HomeMy WebLinkAbout2/24/2015 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, FEBRUARY 24,2015
RESOLUTION 022415-1 TO CONSENT TO ASSIGNMENT AND
ASSUMPTION OF GROUND LEASE AND LEASEBACK FROM GRAIN
COMM 1, LLC FOR THE CELLULAR TOWER LOCATED AT THE
HOLLINS FIRE STATION
WHEREAS, by Ordinance #102604-7 the Board approved a lease agreement
with Virginia PCS Alliance, LC d/b/a nTelos for a 3,400 square foot tower site at the
Hollins Fire Station on Barrens Road; and
WHEREAS, paragraph 14 of this lease agreement authorized assignment of the
lease and/or approval of subleases with the consent of the County which "shall not be
unreasonably withheld, delayed or conditioned"; and
WHEREAS, Virginia PCS Alliance, LC ("nTelos") is in the process of selling many
of its towers and tower related assets including the tower located at the Hollins Fire
Station on Barrens Road to GrainComm 1, LLC; and
WHEREAS, nTelos will be assigning the ground lease it currently has with
Roanoke County and GrainComm will become the tenant at the time and nTelos will
leaseback the space it currently uses on the tower and at the tower site for its wireless
operations from GrainComm; and
WHEREAS, nTELOS is requesting approval from the County for this action.
NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows -
1 . That the assignment and assumption of the Ground Lease and Leaseback
from GrainComm 1, LLC for the cellular tower located at the Hollins Fire Station is
hereby approved.
Page 1 of 2
2. That the County Administrator or his designee 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.
On motion of Supervisor Bedrosian to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Bedrosian, Church, McNamara, Peters
NAYS: None
A COPY TESTE:
Deborah C. Jacks V
Deputy Clerk to the Board of Supervisors
cc: Anne Marie Green, Director of General Services
Paul M. Mahoney, County Attorney
Page 2 of 2
ACTION NO. A-022415-2
ITEM NO. E-2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: February 24, 2015
AGENDA ITEM: Request to revise the Roanoke County Severe Weather Policy
to Authorized Closing Policy
SUBMITTED BY: Thomas C. Gates
County Administrator
APPROVED BY: Thomas C. Gates
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The County's Severe Weather Policy, found in the Employee Handbook, establishes
procedures for notification of employee absences due to weather conditions, defines the
manner in which employees are to be compensated when absences occur, and provides
that the County Administrator may close offices due to severe weather conditions.
With regard to compensation of employees during periods of severe weather, the policy
directs that non-exempt employees may use accumulated personal leave time, or leave
without pay, when the government is closed by the County Administrator. Public safety
personnel, defined in policy as Fire and Rescue, Police, Sheriff and
Comm unications/I nformation Technology staff are required to report to work as scheduled
regardless of government closure due to severe weather.
Given the current policy, the County Administrator, when making a determination as to
whether a government closure is warranted, must balance many considerations including
service delivery to citizens, concern for employee safety, cost of closure, and the impact
the closure will have on an employee's leave or compensation. A decision of the County
Administratorto close the government necessarily results in employees either utilizing their
leave balance or, where no balance exists, requiring the employee to go unpaid for the
duration of the closure. While balancing cost, the needs of the public, and employee
safety is expected, having to consider personal impact on employees is extraordinary.
Page 1 of 3
In addition, while existing policy specifically requires public safety departments to maintain
operations during a severe weather event, it does not address non-public safety
departments who contribute to ensuring public health and safety, specifically General
Services and Parks, Recreation and Tourism.
It is requested that the Board authorize an amendment to the current Severe Weather
Policy and provide the County Administrator with the flexibility necessary to manage
extreme situations. The portion of the policy recommended for revision is detailed below -
In severe weather conditions, County offices may be closed by the County
Administrator. During periods of closure, all Public Safety personnel shall
report as required. Additionally, staff required for the maintenance of public
health and safety may also be required to report for work. When the County
Administrator has directed that County offices be closed for severe weather
andlor conditions that risk the safety of employees, notification to employees
will be provided through their supervisors, the local media, social media, and
the County website.
Employees who are not required to work during authorized closings will be
provided administrative leave for the defined duration of the event. The
County Administrator shall determine the specific event duration forpurposes
of granting administrative leave. Employees that are required to work during
authorized closings may have administrative leave added to their Flexible
Leave balance to be used at a future date. Administrative leave will not be
used in the calculation of overtime, unless required by law, nor will it apply to
those who were on approved leave before or during the period of closure.
It is requested that the amended Severe Weather policy be approved and retroactively
made effective on February 16, 2014.
Page 2 of 3
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In severe weather conditions, County offices may be closed by the County
Administrator. During periods of closure, all Public Safety personnel shall
report as required. Additionally, staff required for the maintenance of public
health and safety may also be required to report for work. When the County
Administrator has directed that County offices be closed for severe weather
andlor conditions that risk the safety of employees, notification to employees
will be provided through their supervisors, the local media, social media, and
the County website.
Employees who are not required to work during authorized closings will be
provided administrative leave for the defined duration of the event. The
County Administrator shall determine the specific event duration forpurposes
of granting administrative leave. Employees that are required to work during
authorized closings may have administrative leave added to their Flexible
Leave balance to be used at a future date. Administrative leave will not be
used in the calculation of overtime, unless required by law, nor will it apply to
those who were on approved leave before or during the period of closure.
It is requested that the amended Severe Weather policy be approved and retroactively
made effective on February 16, 2014.
Page 2 of 3
FINANCIAL IMPACT:
No identifiable fiscal impact exists for employees not required to work during a closure.
Administrative leave granted for the event will immediately be utilized and therefore no
additional leave accumulation will result.
Public Safety employees and those deemed necessary for ensuring public health and
safetywho are required towork during the closure may have administrative leave added to
their Flexible Leave balance. Based on the recent weather event, the estimated fiscal
impact for the accrued leave is approximately $38,770. The liability for accrued leave will
be reduced as employees utilize their leave balances.
RECOMMENDATION:
Approve the proposed revision to the Severe Weather policy-,
Authorize a retroactive effective date of February 16, 2014.
VOTE:
Supervisor Peters moved to revise the Roanoke County Severe Weather Policy.
Motion approved.
cc- Thomas C. Gates, County Administrator
Anita Hassell, Acting Director of Human Resources
Page 3 of 3
Yes
No
Absent
Ms. Moore
EI
EI
Mr. Bedrosian
EI
EI
Mr. Church
EI
EI
Mr. McNamara
EI
EI
Mr. Peters
EI
EI
cc- Thomas C. Gates, County Administrator
Anita Hassell, Acting Director of Human Resources
Page 3 of 3
ACTION NO. A-022415-3
ITEM NO. E-3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
February 24, 2015
Confirmation of appointment to the Roanoke Regional Airport
Commission (At Large)
Deborah C. Jacks
Deputy Clerk to the Board
Thomas C. Gates
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
There were three (3) applications received for consideration of the appointment to the
Roanoke Regional Airport Commission, which are on file in the office of the Clerk to the
Board of Supervisors. These applicants were interviewed during the closed session on
February 10, 2014. This appointment carries a four (4) -year term and the new term will
expire February 10, 2019.
VOTE:
Supervisor Church moved to reappoint W. William Gust to the Roanoke Regional Airport
Commission for a new four-year term.
Motion approved.
Page 1 of 1
Yes
No
Absent
Ms. Moore
El
El
Mr. Bedrosian
El
El
Mr. Church
El
El
Mr. McNamara
El
El
Mr. Peters
El
El
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, FEBRUARY 24,2015
ORDINANCE 022415-4 ACCEPTING AND APPROPRIATING $37,500
FROM THE VIRGINIA DEPARTMENT OF EDUCATION TO ROANOKE
COUNTY PUBLIC SCHOOLS FOR 2014-2015 NATIONAL BOARD
CERTIFICATION BONUS AWARD
WHEREAS, The Virginia General Assembly funds incentive awards to teachers
in Virginia's public schools who hold special certification from the National Board for
Professional Teaching Standards; and
WHEREAS, The Virginia Department of Education distributes these awards and
has awarded a continuing incentive of $2,500 and an initial incentive of $5,000 to
eligible recipients; and
WHEREAS, nine (9) Roanoke County teachers have been selected to receive
the continuing award and three (3) teachers have been selected to receive the initial
award in 2014-2015 school year; and
WHEREAS, the incentive award is taxable and the school division assumes
responsibility for ensuring all taxes are remitted; 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 February 10, 2015, and
the second reading was held on February 24, 2015.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows -
Page 1 of 2
1 . That the sum of $37,500 is hereby accepted and appropriated from the
Virginia Department of Education to Roanoke County School Board for the National
Board Certification awards.
2. That this ordinance shall take effect from and after the date of adoption.
On motion of Supervisor McNamara to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Moore, Bedrosian, Church, McNamara, Peters
NAYS: None
A COPY TESTE:
Deputy Clerk to the
cc: Angela Roberson, Clerk, Roanoke County School Board
Rebecca Owens, Director of Finance
W. Brent Robertson, Director of Management and Budget
Page 2 of 2
rd of Supervisors
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON FEBRUARY 24, 2015
ORDINANCE 022415-5 ACCEPTING AND APPROPRIATING A
STORMWATER MANAGEMENT (SWM) PROGRAM FEE IN THE
AMOUNT OF $95,386 FROM THE DEPARTMENT OF
ENVIRONMENTAL QUALITY TO THE DEPARTMENT OF COMMUNITY
DEVELOPMENT'S MINOR CAPITAL NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM (NPDES) ACCOUNT FOR
STORMWATER PERMIT FEES COLLECTED FROM LOCAL
PROJECTS PRIOR TO JULY 1, 2014
WHEREAS, on July 1, 2014, Roanoke County became the Local Authority for the
Virginia Stormwater Management Program (VMSP); and
WHEREAS, part of administering the program, the County collects permit fees
associated with VMSP program activity. The permit fee is to help pay for costs
associated with administration and management of the program and the County shares
the collected fees with the Virginia Department of Environmental Quality (DEQ) twenty-
eight to seventy-two percent (28% to 72%) respectively; and
WHEREAS, prior to July 1, 2014, DEQ collected fees associated with providing
coverage under the state General Permit for Discharge of Stormwater from Construction
Activities and as part of the program transition from State to Local administration, DEQ
has now forwarded Roanoke County's portion of the program fees to the County in the
amount of $95,386; and
WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be
appropriated by ordinance; and
WHEREAS, the first reading of this ordinance was held on February 10, 2015,
and the second reading was held on February 24, 2015.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia as
Page 1 of 2
follows:
1. That the sum of $95,386 is hereby appropriated from the Virginia Department
of Environmental Quality to the Department of Community Development; and
2. The funds are to be allocated to the "National Pollutant Discharge Elimination
System" (NPDES) account (103109-6509); and
3. 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 recorded vote:
AYES: Supervisors Moore, Bedrosian, Church, McNamara, Peters
NAYS: None
A COPY TESTE:
Deborah C. Jacks ' /
Deputy Clerk to the Bci�r /Of Supervisors
cc: Tarek Moneir, Deputy Director of Development Services
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, FEBRUARY 24, 2015
ORDINANCE 022415-6 APPROVING THE SALE OF THE 419 LIBRARY
PROPERTY TO KISSITO PACE OF ROANOKE, INC. AND
AUTHORIZING THE EXECUTION OF A CONTRACT OF SALE
WHEREAS, the Board of Supervisors owns property located at 3131 Electric
Road consisting of two (2) parcels containing 2.526 acres and 0.93 acre previously
used as the main headquarters for the County library system and known as the "419
Library"; and
WHEREAS, upon completion of the new South County Library, the 419 Library
was vacated and made available for public acquisition; and
WHEREAS, in July of 2014 the County advertised a Request for Proposals for
either the sale or lease of the former 419 Library building; and
WHEREAS, Kissito Pace of Roanoke, Inc. (a tax exempt 501c3 organization)
submitted a proposal to purchase the property to establish an adult day care operation
for senior citizens; which proposal the County accepted; and
WHEREAS, a draft contract of sale has been prepared between the County and
Kissito Pace of Roanoke, Inc. providing for the purchase of the property in "as is"
condition at a purchase price of $2.7 million; and
WHEREAS, this ordinance authorizes the conveyance of the former 419 Library
located at 3131 Electric Road to Kissito Pace of Roanoke, Inc. upon the terms and
conditions set out in the above mentioned contract; 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
Page 1 of 2
first reading of this ordinance was held on February 10, 2015, and the second reading
and public hearing was held on February 24, 2015.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1 . That the conveyance of a 2.526 acre parcel and 0.93 acre parcel of real
estate known as the former 419 Library and located at 3131 Electric Road (Tax Map
Nos. 076.16-02-07.00 and 076.16-02-08.00) to Kissito Pace of Roanoke, Inc., upon
certain terms and conditions as set forth in a contract of sale, is hereby approved and
authorized; and
2. That the County Administrator or Assistant County Administrator 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.
On motion of Supervisor McNamara to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Moore, Bedrosian, Church, McNamara, Peters
NAYS: None
A COPY TESTE:
Deborah C. Jacks I
Deputy Clerk t, q;�rd of Supervisors
cc: Jill Loope, Director of Economic Development
Paul Mahoney, County Attorney
Rebecca Owens, Director of Finance
W. Brent Robertson, Director of Management and Budget
Page 2 of 2
CONTRACT OF SALE
THIS CONTRACT of sale made and entered into this day of I
2015, by and between the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, its
successors or assigns, party or parties of the first part, hereinafter referred to as Seller, and
KISSITO PACE OF ROANOKE, INC., party of the second part, hereinafter referred to as Buyer.
WITNESSETH:
NOW, THEREFORE, in consideration of the premises and the mutual promises, covenants,
and conditions set forth herein, the parties agree as follows:
1. PROPERTY: The Seller agrees to sell and the Buyer agrees to buy all that certain
lot, tract or parcel of land, together with any improvements thereon, rights incident thereto, and
appurtenances thereunto belonging, situate in the County of Roanoke, Virginia, and more
particularly described as follows:
All that certain tract or parcel of land, together with any improvements
thereon, rights incident thereto, and appurtenances thereunto belonging,
situate in the County of Roanoke, Virginia, and more particularly shown
and designated as 2.526 acre parcel and 0.93 acre parcel located at 3131
Electric Road, Tax Map #s 76.16-2-7 and 76.16-2-8.
THIS BEING all of the same real estate conveyed to the Board of
Supervisors of Roanoke County by deeds from Radford & Radford, Inc.
dated June 25, 1970 (Deed Book 898 Page 759); Donald J. Plybon and
Teresa B. Plybon dated September 19, 1987 (Deed Book 1273, Page 405);
and Eloise P. Clements and Charles Clements dated December 21, 1998
(Deed Book 1605, Page 384).
Hereinafter collectively referred to as the "Property."
2. PURCHASE PRICE: The purchase price for the property is Two Million Seven
Hundred Thousand Dollars ($2,700,000.00), which is payable to Seller as follows:
(A) Thirteen Thousand Five Hundred Dollars ($13,500) Deposit (hereinafter
referred to as the "Deposit") paid upon the execution of this Contract, the receipt of which is
hereby acknowledged by the Seller; the deposit shall be applied at settlement to the purchase
price.
(B) The balance of the purchase price shall be paid to Seller at settlement,
subject to the payment of closing costs and the credits and pro -rations set forth herein.
Page 1 of 7
3. SETTLEMENT: Settlement shall be made at the office of an attorney or the offices
of the Buyer, as may be designated by the Buyer, within sixty (60) days of all contingencies in the
contract being fulfilled, including, without limitation, the examination of title, corrections by the
Seller of any title defects or objections reported by the title examiner, and preparation of closing
documents, but in any event, closing shall be no later than May 29, 2015. Possession of the
Property shall be given to Buyer at Settlement.
The Seller shall be responsible for preparation of the deed, payment of the tax imposed
pursuant to the provisions of Section 58.1-802 of the Code of Virginia, 1950, as amended, payment
of any other taxes properly payable by the Grantor/Seller, and payment of the Seller's attorney's
fees, if applicable. Except as otherwise specifically provided herein, all other costs and
recordation fees incurred in connection herewith shall be the responsibility of the Buyer.
4. TITLE TO PROPERTY: At Settlement the Seller shall deliver to Buyer a good and
sufficient deed for the Property, conveying to Buyer title with SPECIAL WARRANTY and English
covenants of title and free and clear of all liens, encumbrances, easements, conditions and
restrictions, except as otherwise specifically provided herein or as Buyer may, at its option, waive
in writing. Seller represents and warrants that Seller has no knowledge of any reason or
circumstance that would prevent Seller from conveying such title. If a defect is found which can
be remedied by legal action within a reasonable time, Seller shall, at Seller's expense not to exceed
$1,000.00 promptly take such action as is necessary to cure the defect. If the Seller, acting in good
faith, is unable to have such defect corrected within sixty (60) days after Notice of such defect is
given, or is unable to have such defect corrected at a cost not to exceed $1,000.00 and Seller elects
not to expend additional sums for such correction, then Buyer may, at its option, either (i)
terminate this agreement, in which event the Buyer shall be entitled to the return of the Deposit,
shall have no obligation to purchase the property, and this agreement shall be null and void, or
(ii) waive the foregoing rights and enforce its rights to acquire the property as provided herein.
The parties may extend the date for settlement by mutual agreement in order to comply with the
requirements of this paragraph.
Page 2 of 7
5. RISK OF LOSS: All risk of loss or damage to the property shall remain on the Seller
until the date of settlement. In the event of substantial loss or damage to the real estate or its
improvements prior to settlement, Buyer shall have the option of either (i) terminating this
Contract and recovering the Deposit, or (ii) affirming this Contract, in which event Seller shall
assign to Buyer all of Seller's right under any policy or policies of insurance applicable to the
property and pay over to Buyer any sums received as a result of such loss or damage.
6. RIGHT OF ACCESS: Buyer or its agents, employees, or assigns, shall be entitled to
enter upon the Property from the date of this contract, for the purpose of conducting any and all
desired or required engineering and land surveys, and for other tests, studies, examinations, and
inspections as it deems appropriate. However, Buyer shall not unreasonably interfere with
Seller's use of the Property, and shall endeavour to provide Seller advance notice of intended
entries onto and activities upon the Property. In the exercise of privileges granted by this
Paragraph, Buyer shall substantially restore the property to its original condition upon
completion of such test or engineering work and shall be responsible for all loss, damage or
expense directly arising from or attributable to Buyer's use of the property or entry thereon prior
to settlement.
7. ENVIRONMENTAL STUDY AND REPORT; ENGINEERING STUDY AND REPORT:
Buyer may conduct its own environmental site assessment and engineering study of the Property
and the improvements, and the Seller specifically agrees that Buyer's purchase of the Property
shall be subject to and contingent upon receipt of satisfactory results from any environmental
site assessments and audit reports and engineering studies which Buyer may, in its discretion
and at its cost, deem appropriate, indicating to a reasonable degree of certainty that no Hazardous
Wastes or Toxic Substances, as defined under federal, state and local environmental laws and
regulations, are present upon the Property and determining that the improvements are free from
material defect. In the event that an unsatisfactory report is received, Buyer may elect to
terminate this contract by providing written notice to the Seller, in which event Seller shall return
Page 3 of 7
the Deposit to the Buyer, this agreement shall become null and void, and neither party shall have
any further rights or obligations in relation hereto.
8. FINANCING CONTINGENCY: The Buyer's obligation to purchase the Property is
conditioned upon the Buyer obtaining satisfactory financing to purchase the Property, renovate
and equip the improvements for use as a PACE center and generally place the Property and
improvements into service. The Buyer covenants to use its best efforts to obtain financing
promptly.
9. REAL ESTATE COMMISSION: Seller and Buyer acknowledge that no Real Estate
Agent or Agency has been involved in this transaction, and each agrees to be responsible for any
claim for a commission by reason of any action on their part.
10. DEFAULT: In the event Seller neglects or fails to comply with the provisions and
covenants herein, Buyer shall be at liberty to seek remedy in specific performance.
11. APPROVAL: This Contract, and the terms contained herein, is subject to approval
by the Board of Supervisors of Roanoke County, Virginia. In the event that this contract is not
approved by the Board of Supervisors by February 24, 2015, Seller shall promptly provide notice
of same to the Buyer, at which time Seller shall return the Deposit to the Buyer and this contract
shall become null and void, and neither party shall have any further rights or obligations in
relation thereto.
12. MISCELLANEOUS
(A) No waiver of any breach of covenants or conditions herein shall be
construed as a waiver of a covenant or condition itself or any subsequent breach thereof. The
paragraph headings appearing in this Agreement are for purposes of each reference and shall not
be considered a part of this Agreement or in any way to modify, amend, or affect the provisions
hereof.
(B) This Contract represents the entire agreement between the parties and
may not be modified or changed except by written instrument executed by the parties. This
Contract shall be construed, interpreted, and applied according to the law of the Commonwealth
Page 4 of 7
of Virginia, and shall be binding upon and shall inure to the benefit of the heirs, personal
representatives, successors, and assigns of the parties.
(C) Buyer accepts the Property in an "AS IS" condition acknowledges and
agrees that Seller makes no representation or warranties with respect to the Property. Buyer
agrees that Buyer is taking the Property, including the Building and Improvements, without any
warranties or representations from the Seller and that Buyer has had sufficient opportunities to
fully examine the Property, including the Building, and that Buyer shall comply with all
environmental and other laws in renovating the Building, including the proper removal of any
asbestos and lead paint on the Property,
(D) This Contract is executed in duplicate, with each having the effect of an
original, one of which shall be provided to each of the parties hereto.
(E) The Seller shall remove all personal property from the Property before
Closing. The Seller shall also remove the art work located in front of the Building or the Seller
shall present a reasonable plan regarding the transfer of any artwork on the property to the
appropriate owners to be agreed upon by the Buyer and the Seller prior to settlement. The Seller
shall also develop a plan for the time capsule located on the property and present a separate
agreement to the Buyer accordingly to be resolved prior to settlement.
13. The promises in this contract and obligations of the Buyer shall survive closing
and be incorporated into the deed.
14. ASSIGNMENT: The Buyer may assign this Agreement to an affiliate, so long as
such assignment does not change the intended use of the Property.
Page 5 of 7
WITNESS the following signatures and seals:
KISSITO PACE OF ROANOKE, INC.
E
Cherie Hicks, Chief Financial Officer
Address: 5228 Valley Pointe Parkway
Building B, Suite 1
Roanoke, VA 24019
Phone: 540-265-0322
Tax Identification Number: 27-2972573
BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA
VA
Address: P. 0. Box 29800
Roanoke, Virginia 24018
Phone: 540.772.2004
Approved as to Form:
Roanoke County Attorney's Office
State of
of , to -wit:
Thomas C. Gates, County Administrator
The foregoing instrument was acknowledged before me this day of
, 2015, by , President of Kissito PACE of
Roanoke, Inc.
My commission expires:
Notary Public
Page 6 of 7
State of Virginia,
County of Roanoke, to -wit:
The foregoing instrument was acknowledged before me this day of
, 2015, by Thomas Gates, County Administrator, on behalf of the
Board of Supervisors of Roanoke County, Virginia, Seller.
My commission expires:
Notary Public
Page 7 of 7
ACTION NO. A -022415-7.a
ITEM NO. K-2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: February 24, 2015
AGENDA ITEM: Request to accept and allocate grant funds in the amount of
$74,104.21 from the High Intensity Drug Trafficking Areas
(HIDTA) Program to the Roanoke County Police Department
for the Roanoke Valley Regional Drug Unit
SUBMITTED BY:
APPROVED BY:
Howard B. Hall
Chief of Police
Thomas C. Gates
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION
On March 25, 2014, the Board of Supervisors accepted and appropriated a grant in the
amount of $83,114 from the Wash i ngton/Baltimore HIDTA in support of the Roanoke
Valley Regional Drug Unit, which is made up of investigators from Roanoke County,
Roanoke City, City of Salem, Town of Vinton, Virginia State Police and the DEA.
The HIDTA funds were provided to identify organized drug trafficking organizations and,
when possible, to prosecute the cases as drug trafficking conspiracies. Roanoke County
Police Department serves as the lead agency and the Roanoke County Department of
Finance serves as fiscal agent.
Atthe end of the 2014 federal calendaryear, additional funds in the amountof $14,104.21
were available to cover expenses incurred by the Roanoke Valley Regional Drug.
In addition, the Roanoke Valley Regional Drug Unit received a commitmentof funding from
HIDTA in the amount of $60,000 for calendar year 2015. These funds will be used to
continue to support investigations of drug trafficking organizations that are operating in the
greater Roanoke Valley.
Page 1 of 2
FISCAL IMPACT:
No matching funds are required by the County. Ordinance #052714-4 appropriated grant
funds for grants that are routine and usual in nature for the 2014-15 fiscal year.
Funds in the amount of $74,104.21 will need to be allocated from the grant account to the
HIDTA grant account number 478550-0860.
ALTERNATIVES:
1. Accept and allocate grants funds in the amount of $74,104.21 from the High Intensity
Drug Trafficking Areas (HIDTA) Program to the Roanoke County Police Departmentfor
the Roanoke Valley Regional Drug Unit.
2. Do not accept the grant.
STAFF RECOMMENDATION:
Staff recommends approval of alternative 1.
VOTE:
Supervisor Peters moved to accept and allocate grant funds in the amount of $74,104.21
to the Roanoke County Police Department.
Motion approved.
cc- Howard B. Hall, Chief of Police
W. Brent Robertson, Director of Management and Budget
Rebecca Owens, Director of Finance
Page 2 of 2
Yes
No
Absent
Ms. Moore
El
El
Mr. Bedrosian
El
El
Mr. Church
El
El
Mr. McNamara
El
El
Mr. Peters
El
El
cc- Howard B. Hall, Chief of Police
W. Brent Robertson, Director of Management and Budget
Rebecca Owens, Director of Finance
Page 2 of 2
ACTION NO. A -022415-7.b
ITEM NO. K-3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: February 24, 2015
AGENDA ITEM: Request to accept and allocate grant funds in the amount of
$1,000 from Coca-Cola Bottling Company to Roanoke County
Fire and Rescue for the purchase of equipment for North
County station
SUBMITTED BY: Richard E. Burch, Jr.
Fire and Rescue Chief
APPROVED BY: Thomas C. Gates
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
In conjunction with the grand opening of Walmart Neighborhood Market #3622 located at
4950 Plantation Road in close proximity to the North County station, Coca-Cola Bottling
Company has awarded grant funds in the amount of $1,000 to Roanoke County Fire and
Rescue. The funds are intended for the purchase of equipment for the North County
station.
FISCAL IMPACT:
Ordinance #052714-4 appropriated grant funds for grants that are routine and usual in
nature for the 2014-15 fiscal year. Funds in the amount of $1,000 will need to be allocated
from the grant account to the Coca-Cola grant fund.
ALTERNATIVES:
Accept and allocate grant funds in the amount of $1,000.00 from Coca-Cola Bottling
Company to the Fire and Rescue Department for the purchase of equipment for the
North County station.
2. Do not accept the grant.
Page 1 of 2
STAFF RECOMMENDATION:
Staff recommends alternative 1.
VOTE:
Supervisor Peters moved to accept and allocate grant funds in the amount of $1,000 to
Roanoke County Fire and Rescue.
Motion approved.
cc- Richard E. Burch, Chief of Fire and Rescue
W. Brent Robertson, Director of Management and Budget
Rebecca Owens, Director of Finance
Page 2 of 2
Yes
No
Absent
Ms. Moore
F -I
F -I
Mr. Bedrosian
F -I
F -I
Mr. Church
F -I
F -I
Mr. McNamara
F -I
F -I
Mr. Peters
F -I
F -I
cc- Richard E. Burch, Chief of Fire and Rescue
W. Brent Robertson, Director of Management and Budget
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, FEBRUARY 24, 2015
RESOLUTION 022415-7 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR
THIS DATE DESIGNATED AS ITEM K- CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for February 24,
2015, designated as Item K - Consent Agenda be, and hereby is, approved and concurred
in as to each item separately set forth in said section designated Items 1 through 3
inclusive, as follows:
1. Approval of minutes — January 13, 2015; January 17, 2015
2. Request to accept and allocate grant funds in the amount of $74,104.21 from
the High Intensity Drug Trafficking Areas (HIDTA) Program to the Roanoke
County Police Department for the Roanoke Valley Regional Drug Unit
3. Request to accept and allocate grant funds in the amount of $1,000 from Coca-
Cola Bottling Company to Roanoke County Fire and Rescue for the purchase of
equipment for North County station
On motion of Supervisor Peters to adopt the resolution, and carried by the following
recorded vote:
AYES: Supervisors Moore, Bedrosian, Church, McNamara, Peters
NAYS-. None
A COPY TESTE:
De6brah C. Jacke
Deputy Clerk to t Woard 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, FEBRUARY 24,2015
RESOLUTION 022415-8 OF CONGRATULATIONS TO GLENVAR HIGH
SCHOOL FOOTBALL TEAM FOR WINNING THE VIRGINIA HIGH
SCHOOL LEAGUE (VHSL) GROUP 2A CHAMPIONSHIP
WHEREAS, team sports are an important part of the curriculum at schools in
Roanoke County, teaching cooperation, sportsmanship and athletic skill; and
WHEREAS, the Glenvar High School football team won their first State football
championship and they are the only Glenvar team in the past forty-seven (47) seasons to
win more than one (1) playoff game; and the first Glenvar team ever to defeat Giles
County; and
WHEREAS, Glenvar High School won the VHSL 2A Championship on December
13, 2014, by defeating Wilson Memorial 20 to 14 at Salem Stadium in overtime; and
WHEREAS, the Glenvar Highlanders finished their regular season with an
outstanding record of 14 wins and 1 loss; and
WHEREAS, Glenvar's only loss was at the hands of Giles County High School,
which was avenged by returning to Giles and defeating them 35 to 0; and
WHEREAS, the Highlanders defeated Central -Wise High School 13 to 6 in round 1
of the playoffs; defeated Union High School 19 to 9 in round 2; defeated Giles County High
School 35 to 0 in round 3 to reach the State semi-finals where Glenvar defeated Nottoway
High School 37 to 14; and
WHEREAS, the Highlanders have become the pride of the Glenvar Community and
the entire County of Roanoke; and
WHEREAS, the Highlanders are underthe dedicated leadership of VHSL Coach of
Page 1 of 3
the Year Kevin Clifford and Assistant Coaches Rick Street, Alex Wilkens, Zach Hayden,
Jay Goode, Maxx Crush, Steve Franco, Scott Woods, Al Woods, Clyde Landreth, Chris
Dumler, Steve Motley and Andy Chapman; and
WHEREAS, the following players have been named all State- Remington Stanley,
DE; Zach Deck, DT; Zack Clifford, QB; Elliott Stigall, WR; Quentin Alls, DT; Savion Stone,
LB and Corey Thompson, Punter.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke
County, Virginia does hereby extend its sincere congratulations to the members of the
GLENVAR HIGH SCHOOL FOOTBALL TEAM: Remington Stanley, Daryl Manns, John
Carpenter, Jake Shaffer, Zack Clifford, Elliot Stigal, Jacob Mullins, Travion
Humphreys, Ryan Painter, Alec Thompson, John Wilson, Devonte Wilson, Josh
Clifford, Demerea Humphryes, Tyler Smith, Jordon Mabry, John Lewis, Dustin
Brown, Cory Thompson, Daulton Palmer, Killian McCroskey, Seth Thompson,
Christian Walters, Savion Stone, Chance Carmichael, Jacob Hurley, Will Tawney,
Hunter Walls, Tristian Crockett, Tyler Stanley, Jon Deaton, Zach Deck, Quentin Ails,
Andrew Chapman, Brandon Saunders, Nathan Nobles, John Shaffer, Nathan St.
Clair, Marquis McKinstry and Thomas Helmick.
BE IT FURTHER RESOLVED, that the Board of Supervisors extends its bestwishes
to the members of the team, the coaches and the school in their future endeavors.
Page 2 of 3
On motion of Supervisor Church to adopt the resolution, and carried by the following
recorded vote:
AYES: Supervisors Moore, Bedrosian, Church, McNamara, Peters
NAYS: None
A COPY TESTE:
DebQrah C. Jacks
Deputy Clerk to the Bo4dof Supervisors
Page 3 of 3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, FEBRUARY 24, 2015
ORDINANCE 022415-9 REZONING AN APPROXIMATE 90.145 ACRE
PARCEL REAL ESTATE FROM R-1, LOW DENSITY RESIDENTIAL
DISTRICT, TO AG -3, AGRICULTURAL/RURAL PRESERVE DISTRICT ON
PROPERTY LOCATED AT 3320 HARBORWOOD ROAD, CATAWBA
MAGISTERIAL DISTRICT (TAX MAP NO. 065.00-01-36.00-0000), UPON
THE APPLICATION OF SHELDON HENDERSON
WHEREAS, the first reading of this ordinance was held on January 27, 2015, and
the second reading and public hearing were held February 24, 2015; and
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on February 3, 2015; and
WHEREAS, legal notice and advertisement has been provided as required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows -
1 . That the zoning classification of a certain tract of real estate containing
approximately 90.145 acres, as described herein, and located at 3320 Harborwood Road
(Tax Map No. 065.00-01-36.00-0000) in the Catawba Magisterial District, is hereby
changed from the zoning classification of R-1, to the zoning classification of AG -3.
2. That this action is taken upon the application of Sheldon Henderson.
3. That said real estate is more fully described as follows -
BEING 90.145 acres located at 3320 Harborwood Road and further
described as Tax Map No. 065.00-01-36.00-0000
4. 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 Zoning Administrator is directed to
Page 1 of 2
amend the zoning district map to reflect the change in zoning classification authorized by
this ordinance.
On motion of Supervisor Church to adopt the ordinance, and carried by the following
recorded vote:
AYES: Supervisors Moore, Bedrosian, Church, McNamara, Peters
NAYS: None
cc: Arnold Covey, Director of Community Development
Philip Thompson, Deputy Director of Planning
Tarek Moneir, Deputy Director of Development
William Driver, Director of Real Estate Evaluation
Paul Mahoney, County Attorney
John Murphy, Zoning Administrator
Page 2 of 2