy Clerk to the Board of Supervisors cc: Paul Mahoney, County Attorney 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, JUNE 24, 2014 and ORDINANCE 062414-4 APPROPRIATING A DONATION FROM THE ROTARY CLUB OF ROANOKE VALLEY IN THE AMOUNT OF $5,605.38 TO PARKS, RECREATION, AND TOURISM FOR IMPROVEMENTS AT STARKEY PARK WHEREAS, The Rotary Club of Roanoke Valley promotes local philanthropy; WHEREAS, The Rotary Club of Roanoke Valley is a Park Partner for Starkey Park; and WHEREAS, The Rotary Club of Roanoke Valley would like to make a financial donation for park improvements at Starkey Park; 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 June 24, 2014, 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. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the sum of $5,605.38 is hereby appropriated from the sources and for the purposes as follows at Starkey Park: • Staining playground border • Staining (3) press boxes on Starkey fields 1, 2, 3 • Stain the bridge between Starkey Park I and II • Painting park gate to fields # 5, 6, and 7 Page 1 of 2 • Painting park gate to fields # 1, 2, 3 • Painting park gate to field #7 Painting entrance gate to the Merriman Soccer Complex - main parking lot • Painting gate from the rear Merriman parking lot to the soccer fields • Starkey Park I to Starkey Park II walk bridge repairs- removing the damaged hand rail and rebuild with pressure treated lumber • Install park bench with paver base at the Starkey playground • Install park bench with paver base next to the bridge from Starkey Park II to Merriman • Install park bench with paver base at the Starkey II from playground • Remove remaining spilt rail fencing- replace with parks barrier system 2. That this ordinance shall take effect from and after the date of adoption. On motion of Supervisor Moore to adopt the ordinance, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None A C TESTE: / q*!� Deborah C. Jacks Deputy Clerk to the Board of Supervisors cc: Doug Blount, Director of Parks, Recreation and Tourism Rebecca Owens, Director of Finance W. Brent Robertson, Director of Management and Budget 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, JUNE 24, 2014 ORDINANCE 062414-5 APPROPRIATING THE 2014-2015 REFUNDING SAVINGS OF THE VIRGINIA RESOURCES AUTHORITY 2014 SPRING POOL IN THE AMOUNT OF $482,595.13 WHEREAS, the Board authorized with ordinance number 032514-6 the refunding of the 2004 lease finance through the Virginia Resources Authority (VRA); and WHEREAS, VRA completed the spring issue of the Virginia Pooled Financing Program; and WHEREAS, market conditions were very favorable and cash savings over the remaining years of the bonds (2014-2034) totalled $1,011,660.12; and WHEREAS, the recommended use of the savings for 2014-2015 is to address the Integrated Financial System replacement capital project and use the remaining years savings to pay additional money towards outstanding debt; 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 June 10, 2014, and the second reading was held on June 24, 2014; and BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows.. 1. That the sum of $482,595.13 is hereby appropriated from bond refunding savings to the Integrated Financial System replacement project; and Page 1 of 2 2. That the remaining years of bond refunding savings will be appropriated through the annual budget process to pay additional money towards the outstanding debt; and 3. That this ordinance shall take effect July 1, 2014. On motion of Supervisor McNamara to adopt the ordinance, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None A COPY TESTE: L Deborah C. Jacks V Deputy Clerk to the Board of Supervisors cc: Rebecca Owens, Director of Finance W. Brent Robertson, Director of Management and Budget Page 2of2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 24, 2014 ORDINANCE 062414-6 ACCEPTING AND APPROPRIATING FUNDS IN THE AMOUNT OF $783,700 TO THE DEPARTMENT OF SOCIAL SERVICES FROM THE VIRGINIA DEPARTMENT OF SOCIAL SERVICES FOR FISCAL YEAR 2013-2014 WHEREAS, the State has made available $783,700 of additional appropriations to the Department of Social Services for state adoption assistance, special needs adoption, foster care placements and related administrative costs, 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 June 10, 2014, and the second reading was held on June 24, 2014. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the sum of $783,700 is hereby appropriated from the Commonwealth of Virginia and to the Department of Social Services for the purposes as follows: $150,000 to Adoption Subsidy (602000-5771), $400,000 to Special Needs Adoption (602000-5770), $200,000 to Title IV -E Foster Care (602000-5730), $13,000 to Overtime (601000-1015), $4,000 to advertising (601000-3610), $1,000 to Tires, Tubes and Parts (601000-6091), $6,200 to Small Equipment & Supplies (601000-6013), $6,500 to technology equipment new (601000-8701), $3,000 to technology equipment replacement (601000-8702) 2. That this ordinance shall take effect from and after the date of adoption. Page 1 of 2 On motion of Supervisor Church to adopt the ordinance, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None A COPY TESTE: Deborah C. Jacks Deputy Clerk to the Board of Supervisors cc: Joyce Earl, Director of Social Services Jimmy Lyon, Business Process and Management Analyst Rebecca Owens, Director of Finance Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 24, 2014 RESOLUTION 062414-7.a EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO GARY D. HUFFMAN, FIRE MARSHALL -FIRE PREVENTION CAPTAIN, UPON HIS RETIREMENT AFTER MORE THAN TWENTY-SEVEN (27) YEARS OF SERVICE WHEREAS, Gary Huffman was hired on July 1, 1986, as a Firefighter/EMT, and rose to the rank of Fire Marshal — Fire Prevention Captain forthe Fire/Rescue Department during his tenure with Roanoke County; and WHEREAS, Captain Huffman retired on June 1, 2014, after twenty-seven (27) years and eleven (11) months of devoted, faithful and expert service with the County; and WHEREAS, Captain Huffman was appointed as the Fire Marshal in 2002 and has provided outstanding leadership and vision for the Fire Marshal's Office; and WHEREAS, Captain Huffman received both Regional and State awards for his efforts in reducing the loss of life and property through a proactive community based fire prevention program; and WHEREAS, Captain Huffman established the Character Academy in 2005 that provides youth an opportunity to experience the work involved with providing fire/rescue services as a firefighter while emphasizing firefighters as role models; and WHEREAS, Captain Huffman partnered with Regional, State and Federal agencies to improve the Roanoke Valley's overall ability to investigate arson fires; and WHEREAS, Captain Huffman served two (2) terms as President of the Virginia Fire Prevention Association providing leadership to the entire State in fire prevention; and NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke Page 1 of 2 County, Virginia expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to Gary D. Huffman, for over twenty-seven (27) years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. On motion of Supervisor McNamara to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None A COPY TESTE: Deborah C. Jack Deputy Clerk to the Board of Supervisors Page 2 of 2 ACTION NO. A -062414-7.b ITEM NO. 1-4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 24, 2014 AGENDA ITEM: SUBMITTED BY: APPROVED BY: Appointment of Interim Building Commissioner Tarek Moneir Deputy Director of Development B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: County Building Commissioner, Joel Baker, will retire effective June 30, 2014. Upon Mr. Baker's retirement, the Building Safety Division of the Department of Community Development will be without a Building Official. The Virginia Uniform Statewide Building Code requires that every local building department have a building official as the executive official in charge of the department and that the building official be appointed by the local governing body. Robert Anthony Morris, Assistant Building Commissioner, is highly qualified to immediately assume the position of Interim Building Commissioner. He has attained certified Building Official status in accordance with the International Code Council and the Virginia Department of Housing and Community Development (DHCD). Further, he has provided excellent service to the County since June 2011. RECOMMENDATION: Appoint Robert Anthony "Andy" Morris as Interim Building Commissioner for Roanoke County effective July 1, 2014. Page 1 of 2 VOTE: Supervisor McNamara moved to approve the staff recommendation. Motion approved. cc: Tarek Moneir, Deputy Director of Development Page 2 of 2 Yes No Absent Ms. Moore ® ❑ ❑ Mr. Bedrosian ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Peters ® ❑ ❑ Mr. McNamara ® ❑ ❑ cc: Tarek Moneir, Deputy Director of Development Page 2 of 2 ACTION NO. A -062414-7.c ITEM NO. 1-5 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: June 24, 2014 Confirmation of appointment to the Roanoke Valley Area Metropolitan Planning Organization Deborah C. Jacks Deputy Clerk to the Board B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Roanoke Valley Area Metropolitan Planning Organization (at Large): During the Closed Session held on May 13, 2014, it was the recommendation of the Board to reappoint Charlotte A. Moore to an additional three year term to expire on June 30, 2017. Accordingly, confirmation has been placed on the Consent Agenda. VOTE: Supervisor McNamara moved to approve the staff recommendation. Motion approved. Page 1 of 1 Yes No Absent Ms. Moore ® ❑ ❑ Mr. Bedrosian ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Peters ® ❑ ❑ Mr. McNamara ® ❑ ❑ 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, JUNE 24, 2014 RESOLUTION 062414-8 DECERTIFYING RCCLEAR AS A BOARD OF SUPERVISORS ESTABLISHED COMMITTEE WHEREAS, the Roanoke County Board of Supervisors approved Resolution 022409-3, Adopting By -Laws for the Roanoke County Community Leaders Environmental Action Roundtable (RCCLEAR); and WHEREAS, this action was taken due to the County joining the International Council for Local Environmental Initiatives (ICLEI), which was to assist with identifying ways to reduce emissions and long-term energy costs by developing strategies for improved energy efficiency, and; WHEREAS, the Board of Supervisors has terminated its membership in ICLEI by removing from the fiscal year 2015 budget funds for ICLEI membership and directed that the County's participation in ICLEI was to stop immediately; and WHEREAS, the Board of Supervisors met on June 10, 2014, in a work session to discuss with RCCLEAR representatives the future of RCCLEAR and it was the consensus of all present that RCCLEAR should be decertified as a Roanoke County citizen committee. NOW, THEREFORE, BE IT RESOLVED, that the Roanoke County Board of Supervisors does hereby repeal Resolution 022409-3; and FURTHERMORE, BE IT RESOLVED, that the citizen committee RCCLEAR is hereby decertified and shall cease to continue to be a recognized and supported Roanoke County citizen committee. Page 1 of 2 On motion of Supervisor Moore to adopt the ordinance, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None Deputy Clerk to the Board of Supervisors 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, JUNE 24, 2014 RESOLUTION 062414-9 APPOINTING AN INTERIM COUNTY ADMINISTRATOR WHEREAS, B. Clayton Goodman III has advised the Board of Supervisors of Roanoke County of his intention to retire from the office of County Administrator effective July 31, 2014; and, WHEREAS, Section 4.05 of the Roanoke County Charter provides that the Board may designate some responsible person without regard to his or her residence on an interim basis to perform the duties of this office. NOW THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby appoints Daniel R. O'Donnell, as interim County Administrator to fill the vacancy in this office beginning August 1, 2014, until a permanent replacement is appointed. BE IT FURTHER RESOLVED, that the Board hereby authorizes the Chairman to execute the attached Employment Agreement with the interim County Administrator on em- iF Iffel iTaY•F1' 61 Page 1 of 2 On motion of Supervisor McNamara to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None A COPY TESTE: Deborah C. Jacks Deputy Clerk to the Board of Supervisors cc: Paul M. Mahoney, County Attorney Page 2 of 2 EMPLOYMENT AGREEMENT This Agreement is made and entered into this day of June, 2014, between the Board of Supervisors of Roanoke County, Virginia (the "Board") and Daniel R. O'Donnell (the "Interim County Administrator") and sets forth the terms and conditions of his employment by the Board as County Administrator for the County of Roanoke, Virginia ("Roanoke County"). WITNESSETH WHEREAS, the Board desires to employ the services of Daniel R. O'Donnell as County Administrator of Roanoke County, Virginia ("Roanoke County"); and WHEREAS, Daniel R. O'Donnell shall serve as an interim County Administrator until the Board selects and appoints a new County Administrator, following the resignation and retirement of B. Clayton Goodman III; and WHEREAS, it is the desire of the Board to (1) secure and retain the services of an interim County Administrator and to provide inducement for him to remain in such employment until a permanent selection can be made and (2) to provide a just means for termination of the interim County Administrator's services at such time as he may be unable fully to discharge his duties or when the Board may desire to otherwise terminate his employment; and i WHEREAS, Daniel R. O'Donnell desires to accept employment as the interim County Administrator for Roanoke County, Virginia; and WHEREAS, the parties wish to enter into an agreement setting forth the terms of such employment during such period; and NOW, THEREFORE, in consideration of the mutual covenants herein contained, the Board and the interim County Administrator agree to the following terms and conditions of employment: Section 1. Emnlovment of and Duties of Countv Administrator. a. The Board hereby agrees to employ Daniel R. O'Donnell as interim County Administrator of Roanoke County to serve as the chief administrative officer of Roanoke County. b. The interim County Administrator shall perform the functions and duties of County Administrator as prescribed by Chapter 4 of the Roanoke County Charter, Section 15.2-1541 of the Code of Virginia, and those set forth in the position description Page 1 of 8 for the County Administrator approved by the Board and attached hereto as Appendix A and as amended from time to time, policies and regulations adopted by the Board, and the legal directives of the Board, and shall be identified as the County Administrator. The interim County Administrator shall devote all necessary time, skill, labor, and attention to such duties as the chief administrative officer of Roanoke County. C. The Interim County Administrator shall have charge of the administration of the Roanoke County government under the direction of the Board. The Interim County Administrator shall fully and completely inform the Board of Supervisors of any and all information that is relevant to the functioning of the Board. The Interim County Administrator shall be the chief executive for the Board; shall select, organize and assign all personnel, as best serves Roanoke County government, subject to the policies of the Board and the laws of the Commonwealth; shall oversee the business affairs to Roanoke County; shall from time to time suggest regulations, rules and procedures deemed necessary for the well ordering of Roanoke County; and in general perform all duties incident to the office of the County Administrator as prescribed by law and Board policy. d. The Interim County Administrator shall perform any other legally permissible duties or functions which the Board may see fit to assign at any time during the term of this Agreement consistent with the office of the County Administrator. Section 2. Commencement of Employment; Interim County Administrator Serves at the Pleasure of Board. a. The Interim County Administrator shall commence his services in that position on or before August 1, 2014. It is the intent of the parties that his agreement shall be in effect until a new County Administrator is appointed by the Board. Upon the hiring of a new County Administrator the Interim County Administrator shall be reinstated into his previous position of Assistant County Administrator at the salary he received as of July 1, 2014 unless terminated under the provisions of Section 3 of this Agreement. b. The Board and Interim County Administrator acknowledge that the Interim County Administrator serves only at the pleasure of the Board. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Board of Supervisors to terminate the services of the Interim County Administrator at any time, with or without reason, provided that it may not do so for any reason which would contravene the laws of the Commonwealth or the Constitution or laws of these United States, and subject only to the Termination and Severance provisions set forth in Section 3 of this Agreement. Page 2 of 8 C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Interim County Administrator to resign at any time from his position with the County, subject only to the provisions of Section 4 of this Agreement. Section 3. Termination and Severance Pay. a. Termination by Board without cause; notice. The Board shall have the right to terminate this Agreement at any time by providing the Interim County Administrator with written notice setting forth the effective date of termination and paying the Interim County Administrator the severance pay set forth in paragraph "c" of this Section. No severance shall be paid in the event that employment is terminated for the reasons set forth in paragraphs "b" or "e" of this Section. b. Termination by Board for cause. The Interim County Administrator may be terminated by the Board for sufficient cause which shall include material breach of this Agreement, willful non-compliance with laws and regulations or Board policies, conviction of any felony or any crime involving moral turpitude, or conviction of a crime involving his employment with Roanoke County or an act involving gross and willful negligence. In the event of such termination for cause, all salary and benefits shall cease as of the effective date of such termination. The Interim County Administrator shall be entitled to payment for accrued flexible leave, sick leave and holiday leave in accordance with Section 7 of this Agreement. C. Severance Pay. In the event of termination as provided in paragraph "a" of this Section the Interim County Administrator shall be entitled to severance pay in an amount equal to six months base salary as specified in Section 5 of this Agreement, as well as six months of health and dental insurance for the interim County Administrator and one dependent . This severance pay and payments for accrued sick leave, flexible leave and holiday leave in accordance with Section 7 of this Agreement shall be the total and complete amount due the Interim County Administrator under this Agreement. Should the Interim County Administrator make application for and receive unemployment benefits following a termination of his employment by the Board, the sum due under this paragraph shall be reduced directly by the total sum of unemployment benefits paid to the Interim County Administrator. d. Termination for Non -Compliance with Agreement or Resignation Requests. In the event the Board refuses, following written notice, to comply with any provisions of this Agreement benefiting the Interim County Administrator, or if the Interim County Administrator resigns (not for cause) following a request, either formal or informal, by a majority of the Board that the Interim County Administrator resign, then in that event, the Interim County Administrator may, at the Interim County Administrator's option, be deemed to be terminated at the date of such refusal or Page 3 of 8 suggestion, and the provisions of paragraph "c" above with regards to severance compensations shall apply. e. Termination for Disability, Sickness. If the Interim County Administrator is disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental or physical incapacity or health, the Board shall have the option to terminate this Agreement effective on the date of written notice thereof without regard to any other notice provisions in this Agreement, and he shall be reinstated into his previous position of Assistant County Administrator and entitled to leave and disability benefits applicable to full-time County employees. However, the Board shall have no obligation to provide the severance pay pursuant to paragraph "c" of this Section. Section 4. VoluntarResignation. The Interim County Administrator may terminate this Agreement by giving written notice at least one month prior to the effective date of said resignation. The Interim County Administrator shall be entitled to receive all compensation payable under this Agreement to and including the effective date of said resignation, and leave accruals, as listed in Section 7 of this Agreement. The Board may, in its sole discretion, waive any or all of this notice requirement. Section 5. Salary. The annual base salary of the Interim County Administrator beginning July August 1, 2014 shall be $ 160,000 to be paid in accordance with the standard policy of the Board governing payment of professional staff members in the Roanoke County government. The annual salary of the Interim County Administrator may be adjusted or increased for any subsequent fiscal year during the term of this Agreement based on an annual performance review prior to the end of the fiscal year. In lieu of or in addition to a salary increase, the Board may provide a bonus to the Interim County Administrator based on his annual performance review. Any adjustments for subsequent years during the term of this Agreement shall be in writing and shall be in the form of an amendment or addendum except for the above-mentioned cost of living increases. Section 6. Automobile Allowance. The County will furnish the County Administrator with an automobile allowance of $3,000 annually plus mileage at the rate paid to other County employees. . Additionally, the County Administrator must present a valid Virginia driver's license prior to receiving such automobile allowance and he must consent to a check of his driving records with the State Division of Motor Vehicles. At all times that he operates Page 4 of 8 the car, he must possess a valid Virginia driver's license and his driving privileges and/or license must not be suspended or revoked. The County will furnish the interim County Administrator with a PDA/cellular telephone and service for business use. Personal use of this PDA/cell phone shall be kept to a minimum. Section 7. Flexible Leave. The interim County Administrator shall receive flexible leave as provided to all other County employees. Section 8. Hours of Work. The Interim County Administrator is expected to observe office hours similar to those of other administration employees. It is recognized that the Interim County Administrator will frequently be required to work beyond normal office hours for night or weekend meetings and related duties. In recognition of the fact that the Interim County Administrator is expected to devote a significant amount of time outside of normal office hours to the business of Roanoke County, the Interim County Administrator may, to the extent that his duties permit, take reasonable discretion in varying observance of office hours; however, no accumulation of compensatory time or monetary compensation is granted. Section 9. Holidays and Other Miscellaneous Benefits. The Interim County Administrator shall be entitled to the same holidays and funeral, military, court, workers' compensation, emergency condition, discretionary and volunteer leave as other fulltime Roanoke County employees. Section 10. Health Insurance. The County shall provide health, dental, and vision insurance coverage and short and long term disability insurance for the Interim County Administrator and his dependents as it does for other full-time employees of the County. Section 11. Retirement and Life Insurance. The Board shall pay the employer share of the Virginia Retirement System (VRS) contribution and the total premium for VRS Group Term Life Insurance for the Interim County Administrator. The Interim County Administrator may also choose to enroll in the Deferred Compensation Plan available to other full-time employees of the County. The County shall also allow for the opportunity to participate in the Optional Life Insurance Program as provided by the Virginia Retirement System. The County does Page 5 of 8 not contribute anything to the monthly premium of the Optional Life Insurance Program. Section 12. Dues, Subscriptions and Professional Development. a. Dues and Subscriptions. The Board agrees to pay a reasonable amount for the professional dues and subscriptions of the Interim County Administrator necessary for his continuation and full participation in VLGMA and ICMA and other national, state, and local associations necessary and desirable for his continued professional participation, growth, and advancement and for the good of Roanoke County following approval by the Board of Supervisors any estimated expenses the Interim County Administrator proposes under this Section. b. Professional Development. The Board also agrees to pay the travel and related expenses of the Interim County Administrator for his professional development, professional training and education, and to attend necessary official and other functions for the Board and meetings of such other national, regional, state, and local groups, or committees thereof, on which the Interim County Administrator serves as a member, following approval by the Board of any estimate of expenses the interim County Administrator proposes under this Section, such expenses to include registration fees, travel and subsistence expenses in accordance with Roanoke County travel policies. Such meetings would include the VLGMA Winter and Summer Conferences, VACo annual conference, and the ICMA annual conference, provided that the expenses therefore are within the total amount budgeted as provided in paragraph "c" of this Section. C. The total available for the expenses set forth in this section shall be set annually by the Board in the operating budget based on and in consideration of the recommendation of the Interim County Administrator and the expenses for dues and subscriptions and professional development in this Section are limited to such annual budgeted amount. Section 13. Residency. The Interim County Administrator shall reside in and be a bona fide resident of Roanoke County during the term of this Agreement. Section 14. Outside Employment or Activities. The Interim County Administrator may, with prior approval of the Board, undertake consultative work, speaking engagements, writing, lecturing, or other professional activities for compensation so long as such activities do not interfere with the duties required under this Agreement. Page 6 of 8 Section 15. Evaluation. The Board shall review and evaluate the performance of the Interim County Administrator at least once annually before July 1St. This review shall be in accordance with specific criteria developed by the Board and the Interim County Administrator. This criteria can be amended from time to time based on changes to the expectations of the Board, after the Interim County Administrator has been informed of the proposed changes. Further, the Board shall provide the Interim County Administrator with a summary written statement of the evaluation and provide the opportunity for the Interim County Administrator to discuss this evaluation with the Board. Section 16. General Provisions. a. The Board agrees to provide insurance or self-insurance coverage in matters relating to the Interim County Administrator's official duties within the scope of employment, and legal counsel for the Interim County Administrator as is provided to all Roanoke County employees generally in accordance with the Code of Virginia. b. This Agreement is expressly subject to the laws of the Commonwealth of Virginia and the regulations of Roanoke County. C. This Agreement constitutes the entire agreement between the Board and the Interim County Administrator and may be amended only by written agreement executed by them. If any provision of this Agreement is held to be unconstitutional, invalid or unenforceable, the remainder of the Agreement shall be severable and shall remain in full force and effect. d. This Agreement takes effect on August 1, 2014 provided that it has been duly executed by the Chair, the Interim County Administrator, approved as to form by the County Attorney and attested by the Deputy Clerk. IN WITNESS WHEREOF, the Roanoke County Board of Supervisors has caused this Agreement to be executed on its behalf by its Chair in accordance with action authorizing such execution on August 1, 2014 and the Interim County Administrator has executed this Agreement, both in duplicate this date. Page 7 of 8 Executed this Attest: Clerk Approved as to form: Paul M. Mahoney County Attorney 4 day of 2014. BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA Joseph P. McNamara Chairman Daniel R O'Donnell Interim County Administrator Page 8 of 8 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 24, 2014 RESOLUTION 062414-10 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member's knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies; and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor McNamara to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None A PY TESTE: Deborah C. Jacks Deputy Clerk to the Board of Supervisors 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, JUNE 24, 2014 ORDINANCE 062414-11 TO INCREASE THE SALARIES OF THE MEMBERS OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY PURSUANT TO SECTION 3.07 OF THE ROANOKE COUNTY CHARTER AND SECTION 15.2-1414.3 OF THE CODE OF VIRGINIA WHEREAS, Section 3.07 of the Charter of the County of Roanoke provides for the compensation of members of the Board of Supervisors and the procedure for increasing their salaries; and WHEREAS, Section 15.2-1414.3 of the 1950 Code of Virginia, as amended, establishes the annual salaries of members of boards of supervisors within certain population brackets; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has heretofore established the annual salaries of Board members at $17,083.46 by Ordinance 061212-5 and further has established the additional annual compensation for the Chairman for the Board to be $1,800 and for the Vice -Chairman of the Board to be $1,200; and WHEREAS, this section provides that the maximum annual salaries therein provided may be adjusted in any year by an inflation factor not to exceed five (5%) percent; and WHEREAS, the first reading on this ordinance was held on June 10, 2014; the second reading and public hearing will be held on June 24, 2014. NOW, THEREFORE, it is hereby ORDAINED by the Board of Supervisors of Roanoke County, Virginia, that the annual salaries of members of the Board of Supervisors of Roanoke County, Virginia, are hereby increased by an inflation factor of Page 1 of 2 two percent (2%) pursuant to the provisions of Section 3.07 of the Roanoke County Charter and Section 15.2-1414.3 of the 1950 Code of Virginia, as amended. The new annual salaries shall be $17,425.13 for members of the Board. In addition, the Chairman of the Board will receive an additional annual sum of $1,800 and the Vice - Chairman of the Board will receive an additional sum of $1,200. This ordinance shall take effect on July 1, 2014. On motion of Supervisor Moore to adopt the ordinance, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Peters, McNamara NAYS: Supervisors Bedrosian, Church A COPY TESTE: Deborah C. Jack Deputy Clerk to the Board of Supervisors cc: Paul Mahoney, County Attorney Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 24, 2014 ORDINANCE 062414-12 DENYING A SPECIAL USE PERMIT FOR A RESTAURANT, DRIVE-IN, OR FAST FOOD IN A C-1, LOW INTENSITY COMMERCIAL DISTRICT ON APPROXIMATELY 1.3825 ACRES LOCATED AT 3814 CHALLENGER AVENUE (TAX MAP NO. 050.05-01- 19.00-0000) HOLLINS MAGISTERIAL DISTRICT, UPON THE PETITION OF CORPORATE PROPERTY SERVICES, INC. WHEREAS, Corporate Property Services, Inc. filed a petition for a special use permit for restaurant, drive-in, or fast food in a C-1 Low Intensity Commercial District to be located at 3814 Challenger Avenue (Tax Map No. 050.05-01-19.00-0000) in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on April 1, 2014, and acted on this matter on May 6, 2014; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on March 25, 2014; the public hearing on this matter on May 27, 2014 and the second reading on this matter on June 24, 2014. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to Corporate Property Services, Inc. for a restaurant, drive-in or fast food located at 3814 Challenger Avenue in the Hollins Magisterial District is substantially consistent with surrounding land uses along Challenger Avenue, but is not in conformance with the Transition area of the Future Land Use Map in the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and that it shall have a minimum adverse impact on the surrounding Page 1 of 3 neighborhood or community, and said special use permit is hereby approved with the following conditions: 1) The site shall be developed in substantial conformance to the site plan prepared by GBC Design, Inc. dated 02/04/14, subject to any revisions required during site plan review. 2) The site shall be developed in substantial conformance to the architectural renderings titled "Challenger Avenue FSU — Roanoke, VA Store #03375" subject to any revisions required during site plan review and building plan review. 3) The dumpster shall only be serviced during the hours of 7:00 a.m. and 7:00 p.m. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The provisions of this special use permit are not severable. Invalidation of any word, phrase, clause, sentence or paragraph shall invalidate the remainder. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. Page 2 of 3 On motion of Supervisor McNamara to adopt the ordinance, the motion was denied by the following roll call and recorded vote: AYES: Supervisors Moore, McNamara NAYS: Supervisors Bedrosian, Church, Peters A CORY TESTE: Deborah C. Jacks Deputy Clerk to the Bb/and of Supervisors cc: Arnold Covey, Director of Community Development Philip Thompson, Deputy Director of Planning Tarek Moneir, Deputy Director of Development Paul Mahoney, County Attorney John Murphy, Zoning Administrator Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 24, 2014 RESOLUTION 062414-7 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for June 24, 2014, designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 6 inclusive, as follows: 1. Approval of minutes — May 13, 2014 2. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Gary D. Huffman, Fire Marshal — Fire Prevention Captain, upon his retirement after more than twenty-seven (27) years of service 3. Resolution to disband the Roanoke County Community Leaders Environmental Action Roundtable (RCCLEAR) (This item was removed from the Consent Agenda by Supervisor Moore for separate consideration) 4. Appointment of Interim Building Commissioner 5. Confirmation of appointment to the Roanoke Valley Area Metropolitan Planning Organization (MPO) 6. Resolution appointing an Interim County Administrator (This item was removed from the Consent Agenda by Supervisor Bedrosian for separate consideration) Page 1 of 2 That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor McNamara to adopt the ordinance, with the exception of items 3 and 6 and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None A COPY TESTE: Deborah C. Jacks V Deputy Clerk to the Board of Supervisors Page 2 of 2