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HomeMy WebLinkAbout4/28/2015 - RegularRoanoke County Board of Supervisors April 28, 2015 INVOCATION: Pastor Joe Cobb Metropolitan Community Church PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG Disclaimer: "Any invocation that may be offered before the official start of the Board meeting shall be the voluntary offering of a private citizen, to and for the benefit of the Board. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Board and do not necessarily represent the religious beliefs or views of the Board in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Board." Page 1 of 5 Roanoke County Board of Supervisors Agenda April 28, 2015 Good afternoon and welcome to our meeting for April 28, 2015. Regular meetings are held on the second and fourth Tuesday at 3-00 p.m. 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 -ca ptio ned, 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 1. Briefing on "Rally for Road Safety" (Howard B. Hall, Chief of Police; Tim Wyatt, Sergeant) 2. Briefing to update the Board of Supervisors on the Roanoke County Pipeline Advisory Committee (PAC) (Richard L. Caywood, Assistant County Administrator-, David Perry, Chairman, Roanoke County Pipeline Advisory Committee-, Paul M. Mahoney, County Attorney) 3. Briefing to discuss supplemental grass mowing (Richard L. Caywood, Assistant County Administrator) Page 2 of 5 E. NEW BUSINESS 1. Request to approve the Cable Television budget for fiscal year 2015-2016 (Elaine Bays -Murphy, Cable Access Director) 2. Request to adopt the Roanoke County School budget for the fiscal year 2015- 2016 (Rebecca Owens, Director of Finance-, David Wymer, Chairman, Roanoke County School Board-, Dr. Lorraine Lange, Superintendent of Schools and Penny Hodge, Assistant Superintendent of Finance, Roanoke County Schools) F. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCE -CONSENT AGENDA- Approval of these items does not indicate support for, or judge the merits of, the requested zoning actions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by the Planning Commission 1. The petition of PEG Bandwidth to amend a Special Use Permit condition to allow for the addition of a microwave antenna to an existing broadcasting tower in an AG -1S, Agricultural/Rural Low Density, District with Special Use permit and AV, Agricultural/Village Center, District on approximately 35.85 acres, located at 6224 Franklin Road, Cave Spring Magisterial District 2. The petition of The Branch Family LLC to obtain a special use permit for equipment sales and rentals in a C -2C, High Intensity Commercial, District, with conditions on an approximately 1.516 acre lot, located near 5130 Peters Creek Road, Catawba Magisterial District G. FIRST READING OF ORDINANCES 1 . Ordinance accepting and appropriating funds in the amount of $278,950 and approving a Comprehensive Agreement with HHHunt for the design and construction of the Murray Run stream Restoration Project UNDER THE Public -Private Education Facilities and Infrastructure Act (PPEA) of 2002 (Tarek Moneir, Deputy Director of Development; Paul Mahoney, County Attorney) 2. Ordinance accepting and appropriating $24,000 from the Virginia Department of Education to Roanoke County Public Schools for the Science, Technology, Engineering and Mathematics (STEM) Teacher Recruitment and Retention Incentive Initial and Continuing Awards (Rebecca Owens, Director of Finance) Page 3 of 5 H. APPOINTMENTS 1. Capital Improvement Program (CIP) Review Committee (appointed by District) 2. Economic Development Authority (appointed by District) 3. Parks, Recreation and Tourism Advisory Commission (appointed by District) CONSENTAGENDA 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 — March 24, 2015 2. Resolution accepting Old Mill Plantation Drive, Nandina Drive, Grape Holly Lane, Willow Leaf Circle and Burkwood Circle into the Virginia Department of Transportation Secondary System 3. Resolution granting a waiver to the American Cancer Society and Relay for Life of Vinton under Section 13-23 of the Roanoke County Code to the provisions of the County's Noise Ordinance, Article 11. Noise of Chapter 13. Offenses -Miscellaneous, Vinton Magisterial District 4. Request to accept and allocate grant funds in the amount $7,234.26 from the Commonwealth of Virginia to the Clerk of the Circuit Court for fiscal year 2014/2015 J. CITIZENS'COMMENTS AND COMMUNICATIONS K. REPORTS 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Outstanding Debt 5. Treasurer's Statement of Accountability per Investment and Portfolio Policy as of March 31, 2015 Page 4 of 5 6. Comparative Statement of Budgeted and Actual Revenues as of March 31, 2015 7. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances as of March 31, 2015 8. Accounts Paid — March 31, 2015 L. WORK SESSIONS 1. Work session to discuss proposed Operating and Capital budgets for fiscal year 2015-2016 and fiscal year 2016-2025 Capital Improvement Plan (Thomas C. Gates, County Administrator-, W. Brent Robertson, Director of Management and Budget) EVENING SESSION M. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Proclamation proclaiming the month of May 2015 to be Asthma Awareness Month in Roanoke County (Regina Rackow, President of the Greater Roanoke Valley Asthma and Air Quality Coalition) 2. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Kenneth Broughman, Police Community Services Officer 11, upon his retirement after more than sixteen (16) years of service (Howard B. Hall, Chief of Police) N. PUBLIC HEARING 1. Public hearing on the proposed budget fiscal year 2015-2016 operating budget and the fiscal year 2016-2025 Capital Improvements Program (W. Brent Robertson, Director of Management and Budget) 0. CITIZEN COMMENTS AND COMUNICATIONS P. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Joseph P. McNamara 2. Charlotte A. Moore 3. Al Bedrosian 4. Joseph B. "Butch" Church 5. P. Jason Peters Q. ADJOURNMENT Page 5 of 5 ACTION NO. ITEM NO. D-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: April 28, 2015 Briefing on "Rally for Road Safety" event Timothy L. Wyatt Sergeant Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County Parks, Recreation, and Tourism and the Blue Ridge Transportation Safety Board will join forces on May 16, 2015, to promote traffic safety at the "Rally for Road Safety" event at Tanglewood Mall from 10 AM to 3 PM. Regional law enforcement and traffic safety advocates will have interactive displays and provide information concerning being safe and responsible while on the road. A bike rodeo, impaired driving simulators, and ScanEd (an interactive crash display) are just some of the events that will be on hand to promote traffic safety. Page 1 of 1 ROANOKE CO LI 'If UNTY 11 S 4fa W1 FIDR a'-% 1 oil BICYCLE RODEO, CAR TECH DEMO, PRIZES, GAMES, SAFETY LESSONS MOTORCYCLE SAFETY, K-9 TEAM, MAGICIAN, DMV MOBILE VAN9 AnEvent0f: gd CARICATURE ART. CRASH VEHICLE, ReanekeSSF04111 cou SEAT BELT MUSICAL CHAIRS, Parks, RecreatJon and Tourism & FUN FOR ALL! For more information visit RoanokeCountyParks.com Event will be held beside Firestone in the Tanglewood Mall parking lot, kids and adults of all ages will learn how to Share the Road! Join us for this free and fun community event to educate the public on road safety laws and protect users of the road! ACTION NO. ITEM NO. D-2 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: April 28, 2015 Briefing to update the Board of Supervisors on the Roanoke County Pipeline Advisory Committee (PAC) Richard L. Caywood Assistant County Administrator Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This time has been set aside for David Perry, Chairman of the Roanoke County Pipeline Advisory Committee; Richard L. Caywood, Assistant County Administrator, and Paul M. Mahoney to provide the Board with an update on the Mountain Valley Pipeline. Page 1 of 1 20150417-3022 FERC PDF (Unofficial) 04/17/2015 UNITED STATES OF AMERICA Federal Energy Regulatory Commission Mountain Valley Pipeline, LLC Docket No. PF 15 -3 -000 NOTICE OF INTENT TO PREPARE AN ENVIRONMENTAL IMPACT STATEMENT FOR THE PLANNED MOUNTAIN VALLEY PIPELINE PROJECT, REQUEST FOR COMMENTS ON ENVIRONMENTAL ISSUES, AND NOTICE OF PUBLIC SCOPING MEETINGS (April 17,2015) The staff of the Federal Energy Regulatory Commission (FERC or Commission) will prepare an environmental impact statement (EIS) that will discuss the environmental impacts of the Mountain Valley Pipeline Project (MVP Project) involving construction and operation of natural gas facilities by Mountain Valley Pipeline, LLC (Mountain Valley), a joint venture between affiliates of EQT Corporation and NextEra Energy, Inc., in West Virginia and Virginia. For further details about the project facilities and locations, see "Summary of the Proposed Project" below. The Commission will use this EIS in its decision-making process to determine whether the project is in the public convenience and necessity. This notice announces the opening of the scoping process the Commission will use to gather input from the public and interested agencies on the project. You can make a difference by providing us with your specific comments or concerns about the project. Your comments should focus on the potential environmental effects, reasonable alternatives, and measures to avoid or lessen environmental impacts. Your input will help the Commission staff determine what issues they need to evaluate in the EIS. To ensure that your comments are timely and properly recorded, please send your comments so that the Commission receives them in Washington, DC on or before June 16, 2015. If you sent comments on this project to the Commission before the opening of the docket on October 27, 2014, you will need to re -file those comments in Docket No. PF 15- 3-000 to ensure they are considered as part of this proceeding. Any comments submitted after the establishment of a project docket do not need to be re -filed. This notice is being sent to the Commission's current environmental mailing list for this project. State and local government representatives should notify their constituents of this planned project and encourage them to comment on their areas of concern. 20150417-3022 FERC PDF (Unofficial) 04/17/2015 Docket No. PF 15 -3 -000 If you are a landowner receiving this notice, a Mountain Valley representative may contact you about the acquisition of an easement to construct, operate, and maintain the planned facilities. The company would seek to negotiate a mutually acceptable agreement. However, if the Commission approves the project, that approval conveys with it the right of eminent domain. Therefore, if easement negotiations fail to produce an agreement, the pipeline company could initiate conden-mation proceedings where compensation would be determined in accordance with state law. A fact sheet prepared by the FERC entitled "An Interstate Natural Gas Facility On My Land? What Do I Need To Know?" is available for viewing on the FERC website (www.ferc.gov). This fact sheet addresses a number of typically asked questions, including the use of eminent domain and how to participate in the Commission's proceedings. Public Participation You can make a difference by providing us with your specific comments or concerns about the project. Your comments should focus on the potential environmental effects, reasonable alternatives, and measures to avoid or lessen environmental impacts. The more specific your comments, the more useful they will be. To ensure that your comments are timely and properly recorded, please send your comments so that the Commission receives them in Washington, DC on or before June 16, 2015. For your convenience, there are four methods you can use to submit your comments to the Commission. In all instances, please reference the project docket number (PF 15-3-000) with your submission. The Commission encourages electronic filing of comments and has expert staff available to assist you at (202) 502-8258 or efilingkferc.gov. (1) You can file your comments electronically using the eComment feature located on the Commission's website (www.ferc.gov) under the link to Documents & Filings. This is an easy method for interested persons to submit brief, text -only comments on a project; (2) You can file your comments electronically using the eFiling feature located on the Commission's website (www.ferc.gov) under the link to Documents & Filings. With eFiling, you can provide comments in a variety of formats by attaching them as a file with your submission. New eFiling users must first create an account by clicking on eRegister. You must select the type of filing you are making. If you are filing a comment on a particular project, please select Comment on a Filing; or -2- 20150417-3022 FERC PDF (Unofficial) 04/17/2015 Docket No. PF 15 -3 -000 (3) You can file a paper copy of your comments by mailing them to the following address: Kimberly D. Bose, Secretary Federal Energy Regulatory Commission 888 First Street NE, Room IA Washington, DC 20426 4) In lieu of sending written or electronic comments, the Commission invites you to attend one of the public scoping meetings its staff will conduct in the project area, scheduled as follows. FERC Public Scoping Meetings — NIVP Project Date and Time Location Monday, May 4, 2015 James Monroe High School 7:00 pm Route 1, Lindside, VVY 24951 Tuesday, May 5, 2015 Eastern Montgomery High School 7:00 pm 4695 Crozier Road, Elliston, VA 24087 Thursday, May 7, 2015 Chatham High School 7:00 pm 100 Cavalier Circle, Chatham, VA 24531 Monday, May 11, 2015 Robert C. Byrd Center 7:00 pm 992 North Fork Road, Pine Grove, WV 26419 Tuesday, May 12, 2015 West Virginia University Jackson's Mill 7:00 pm 160 W`V`U Jackson Mill, Weston, WV 2645 Wednesday, May 13, 2015 Nicholas County High School 7:00 pm 30 Grizzly Road, Summersville, WV 26651 We' will begin our sign-up of speakers one hour prior to the start of each meeting (at 6:00 pm). The scoping meetings will begin at 7:00 pm, with a description of our environmental review process by Commission staff, after which speakers will be called. Each meeting will end once all speakers have provided their comments or when our contracted time for the facility closes. Please note that there may be a time limit of three minutes to present comments, and speakers should structure their comments accordingly. If time limits are implemented, they will be strictly enforced to ensure that as many individuals as possible are given an opportunity to comment. The meetings will be recorded by a stenographer to ensure comments are accurately recorded. Transcripts will be entered into the formal record of the Commission proceeding. The Commission will give equal consideration to all comments received, whether filed in written form or provided verbally at the scoping meeting. 51 64 We, us," and"our" refer to the environmental staff of the Commission's Office of Energy Projects. -3- 20150417-3022 FERC PDF (Unofficial) 04/17/2015 Docket No. PF 15 -3 -000 Mountain Valley representatives will be present one hour prior to the start of the scoping meetings to provide additional information about the project and answer questions. Summary of the Planned Proiect The MVP Project would involve the construction and operation of about 294 miles of 42 -inch -diameter buried steel pipeline in Wetzel, Harrison, Doddridge, Lewis, Braxton, Webster, Nicholas, Greenbrier, Fayette, Summers, and Monroe Counties, West Virginia and Giles, Montgomery, Roanoke, Franklin, and Pittsylvania Counties in Virginia. The pipeline would originate at Equitrans, L.P.'s existing transmission system in Wetzel County, West Virginia and terminate at the existing Transcontinental Gas Pipeline Company LLC's existing Zone 5 Compressor Station 165 in Pittsylvania County, Virginia. Additional facilities would include 4 new compressor stations in Wetzel, Braxton, and Fayette Counties, West Virginia and Montgomery County, Virginia; 4 new meter stations; 49 main line valves, and 6 pig2 launchers and/or receivers. The MVP Project would provide about 2 billion cubic feet of natural gas per day to markets in the Mid -Atlantic and Southeastern United States. The general location of the project facilities are shown in appendix 1.3 Land Requirements for Construction Construction of the planned facilities would disturb about 5,458 acres of land for the pipeline and aboveground facilities, not including temporary access roads which are not yet determined. Following construction, Mountain Valley would maintain about 2,687 acres for permanent operation of the project's facilities, not including permanent access roads; the remaining acreage would be restored and revert to former uses. About 15 percent of the planned pipeline route parallels existing pipeline, utility, and road rights-of-way. 2 A "pig" is an internal tool that the pipeline company inserts into and pushes through the pipeline for cleaning, inspections, or other purposes. 3 The appendices referenced in this notice will not appear in the Federal Rfgiste . Copies of the appendices were sent to all those receiving this notice in the mail and are available at www.ferc.gov using the link called "eLibrary" or from the Commission's Public Reference Room, 888 First Street NE, Washington, DC 20426, or call (202) 502- 8371. For instructions on connecting to eLibrary, refer to the last page of this notice. 20150417-3022 FERC PDF (Unofficial) 04/17/2015 Docket No. PF 15 -3 -000 The EIS Process The National Environmental Policy Act (NEPA) requires the Commission to take into account the environmental impacts that could result from an action whenever it considers the issuance of a Certificate of Public Convenience and Necessity. The NEPA also requires us to discover and address concerns the public may have about proposals. This process is referred to as scoping. The main goal of the scoping process is to focus the analysis in the EIS on the important environmental issues. By this notice, the Commission requests public comments on the scope of the issues to address in the EIS. We will consider all filed comments (including verbal comments presented at the public scoping meetings) during the preparation of the EIS. In the EIS we will discuss impacts that could occur as a result of the construction and operation of the planned project under these general headings: geology and soils; water resources and wetlands; vegetation and wildlife; cultural resources; land use, recreation, and visual resources; socioeconomics; air quality and noise; cumulative impacts; and public safety. As part of our analysis under the NEPA, we will consider or recommend measures to avoid, minimize, or mitigate impacts on specific resources. We will also evaluate possible alternatives to the planned project or portions of the project. Mountain Valley has proposed a number of alternatives, developed through the company's route selection process or identified by stakeholders, in draft Resource Report 10 filed with the FERC in Docket No. PF 15-3-000 on April 14, 2015. During scoping, we are specifically soliciting comments on the range of alternatives for the project. Although no formal application has been filed, we have already initiated our environmental review under the Commission's pre -filing process. The purpose of the pre -filing process is to encourage early involvement of interested stakeholders and to identify and resolve issues before the FERC receives a formal application from Mountain Valley. During the pre -filing process, we contacted federal and state agencies to discuss their involvement in scoping and the preparation of the EIS. -5- 20150417-3022 FERC PDF (Unofficial) 04/17/2015 Docket No. PF 15 -3 -000 With this notice, we are asking agencies with jurisdiction by law and/or special expertise with respect to the environmental issues related to this project to formally 4 cooperate with us in the preparation of the EIS. Agencies that would like to request cooperating agency status should follow the instructions for filing comments provided under the Public Participation section of this notice. Currently, the U.S. Department of Agriculture, Forest Service, Jefferson National Forest (USFS); U.S. Army Corps of Engineers, Huntington and Norfolk Districts; U.S. Environmental Protection Agency, Region 3; U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration; West Virginia Department of Natural Resources; and West Virginia Department of Environmental Protection expressed their intention to participate as cooperating agencies in the preparation of the EIS. The EIS will present our independent analysis of the issues. We will publish and distribute a draft EIS for public comment. After the comment period, we will consider all timely comments and revise the document, as necessary, before issuing a final EIS. Proposed Actions of the USFS The USFS is participating as a cooperating agency because the MVP Project would cross the Jefferson National Forest in West Virginia and Virginia. As a cooperating agency, the USFS intends to adopt the EIS per Tile 40 Code of Federal Regulations Part 1506.3 to meet its responsibilities under the NEPA regarding Mountain Valley's planned application to the USFS for a Right -of -Way Grant and Temporary Use Permit for crossing federally administered lands. The USFS additionally will assess how the planned pipeline conforms to the directions contained in the Jefferson National Forest's Land and Resource Management Plan (LRMP). Changes in the LRMP could be required if the pipeline is authorized across the National Forest. The EIS will provide the documentation to support any needed amendments to the LRMP. Consultations Under Section 106 of the National Historic Preservation Act In accordance with the Advisory Council on Historic Preservation's implementing regulations for section 106 of the National Historic Preservation Act, we are using this notice to initiate consultation with the applicable State Historic Preservation Offices, and to solicit their views and those of other government agencies, interested Indian tribes, and 5 the public on the project's potential effects on historic properties. We will define the ' The Council on Environmental Quality implementing regulations for the NEPA addresses cooperating agency responsibilities at Title 40, Code of Federal Regulations, Part 1501.6. 5 The Advisory Council on Historic Preservation implementing regulations for the National Historic Preservation Act are at Title 36, Code of Federal Regulations, Part 800. KIM 20150417-3022 FERC PDF (Unofficial) 04/17/2015 Docket No. PF 15 -3 -000 project -specific Area of Potential Effects (APE) in consultation with the SHPOs as the project develops. On natural gas facility projects, the APE at a minimum encompasses all areas subject to ground disturbance (examples include construction right-of-way, contractor/pipe storage yards, compressor stations, and access roads). Our EIS for this project will document our findings on the impacts on historic properties and summarize the status of consultations under section 106. Currently Identified Environmental Issues We have already identified several issues that we think deserve attention in the EIS, from our preliminary review of the planned facilities, environmental information provided by Mountain Valley, and comments by stakeholders. This preliminary list of issues may change based on your comments and our further analyses. These issues include: • karst terrain, sinkholes, and caves; • domestic water sources, wells, springs, and waterbodies; • forested areas; • federally -listed threatened and endangered species, including mussels and bats; • National Register of Historic Places listed Rural Historic Districts and other historic properties; • Appalachian Trail, Blue Ridge Parkway, and other scenic by -ways; • residential developments and property values; • tourism and recreation; • local infrastructure and emergency response systems; • public safety; • operational noise from planned compressor stations; and • alternatives and their potential impacts on a range of resources. Environmental Maihn2 Lis The environmental mailing list includes federal, state, and local government representatives and agencies; elected officials; environmental and public interest groups; Indian tribes and Native American organizations; other interested parties; and local libraries and newspapers. This list also includes all affected landowners (as defined in the Commission's regulations) who are potential right-of-way grantors, whose property may be used temporarily for project purposes, or who own homes within certain distances of Those regulations define historic properties as any prehistoric or historic district, site, building, structure, or object included in or eligible for inclusion in the National Register of Historic Places. -7- 20150417-3022 FERC PDF (Unofficial) 04/17/2015 Docket No. PF 15 -3 -000 aboveground facilities, and anyone who provides a mailing addressed when they submit comments on the project. We will update the environmental mailing list as the analysis proceeds to ensure that we send the information related to this environmental review to all individuals, organizations, and government entities interested in and/or potentially affected by the planned project. Copies of the completed draft EIS will be sent to the environmental mailing list for public review and comment. If you would prefer to receive a paper copy of the document instead of the CD version or would like to remove your name from the mailing list, please return the attached Information Request (appendix 2). Becomin2 an Intervenor Once Mountain Valley files its formal application with the Commission, you may want to become an "intervenor" which is an official party to the Commission's proceeding. Intervenors play a more formal role in the process and are able to file briefs, appear at hearings, and be heard by the courts if they choose to appeal the Commission's final ruling. An intervenor formally participates in the proceeding by filing a request to intervene. Instructions for becoming an intervenor are in the User's Guide under the e - filing link on the Commission's website. Please note that the Commission will not accept requests for intervenor status during the pre -filing process. You must wait until the Commission receives a formal application for the project from Mountain Valley, and the FERC issues a Notice of Application. Additional Information Additional information about the project is available from the Commission's Office of External Affairs, at (866) 208 -FERC, or on the FERC website (�=.ferc.gov) using the eLibrary link. Click on the eLibrary link, click on General Search, and enter the docket number, excluding the last three digits in the Docket Number field (i.e., PF 15-3). Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at FercOnlineSaportkferc.go or toll free at (866) 208-3676, or for TTY, contact (202) 502-8659. The eLibrary link also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings. In addition, the Commission offers a free service called eSubscription which allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries, and direct links to the documents. Go to www. ferc. Rov/doc s-filing/esub scription. asp. 20150417-3022 FERC PDF (Unofficial) 04/17/2015 Docket No. PF 15 -3 -000 Finally, public meetings or site visits will be posted on the Commission's calendar located at www.ferc.jzov/EventCalendar/EventsList.aspx along with other related information. Kimberly D. Bose, Secretary 20150417-3022 FERC PDF (Unofficial) 04/17/2015 Docket No. PF 15 -3 -000 Appendix I 20150417-3022 FERC PDF (Unofficial) 04/17/2015 Docket No. PF 15 -3 -000 Wetzel MP 0 OH PA Ohio MD cs #1 MP 20 West Vi�dina Doddridge Harrison KY Virdinia MP 40 en's TN Lewis . I NC MP 60 irginia CS #2 MP -80 Braxton IMP 100 Monongahela Nicho National Forest MP 1�'O, Fayette MP 140 Georgc Washingtc., National Forest CS#3 A -2 ft MP 160 Summers Monroe MP 180 CS #4�'Alt 17 S #4 Vi rg i n ia Montgomery MP 260 Jefferson MP2 0 ation I Forest Ir MP 280 Pittsylvania IN 0 Milepost Potential Alternative 0 Compressor Station Route 3 Figure 1 0 Compressor Station Appalachian Trail Corridor 0 8 16 32 Mountain Valley Pipeline Project Alternative Location Blue Ridge Parkway Mountain Valley NOOK::�� Miles -Planned Pipeline Federal Land 20150417-3022 FERC PDF (Unofficial) 04/17/2015 Docket No. PF 15 -3 -000 INFORMATION REOUEST MOUNTAIN VALLEY PIPELINE PROJECT Name— Agency_ Address City_ State Zip Code. 1:1 Please send me a paper copy of the draft EIS 1:1 Please remove my name from the mailing list Appendix 2 20150417-3022 FERC PDF (Unofficial) 04/17/2015 FROM ATTN: OEP—DG2E-Gas3,PJ-11.3 Federal Energy Regulatory Commission 888 First Street NE Washington, DC 20426 Docket No. PF15-3-000 Mountain Valley Pipeline Project Staple or Tape Here 20150417-3022 FERC PDF (Unofficial) 04/17/2015 Document Content(s) PF15-3-000 APRIL 17 2015.DOC .......................................... 1-13 ACTION NO. ITEM NO. D-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: April 28, 2015 Briefing to discuss supplemental grass mowing Richard L. Caywood Assistant County Administrator Richard L. Caywood Assistant County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This briefing was placed on the agenda at the request of Supervisor Bedrosian. Currently, VDOT plans three (3) mowing cycles per year on its system with additional mowing occasionally provided based on need/conditions. VDOT mowing standards are designed for safety and to ensure appropriate vehicle sight lines. The aesthetic condition of the roadway is a secondary consideration. Additional mowing would supplement VDOT mowing and improve the aesthetic quality of roadways, especially those that serve as gateway entrances into Roanoke County. Staff had obtained information regarding VDOT's contract for these services. Currently, VDOT pays $1,071.14 per mowing of the State maintained roads. This price includes tractor mowing at $89.90 per acre, non -tractor mowing at $349.90 per acre, litter removal before and after mowing at $31.90 per acre and all required traffic control and safety provisions to include a Truck Mounted Attenuator (TMA). The VDOT prices were bid in a contract that covered the entire primary highway network of the county. Staff estimates the County will pay a similar amount for these services in order to meet the applicable safety and quality standards. Page 1 of 1 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: April 28, 2015 AGENDA ITEM: Request to approve the Cable Television budget for fiscal year 2015-2016 SUBMITTED BY: Elaine Bays -Murphy Director of Cable Access APPROVED BY: Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke Valley Television, RVTV-3, serves Roanoke County, the City of Roanoke, the Town of Vinton and their respective school systems. RVTV-3 was created in 1992 as an agreement between the three (3) localities to form a Government and Educational Access Station. The station is located at the Jefferson Center, and is staffed by five (5) full time staff members. RVTV-3 produces original video productions, monthly television shows and covers live government meetings. Programming is cablecast on Cox Communications Channel 3, and Comcast Channel 3, in the West County area. RVTV-3 is governed by the Roanoke Valley Regional Cable Television Committee, which includes representatives from Roanoke County, Roanoke City and the Town of Vinton. Mr. Church represents the Board of Supervisors, Amy Whittaker represents Roanoke County Administration and Mr. David Jones is the Member at Large. The operational budget for RVTV totals $394,047. Funding for RVTV is provided by the three (3) local governments and is based on the proportion of Cox Customers located in each jurisdiction. Cox customers total 43,708 subscribers. Roanoke County has 19,292 subscribers. Roanoke County's share of the cable budget is forty-four percent (44%) or $173,381. Page 1 of 2 Last year, Roanoke Valley Television produced a total of 127 video productions for the three localities and their school systems. RVTV produced the following forthe County- (32) half hour television shows, (23) Video Productions, and (22) Live Board meetings. An entire list of video productions is included in the Budget Packet. RVTV monthly television shows include- "Roanoke County Today," and "Accent Excellence." RVTV also produces two quarterly TV shows, "Roanoke County Business Partners," and "Recreation Television." The approximate RVTV production value for TV shows and video productions for the year is $3,312,000. RVTV-3 programming is uploaded to the RVTV website and social media sources. Additionally, RVTV-3 programming is posted to the websites and social media sources for Roanoke County, Roanoke City, Town of Vinton and their School Systems. FISCAL IMPACT: Roanoke County's share of the cable budget is forty-four percent (44%) or$173,381. This amount is included in Roanoke County's proposed budget for 2015-16. See Attachments, Page 4, of the budget packet for more details of the 2015-2016 proposed budget. STAFF RECOMMENDATION: The Roanoke Valley Regional Cable Television Committee recommends approval of the fiscal year 2015-2016 RVTV Operating budget. Page 2 of 2 To: Roanoke Regional Cable Television Committee From: Elaine Bays -Murphy, Director of Cable Access Date: April 1, 2015 Re: FY 2015-2016 Operating Budget Proposal BACKGROUND INFORMATION: Roanoke Valley Television, RVTV Channel 3, is a Government & Educational Access Station, serving the City of Roanoke, Roanoke County, the Town of Vinton and their respective school systems. RVTV-3 was created in 1992 as an agreement between the three localities to form a Government & Educational Access Station. The operational budget for RVTV is provided by the three local governments, and it is funded through the Virginia Communications Sales and Use Tax Revenue paid by Cox Communications (Attachment Page 5). The RVTV budget amount paid by each locality is based on the proportion of Cox Customers located in each jurisdiction. For calendar year 2014, Cox Communications paid to the Commonwealth a total of $2,400,603.03. The Commonwealth paid the three localities their appropriate share. Amounts do not represent the adjusted amount paid by the Commonwealth to the localities. City of Roanoke: $1,199,452.51 County of Roanoke: $1,096,353.95 Town of Vinton: $104,796.57 Total: $2,400,603.03 VA Communications Sales & Use Tax Revenue RVTV has five full-time staff members. RVTV-3 produces Original Videos, Monthly Television Shows, and covers LIVE Government Meetings. Roanoke Valley Television produced the following in 2014: 98 Original Television Shows (12) Inside Roanoke, (12) Roanoke County Today, (12) Spotlight On City Schools, (12) Accent Excellence, (4) Roanoke County Business Partners, (4) Recreation Television, (3) BizRoanoke (12) Libraries Happenings 58 Regular Government Meetings (24) Regular Roanoke City Council, (22) Regular Roanoke County Board of Supervisors, (12) City Council Briefings 56 Original Video Productions ( List of Video Productions on Attachment Pages 6 & 7) Additionally, Roanoke Valley Television covered numerous Special Events including Ground Breakings, Dedication Ceremonies and News Conferences. The approximate rate for video production work in the private sector is $1,500 per finished minute. The approximate RVTV Production Value for TV Shows & Video Productions is $3,312,000. (Total value does not include Government Meetings). BACKGROUND INFORMATION: RVTV-3 Programming is uploaded to the RVTV Website & Social Media Sources. Website www.rvtv.org YouTube Channel www.voutube.com/RoanokeVallevTV Facebook Page www.facebook.com/roanokevalleytelevision Twitter www.twitter.com/RoanokeValleyTV Additionally, RVTV-3 Programming is uploaded to the Websites & Social Media Sources for Roanoke City, Roanoke County, Town of Vinton & their School Systems. W FISCAL IMPACT: The proposed FY2015/2016 Operating Budget request is $394,047. This is a $3,981 decrease of the current 2014/2015 budget. The proposed budget includes a 2% salary increase if approved by the Board of Supervisors. The budget includes an estimated 5% Health Insurance increase and a 2% Dental Insurance increase. The budget includes closed captioning services for Roanoke City Council & Roanoke County Board of Supervisors meetings. The proposed $394,047 is approximately 16% of the $2,400,603.03 paid by Cox Communications for the VA Communications Sales & Use Tax. Amounts do not represent the adjusted amount paid by the Commonwealth to the localities. City of Roanoke: $1,199,452.51 Roanoke County: $1,096,353.95 Town of Vinton: $104,796.57 Total: $2,400,603.03 The Operational Budget for RVTV is provided by the three localities based on the proportion of Cox Customers located in each jurisdiction. Cox calculates the percentage of subscribers (December 31, 2014) in each locality as follows: (2013 number of subscribers in parenthesis) Locality Subscribers Percentage city 22,542 (23,373) 52% (52%) County 19,292 (19,954) 44% (44%) Vinton 1,874 (1,960) 4% (4%) Total 43,708 (45,287) 100%(100%) Based on the above percentages, each member's contribution to the FY2015/2016 budget of $394,047 is: *In addition to the City's share of the above budget of $394,047, the City will also pay $2,136 for closed captioning for City Council Briefings. 2014/2015 Budget 2015/2016 Budget city $206,975 $204,904 County $175,132 $173,381 Vinton $15,921 $15,762 Total $398,028 $394,047 *In addition to the City's share of the above budget of $394,047, the City will also pay $2,136 for closed captioning for City Council Briefings. ATTACHMIENTS: RVTV Proposed 2015 - 2016 Budget Total $398,028.00 $394,047.00 199,952.46 (49.76) *ln addition to the City's share of the above budget of $394,047, the City will also pay $2,136 for closed captioning for City Council Briefings. RVTV expended 99.79% of the 2013/2014 Budget. E 2014-2015 Budget Proposed Remaining 2015-2016 Balance (12/31/14) 1010 Regular (Actual 209,200 + 2%) 214,048.00 213,384.00 107,506.66 2100 FICA (7.65%) 16,375.00 16,324.00 8,065.85 2200 Retirement - VRS (11. 12%) 23,802.00 23,728.00 8,876.74 2202 Deferred Comp Match (650 x 3) 1,950.00 1,950.00 775.00 2300 Group Health Insurance 41,945.00 40,570.00 22,012.11 (Actual $38,638 + 5%) 2310 Group Dental Insurance (2,204 +2%) 2,175.00 2,248.00 1,157.99 2400 VRS Life (1.32%) 2,825.00 2,817.00 1,328.43 2500 Long Term Disability Insurance 673.00 678.00 466.00 2750 VRS Retiree Health Credit 525.00 608.00 202.94 3013 Professional Services - Other 27,500.00 22,526.00 17,237.47 (Closed Captioning $22,250, Security System $276) 3013A CC - City Council Briefings City Only 3204 Repairs Vehicles (By Garage) 300.00 300.00 166.25 3209 Repairs (Other Equipment) 1,000.00 1,000.00 1,000.00 3305 Maintenance Service Contracts 2,204.00 3,125.00 1,940.00 (Telephone $550 Website $2,575) 5210 Postage 50.00 50.00 47.68 5230 Telephone 3,400.00 4,230.00 1,252.58 5233 Internet & Adobe Cloud 1,390.00 1,990.00 696.40 5235 Cellular Phones (2 Smart Phones) 1,200.00 1,200.00 149.60 5305 Motor Vehicle Insurance 1,250.00 1,342.00 -40.00 5308 General Liability Insurance 2,840.00 3,187.00 -245.00 5420 Lease/Rent of Buildings 43,818.00 45,132.00 22,126.14 (8 x $3,723.77 4 x $3,835.48) 5501 Travel (Mileage) 100.00 100.00 66.40 5520 Dinner Meetings & Luncheons 150.00 150.00 150.00 5801 Dues & Association Membership 308.00 308.00 00.00 (Public Relations Society of America) 6010 Office Supplies - General 500.00 500.00 287.10 6013 Small Equipment & Supplies 2,000.00 2,000.00 1,048.32 6014 Video Supplies 4,000.00 3,000.00 3,620.31 6080 Gas, Oil & Grease 1,500.00 1,400.00 1,090.47 6091 Tiresjubes & Parts 200.00 200.00 113.94 Total $398,028.00 $394,047.00 199,952.46 (49.76) *ln addition to the City's share of the above budget of $394,047, the City will also pay $2,136 for closed captioning for City Council Briefings. RVTV expended 99.79% of the 2013/2014 Budget. E RVTV Financial Report Current Account Balances as of December 31, 2014 273200 (Operating Budget) ................................................................. $199,952.46 273450 ( Cox Cable Capital Grant) ...................................................... $982,858.11 (Balance includes accrued interest.) 273500 (Operating Surplus) ................................................................. $35,335.09 ($15,000 Minimum Balance to be maintained in the account) Account 273500 (Operating Surplus) represents the unused funds from the Operating Budget since 1992. RVTV does not lose these funds at the end of the fiscal year, rather they are rolled over into this savings account. 2014 Virginia Communications Sales and Use Tax Revenue Paid by Cox Communications to the Commonwealth of Virginia for the Benefit of the City of Roanoke, County of Roanoke, and Town of Vinton Starting on January 1, 2007, the Virginia Communications Sales and Use Tax Act of 2006 (Va. Code 58.1-645 et seq.) required Cox Communications, as well as other cable television providers, to pay a five percent (5%) sales or use tax to the Commonwealth of Virginia in place of paying franchise fees to the localities, including the City of Roanoke, County of Roanoke, and Town of Vinton. Under the Act, the Commonwealth pays the amount of revenues it receives from cable television providers, like Cox, to the localities. For the calendar year 2014, Cox Communications paid to the Commonwealth of Virginia a total of $2,400,603.03. -fbe Commonwealth of Virginia paid to the three localities the appropriate share of this total amount as a replacement amount for the franchise fees. Amounts do not represent the adjusted amount paid by the Commonwealth to the localities. City of Roanoke: $1,199,452.51 Roanoke County: $1,096,353.95 Town of Vinton: $104,796.57 Total: $2,400,603.03 5 RVTV 2014 Edited Video Productions Title Client Length Blue Ridge Kite Festival PSA Roanoke County :30 Explore Open House PSA Roanoke County :30 Criminal Justice Academy Ground Breaking Roanoke County 7:30 Police Self Defense Class Roanoke City 5:00 Dogwood Festival PSA Town of Vinton :30 Vinton Branding Presentation Town of Vinton 40:00 Vinton Library Ground Breaking Town of Vinton 14:00 Vinton History Museum Anniversary Town of Vinton 16:00 Vinton Arbor Day Celebration Town of Vinton 13:00 Sheryl Crow Announcement Roanoke City 4:30 Project Lifesaver Training Roanoke City 3:30 CVB Annual Meeting Roanoke City 30:00 (2) Bullying PSAs Roanoke City Schools :30 each Click It or Ticket Press Conference Roanoke County 4:00 (2) Click It or Ticket PSAs Roanoke County :30 each GIS Website PSA Roanoke County :30 Stormwater Management PSA Roanoke County :30 Solarize Roanoke Press Conference Roanoke City 8:00 Canstruction SWVA PSA Roanoke City :30 State of the City Roanoke City 30:00 Wasena Mural Dedication Roanoke City 4:00 West End Revitalization PSA Roanoke City :30 Traffic Safety PSA Roanoke City :30 Bike Safety Video Roanoke City/Roanoke County 4:00 Goodwill Hollins Grand Opening Roanoke County 14:00 Green Hill Highland Games PSA Roanoke County :30 Vinton First Aid Crew 75 Ih Anniversary Town of Vinton 3:30 Walnut Bridge Ribbon -Cutting Town of Vinton 3:30 Pedestrian Safety Video Roanoke City 3:00 GTO Press Conference Roanoke City 9:00 Main Library Grand Opening Roanoke City 9:00 no RVTV 2014 Edited Video Productions Title Client Length Bike Safety Press Conference Roanoke City/Roanoke County 13:00 Youth Summit Video Roanoke City 3:30 Parks & Arts Announcement Roanoke City 9:00 VH- 1 Save the Music Press Conference Roanoke City Schools 15:00 Ardagh Group Grand Opening Roanoke County 17:00 County Library PSA Roanoke County :30 (3) RCACP PSAs Roanoke County :30 each County Administrator Announcement Roanoke County 7:00 State of the County Roanoke County 39:00 "Where are you Bobby Browning" Film Town of Vinton 5:00 State of the Town Town of Vinton 30:00 Vinton First Aid Crew Recruitment Town of Vinton 6:30 Tons of Fun PSA Roanoke County :30 Criminal Justice Academy Dedication Roanoke County 24:00 Walmart Neighborhood Market Opening Roanoke County 8:00 School Superintendent Announcement Roanoke County Schools 15:00 (2) Lead -Safe PSAs Roanoke City :30 each Leadership College PSA Roanoke City :30 Roanoke 100 Miler Roanoke City :60 Snow Removal Video Roanoke City 3:30 Highland Park Playground Ribbon -Cutting Roanoke City 7:00 Rain Barrel PSA City/County/Town :30 Total Minutes Produced 528:30 2014 Total Video Productions Total Productions City of Roanoke Roanoke County Town of Vinton 127 61 55 11 Percentage 48% 43% 9% 7 ACTION NO. 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: April 28, 2015 AGENDA ITEM: Request to adopt the Roanoke County School budget for the fiscal year 2015-2016 SUBMITTED BY: Rebecca Owens Director of Finance APPROVED BY: Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Roanoke County Public School Board approved the attached budget for the 2015- 2016 fiscal year. The proposed all funds school budget for 2015-2016 totals $164,759,253, an increase of (1.0%) more than the preceding year. Of this amount, the General Fund budget is $136,654,796, an increase of $915,932 or 0.7% over the FY2015 adopted budget. David Wymer (Chairman of the Roanoke County School Board), Dr. Lorraine Lange (Superintendent of Schools) and Penny Hodge (Assistant Superintendent of Finance) will attend the Board of Supervisors meeting to present the school budget. FISCAL IMPACT: Total funding from the County to the Schools for operations is $66.8 million. State code 22.1-93 requires the governing body of a County to prepare and approve an annual budget for education purposes by May 1 or within thirty (30) days of the receipt by the County of the estimates of state funds, whichever shall later occur. The appropriation of the School funds will occur during the County budget process. The public hearing is scheduled for April 28, 2015. The first reading of the proposed budget is Page 1 of 2 scheduled for May 12, 2015 and the second reading and appropriation of funds is scheduled for May 26, 2015. STAFF RECOMMENDATION: Staff recommends approving and adopting the attached school board budget for the 2015- 2016 fiscal year. Page 2 of 2 Roanoke County Publl*c Schools Budget 2015-2016 Roanoke County Public Schools School Board Members David M. Wymer, Chairman Catawba District H. Odell "Fuzzy" Minnix, Vice Chairman Cave Spring District Michael W. Altizer Vinton District C. Drew Barrineau Windsor Hills District Jerry L. Canada Hollins District Dr. Lorraine S. Lange School Superintendent Penny A. Hodge, CPA, SFO Assistant Superintendent of Finance David E. Atkins Finance Manager Susan L. Peterson, CPA Finance Manager 593 7 Cove Road, Roanoke, Virginia 24019 www.rcs.02.va.us -4 Table of Contents 00 - Executive Summary BudgetMessage ................................................................................................... 1-2 MissionStatement .................................................................................................... 3 Budget Development Calendar ................................................................................ 4 Budget Development Process .............................................................................. 5-6 Basisof Presentation ................................................................................................ 7 Budget Summary - All Funds .................................................................................. 8 General Fund Revenue Sources ............................................................................... 9 General Fund Revenues Per Pupil ......................................................................... 10 General Fund Revenues Detail Lines .............................................................. 11-12 General Fund Expenditures .............................................................................. 13-15 General Fund Expenditures Per Pupil .................................................................... 16 General Fund Expenditures Summary by Department .......................................... 17 Information - Student Enrollment .......................................................................... 18 Information - Transfer from County Government ................................................. 19 Information - Fund Balance History ...................................................................... 20 Other School Funds GrantFund ....................................................................................................... 22-23 NutritionFund ........................................................................................................ 24 Instructional Resources Fund ................................................................................. 25 CapitalFund ........................................................................................................... 26 DebtFund ............................................................................................................... 27 Laptop Insurance Reserves Fund ........................................................................... 28 BusFund ................................................................................................................ 29 School Capital Improvement Plan ..................................................................... 30 Adilk T3 Roanoke County Public Schools 5937 Cove Road Roanoke, Virginia 24019 March 26, 2015 Dear School Board Members and Board of Supervisors: The process of developing a budget each year is critically important for allocating resources to the successful operation of a first class educational program for approximately 13,800 students in the 16 elementary schools, 5 middle schools, 5 high schools, and I specialty school in Roanoke County. The School Board is required by state code to adopt an annual school budget and submit to the local governing body by April I of each year. The proposed school budget for 2015-16 reflects revenues based on aid for education released by the Virginia Department of Education. The school budget has been built with enrollment projected at 13,712, as compared to 13,801 in the current year budget. The enrollment decline includes the impact of the recent Norfolk Southern announcement to close the downtown facility and relocate 500 employees. Presented herein is the fiscal year 2015-16 budget for Roanoke County Public Schools. The General Fund budget of $136,654,796 reflects an increase of $915,932 (0.7%) more than the preceding year. The revenue changes include the following: • Decrease in state education funding of $466,658 (state aid for a 1.5% employee salary increase is more than offset by a funding reduction associated with declining enrollment). • Increase in sales tax revenues of $700,000 based on year to date collections in the current year averaging at 3% growth over the prior year. • Increase in the local appropriation from the County Board of Supervisors of $665,281 using the revenue sharing formula approved by both boards last year. • Increase in federal revenues of $4,000 from the federal Air Force Junior ROTC reimbursement program and federal forest reserves. • Increase in other revenues of $9,509 reflecting several revisions in recurring tuition based programs, revenues from the rental of school facilities, e -rate reimbursements, and fees for services. • Increase in grant contingency of $75,000 to allow for mid -year grant awards that are typical but not guaranteed (i.e. national teacher certification bonus, STEM grant, industry certifications). However, all mid -year grants will require School Board approval before they are spent by the school division. The school budget for 2015-16 will be increased for certain expenditures including the following: 0 2.5% baseline salary increases for contracted full and part-time employees. 0 Replacement of servers, networking, student computers, and computer carts per the Technology Assessment Plan. 0 Addition of backup internet service provider 0 Partial restoration of the funding for school bus replacements. Although the proposed budget does not include school closings or employee layoffs, it does assume ongoing hiring restraint while positions that are being voluntarily vacated through resignation or retirement continue to be analyzed for possible elimination. Due to limited revenue growth, efforts to provide employee compensation increases are largely reliant on repurposing current expenditure budgets. Repurposing decisions made to balance to the state, federal, and local funding levels for the school division include the following: • Expansion of custodial out -sourcing program during the current year and the addition of three more schools in 2015-16 resulting in 12 schools fully staffed by GCA Services. • Reduction in fuel budget by incorporating a pricing methodology that locks in diesel fuel rates for the following year ensuring budget stability in this expenditure area. • Reduction in early retirement incentive program that requires all employees on a contract of more than 200 days to work all program days in the following year before a replacement is hired. • Continued leasing of technology purchases to spread the cost over four years and create a refresh program for devices that now serve as the primary vehicle for accessing instructional resources. • Decrease in Virginia Retirement System (VRS) premium. • Elimination of non-recurring expenditure budgets from the prior year budget. • Decrease in the allocation from health reserves of $265,000 which was used in the prior year to fund a non-recurring expenditure. • Reclassification of student laptop fee revenue and the corresponding lease expenditure from the laptop reserve fund to the general fund of $193,800. There is no net effect of this reclassification. The School Board prioritized funding a salary increase over all other priorities in the 2015-16 budget acknowledging that employee baseline salaries were frozen in four of the past six years. The General Fund budget for 2015-16 includes a 2.5% salary increase for contracted school employees. This compensation adjustment represents only the third salary increase in the last 7 years. Budgets are built on the best information available at the time and reflect reasonable estimates based on past experience and current knowledge. For the 2015-16 budget, the difficulty in projecting normal enrollment changes was amplified by the recent announcement of the Norfolk Southern office closing. Every attempt was made to contact parents to ascertain the impact on current student enrollment for next year. In addition, sales tax collections in the first seven months of the year seemingly indicate a recovery but the volatility from month to month lends uncertainty to forecasts of sales tax collections for the next 18 months. The School Board Emergency Reserve was designed to address shortfalls in revenue collections and/or unanticipated significant expenditure increases after the budget is adopted. The balance in the Emergency Reserve is currently at $2,000,000 and is available should either of these situations result in a revenue deficit in 2015-16. As with all budgets, the funding is not endless. However, the School Board has made systematic and methodical choices to fund quality programs and staff within the constraints of available funding and essential budget needs. Since this will be my final budget prior to my retirement on July 1, 2015, 1 want to commend the School Board and Board of Supervisors for their strong leadership and enduring commitment to providing a high quality education to the students of Roanoke County Public Schools. It has indeed been a team effort to accomplish so much together. I would also like to thank our staff for their commitment and dedication to providing quality learning experiences for our students, and to the many parents and other citizens of Roanoke County who volunteer their time and expertise to help make our schools a safe and caring place for "learning for all, whatever it takes." Sincerely, M X oq� Lorraine S. Lange, Ed. D. Superintendent PA Pull. 4zrk. WIIC�Q Penny A. Hodge, CPA, SFO Assistant Superintendent of Finance T3 - Roanoke County Public Schools Mission Statement The mission of Roanoke County Public Schools is to ensure quality learning experiences designed to equip all students with the skills to adapt and thrive in a changing global environment. Beliefs and Assumptions • All children can learn. • The individual school controls enough variables to assure that virtually all children can be motivated to learn. • A school's stakeholders are the most qualified people to implement needed changes. • School -by -school change is the best hope for reform. "Learningfor all, whatever it takes YY Roanoke County Public Schools Budget Development Calendar November 2014 Identification and prioritization of budget initiatives and budget reductions based on Comprehensive Plan and state forecasts December 2014 Budget kick-off and distribution of Budget Preparation Instructions to staff Budget cycle reviewed with Employee Advisory Committee Preliminary revenue estimates prepared based on proposed Governor's budget JanuM 2015 Budget Development Calendar presented to School Board General Fund Requests submitted to Finance Office by all departments Grants, Nutrition, Instructional Resources, Capital, Debt, Laptop Insurance Reserves and Bus Budget Requests submitted to Finance Office Draft Operating Budget compilations distributed to Senior Staff Revenue projections updated based on proposed House and Senate budgets Public comment on FYI 5-16 Operating Budget FebruM 2015 General Fund Budget discussions — Superintendent and Senior Staff Joint meeting with School Board and Board of Supervisors Preliminary revenue sessions with local government Preliminary revenue projections updated based on General Assembly action Budget work session with Employee Advisory Committee March 2015 Budget work sessions with School Board and staff Presentation of Executive Budget Summary to School Board School Board adoption of FYI 5-16 General Fund Budget and Other Fund Budgets School Board adopted budgets presented to Board of Supervisors April 2015 • Public hearings and discussions with School Board, School Staff and Board of Supervisors on General Fund Budget • Finance Office distributes per pupil cost for public education in accordance with state law by April 15th Mgy 2015 0 Board of Supervisors adopts FY15-16 budget for school system in _D - Roanoke County Public Schools Budget Development Process The School System budget cycle is divided into a five-step process that includes planning, preparation, adoption, implementation, and evaluation. The process is driven by two objectives: to develop a budget that will provide every child in the school system with the best possible educational opportunities and to optimize the use of available resources. Within this framework, the School Board attempts to balance the educational needs of students with the resources available to the school system from local, state, and federal sources. Budget Planning For the fiscal year that begins July 1, the budget planning process starts the prior year when the School Board adopts a budget calendar. The calendar includes important activities in the budget process and the dates on which important decisions are scheduled. Once adopted, the calendar represents the guidelines for the preparation and adoption of the budget for the school system. Budget Preparation Preparation of the school budget includes input from each school and input from the following budget committees: Superintendent's Bud2et Committee Penny Hodge, Chairperson Lorraine Lange, Superintendent David Wymer, School Board Fuzzy Minnix, School Board Mike Altizer, School Board Drew Barrineau, School Board Jerry Canada, School Board Allen Journell, Deputy Superintendent Rebecca Eastwood, Human Resources Ben Williams, Testing & Remediation Taisha Steele, School Counseling Services Jeff Terry, IT Services Employee Advisory Committee Aric Palazzola, William Byrd HS Benjamin Watts, William Byrd MS Carol Webster, William Byrd HS Carolyn Penn, Northside MS Catey Moretz, Oak Grove Crystal Waggoner, Hidden Valley HS Don Higgins, Maintenance Edward McMichael, Cave Spring HS Ellen Ferris, Green Valley Gloria Gibson, Mountain View Haley Deeds, Fort Lewis Jackie Ryder, Penn Forest Katy Nance, Bonsack Kelly Stewart, Glenvar Elementary 5 Dominick McKee, Human Resources Jessica McClung, PPS/Special Ed Ken Nicely, Secondary Instruction Linda Wright, Elementary Instruction Martin Misicko, Operations David Atkins, Budget and Finance Susan Peterson, Budget and Finance Rebecca Owens, Roanoke County Rhonda Huffman, Nutrition Chuck Lionberger, Community Relations Angela Roberson, School Board Clerk Rita Huffman, Deputy Clerk Kristic Early, Mount Pleasant Lauren Cundiff, Masons Cove Lee Sturgill, Glen Cove Leslie Saul, Back Creek Lois Defibaugh, Warehouse Lori Clark, Clearbrook Madeleine Lukanich, Glenvar MS Marsha Wray, Cave Spring Elementary Nichole Huffman, Cave Spring MS Ralph Russo, Hidden Valley MS Sharon Falls, Burlington Sherce Anderson, W E Cundiff Sherry Siska, Glenvar HS Tammy Wood, Northside HS Traci Wren, H L Horn -D - Roanoke County Public Schools Budget Development Process Budget Adoption The budget for the school division for the next fiscal year is presented at board meetings and work sessions in February and early March. On or before April I of each year, the School Board adopts the next fiscal year's budget and submits to the Board of Supervisors for approval. The school division operates as a legally separate component unit. However, the school division is fiscally dependent upon the County of Roanoke with approximately 49% of the school budget funded by local taxes. The final adoption and appropriation occur in May of each year. In 2014, the school system received its ninth Association of School Business Officials International (ASBO) Meritorious Budget Award for Excellence in the preparation and issuance of the 2014-15 school system Annual Budget document. The award represents a significant achievement by Roanoke County Public Schools and reflects the commitment of the school division and staff to meeting the highest standards of school budgeting. Budget Implementation The fiscal year begins on July I of each year when the newly adopted budget becomes available for spending. Department administrators receive monthly reports which reflect the budgeted amount, year to date expenditures, encumbrances, and the amount remaining for expenditure. Upon review of these reports, the administrators may request budget transfers to align the budget with their spending priorities. The board members receive monthly and quarterly reports of revenues and expenditures to date. Budget Evaluation The last step in the budget process is the evaluation of the financial plan. The results of operation for the fiscal year are reported annually in the School Board's Comprehensive Annual Financial Report (CAFR), which is audited by a certified public accounting firm. The Superintendent's Annual School Report is also prepared annually in accordance with regulations set by the Virginia General Assembly. For the past thirteen years, Roanoke County Public Schools has received two prestigious awards for its CAFR. The first award is the Certificate of Excellence in Financial Reporting from the Association of School Business Officials International (ASBO). This is an international award that recognizes excellence in preparation and issuance of school system financial reports. The second award received is the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association (GFOA) of the United States and Canada. The Certificate of Achievement is a national award that recognizes conformance with the highest standards for preparation of state and local government financial reports. _D - R-oanoke County Public Schools Basis of Presentation The accounting system of the Roanoke County Public School division is organized and operated on the basis of self -balancing accounts which comprise its assets, liabilities, fund balances, revenues, and expenditures, as appropriate. School system resources are allocated to and accounted for in individual funds based upon the purpose for which they are to be spent and the means by which spending activities are controlled. The various funds are as follows: General Fund The General Fund consists of the necessary expenditures for the day-to-day operations of the School System for the upcoming fiscal year. This includes costs such as teacher salaries, supplies, equipment, and other operating costs. Grant Fund The Grant Fund accounts for federal, state, and private grants to provide critical support for the instructional program. School Nutrition Fund The School Nutrition Fund accounts for the revenues and expenditures necessary to operate school cafeterias. The primary source of funding for this budget comes from cafeteria sales and federal reimbursements for free and reduced lunches. This fund is self-supporting. Instructional Resources Fund The Instructional Resources Fund consists of the costs associated with the purchase of new textbooks (in hard copy or digital fonnat) and consumable instructional materials related to the subject areas. This fund is subsidized by the School General Fund through an interfund transfer. Capital Fund The Capital Fund represents state funding for technology, small capital projects, and planned use of the major capital cash reserves. Debt Fund The Debt Fund represents the payment of principal and interest for loans used to build/renovate school facilities. Laptop Insurance Reserves Fund The Laptop Insurance Reserves Fund includes the student insurance fee, laptop computer warranty reimbursements, and the related replacement of parts and batteries. School Bus Fund The School Bus Fund accounts for school bus replacements. 7 Roanoke County Schools Budget Summary - All Funds FY 2015-16 Budget Budget Increase Percent Fund 2014-15 2015-16 (Decrease) Change General Fund Grants Fund School Nutrition Fund Instructional Resources Fund Capital Fund Debt Fund Laptop Insurance Reserves Fund School Bus Fund Total Funds $ 135,738,864 $ 136,654,796 $ 915,932 0.7% 5,435,746 5,460,094 24,348 0.4% 5,712,290 5,712,290 - 0.0% 994,212 988,820 (5,392) -0.5% 846,070 1,346,670 500,600 59.2% 13,617,491 13,813,014 195,523 1.4% 467,800 350,350 (117,450) -25.1% 325,000 433,219 108,219 33.3% $ 163,137,473 $ 164,759,253 $ 1,621,780 1.0% All School Funds Grants Fund School Nutrition Fund Instructional Resources Fund Capital Fund Debt Fund General Fund Laptop Insurance Reserves Fund School Bus Fund Roanoke County Public Schools General Fund Revenue Sources The General Fund budget is funded with four main revenue sources. Projections of these revenue sources are subject to change each year based on legislative actions at the state and federal levels, local government revenue collections, and current economic conditions. The revenue sources and assumptions used for estimating the revenues for fiscal year 2015- 16 are as follows: State Revenue — State funds comprise about 50% of General Fund revenues with the state sales tax collections accounting for 10.7% of that amount. State revenue is projected to increase by $233,342 in FY2015-16 attributable to an increase in state funding per pupil and state aid for a salary increase. However, the majority of the funding increase was offset by a reduction in expected student enrollment. Federal Revenue — Federal funds will increase by $4,000 over the previous year due to the staffing change in the Air Force Junior ROTC reimbursement program and federal forest reserve funding. Estimates of these revenue sources are based on actions expected at the federal government level and current years funding. Local Revenues — The County of Roanoke provides significant support for the instructional program in Roanoke County Public Schools funding 48.9% of the total budget. The local revenues are derived from real estate and personal property taxes assessed by the local government for all services provided to the citizens of Roanoke County. For FY2015-16, the local transfer will increase by $665,281 using the revenue sharing formula approved by the School Board and County Board of Supervisors. Transfers — The transfer from health reserves has decreased by $265,000 which was used for non-recurring expenditures in the prior year budget. A new transfer of $193,800 is included to reclassify the use of student laptop fees as partial funding for the related lease payment which has been moved to the general fund this year. Other Revenue — Other revenues are expected to increase by $84,509 reflecting revisions in recurring tuition based programs as well as new revenues from the rental of school facilities and fees for services. 9 Roanoke County Public Schools General Fund Revenues Per Pupil FY 2015-16 Estimated Average Daily Membership $8,000 $7.000 $6,WO $M00 $4.000 S3.000 $2,000 $1.000 S - pea ---_1441 Botetaurt C4 Ron"Oke Cily Roanoke County Salem City Per Pupil Revenue by Source for FY2013-14 (latest data available) 10 Budget Budget Percent of Revenue 2014-15 2015-16 2015-16 Per Pupil State Sales Tax $ 13,936,793 $ 14,636,793 10.7% $ 1,067 State Revenue 54,212,999 53,746,341 39.3% 3,920 Transfer from County 66,097,425 66,762,706 48.9% 4,869 Federal Revenue 256,448 260,448 0-2% 19 Other Revenue 970,199 1,054,708 0.8% 77 Transfers In 265,000 193,800 0.1% 14 Total Revenues $ 135,738,864 $ 136,654,796 100.0% $ 9,966 Estimated Average Daily Membership $8,000 $7.000 $6,WO $M00 $4.000 S3.000 $2,000 $1.000 S - pea ---_1441 Botetaurt C4 Ron"Oke Cily Roanoke County Salem City Per Pupil Revenue by Source for FY2013-14 (latest data available) 10 Roanoke County Public Schools General Fund Revenues Detail Lines FY 2015-16 Lottery Funded Programs Actual 2011-12 Actual 2012-13 Actual 2013-14 Budget 2014-15 Budget 2015-16 Increase (Decrease) State SOQ Revenues 165,484 262,601 262,242 328,422 326,120 (2,302) State Sales Tax 15,419,884 13,874,668 13,944,930 13,936,793 14,636,793 $ 700,000 State Basic Aid 35,979,230 36,890,782 36,807,323 38,252,602 37,599,297 (653,305) SOQ - Vocational Education 745,933 451,532 450,595 530,036 526,618 (3,418) SOQ - Special Education 5,856,953 5,958,450 5,963,753 5,708,745 5,680,563 (28,182) SOQ - Gifted Education 414,407 407,264 406,419 408,388 405,755 (2,633) SOQ - Remedial Education 395,989 469,239 468,265 590,859 587,049 (3,810) Retirement 2,154,917 3,930,983 3,922,824 4,805,078 4,601,429 (203,649) Social Security 2,385,143 2,355,048 2,350,161 2,346,060 2,330,930 (15,130) Group Life 82,881 150,511 150,198 165,093 146,762 (18,331) SOQ - Remedial Summer School 60,505 63,905 76,806 93,662 52,609 (41,053) Support for School Operating costs 1,193,677 629,707 630,559 - - - Compensation Supplement - - - - 640,605 640,605 Total SOQ Revenues 64,689,519 65,182,089 65,171,833 66,837,316 67,208,410 371,094 Lottery Funded Programs At Risk 165,484 262,601 262,242 328,422 326,120 (2,302) Foster Home Children 231,326 305,816 243,570 244,625 196,399 (48,226) Special Ed - Regional Tuition 41,142 36,245 - 15,590 23,275 7,685 Voc Ed -State Equipment 19,585 22,698 22,020 8,096 8,096 - Voc Ed -State Adult Education 2,757 1,559 2,687 1,517 1,517 - Voc Ed -State Occup/Tech Ed 77,669 60,619 79,043 59,387 69,000 9,613 Regional Alternative School 39,449 42,730 44,088 15,280 15,280 - Disparity: K-3 - 360,891 266,051 461,277 375,957 (85,320) English as a Second Language 186,164 164,139 142,582 151,573 149,705 (1,868) Total Incentive Revenue 763,576 1,257,298 1,062,283 1,285,767 1,165,349 (120,418) State Categorical Revenues Homebound Payments 19,942 22,242 26,023 26,709 9,375 (17,334) State Grant Revenue 11,109 24,854 83,924 - - Total Categorical Revenue 31,051 47,096 109,947 26,709 9,375 (17,334) Total State Revenue 65,484,146 66,486,483 66,344,063 68,149,792 68,383,134 233,342 Local Revenue Local Appropriation -County 66,083,024 65,592,324 65,944,318 66,097,425 66,762,706 665,281 Total Local Revenue 66,083,024 65,592,324 65,944,318 66,097,425 66,762,706 665,281 Federal Revenue Medicaid Reimbursement 182,842 120,018 238,285 72,362 72,362 - Medicaid - Administrative Claiming 38,681 39,923 41,464 - - Medicaid Cost Report 122,824 60,129 28,589 - - - AFJROTC Reimbursement 55,572 37,347 51,557 51,000 54,000 3,000 Federal Land Use 2,486 2,353 2,398 1,000 2,000 1,000 Federal Grants 3,514 2,490 3,328 - - - Voc Ed - Carl Perkins Act 149,315 146,239 142,249 132,086 132,086 Federal Stimulus (ARRA) 24,303 44,936 - - - - Total Federal Revenue 579,537 453,435 507,870 256,448 260,448 4,000 11 Roanoke County Public Schools General Fund Revenues Detail Lines FY 2015-16 Transfers Transfer from Capital Fund - 5,000 Transfer from Alternative School 115,081 - - Transfer from Internal Svc - Operations 78,844 1,214,911 1,865,116 - Transfer from Internal Svc - One Time - - - 265,000 - (265,000) Transfer from Laptop Reserve - - - - 193,800 193,800 Total Transfers 193,925 1,219,911 1,865,116 265,000 193,800 92,709 Total General Fund Revenue $ 133,141,895 $ 134,728,111 $ 135,888,387 $ 135,738,864 $ 136,654,796 $ 987,132 12 Actual 2011-12 Actual 2012-13 Actual 2013-14 Budget 2014-15 Budget 2015-16 Increase (Decrease) Other Revenue Interest Income 63,379 39,657 44,948 50,000 $ 44,000 (6,000) Student Parking Fees - 54,881 51,672 50,000 50,000 Transcript Fees - - 2,600 15,000 10,109 (4,891) Rental of School Property 22,775 27,700 39,275 42,000 50,000 8,000 Tuition - Regular School 88,776 109,916 111,896 84,000 90,000 6,000 Tuition - Summer School 65,700 84,599 82,479 68,000 70,000 2,000 Teacher Certification 25,000 17,500 22,500 - - - Industry Certifications 11,536 3,924 18,068 Tuition - Adult Education 3,899 8,796 2,480 - - Tuition - Preschool (LEAP) 121,190 129,939 151,975 133,785 133,785 Roanoke County - Taubman 41,700 41,700 - - - - Other Miscellaneous Revenue 26,548 72,392 164,303 3,600 23,600 20,000 E -rate Reimbursement 264,501 281,521 434,050 435,214 400,339 (34,875) Bogle Field Recovered Costs 3,647 2,016 1,559 - - - Tuition from Other Localities 10,387 9,155 6,675 5,500 8,500 3,000 College Day - - - 4,100 4,100 - Tuition - Gifted - 33,112 - 29,000 45,275 16,275 Online High School Tuition 52,225 59,150 92,540 50,000 50,000 - Grant Contingency - - - - 75,000 75,000 Total Other Revenue 801,263 975,958 1,227,020 970,199 1,054,708 84,509 Transfers Transfer from Capital Fund - 5,000 Transfer from Alternative School 115,081 - - Transfer from Internal Svc - Operations 78,844 1,214,911 1,865,116 - Transfer from Internal Svc - One Time - - - 265,000 - (265,000) Transfer from Laptop Reserve - - - - 193,800 193,800 Total Transfers 193,925 1,219,911 1,865,116 265,000 193,800 92,709 Total General Fund Revenue $ 133,141,895 $ 134,728,111 $ 135,888,387 $ 135,738,864 $ 136,654,796 $ 987,132 12 Roanoke County Public Schools General Fund Expenditures The education of students is a labor-intensive operation that is reflected in the allocation of the financial resources of the school system. For FY15-16, total compensation and benefits represent 83% of expenditures in the operating budget. The FY15-16 General Fund expenditure budget reflects an overall increase of 0.7% over the prior year. Significant increases in expenditure budgets include the following: 2.5% baseline salary increases for contracted full and part-time employees. Replacement of servers, networking, student computers, and computer carts per the Technology Assessment Plan. Addition of backup internet service. Partial restoration of bus funding eliminated in the FY12-13 budget due to economic constraints. Roanoke County School employee baseline salaries were frozen in four of the past six years. The School Board prioritized funding a salary increase over all other priorities in the FY16 budget. The General Fund budget for FY15-16 reflects salary and benefit adjustments including the following: 2.5% salary increase for contracted school employees. No change in the KeyCare 1000 employee health premiums for employees who choose to participate in the Wellness Program. Increases in the rates for the KeyCare 200 plan for employees who elect to participate in the Wellness Program. The School Board subsidized the annual rate increases over the past six years in lieu of salary increases. Additional increase in the rates for both health plans for employees who choose not to participate in the Wellness Program. Expenditure Categories — The Virginia Department of Education requires uniform reporting of public education expenditures by the following categories: Instruction — Instruction includes the activities that deal directly with the interaction between teachers and students. Instruction may be provided for students in a school classroom, in another location such as a home, or in other learning situations such as distance learning. Administration — Activities concerned with providing executive leadership of the school division. Attendance and Health — Activities concerned with tracking and managing student attendance and providing health services in our schools. 13 Pupil Transportation — Activities concerned with transporting students to and from school, as provided by state and federal law. This includes trips between home and school, and trips to and from school activities. Operation and Maintenance — Activities concerned with keeping the physical plant open, comfortable, and safe for use, and keeping the grounds, buildings, and equipment in effective working condition. This includes the activities of maintaining safety in buildings, on the grounds, and in the vicinity of schools. School Nutrition — Activities concerned with providing nutritious meals to students and staff. Facilities — Activities concerned with acquiring land and buildings, remodeling buildings, constructing buildings and additions to buildings, installing or extending service systems and other built-in equipment and improving sites. Other Uses of Funds — A number of outlays of governmental funds are not properly classified as expenditures, but still require budgetary or accounting control. These include debt service payments (principal and interest) and certain transfers of monies from one fund to another. Technology — Activities concerned with providing and maintaining the infrastructure and related materials and equipment to support the use of technology for instructional and operational/managerial purposes. In addition, the School Board budget is prepared using functional cost centers for accountability and management purposes as follows: Classroom Instruction expenditures include classroom expenditures other than personnel such as the development of curriculum and instructional programs which support the standards of quality and the administration of schools and programs in compliance with state, federal, and school board mandates, policies, and guidelines. Classroom instruction also includes expenditures associated with educational testing, career education programs, special education services, homebound instruction, and guidance services. Personnel is the largest expenditure in the school operating fund. These departments include the salary and fringe benefit costs for classroom personnel, instructional and central office support staff, and school administration. Support services are expenditures related to providing transportation for regular, special, and summer school programs and the maintenance and operation of all school facilities. Central support departments include expenditures for the school board, school superintendent, budget and finance, community relations, pupil assignment, and 14 staff development. Property insurance for school buildings, worker's compensation, and fund transfers for debt and textbooks are budgeted under central support. Special programs capture the cost of providing summer school and adult education classes. 15 Roanoke County Public Schools General Fund Expenditures Per Pupil FY 2015-16 Estimated Average Daily Membership I $1 3�000 S12.000 S11,000 $10,000 S9,000 S8,000 S'7.000 $6,000 Boictourt County Franklin Countv MonlSom cry Caunty Roanoke Citv Roanoke County Salem City Pcr Pupil Spending —4—On-Time Graduation Rates —41 --Low Income Ratcs �fj� I 101Y. I Per Pupil Spending vs. On -Time Graduation Rates and Free & Reduced Meal Rates for FY2013-14 (latest data available) 16 Budget Budget Percent of Cost 2014-15 2015-16 2015-16 Per Pupil Classroom Instruction $ 6,238,793 $ 6,720,657 4_9% $ 490 Personnel 112,670,331 113,203,387 82-8% 8,256 Central Support 9,787,317 9,810,229 7.2% 715 Support Services 6,804,728 6,682,828 4.9% 487 Special Programs 237,695 237,695 0.2% 17 135,738,864 $ 136,654,796 100.0% $ 9,966 Estimated Average Daily Membership I $1 3�000 S12.000 S11,000 $10,000 S9,000 S8,000 S'7.000 $6,000 Boictourt County Franklin Countv MonlSom cry Caunty Roanoke Citv Roanoke County Salem City Pcr Pupil Spending —4—On-Time Graduation Rates —41 --Low Income Ratcs �fj� I 101Y. I Per Pupil Spending vs. On -Time Graduation Rates and Free & Reduced Meal Rates for FY2013-14 (latest data available) 16 Roanoke County Public Schools General Fund Expenditures Summary by Department FY 2015-16 Personnel Actual 2011-12 Actual 2012-13 Actual 2013-14 Budget 2014-15 Budget 2015-16 Increase (Decrease) Classroom Instruction 73,319,702 77,610,292 78,316,023 75,192,661 75,700,295 507,634 Instructional Programs - Elementary $ 924,917 $ 535,356 $ 563,021 $ 594,221 $ 601,454 $ 7,233 Instructional Programs - Secondary 523,024 483,600 495,571 458,721 490,660 31,939 Administration 1,337,636 1,320,276 1,354,216 1,453,427 1,426,927 (26,500) Testing and Remediation 364,761 366,193 347,395 388,342 388,342 - Career and Technical Education 472,972 449,348 481,550 406,867 411,867 5,000 Pupil Personnel and Special Education 686,080 599,348 693,394 673,791 673,791 - School Counseling Services 76,883 77,723 77,939 60,908 62,658 1,750 IT Services 2,967,567 1,923,798 1,998,225 2,202,516 2,664,958 462,442 Total Classroom Instruction 7,353,840 5,755,642 6,011,311 6,238,793 6,720,657 481,864 Personnel 234,598 240,299 262,867 301,813 270,813 (31,000) Instructional Personnel 73,319,702 77,610,292 78,316,023 75,192,661 75,700,295 507,634 Administrative Personnel 8,311,113 8,806,101 8,937,680 8,714,994 8,891,764 176,770 Classified Personnel 19,434,923 20,307,269 20,434,691 18,005,108 17,959,415 (45,693) Employee Insurance Benefits 446,713 - - 10,757,568 10,757,568 -- Total Personnel 101,512,451 106,723,662 107,688,394 112,670,331 113,309,042 638,711 Central Support School Board 234,598 240,299 262,867 301,813 270,813 (31,000) School Superintendent 75,639 218,372 114,625 212,055 130,780 (81,275) Budget & Finance 23,810,141 16,188,089 13,422,343 8,932,355 9,024,574 92,219 Community Relations 11,316 7,863 13,746 15,900 15,900 - Staff Development 177,153 199,433 154,787 210,825 210,825 - Pupil Assigntrient 109,825 108,610 104,902 114,369 157,337 42,968 Total Central Support 24,418,672 16,962,666 14,073,270 9,787,317 9,810,229 22,912 Support Services Transportation 1,767,950 1,583,518 1,674,510 1,691,906 1,498,251 (193,655) Facilities & Operations 4,874,045 5,089,233 5,029,461 5,112,822 5,078,922 (33,900) Total Support Services 6,641,995 6,672,751 6,703,971 6,804,728 6,577,173 (227,555) Special Programs Summer School 251,838 260,433 248,310 228,005 228,005 Adult Education 6,656 11,652 5,167 9,690 9,690 Total Special Programs 258,494 272,085 253,477 237,695 237,695 - Total General Fund Expenditures 140,185,452 $ 136,386,806 $ 134,730,423 $ 135,738,864 $ 136,654,796 $ 915,932 17 -D - Roanoke County Public Schools Information - Student Enrollment September Average Daily Annual Fiscal Year Method Enrollment Membership Growth 2000-01 Actual 13,871 13,865 0.1% 2001-02 Actual 13,911 13,930 0.5% 2002-03 Actual 14,094 14,127 1.4% 2003-04 Actual 14,385 14,279 1.1% 2004-05 Actual 14,508 14,365 0.6% 2005-06 Actual 14,842 14,728 2.5% 2006-07 Actual 14,891 14,777 0.3% 2007-08 Actual 14,931 14,802 0.2% 2008-09 Actual 14,742 14,650 -1.0% 2009-10 Actual 14,583 14,474 -1.2% 2010-11 Actual 14,389 14,259 -1.5% 2011-12 Actual 14,157 14,074 -1.3% 2012-13 Actual 14,102 13,958 -0.8% 2013-14 Actual 14,054 13,929 -0.2% 2014-15 Budgeted 13,972 13,801 2015-16 Proposed - 13,712 Average Daily Membership Trend 14,900 14,800 14,700 14,600 14,500 14,400 14,300 - 14,200 14,100 - 14,000 - 13,900 - 13,800 13,700 13,600 13,500 SY Iry 11�1 1�1 V 11;), 14�r N� If rf r1f r1f "f If re re 18 Roanoke County Public Schools Information - Transfer from County Government Fiscal Year Annual Appropriation Increase From Prior Year Percent Increase 2006-07 $ 59,240,414 $ 1,573,044 2.73% 2007-08 62,902,796 3,662,382 6.18% 2008-09 62,214,926 (687,870) -1.09% 2009-10 60,543,357 (1,671,569) -2.69% 2010-11 63,543,357 3,000,000 4.96% 2011-12 64,484,024 940,667 1.48% 2012-13 64,484,024 0 0.00% 2013-14 65,045,318 561,294 0.87% 2014-15 66,097,425 1,052,107 1.62% 2015-16 66,762,706 665,281 1.01% 68,000,000 66,000,000 64,000,000 62,000,000 60,000,000 58,000,000 56,000,000 54,000,000 County Funding Trend County Transfer as a % of Total School Budget 0.50 0.48 0.46 0.44 0.42 0.40 6 19 n - Roanoke County Public Schools Information - Fund Balance History Note: Emergency Fund Balance not included in Operating Fund Balance. $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 $0 VIJ6-col IL001,0$ VIJ11-09 1),011"A9 VI",_%\ �,0\1- A� V11,1- %'� 20 General School Operations Fund Balances Fund Balance Emergency Fiscal Operating Operating as a % Fund Year Budget Fund Balance of Budget Balance 2005-06 118,007,240 6,282,978 5.32% 1,300,000 2006-07 127,332,873 6,992,833 5.49% 1,300,000 2007-08 135,091,375 5,288,063 3.91% 2,000,000 2008-09 143,223,216 4,651,042 3.25% 1,000,000 2009-10 137,909,128 6,949,138 5.04% 2,671,290 2010-11 128,821,750 9,883,843 7.67% 2,000,000 2011-12 131,373,270 3,314,246 2.52% 2,000,000 2012-13 132,912,485 1,651,551 1.24% 2,000,000 2013-14 133,799,052 2,857,888 2.14% 2,000,000 Note: Emergency Fund Balance not included in Operating Fund Balance. $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 $0 VIJ6-col IL001,0$ VIJ11-09 1),011"A9 VI",_%\ �,0\1- A� V11,1- %'� 20 Roanoke County Public Schools Other School Funds 2015-16 Y plig 'es Roanoke County Public Schools Grant Fund Revenues FY 2015-16 Potential Mid -Year Grants 150,000 150,000 150,000 150,000 Total Grant Revenues $ 6,570,177 $ 6,013,582 $ 4,757,699 $ 5,435,746 $ 5,460,094 $ 24,348 22 Actuals Actuals Actuals Budget Budget Increase State Grants 2011-12 2012-13 2013-14 2014-15 2015-16 (Decrease) Federal Grants 118,470 139,186 136,117 145,728 151,717 5,989 Title 1, Distinguished Schools 28245 $ $ 95,916 $ 90,042 (4,193) Title 1, (Stimulus Funds) 105,652 15,917 - 15,717 15,717 Title 1, Part A 1,354,733 1,249,368 954,017 1,000,000 1,000,000 (30,221) Title 11, Part A 330,316 301,540 96,442 250,000 250,000 Title 11, Part D 574 26 - - - - Title 111 41,412 16,870 35,813 33,000 33,376 376 Title 111, Immigrant and Youth 6,398 - - - 5,966 5,966 Title VI -B Flow-Thru Funds 3,418,943 3,351,607 2,730,375 2,949,192 3,006,664 57,472 Title VI -B (Stimulus Funds) 106,579 - - - - - Preschool Mini Grant- I yr 88,665 88,351 83,813 83,813 83,869 56 Technology Grant (Stimulus Funds) 302 - - - - - Potential Mid -Year Grants 150,000 150,000 150,000 150,000 Total Grant Revenues $ 6,570,177 $ 6,013,582 $ 4,757,699 $ 5,435,746 $ 5,460,094 $ 24,348 22 5,481,820 5,007,762 3,900,460 4,316,005 4,379,875 63,870 State Grants Early Reading Initiative 118,470 139,186 136,117 145,728 151,717 5,989 Algebra Readiness 60,744 78,909 95,916 94,235 90,042 (4,193) GED Funding 15,717 15,917 - 15,717 15,717 Preschool Initiative 494,424 479,531 479,531 551,530 521,309 (30,221) Visually Handicapped Grant 3,645 3,625 - - - Dual Enrollment 80,916 78,426 Adult Basic Education 100,402 84,212 - General Adult Education 12,537 14,042 - 8,392 - (8,392) Special Education in Regional Jail 87,452 55,568 85,035 93,318 92,624 (694) Mentor - - - 9,321 8,810 (511) Jobs for Virginia Graduates 42,000 42,000 42,000 42,000 50,000 8,000 History to Life - 416 1,923 9,500 - (9,500) Race for GED 71,050 13,988 16,717 - - 1,087,357 1,005,820 857,239 969,741 930,219 (39,522) Private Grants Saturday School 1,000 - - - - 1,000 Potential Mid -Year Grants 150,000 150,000 150,000 150,000 Total Grant Revenues $ 6,570,177 $ 6,013,582 $ 4,757,699 $ 5,435,746 $ 5,460,094 $ 24,348 22 Roanoke County Public Schools Grant Fund Expenditures FY 2015-16 1,169,233 989,135 872,771 969,741 930,219 (39,522) Private Grants Saturday School 1,037 - - - - LEAP Program 362 1,398 - - 1,399 1,398 Potential Mid -Year Grants - - 150,000 150,000 150,000 150,000 Total Grant Expenditures $ 6,652,450 $ 5,996,896 $ 4,774,629 $ 5,435,746 $ 5,460,094 $ 24,348 23 Actuals Actuals Actuals Budget Budget Increase 2011-12 2012-13 2013-14 2014-15 2015-16 (Decrease) Federal Grants Title 1, Distinguished Schools $ 28,244.86 $ $ 0.00 Title 1, (Stimulus Funds) 105,652 - Title 1, Part A 1,354,733 1,249,368 954,017 1,000,000 1,000,000 Title 11, Part A 330,317 301,539 96,442 250,000 250,000 Title 11, Part D 574 26 - - - - Title 111 41,412 16,870 35,813 33,000 33,376 376 Title 111, Immigrant and Youth 6,398 - - - 5,966 5,966 Title VI -B Flow-Thru Funds 3,418,942 3,351,607 2,730,375 2,949,192 3,006,664 57,472 Title VI -B (Stimulus Funds) 106,579 - - - - - Preschool Mini Grant- I yr 88,665 88,351 83,813 83,813 83,869 56 Technology Grant (Stimulus Funds) 302 - - - - - 5,481,818 5,007,761 3,900,460 4,316,005 4,379,875 63,870 State Grants Early Reading Initiative 118,470 139,186 136,117 145,728 151,717 5,989 Algebra Readiness 60,744 78,910 95,916 94,235 90,042 (4,193) GED Funding QSAEP) 15,717 15,917 - 15,717 15,717 Preschool Initiative 494,424 479,531 479,531 551,530 521,309 (30,221) Visually Handicapped Grant 3,645 3,625 - - - Dual Enrollment 162,793 61,740 15,539 Adult Basic Education 100,402 84,212 - - General Adult Education 12,537 14,042 - 8,392 - (8,392) Special Education in Regional Jail 87,452 55,568 85,035 93,318 92,624 (694) Mentor - - - 9,321 8,810 (511) Jobs for Virginia Graduates 42,000 42,000 42,000 42,000 50,000 8,000 History of Life - 416 1,916 9,500 - (9,500) Race for GED 7LO50 13.988 16.717 - 1,169,233 989,135 872,771 969,741 930,219 (39,522) Private Grants Saturday School 1,037 - - - - LEAP Program 362 1,398 - - 1,399 1,398 Potential Mid -Year Grants - - 150,000 150,000 150,000 150,000 Total Grant Expenditures $ 6,652,450 $ 5,996,896 $ 4,774,629 $ 5,435,746 $ 5,460,094 $ 24,348 23 Roanoke County Public Schools Nutrition Fund FY 2015-16 Revenues: Pupil, Adult & Other Sales Rebates & Refunds State Reimbursement Federal Reimbursement Interest Income Other Income Transfer from General Fund Total Revenues EUenditures: Salaries & Related Costs Contractual Services Travel Food Supplies Supplies Equipment Unappropriated Total Expenditures Beginning Balance Ending Balance Actuals Actuals Actuals Budget Budget Increase 2011-12 2012-13 2013-14 2014-15 2015-16 (Decrease) $ 3,480,466 $ 3,280,883 $ 3,013,951 $ 3,400,000 $ 3,437,520 $ 37,520 32,862 23,519 36,599 23,520 30,000 6,480 97,205 102,964 98,425 95,000 95,000 - 2,162,971 2,215,825 2,346,775 2,100,000 2,142,000 42,000 3,544 2,770 1,922 2,770 2,770 - - - 4,456 - 5,000 5,000 - - - 91,000 - (91,000) 5,777,048 5,625,961 5,502,128 5,712,290 5,712,290 - 2,797,077 2,979,911 2,898,997 3,159,510 2,330,151 (829,359) 73,272 67,015 69,030 66,925 82,500 15,575 17,858 11,309 10,057 11,309 14,000 2,691 2,618,257 2,624,619 2,498,572 2,301,698 2,395,785 94,087 58,902 83,982 59,865 91,386 100,197 8,811 299,127 72,433 57,666 75,000 135,475 60,475 - - - 6,462 654,182 647,720 5,864,493 5,839,269 5,594,187 5,712,290 5,712,290 - 925,004 837,559 624,251 $ 837,559 $ 624,251 $ 532,192 $ Mcal Prices: FY 11-12 FY 12-13 FY 13-14 FY 14-15 FY 15-16 Elementary lunch 2.05* 2.15* 2.25* 2.35* 2.35* Secondary lunch 2.05* 2.15* 2.25* 2.35* 2.60* Reduced price lunch 0.40 0.40 0.40 0.40 0.40 Adult lunch 2.60 2.75 2.85 3.00 3.25 Full priced breakfast 1.00 1.00 1.10 1.15 1.25 Adult breakfast 1.25 1.25 1.35 1.50 1.75 Reduced breakfast 0.30 0.30 0.30 0.30 0.30 Prchminary Rcimburscmcnt Ratcs: Breakfast Lunch Federal - paid meal $0.28 $0.34 Federal - reduced price meal $1.32 $2.64 Federal - free meal $1.62 $3.04 State reimbursement none $0.05 * Federally mandated rate increases. 24 Roanoke County Public Schools Instructional Resources Fund FY 2015-16 Total Expenditures 1,502,051 934,824 966,088 994,212 988,820 (5,392) Beginning Balance 744,059 47,651 63,990 Ending Balance 47,651 63,990 42,457 Scheduled Adoptions/Purchases: FYI 5-16 - World Languages, Biology, AP Chemistry, AP Biology and AP Physics, Reading Grades 4 & 5 FY16-17 - Social Studies FY17-18 - Math FYI 8-19 - English 6-12, Reading K-5, Science FY21-22 - World Languages 25 Actuals 2011-12 Actuals 2012-13 Actuals 2013-14 Budget 2014-15 Budget 2015-16 Increase (Decrease) Revenues: Sale of Textbooks $ 15,497 $ 4,975 $ 364 $ 5,000 $ 5,000 $ Other Revenue 6,481 6,612 6,263 8,000 8,000 State Reimbursement 373,519 794,430 792,782 836,066 830,674 (5,392) Transfer from School Operating Fund 410,146 145,146 145,146 145,146 145,146 Total Revenues 805,643 951,163 944,555 994,212 988,820 (5,392) EUenditures: Salaries & Related Costs 79,906 85,141 84,341 91,963 93,154 1,191 Instructional Materials 23,376 26,777 222,072 25,000 25,000 - Contracted Textbooks 598,340 327,823 541,473 602,749 737,809 135,060 CTE Resources - - 45,149 21,000 6,000 (15,000) BCAT Resources - - 2,101 3,500 35,000 31,500 Non -Contracted Textbooks 800,429 495,083 70,952 250,000 91,857 (158,143) Total Expenditures 1,502,051 934,824 966,088 994,212 988,820 (5,392) Beginning Balance 744,059 47,651 63,990 Ending Balance 47,651 63,990 42,457 Scheduled Adoptions/Purchases: FYI 5-16 - World Languages, Biology, AP Chemistry, AP Biology and AP Physics, Reading Grades 4 & 5 FY16-17 - Social Studies FY17-18 - Math FYI 8-19 - English 6-12, Reading K-5, Science FY21-22 - World Languages 25 Roanoke County Public Schools Capital Fund FY 2015-16 Revenues: Interest Income Other Income Soft Drink Commission State Technology Bond State Education Grant Federal Stimulus Modernization Rental Income Proceeds from VPSA Bonds Proceeds from Bond Premiums Proceeds from EBS Lease Transfer - Bogle Field Reserve County Transfer - Bogle Field Reserve Major Capital Cash Reserves Total Revenues Expenditures: Salaries & Related Costs Contracted Services School Projects (Pepsi) Equipment Stimulus School Modernization Technology Building Improvements Bogle Reserve Transfers to Other Funds Cave Spring HS - Scope Analysis Total Expenditures Beginning Balance Ending Balance Actuals Actuals Actuals Budget Budget Increase 2011-12 2012-13 2013-14 2014-15 2015-16 (Decrease) 3,713 - S - $ - S - $ - 5,299 3,850 27,195 - - 80,000 50,000 50,000 50,000 50,000 778,000 726,000 726,000 726,000 726,000 - - 95,906 - - - 57,950 - - - - - 20,803 3,704240 - - - 9,080,000 - - 50,000 50,000 954,878 25,000 - - - - - - 19,524 20,070 20,670 600 25,000 25,000 25,000 25,000 25,000 - 25,000 25,000 25,000 25,000 25,000 - 15,765,602 8,333,796 7,728,091 - 500,000 500,000 26,775,442 9,184,449 8,696,716 846,070 1,346,670 500,600 20,762 3,536 7,363 489,376 318,300 202,452 - - 80,000 50,000 50,000 50,000 50,000 2,002,060 2,413,107 1,063,371 726,000 726,000 57,950 - - - - - 2,972,088 2,263,228 2,496,989 20,070 20,670 600 25,183,946 7,152,783 3,704240 - - - 50,000 50,000 - 50,000 50,000 457,375 25,000 1,886,000 - - - - - - - 500,000 500,000 31,313,557 12,275,954 9,410,415 846,070 1,346,670 600_ 39,609,096 35,070,981 31,979,476 $ 35,070,981 $ 31,979,476 S 31,265,777 $ - $ - $ 500,000 26 Roanoke County Public Schools Debt Fund FY 2015-16 Actuals 2011-12 Actuals 2012-13 Actuals 2013-14 Budget 2014-15 Budget 2015-16 Increase (Decrease) Revenues: Principal on G. 0. Bonds 620,000 645,000 - - Transfer from General Fund 9,475,981 9,987,078 8,797,849 9,445,428 9,647,101 201,673 Transfer from School Fund 4,150,345 4,125,345 4,125,343 4,125,345 4,125,345 - Total Revenues 13,626,326 14,112,423 12,923,192 13,570,773 13,772,446 201,673_ Enenditures: Principal on G. 0. Bonds 620,000 645,000 - - - Principal on Literary Loans 447,817 447,817 447,817 447,817 447,817 - Principal on VPSA Bonds 7,526,025 7,953,108 7,913,010 7,909,036 8,656,248 747,212 Interest on G. 0. Bonds 57,100 32,250 - - - - Interest on Literary Loans 108,511 95,077 81,642 68,209 54,774 (13,435) Interest on VPSA Bonds 4,841,873 4,939,171 4,480,723 5,145,711 4,613,607 (532,104) Bank Service Charges 8,000 8,000 6,150 46,718 40,568 (6,150) Total Expenditures 13,609,326 14,120,423 12,929,342 13,617,491 13,813,014 195,523 Beginning Balance 45,718 62,718 54,718 46,718 40,568 (6,150) Ending Balance 62,718 54,718 48,568 27 Roanoke County Public Schools Laptop Insurance Reserves Fund FY 2015-16 EUenditures: Actuals Actuals Actuals Budget Budget Increase Warranty related: 2011-12 2012-13 2013-14 2014-15 2015-16 (Decrease) Salaries & Related Costs 18,954 5,242 9,492 21,530 21,530 - Revenues: 15,379 21,227 15,662 22,918 22,918 - Interest Income $ 3,000 $ 2,835 $ 3,378 $ - $ - $ - Fees from Students 219,867 226,288 217,353 193,800 250,350 56,550 Lost/Damaged Parts 250 634 676 - - - Warranty Reimbursements 133,120 90,471 147,824 100,000 100,000 (193,800) Total Revenues 356,237 320,228 369,231 293,800 350,350 56,550 EUenditures: Warranty related: Salaries & Related Costs 18,954 5,242 9,492 21,530 21,530 - Printing Supplies 15,379 21,227 15,662 22,918 22,918 - Small Equipment (batteries) 87,240 77,350 2,495 35,552 35,552 - Small Parts - Students 19,815 79,285 78,183 20,000 20,000 - Other Insurance - 105,160 - - - - Lease payment - student laptops - - - 193,800 - (193,800) Transfer to Operating Fund - - - - 193,800 193,800 Replacement laptop sleeves - - - 24,000 - (24,000) Small Equipment (batteries) - - - 150,000 - (150,000) Unappropriated - - - - 56,550 56,550 Total Expenditures 141,388 288,264 105,832 467,800 350,350 (117,450) Beginning Balance 793,624 1,008,473 1,040,437 174,000 - (174,000) Ending Balance $ 1,008,473 $ 1,040,437 $ 1,303,836 $ - $ - $ 28 Roanoke County Public Schools Bus Fund FY 2015-16 29 Actuals 2011-12 Actuals 2012-13 Actuals 2013-14 Budget 2014-15 Budget 2015-16 Increase (Decrease)_ Revenues: Interest Income $ 3,720 $ 2,674 $ 2,067 $ - $ - $ Sale of Machinery & Equipment 29,089 24,264 34,382 Insurance Adjust & Refund - - 12,150 Transfer from Capital Fund 257,375 - - - - - Transfer from General Fund 910,000 325,000 1,225,000 325,000 433,219 108,219 Total Revenues 1,200,184 351,938 1,273,599 325,000 433,219 108,219_ EUenditures: School bus replacements 971,804 741,650 793,374 325,000 433,219 108,219 Support vehicle replacements 113,068 172,531 - - - - Total Expenditures 1,084,872 914,181 793,374 325,000 433,219 108,219 Beginning Balance 1,361,526 1,476,838 914,595 - - - Ending Balance $ 1,476,838 $ 914,595 $ 1,394,820 $ - $ - $ 29 r E 0 1 CL E u -a 0 Ln r4 Ln r -i L6 r 0 T 0 ca 0 0 Ln CL 0 m cr 30 L (U E 0 (u c ,u 0 0 0 w > (U 0 (U (u (U 0 0 mo E c cL (u (u u (u z; r - w (u '0� (u 2 cL o w cL o (u 4� o 'o o o o (u I (U lu (u (U 2 CL 0 0 0 C=� 0 1� C m o m 't m o �4 co oo N C C� C 0 0 o �4 c I m & 6 m m C 't Ll� m �4 co C=� lc� Lr� c C IIL * N 0 N C co N �4 �4 C=) 't m d & m o rr� C m �j lo C 0 C 0 C co to r-�� C=� 't P-� C C M m a, a, ol� cl� P*L oo c t C 0 oo C N c m m (n a, co CPII 0 F-- o o o o 'o 10 0 L6 0 o 10 u 0 Ln o M n 30 L (U E 0 (u c ,u 0 0 0 w > (U 0 (U (u (U 0 0 mo E c cL (u (u u (u z; r - w (u '0� (u 2 cL o w cL o (u 4� o 'o o o o (u I (U lu (u (U 2 CL 0 0 0 0 c 0 �4 0 0 0 �4 �4 �4 co �4 C 0 C 0 C 0 0 0 C 0 �4 0 0 a, 0 a, co CPII 0 F-- 10 0 10 x L6 a 0 0 0 > t u 30 L (U E 0 (u c ,u 0 0 0 w > (U 0 (U (u (U 0 0 mo E c cL (u (u u (u z; r - w (u '0� (u 2 cL o w cL o (u 4� o 'o o o o (u I (U lu (u (U 2 CL ACTION NO. ITEM NO. F. 1 -2 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: April 28, 2015 Requests for public hearing and first reading for rezoning ordinances; consent agenda Philip Thompson Deputy Director of Planning Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The first reading on these ordinances is accomplished by adoption of these ordinances in the manner of consent agenda items. The adoption of these items does not imply approval of the substantive content of the requested zoning actions; rather, approval satisfies the procedural requirements of the County Charter and schedules the required public hearing and second reading of these ordinances. The second reading and public hearing on these ordinances is scheduled for May 26, 20151. The titles of these ordinances are as follows: 1. The petition of PEG Bandwidth to amend a Special Use Permit condition to allow for the addition of a microwave antenna to an existing broadcasting tower in a AG -1S, Agricultural/Rural Low Density, District with Special Use Permit and AV, Agricultural/Village Center, District on approximately 35.85 acres, located at 6334 Franklin Road, Cave Spring Magisterial District. 2. The petition of The Branch Family LLC to obtain a special use permit for equipment sales and rentals in a C -2C, High Intensity Commercial, District, with conditions on an approximately 1.516 acre lot, located near 5130 Peters Creek Road, Catawba Magisterial District. Maps are attached. More detailed information is available in the Clerk's Office. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends as follows: 1. That the Board approve and adopt the first reading of these rezoning ordinances for the purpose of scheduling the second reading and public hearing for May 26, 2015. 2. That this section of the agenda be, and hereby is, approved and concurred in as to each item separately set forth as Item(s) 1- 2, and that the Clerk is 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 action. Page 2 of 2 County of Roanoke Community Development Planning & Zoning 5204 Bemard Drive P 0 Box 29800 Roanoke, VA 24018 (540) 772-2068 FAX (540) 776-7155 For Stiff Use Only Date reecive Rweived I`J7 0 Rezoning 6 Speciat Use DVariance DWaiver El Administrative Appeal 0 Comp Plan (is.2-2232) Review e/addr Phone: 3-71- 6 &AD Work: Application/, Fax No., Owner's namel d *s W�zlp Phone (5XV) 9'9*V - ffO S 6 z wwxx Work: wte V1 a-) 7/ Fax No. 9: A5,;Alo aw- Placards issued: BOid Mag isterial District-. CO t 1�� /�7/Xt,7- ,�40 �WA R1 0 6-5 Case Number a ALLAPPLICANTS Check type of application filed (check all that apply) 0 Rezoning 6 Speciat Use DVariance DWaiver El Administrative Appeal 0 Comp Plan (is.2-2232) Review e/addr Phone: 3-71- 6 &AD Work: Cell #: -7�V - 3-71 —be�O Fax No., Owner's namel d *s W�zlp Phone (5XV) 9'9*V - ffO S 6 z wwxx Work: wte V1 a-) 7/ Fax No. 9: A5,;Alo aw- 4"�) V-//,0&, Proj?�rt�Lqc Mag isterial District-. CO t 1�� /�7/Xt,7- ,�40 �WA R1 0 6-5 pe4t�) Community Planning area: Tax Map No.: r�l Existing Zoning: )&f -i' o-,4 A\/ Size of parcel(s): Acres: Existing Land Use: Co, /-7avS 7 2;. �x & -,2 REZONING, SPECiAL USE PEA441T, WAIVER AND COM -P PLAN (is.2-2232) RLWEW APPLICANTS (R/S/W/CP) Proposed Zoning.-, 14C7 - cx,,A A�,J rYie--cl ConU44 —1 0 r d,� Proposed Land Use:4KV4.10:1� —//Ivcl Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? yes By No E] IF NO,A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? Yes No 0 IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes No_ VARIANCE, WAIVER AND ADMINISTRATIVE APPEAL APPLICANTS Variance/Waiver of Section(s) of the Roanoke County Zoning Or hi N -to: Appeal of Zoning Administrator's decision to /60r '11�1 Appeal of Interpretation of Section(s): of the Roanoke County Zoning Oftfince Appeal of Interpretation of Zoning Map to . U P VM41 Is the application complete? Please check if enclosed. APPLICATION WILL NOT Jrft�CCMEV IV 'ANY HESE 'gp ITEMS ARE MISSING OR INCOMPLETE. Cc, T DVOIOPMQII� Cb P "/W/CP VIAA RIS/W/CP V/ 7� f Consultation 8 1/2" x I I" concept plan Ap �,' n fl i Application Metes and bounds description Pro I tl�j Justification Water and sewer application Adjoining property owners I hereby certify that I arn either the owner �Ll purchaser and am acting with the knowledge and �h ppncr agent org ract consent f the owner. Owner's Signature JUSTIFICATION FOR REZONINGI �SPECIAL.USE P1 REQU Applicant RMIT. WAIVER OR. COMP PLAN (i5.2 -2z32) REVIEW The Plaming Commission will study rezoning, special use permit waiver or community plan (15.2-'2232) review requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request finthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. LU V7-�f A- M /C. ?C& S cv- uT(pAjS (�'/*) L/ i D&YZ (A) —Iff 16-:7- 17,465- C7 - 7W' 166U4, 0 J/ - K' 4 &', 2,557e�5 --cJAZ 7'��e5 01 AP� 00 /?)1,W A 7� '7-7,ze- E 1-?--) evze:w-hir �2b�� �;'X 0 S1J.?'12 -:,A 7Y aa__ cal)'Vl 952V, 01� IS - Please explain how the project confornis to the general guidelines and policies contained in the Roanoke County Comniunity Plan. 4�, �,/ Z- ('J 7 4AA0 A 6- 0: 4 V,14 (� ?A- U Please describe the im.Pac-t-(s-)-- of -the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. 11UC2 01/9NC7� U -WV -7,50 ;QNCEPT PLAN CHECKLIST A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit. Site plan and building pen -nit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations. A concept plan is required with all rezoning, special use permi� waiver, community plan (15.2-223 2) review and variance applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature of the request. The County Planning Division staff may exempt some of the items or suggest the addition of extra items, but the fbljowing_�Sidered minimum: AL APPLICANTS a. Applicant name and name of development ""z b. Date, scale and north arrow c. Lot size in acres or square feet and dimensions d. Location, names of owners and Roanoke County tax map numbers of adjoining properties e. Physical features such as ground cover, natural watercourses, floodplain, etc. f. The zoning and land use of all adjacent properties g. All property lines and easements h. All buildings, existing and proposed, and dimensions, floor area and heights i. Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development j . Dimensions and locations of all driveways, parking spaces and loading spaces Additional information requiredfor REZONING and SPECIAL USE PERMIT APPLICANTS k. Existing utilities (water, sewer, storm drains) and connections at the 1. Any driveways, entrances/exits, curb openings and crossovers 4 in. Topography map in a suitable scale and contour intervals n, Approximate street grades and site distances at intersections o� Locations of all adjacent fire hydrants — p. Any proffered conditions at the site and how they are addressed — q. If project is to be phased, please show phase schedule reqVired c ist above are complete. �7 2- Sigifattrre of applicant Date Community Development Planning & Zoning Division NoTICE To APPLICANTS FOR REzONING, SUBDIVISION WAIVER9 PUBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION PLANNING CommissioN APPLICAMN AcCEPTANCE PROCEDURE The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver or Special Use Permit petition if new or additional information is presented at the public hearing. If it is the opinion of the ma ority of the Planning Commissioners present at the scheduled public hearing that sufficient time was not available for planning staff and/or an outside referral agency to adequately evaluate and provide written comments and suggestions on the new or additional information prior to the scheduled public hearing then the Planning Commission may vote to continue the petition. This continuance shall allow sufficient time for all necessary reviewing parties to evaluate theriew or additional information and provide written comments and suggestions to be included in a written memorandum by planning staff to the Planning Commission. The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL oF NEED FOR TRAFFic ANALYSES AND/OR TRAFFIC IMPACT STUDY The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver, or Special Use Permit petition if the County Traffic Engineer or staff from the Virginia Department of Transportation requests finther traffic analyses and/or a traffic impact study that would be beneficial in making a land use decision (Note: a list of potential land uses and situations that would necessitate firther study is provided as part of this application package). This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the required traffic analyses and/or traffic impact study and to provide written comments and/or suggestions to the planning staff and the Planning Commission. If a continuance is warranted, the applicant will be notified of the continuance and the newly scheduled public hearing date. myeet've dahr. APrd f .9, 2095 PC6 Aa/jDUjrPv0<—'� le"i -7 -6 " A t 6 Date -) I 0 z T c U) < c E3 c LLI 0 �-1 we LLI Lu- 0ow at 0 �(L m co z kAm L - k7 r -mi Unofficial Property Record Card - Roanoke County, Virginia General Property Data Parcel ID 1107.00-02-119,00�1)000 Prior Parcel ID — Property Owner WRAY MICHAEL A Mailing Address 5650 YELLOW MOUNTAIN RD City ROANOKE Mailing State VA Zip 24014 Account Number 45581 Property Location 6332 FRANKLIN RD Property Use TWRITRNMTR Most Recent Sale Date 2124/1997 Legal Reference DBOO15341250 Grantor GARBER CARROLL SUE Sale Price 65,000 Jurisdiction-ZoningCode- Multiple Zonings Land Area 35.85 - AC Description Current Property Assessment Card I Value Building Value 0 Xtra. Features 0 Land Value 124,700 Total Value 124,700 Value Total Parcel Building Value 0 Xtra Features 60,400 Land Value 124,700 Total Value 205,100 Value Value Building Style NIA # of Living Units N/A Year Built NIA Style/Story Height N/A Insulation NIA Finished Area (SF) NIA Building Description Foundation Type NIA Frame Type NIA Roof Structure N/A Roof Cover NIA Primary Ext. Siding N/A Interior Walls N/A Flooring Type NIA Basement Floor N/A Heating Type NIA Heating Fuel N/A Air Conditioning 0% # of Bsmt Garages 0 Number Rooms 0 # of Bedrooms 0 # of Full Baths 0 of 3/4 Baths 0 # of 112 Baths 0 # of Other Fixtures 0 Legal Description BACK CREEK Narrative Description of Property This property contains 35.85 - AC of land mainly classified as TWR/TRNMTR with a(n) NIA style building, built about NIA, having NIA exterior and NIA roof cover, with N/A unit(s), 0 room(s), 0 bedroom(s), 0 bath s , 0 half bath(s). Property Images M10 VE 01� 01 M, E F"N M I go, h, ONE -M� 'E'W" Disclaimer This information is believed to be correct but is subject to change and is not warranteed, , .1 r "\ '—.' "! rrrru ""'6C57 T -ower C"? 57 IN I ry Ct 657- U-S.G-5. MAP "GARDEJ-4 CTTY" 780 C t m E-0 ��,N 16 L CIETY1120a 9 ,9 Y -- sock 4,47Ar- S,� 62 6451 10 1,,/z. !k.s rl 1-1 —7 6449 ?LkA =DES tv CL :n. 22 - Loc Ac D) 24 LZ7,;.c tUJ 4Q1 .02 Z5 Z 26,1 6.357 ra 2�6 �-34.1 54 37.8 9 AC OF PLA-'��G DEPART;. .�M ZONING —7 7 5.�CAc 36.56 Ac(D) Z1.57 AcC) 7 6460 Red Hill BIP1111 645* AG -3 aburcA 3.7 4 Ac - 500 5A 6456 1.57 6440 100 454 R o ad 4.91 PC (C) Ga I 14 6.347 10 0.1 6,34') 64�— 1. r, 4,0 7-31 . AC (D) 13 37 1-13Ac 5.11 Ac �C 6A�' . 4 56.5.3 8.99 Ac 3.50 Ac A&- 6465 6 Z* 64 7.31 Ac &567 60� A(r -1 p,, & -3 7 &. 0 9 A C 5�,Zl A MICHAEL PRUDEN FOR CFW WIRELESS SPECIAL USE PERMIT 207.00-2-19. 6705 .36 A4 3.94 AC (0) 6510 3-26 Ae �c ro 7 -fl 1.7 ].�ahco Ct AC 'D.27.6cC bb'. �u) o, 3.5 78 7.82 Ac 40 jj .42 �-34.1 54 37.8 9 AC OF PLA-'��G DEPART;. .�M ZONING —7 7 5.�CAc 36.56 Ac(D) Z1.57 AcC) 7 6460 Red Hill BIP1111 645* AG -3 aburcA 3.7 4 Ac - 500 5A 6456 1.57 6440 100 454 R o ad 4.91 PC (C) Ga I 14 6.347 10 0.1 6,34') 64�— 1. r, 4,0 7-31 . AC (D) 13 37 1-13Ac 5.11 Ac �C 6A�' . 4 56.5.3 8.99 Ac 3.50 Ac A&- 6465 6 Z* 64 7.31 Ac &567 60� A(r -1 p,, & -3 7 &. 0 9 A C 5�,Zl A MICHAEL PRUDEN FOR CFW WIRELESS SPECIAL USE PERMIT 207.00-2-19. 6705 Lu 1 2 c U R<<<<<<<<v 3 i i i Ong .X RIH 'N 0)(0 :t (0 -Z' to, �08 ui 0 m C 0 (D 0 co L ZO 0 U) c LO n2 HUM-, OZ Ws hA ZE Cn P5 I M-0 -M --a M Mh- - I gH o 0. u ! p IN C 'N CM Hz -� zE HE H, z -- — ------ — pq z �,y a z E J2 oo H., op 10 z C\j ol C: U) U) r4 iJ P4 RO -Z HERE kl. / 7, P4 Map Updatod Veri fied I IBY: Sir Dat;t1=1111_7 Drift, AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 23, 1997 ORDINANCE 0923il-i GRANTING A SPECIAL USE PERMIT TO MICHAEL PRUDEN FOR CFW WIRELESS TO CONSTRUCT A COMMUNICATIONS TOWER AT 6332 FRANKLIN ROAD (TAX MAP NO. 107.00-2-19), CAVE SPRING MAGISTE- RIAL DISTRICT WHEREAS, Michael Pruden for CFW Wireless has filed a petition to construct a communications tower located at 6332 Franklin Road (Tax Map No. 107.00-2-19) in the Cave Spring Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on August 5, 1997; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on July 22, 1997; the second reading and public hearing on this matter was held on August 19, 1997, and this matter was continued to September 23, 1997. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as-,, 9 1 �? That the Board fihds 'that the granting of a special use permit to Michael Pruden 7ior CFW Wireless to construct a communications tower located at.,6332 Franklin Road (Tax Map No. 107.00-2-19) in the Cave Spring Magisterial District is siibstantially in accord with the adopted 1985 'Comp�t�r"ehensive Plan pursuant to the provisions of S 15.1-456 of the 15 '5" 0 Code of Virginia, as amended, I W4 and said Special Use Permit is hereby -approved with the following conditions: 1. The height of the tower structure, excluding any antenna ttached to the structure, shall not be more than 152 feet. ry-) o microwave or other dish type antenna shall be allowed on (Nhe tower. This structure shall be constructed to accomodate � structure capable of being increased to 195 feet; however, the tower structure shall not be increased to 195 feet unless the increase is required to accomodate co -location of equipment for any increase shall be subject permit application. another vendor/provider, and to an additional special use 2. The tower structure and all attached support hardware shall be painted a flat matted color so as to better blend into the landscape and reduce visibility and light reflection. 3. Nolighting shall be installed on the tower structure or equipment building except for security lighting not to exceed a height of 25 feet in height. 4. This tower shall be structurally designed to carry sufficient loading and the site developed to accommodate the additional buildings necessary to accommodate co - locating of communications equipment of at least one other vendor/provider in order to minimize the proliferation of towers in the vicinity of this site. In addition, by executing the special use permit reqi;ested, the applicant agrees to make the tower available for lease within the structural capacity of the tower and at reasonable costs adequate to recover the capital, operating and maintenance costs of the tower location required for the additional capacity. 5. If the use of the tower structure for wireless communications is discontinued, the tower structure shall be dismantled and removed from the site within 30 days of notice by the County and the special use permit shall become void. 6. Any damage to the existing road, resulting from the construction or operation of the tower, shall be repaired at the expense of the petitioner. 7. Public emergency communications equipment shall be accommodated at no expense to the County. 8. The applicant shall install a locked gate at the entrance to the private right-of-way. 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 Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Minnix to adopt the ordinance with revised conditions, and carried by the following recorded vote: AYES: Supervisors Eddy, Vinnix, Harrison, Johnson NAYS: None ABSENT : Supervisor Nickens A COPY TESTE: Mary H. Allen, CMC Clerk to the Board cc: File Arnold Ccvey, Engineering and Inspection Terry Harrington, Planning and Zoning John Birckhead, Real Estate Assessments Paul M. Mahoney, County Attorney 6334 FRANKLIN POA0, aOONES MILL, AUJOINING PROPERTY OWNERS MICHAEL A & MARSHA D WRAY 098.04-01-25.00-0000 5650 YELLOW MOUNTAIN RD, ROANOKE, VA 24014 JANICE K BEHELER 107-00-01-06.00-0000 6472 CROWELL GAP RD ROANOKE, VA 24014 BILLY FRANKLIN GIBSON, JANETTE ANN KINGERLY 107.00-01-07.00-0000 6460 CROWELL GAP RD ROANOKE, VA 24014 SCOTTIE T PRICE 107.00-01-08.00-0000 6456 CROWELL RD, ROANOKE, VA 24014 MARK V CHILDRESS 107.00-01-09,00-0000 6422 CROWELL GAP RD ROANOKE, VA 24014 BRENDA CARTER 2203 INGE CIRCLE SALEM, VA 24153 CHERYL BROOKS 11118 FORREST EDGE RD RESTON, VA 22090 KDCM LLC 107-00-02-21.00-0000 6364 FRANKLIN RD BOONES MILL, VA 24065 DCKM LLC 6327 RED HILL RD BOONES MILL, VA 24065 DAVID & SHARON VANDYNE 6356 RED HILL RD BOONES MILL, VA 24065 JERRIS TURMAN 6357 RED HILL RD BOONES MILL VA 24065 107.00-02-20.00-0000 107-00-02-22.00-0000 107.00-02-24,00-0000 6334 FRANKLIN ROAC), BOONES MILL, ADJOINING PROPERTY OWNERS REBECCA KNAPP PO BOX 358 BOONES MILL, VA 24065 ROGER & NANCY FLOWERS ROUTE 2, BOX 117 GOODVIEW, VA 24095 LEWIS SMITH JR 6224 FRANKLIN RD, BOONES MILL, VA 24065 EDITH KING 6221 SHADY ACRES RD, ROANOKE, VA 24014 JOE HELM & SONS INC 3775 BANDY RD, SE ROANOKE, VA 24014 RED HILL BAPTIST CHURCJ CO: GLEN ADAMS 6251 FRANKLIN RD, ROANOKE, VA 24014 CARROL SUE GARBER PO BOX 1172 HARRISONBURG, VA 22801 i,4A ME mmml� I..;m Im "Ni 0 0 i,4A ME mmml� I..;m Im 0 0 > 0 0 0 0 0 _0 0 0 C13 0 > < 0) z Z 0 U) Z;l Lo 0 00 C4 c 7 (U 0 U) co LLJ IL = CL 0 co LL E U) ij) c S� c 0 L m E 0 E < E o U) 0 "t z 0 N Z 00. co N 0) CL LO .0 C) CO) (Y) (U 2 0 0 co CL 2 CL 2 (U 2 m C) co CL < x LU 0- 0- < 04 IM Oro < r T- 0 0 0 0 0 z U) C: 0) N ?0: to 0 00 C'4 C: c C? U) ma 0 C) co aj 0 2 m C13 LLJ CL = CL U) m �5 > o - L LL E 0 z E 0 0 N U) D E =; < N -Fu < < < U) 0 (Y) N Z CL 00. U) �5 . o C) w co 0) U) 0 CL U) 0 CL m m -E 0 C) co CL 2 2 2 N < x LLJ IL IL < V-2-- lls()05\� Cniint-v of Roanoke For Staff Use Only Community Development Planning & Zoning 9 Date r=ive& IDS Received by: �Z: Applicat fee PC/8Z datc: 5204 Bernard Drive — -7, no datei P 0 Box 29800 Plac,ards iSgUed: Roanoke, VA 24018-0798 0 442/ (1 (540) 772-2068 FAX (540) 776-7155 Case Number -7 . .: .. ... � . . : . . - .. - �; . 4 ALL APPLICANTS Check type of application filed (check all that apply) D Rezoning IN Special Use [I Variance 0 Waiver El Ad min istrative Appeat 0 Conip Plan (1s.2-2232) Review Ag,licants name/address w/A Phone: 540-7-14-1208 Branch Family L.LC., Attn�711rn Branch, Work: 540-774-1208 4552 Franklin Road, Roanoke, VA 24018 Coll #: Fax No.: 540-774-1359 owner's na.me/addre&s w/zip Phone The Branch Family L.L.C., Attn. Tom Branch, Work: 4552 Franklin Road, Roanoke, VA 24018 Fax No. 9: Property Location Magisterial District: Catawba Peters Creek Read Community Planning area: Peters Creek/Ho 11 ins Tax Map No.: 037.08-01-06-04-0000 County-C2C/Hlgh Intensity Commercial District Existing Zoning� with Conditions Size of parcel(s): Acres: 1.516 ac Existing Land Use: Vacant - some vehicle parking R FZ0VNqt- USE PE RMIT, WAIVER ANb- COMP PLAN (IS.Z-Z232) REVIEW AifttCANTS (iRiSmIc?) Proposed Zoning: C2S High Intensity Commercial District with Special Use Proposed Land Use. Outdoor storage for adjacent equipment and tool rental business Does the parcel meet the niinimum lot area, width, and frontage requirements of the requested distrirt? Yes 0 No Li IF NO, A VARIANCE IS REQUIRED FIRST, Does the parcel meet the, minimum criteria for the requested Use Type? Yes R No El IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes D No 0 VARIANCE, WAIVER AND- ADNINIVTRATI�V,APPEAL APPLICANPS (VIWIAA) VariaDoc/Waiver of Section(s) of the Roanoke County Zoning Ordinance in ord=jg.,— ,e<l Appeal of Zoning Administrator's decision to Appeal of interpretation of Section(s): of the Roanoke County Zoning Ordinatic ff- Appeal of interpretation of Zoning Map to is the application complete? Please check if enclosed. APPLICATTO - N - WILL NOT BE ACCFP4—A IF ANY OF TUESE ITE ARE MISSING OR INCOMPLETE. 107 MAR - 9 2015 R/S/W/CP V/AA R1SfW/CP VIAA R/Siw/CP V/AA con-imunifty DeV�IOPW)t onsultafi.n V�' 8 1/2 " x I V concept plan App n fee Metes and bounds description Pro e plivable fe i ovne.'s J Application Water and sewer application '! i _J Justification Nr A- Adjoini omiers J I hereby certify that I am either the owner of the property or the owrier's:�g�entntract purchaser and am acting Nwit S( f the owner, Owner's Signature 2 JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN (15.2-2�32) REVIEW REQUESTS Applicant The Branch Family L.L.C. The Planning Commission will study rezoning, special use permit waiver or community plan (15.2-2232) review requests to determine the need and justification for the change in terms of public heafth, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance, See attached. Please explain how the project conforms to the general guidelitieg and policies contained in the Roanoke County Commu Plan. As indicated in the Peters CreeklHollins Community Plan, the Property is currently �ocated in a C2 district, which shatl remain a Core use under the Commurity Plan for future land use. Arcordingly, use of the Property is, and will continue to be, appropriate, pursuant to the terms of the Community Plan. ..... .. ... .... . .. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue, There should be minimal impact on the adjoining properties. There are no permanent structures on the Property and the use will not have any impact on public services, schools. parks and rec., and fire and rescue. Road use will not be impacted as access to the Property will only be by parties also accessing the Adjacent Parcel. As indicated, the existing storm water management easement will remain intact and unaffected by the use of the Property. 91 Continuation of Page 3 Pg. 3 — I " block — Please explain how the requestfurthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classffication in the Zoning Ordinance. The Property as described in this Application, and for which the Special Use Permit is requested (the "Property"), is currently zoned C -2C and is located in the center of a group of parcels all zoned C-2 High Intensity Commercial District, with the specific zoning designations of the these parcels being C2, C2S or C2C. A general purpose of the Roanoke County Zoning Ordinance is to encourage economic development activities and the purpose of the C-2 zoning district is to provide for a variety of commercial and service related activities, both of which are consistent with the proposed use of the Property, which is located off of Peters Creek Road, a major arterial thoroughfare. (See attached Metes and Bounds Description.) Tax parcel 37.08-01-06,03, located immediately adjacent and to the west of the Property, is also owned by the owner of the Property (the "Owner"), The adjacent parcel (the "Adjacent Parcel") is zoned C2S, and used for "Equipment Sales and Rental", which is an allowed Special Use under C-2, and which is also the planned Special Use for the Property. It is the intent of the Owner to lease Property to Sunbelt Rentals, a North Carolina corporation, which is a nationwide equipment and tool rental company, specializing in construction equipment rentals, and which already leases the Adjacent Parcel. Pursuant to the Roanoke County Zoning Ordinance, "Equipment Sales and Rental" includes establishments primarily engaged in the sale or rental of tools, trucks, tractors, construction equipment, agricultural implements and similar industrial equipment and the rental of mobile .homes. Included in this use is the incidental storage, maintenance, and servicing of such equipment. The proposed combined use for the Property and the Adjacent Parcel is for equipment and tool rental, display, repair, maintenance, warehousing, inside and outdoor storage of equipment and tools generally used in construction, in industry and by con sumets/h omeo wriers, which would include trailers and heavy machinery, above -ground storage tanks for oil, gasoline and other petroleum products and waste materials, office use, uses accessory thereto and any other lawful use, with the Property being used only for allowed outdoor uses. There are no permanent structures on the Property which will be used for the outdoor "incidental storage, maintenance and servicing of equipment". Only a 0.6799 acre (29,615 sq. ft.) portion of the Property will initially be used for that purpose, as a large portion of the Property is currently included in, and subject to, an existing storm water management easement. The Property Owner would also agree that any portion of the Property specifically used for incidental storage, maintenance and servicing of equipment which is adjacent to the property of Big Lick Development Corporation will continue to have a Chigh wooden privacy fence along the southern and southwestern boundaries, as consistent with the fencing currently located on the Property, as shown on the Concept Plan. JUSTIFICATION FOR. VARIANCE REQUEST Applicant The 8ranch FamPy L.L.C. The of Zoning Appeals is required by Section 15.2-2309of the Code of Virginia to consider the fo H owing factors before a variance can be granted. Please read the factors listed below carefully and in your own words, describe how thPTeqUeStM0etS each factor. If additional space is needed, use additional sheets of paper, 1, The variance shall not be contrary to the public interest and shall be in harmony with the intended spirit mid purpose of the Zoning Ordinance, 2, The strict application of the zoning ordinance would produce undue hardship; a hardship that approaches confisoation (as distinguished from a special privilege or convenience) and would prohibit or unreasonably restrict the use of the property, 1'rhe hardship is not shared by other properties in the same zoning district or vicinity. Such hardships should be addressed by the Board or Supervisors as amendments to the Zoning Ordinance. 4. The variance will not be of a substantial dottirnent to the adjacent properties or the character of the district, JUSTIFWA I TIONFOR ADMINISTRATIVE APPEAL REQUEST Applicant The l3sanch Farn1lvU,C. Please respond to tho following as thoroughly as possible. if additional space is needed, use additional sheets of paper. 1, Reasons for appeal: 2. Eviknce supporting claim: CONCEPT PLAN CHECKLIST A concept plan of the proposed project must be submitted with the application, The concept plan shall graphically depict the land use change, development or variance that is to be considered, Further, the plan shall address any potential land use or design issues arising from the request, In such cases involving rezonings, the applicantmay proffer conditions to limitthe future use and dovelopmentof theproperty and by so doing, correctany deficiencies thatmay not bemanageable by County permitting regulations, The concept plan should not be confused with the site plan or plot plan that is requited priorto the issuance of a building permit. Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations. A concept plan is required with all rezoning, special use permit, waiver, community plan (15.2-2232) review and variance applications. The plan shoold be prepared by a professional site planner, The level ofJetail may vary, depending on the nature ofthe request, The County Planning Division staff may exempt some ofthe items or suggest the addition ofextra items, but the following are considered mininnum: ALL APPLICANTS X a. Applicant name and name of development X b. Date, scale and north arrow X c, Lot size in acres or square Feet and dimensions X d� Location, names of owners and Roanoke County tax map numbers of adjoining properties X c. physical features such as ground cover, natural watercourses, floodplain, etc. X f The zoning and land use of all adjacent properties _�L- g. All property lines arid casements MA L All buildings, existing and proposed, and dimensions, floor area and heights X L Location, widths and names ofall existing or platted streets or other public ways within or adjacent to the development X j, Dimensions and locations of all driveways, parking spaces and loading spaces Additional informadonrequiredfor REZONING andSPECiAL USE PERMIT APPLICANTS X k, Rxisting utilities (water, sewer, storm drains) and connections at the site X 1. Any driveways, entrances/exits, curb openings and crossovers in. Topography map in a suitable scale and contour intervals ri. Approximate street grades and site distances at intersections o, Locations of all adjacent fire hydrants _2L_ p. Any proffered conditions at the site and how they are addressed — q. IF project is to be phased, please show phase schedule I certify that all items required in the checklist above are complete, — 17 4nl Date Community Development 0 Planning & Zoning Division POTENTIAL oF NERD FOR TRAFFic ANALYSIS AND/oR TPLAFFIC IMPACT STUDY The following is a list of potentially high traffic -generating land uses and road network situations that could elicit a more detailed analysis of the existing and proposed traffic pertinent to your rezoning, subdivision waiver, public street waiver, or special use permit request. If your request involves one of the items on the ensuing list, we recommend that you meet with a County planner, the County traffic engineer, and/or Virginia Department of Transportation staff to discuss the potential additional traffic related information that may need to be submitted with the application In order to expedite your application process. (Note th& list is not inclusive and the County staff and VDOT reserve the riqht to request a ttafflic study at any time, as deemed necessary.) High Traffic -Generating Land Uses: Single-family residential subdivisions, Multi -family residential units, or Apartments with more than 75 dwelling units Restaurant (with or without drive-through windows) Gas station/Convenience store/Car wash Retail shop/Shopping center Offices (including: financial Institutions, general, medical, etc.) Regional public facilities Educatlonal/Recreational facilities Religious assemblies Hotel/Motel Golf course Hospital/Nursing home/Clinic Industrial site/Factory Day care center Bank Non-specific use requests Road Network Situations: • Development adjacent to/with access onto/within 500 -ft of intersection of a roadway classified as an arterial road (e,g., Rite 11, 24, 115, 117, 460, 11/460, 220, 221, 419, etc) • For new phases or changes to a development where a previously submitted traffic study Is more than two (2) years old and/or roadway conditions have changed significantly When required to evaluate access issues Development with ingress/egress on roads planned or scheduled for expansion, widening, improvements, etc. (i.e. on Long Range Transportation Plan, Six -Yr Road Plan, etc.) Development in an area where there is a known existing traffic and/or safety problem Development would potentially negatively Impact existing/planned traffic signal(s) Substantial departure from the Community Plan Any site that is expected to generate over one hundred (100) trips during the peak hour of the traffic generator or the peak hour on the adjacent streets, or over seven hundred fifty (750) trips in an average day Effective rfate., April 19, 2005 OA Community Development Planning & Zoning Division NOTICE To APPLICANTS FOR REzONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL USE, PERMIT PETITION PLANNING Commmlo-N APPLICAMN ACCEPTANCE PROCEDURE The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver or Special Use Permit petition if new or additional information is presented at the public hearing. If it is the opinion of the majority of the Planning Commissioners present at the scheduled public hearing that sufficient time was not available for planning staff and/or an outside referral agency to adequately evaluate and provide written comments and suggestions on the new or additional information prior to the scheduled public hearing then the Planning Commission may vote to continue the petition. This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the new or additional information and provide written comments and suggestions to be included in a written memorandum by planning staff to the Planning Commission. The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/oR TRAFFIC IMPACT STUDY The Roanoke County Planning Commission reserves the right to continue a Rfzoning, Subdivision Waiver, Public Street Waiver, or Special Use Permit petition if the County Traffic Engineer or staff from the Virginia Department of Transportation requests further traffic analyses and/or a traffic impact study that would be beneficial in making a land use decision (Note: a list of potential land uses and situations that would necessitatefurther study is provided as part of this application package)� This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the required traffic analyses and/ortraffic impact study and to providewritten comments and/or suggestions to the planning staff and the, Planning Commission. if a continuance is warranted, the applicant will be notified of the continuance and the newly scheduled public hearing date. Effective date: April 19, 2005 t' rikq Name of Petition -"Itionor's 19nature Date Concept PI pip V New Wp Vol, 9 " '-� (�1797365-1, 100411-00009-01) A Ads can IQ it; — ,Lf . oil sill 12 11110 1 is IV ng (�1797365-1, 100411-00009-01) !z 71- PU 7 7 got . "Wa A Ads can IQ it; — . WI sill 12 11110 !z 71- PU 7 7 got . "Wa Ads can IQ it; — Metes and Bounds Descrii)tion Tract 2A- I containing 1.5162 acres as more particularly shown on Plat of Sui Vey prepared by Caldwell White Associates, Engineers/S-Lirveyors/Planners, dated December 11, 2014, and recorded on January 23, 2015 as Instrument No, 201500422 in the Clerk's Office of the Circuit Court for Roanoke County, Virginia. Less and Except that certain tract or parcel of real estate containing 0,3756 acre, more or less, as shown on the aforementioned plat, which parcel is bounded by corners 2, 16, 17, 18, 19, 20, 21 � and 3, as shown on said plat, which parcel was conveyed to Big Lick Development Corporation by deed from The Branch Family L.L.C., a Virginia limited liability company, dated February 4, 2015, of record in the Clerk's Office aforesaid as Tnstrument No. 201500814, Both of the above described parcels being a part of the same property conveyed to The Branch Family L.L.C., a Virginia limited liability company, by deed from Billy H. Branch and Michael M. Branch, dated February 5, 1999, recorded in the Clerk's Office aforesaid in Deed Book 1610, page 1188. [91796873-1, 100411-06009-01) Property Owner: The Branch Family L.L.C, 4552 Franklin Road Roanoke, VA 24018 Request: C2S High Intensity Commercial District with Special Use Tax Map 037,08-01-06-04.0000 The following are proffered conditions f or the Special Use Perrnit. Lro ered Conditions: ff� Permitted uses on-site shall be limited to C2S — High Intensity Commercial District with a Special Use for Equipment and Sales Rental, 2. The portion of the Property specifically used for incidental storage, maintenance and servicing of equipi-nent which is adjacent to the property of Big Lick Development Corporation wil I continue to have a 6' high wooden privacy fence along the southern and southwestern boundaries, as consistent with the fencing currently located on the property, as shown on the Concept Plan, Print: The Branch Family L.L.C. Date'. March 6.,2015 Ij st of Adj oining Property Owners Roanoke CgRnty Tax ID Name of Owners Street Address 037.08-01-06.03-0000 The Branch Family LUG 5130 Peters Creek Road, Roanoke, VA 24019 037,08-01-07,00-0000 Charles E, Cullen 5297 Alexander Drive, Roanoke, VA 24019 037,08-01-06M-0000 PCK Properties, LLC 5180 Peters Creek Road, Roanoke, VA 24019 03T08-01-06.05-0000 PCK Properties, LLC 5180 Peters, Creek Road, Roanoke, VA 24019 037.08-Ot-06.02-0000 Big Lick Development Corporation 5160 Peters Creek Road, Roanoke, VA 24019 RoanokLCity Tax ID 6600113 24019 fel797365-1, 100411-00009-01) Name of Owners Street Address Nancy W. Cross 0 Peters Creek Road, Roanoke, VA Aiialytics Online L 1worm i Print Date: 01129/2015 Image Date: 12/14/2012 Level:Community Page I of I littp://picolsvr.roanokeeountyva.gov/... 1/29/2015 Eo Rs 4M ZO V LLj L"i —2 EL �cZpgsj s 3 Q PIZ, N9, iRli - --------------- -- -- ------------ — ------ ------------- ---- -- L -J 12 Rl R -40 AFI L44 lop, ;-4 ;-4 4T� -C., u !�4 (1) -C., 12 <lz 7:� ;-4 z z z -INno P4 C) z z z ---------- 7:� ;-4 CL 2 0 16 cL o co 2 '3-- < oo�o GI z -INno z z CL 2 0 16 cL o co 2 '3-- < oo�o GI -INno <lz 7:� �z z -INno z z 0 7:� GI z -INno z 0 GI U) -INno U) 0 CL 2 co c .0 i6 CL 0 < 2 LO 0 N (1) 7� !�4 4T� !�4 (1) 4T� —C., u !�4 (1) —C., i--� GI -INno z z z z CIL 7:� z z CL 0 co o IL < 0 -Lo I I NOD E 0 Ll ACTION NO. ITEM NO. G-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 28, 2015 AGENDA ITEM: Ordinance accepting and appropriating funds and approving a Comprehensive Agreement with HHHunt for the design and construction of the Murray Run Stream Restoration Project under the Public -Private Education Facilities and Infrastructure Act (PPEA) of 2002 SUBMITTED BY: APPROVED BY: Tarek Moneir Deputy Director of Development Services Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: On September 9, 2014, HHHunt submitted an unsolicited proposal for the Murray Run Stream Restoration Project. The project consists of restoring approximately 1,460 linear feet of Murray Run by cutting back steep channel slopes, lowering overbank elevations, placing natural (stone, wood, vegetation) erosion control devices and providing rock control structures in the stream. This PPEA proposal is unique in that the proposal is to partner with Roanoke County to address an environmental problem with the assistance of a grant from the Commonwealth of Virginia. Grant funding is available from the Virginia Stormwater Local Assistance Fund (SLAF), administered by the Department of Environmental Quality (DEQ), to construct Best Management Practices (BMPs) to assist localities in addressing their water quality issues. The projects must be for the purpose of lowering stream pollutants, must be administered through a locality and has a fifty percent (50%) local match. In this instance, the local match will be provided by the private partner. A condition of this grant program is that any BMP constructed under this grant program must be maintained by the locality in perpetuity. Failure to maintain the BMP could result in DEQ requiring the County to repay the State the grant funding. Page 1 of 3 The County policy of PPEA requires: a. Roanoke County must advertise the project for competing proposals-, b. Roanoke County staff must review the proposal/s prior and recommend the appropriate Comprehensive Agreement for the project-, c. The Comprehensive Agreement is made available to the public for at least 30 days-, d. The Board of Supervisor must hold a public hearing prior to the final approval-, and, e. Roanoke County executes the agreement and appropriates the fund to complete the project. On September23, 2014, staff advertised forcompeting proposals as required bythe PPEA legislation and HHHunt submitted the required review fee. No other competing proposals were received by the advertised deadline of December 16, 2014. County staff then negotiated a Comprehensive Agreement, which is being submitted to the Board for its review and approval. The Comprehensive Agreement was made available for public review prior to the Board considering it for approval. Notice of the availability of the Comprehensive Agreement for public review was published on April 12, 2015. A public hearing notice is scheduled for May 12, 2015 prior to the Board final action for Roanoke County to enter into this Comprehensive Agreement. FISCAL IMPACT: There is no obligation made on the part of the County to fund any cost for the project. HHHunt has submitted a $5,000 proposal fee to the County. These funds are being used to defray any County costs for reviewing the proposal and negotiating this tentative Comprehensive Agreement. Funds for construction will come from HHHunt and Virginia Department of Environmental Quality (DEQ) grant fund (already approved for Roanoke County). The estimated project cost is $557,900 with $278,950 provided under the DEQ grant and the $278,950 local match provided by HHHunt as part of its unsolicited PPEA proposal. HHHunt will be responsible forthe design of the project, for obtaining all permits, providing information to the County to satisfy DEQ grant reporting requirements, construction work, and, repair of any damage that occurs in the warranty period. At the conclusion of the warranty period, HHHunt will continue general maintenance responsibilities as the property owner. County staff, using existing resources, will oversee and inspect the project to ensure that it meets DEQ's grant requirements and administer the grant. Upon project completion, the County will inspect the project annually and provide periodic maintenance, which may include minor grading and spot stabilization. Page 2 of 3 ALTERNATIVES: 1) Approve the first reading of the ordinance accepting and appropriating funds and approving a Comprehensive Agreement with HHHunt for the design and construction of the Murray Run Stream Restoration Project under the Public -Private Education Facilities and Infrastructure Act (PPEA) of 2002 2) Do not approve this ordinance STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors approve the first reading of the attached ordinance (Alternative 1). 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, APRIL 28, 2015 ORDINANCE ACCEPTING AND APPROPRIATING FUNDS IN THE AMOUNT OF $278,950 AND APPROVING A COMPREHENSVIE AGREEMENT WITH HHHUNT FOR THE DESIGN AND CONSTRUCTION OF THE MURRAY RUN STREAM RESTORATION PROJECT UNDER THE PUBLIC-PRIVATE EDUCATION FACILITIES AND INFRASTRUCTURE ACT (PPEA) OF 2002 WHEREAS, on September 9, 2014, Roanoke County received an unsolicited proposal under the Virginia Public -Private Education Facilities and Infrastructure Act ("PPEA") for the stream restoration of Murray Run (the "Project"); and WHEREAS, this Project will be designed and constructed to restore approximately 1,460 linear feet of Murray Run, a perennial tributary of the Roanoke River located in southwestern Roanoke County, to stabilize the existing eroded stream and to reduce nutrient and sediment loading to the watershed in accordance with the County's application for a Stormwater Local Assistance Grant from the Department of Environmental Quality-, and WHEREAS, on September 23, 2014, the Board adopted resolution R-092314-1 accepting for review this proposal and announcing that it would simultaneously consider competing proposals-, however, no other proposals were received-, and WHEREAS, on January 27, 2015, the Board adopted a Resolution authorizing the development and submittal of a detailed design phase proposal for this Project-, and WHEREAS, the County accepted the unsolicited proposal for consideration, and after exhaustive review, determined in writing that proceeding with the procurement that was the subject of the proposal using competitive negotiation procedures was advantageous to the County and the public based upon probable scope, complexity, Page 1 of 3 urgency of the Project, risk sharing and added value, and/or economic benefit from the Project; and WHEREAS, the County determined that the project is a qualifying project that serves the public purpose of the PPEA and is in the public interest to pursue" and WHEREAS, the County has received a preliminary commitment of $278,950 pursuant to the Department of Environmental Quality Stormwater Local Assistance Fund grant program-, and WHEREAS, that based upon HHHunt's proposal, estimated price and presentation, the County has selected HHHunt for entry into a comprehensive agreement for the Project, and the County and HHHunt wish to enter into this Comprehensive Agreement for the Project-, and WHEREAS, the first reading of this ordinance was held on April 28, 2015, and the second reading and public hearing was held on May 12, 2015. NOW THEREFORE, BE IT ORDAINED, By the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Comprehensive Agreement between Roanoke County and HHHunt Roanoke, LLC is hereby approved. 2. That HHHunt will pay to the County the matching funds for the Stormwater Local Assistance Fund grant, and the County will use said matching grant funds to pay for completed work on the Project. The County accepts and appropriates the matching grant funds in the amount of $278,950 from HHHunt for this Project. Page 2 of 3 3. That the County Administrator, or Assistant County Administrator, is authorized to execute the Comprehensive Agreement and such other documents and take such actions on behalf of Roanoke County as are necessary to accomplish the purposes of this Project, all of which shall be upon form approved by the County Attorney. The form of the Comprehensive Agreement presented to the Board is hereby approved with such completions, omissions, insertions and changes as the County Administrator may approve, whose approval shall be evidenced conclusively by the execution and delivery thereof, all of which shall be approved as to form by the County Attorney. 4. That this Ordinance shall be effective from and after its adoption. 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 SEPTEMBER 23, 2014 RESOLUTION 092314-1 ACCEPTING FOR PUBLICATION AND CONCEPTUAL PHASE CONSIDERATION THE UNSOLICITED PROPOSAL FROM HHHUNT FOR THE DESIGN AND CONSTRUCTION OF THE MURRAY RUN STREAM RESTORATION PROJECT UNDER THE PUBLIC-PRIVATE EDUCATION FACILITIES AND INFRASTRUCTURE ACT OF 2002 WHEREAS, the Public -Private Education Facilities and Infrastructure Act of 2002 (PPEA) allows the Roanoke County Board of Supervisors to create a public-private partnership to develop projects for public use-, and WHEREAS, by Resolution 051303-4 the Board of Supervisors of Roanoke County adopted procedures for the implementation of the PPEA by Roanoke County-, and WHEREAS, HHHunt has submitted an unsolicited proposal under the provisions of the PPEA for the Murray Run Stream Restoration Project-, and WHEREAS, the Interim County Administrator has reviewed this unsolicited proposal and has recommended to the Board of Supervisors this unsolicited proposal be formally accepted for review. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That there is a public need for the restoration of Murray Run to address an environmental problem and to improve the water quality of this stream. 2. That it chooses to accept the HHHunt unsolicited proposal for publication and conceptual phase consideration. Page 1 of 3 3. That it will proceed to use procedures developed that are consistent with procurement of other than professional services through "competitive negotiation", since doing so is likely to be advantageous to the County and the public based upon either (i) the probable scope, complexity or urgency of need, or (ii) the risk sharing, added value, increase in funding or economic benefit from the project would otherwise not be available. The scope and complexity of the development of a stream restoration project requires an innovative approach, such as competitive negotiation, to the design and construction of a new facility. 4. That the County Administrator, or an Assistant County Administrator, is directed to post and publish the required notice thus allowing an opportunity for competing preliminary proposals to be submitted. Due to the complexity of the proposed project and the County's desire to encourage competition, the notice shall state that competing proposals must be submitted on or prior to November 14, 2014, to be considered, rather than the minimum of forty-five (45) days allowed by the Commonwealth of Virginia's Public Private Educational Facilities and Infrastructure Act. The County Administrator is also authorized and directed to take such other actions as may be necessary to implement this resolution. Page 2 of 3 On motion of Supervisor Moore to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None A GrQPY TESTE: Deborah C. Jacks Deputy Clerk to the Toard of Supervisors cc: Richard L. Caywood, Assistant County Administrator Paul M. Mahoney, County Attorney Page 3 of 3 On page 3 R5GL Revisions 3.24.15 COMPREHENSIVE AGREEMENT Between The County of Roanoke, Virginia And HHHunt Corporation (d/b/a HHHunt) FOR THE DESIGN AND CONSTRUCTION OF THE MURRAY RUN STREAM RESTORATION PROJECT Date: May- 2015 Pagel of25 20684/l/7047081vl EXHIBITS A — Land L pages) B — Scope of Work L pages) C — Project Schedule (_ pages) D — Items and Prices Summary L pages) E — Draw Schedule (1 page) F Payment Application (1 page) G Vendor's Certification (1 page) H Application for Stormwater Local Assistance Fund Grant I Department of Environmental Quality Typical Stormwater Local Assistance Fund Grant Agreement (Unexecuted) J Access Agreement between the County of Roanoke and HHHunt Page 2 of 25 20684/l/7047081vl This COMPREHENSIVE AGREEMENT ("Agreement") is dated and effective as of this _ day of May, 2015 (the "Effective Date" and/or "Contract Date"), by and between: COUNTY OF ROANOKE, VIRGINIA ("County"), and HHHunt Corporation d1b1a HHHunt, a Virginia Corporation (the "Private Entity") with a principal place of business at 1401 Sunday Drive, Suite 109, Raleigh, North Carolina 27607. RECITALS R-1. In April 2003, the County adopted procedures to implement the Virginia Public -Private Education Facilities and Infrastructure Act of 2002 ("PPEA"), Va. Code 56-575.1, et secl. R-2. The County subsequently received an unsolicited proposal for the Project pursuant to the PPEA. R-3. The County advertised for competing proposals. No other proposals were received. R-4. The County accepted the unsolicited proposal for consideration. The County determined in writing that proceeding with the procurement that was the subject of the proposal using competitive negotiation procedures was likely to be advantageous to the County and the public based upon probable scope, complexity, or urgency of the Project, risk sharing and added value, and/or economic benefit from the Project. R-5. The County has received a preliminary commitment of $278, 950 pursuant to the Virginia Department of Environmental Quality Stormwater Local Assistance Fund grant program. R-6 The County determined that the Project is a qualifying project that serves the public purpose of the PPEA and is in the public interest to pursue. R-7. That based upon the Private Entity's proposal, estimated price and presentation, County has selected Private Entity for entry into a comprehensive agreement for the Project, and the County and Private Entity now wish to enter into this Agreement for the Project. NOW, THEREFORE, for and in consideration of the premises and mutual covenants hereinafter contained, and subject to the conditions herein set forth, the parties hereby covenant, agree, and bind themselves as follows: ARTICLE I DEFINITIONS Unless the context otherwise specifies or requires, the following definitions apply to this Agreement: 1.1. Architect - En-gineer ("A-E") means Private Entity's design professional Persons responsible for the architectural, engineering, and other consulting services for the Project, including, without limitation, its planning, design, and implementation. Private Entity has proposed its A-E for the Project in its proposals to the County, and Private Entity shall use this A-E for the Project unless the County approves otherwise in writing. 1.2. Change means any addition to, deletion from, or modification of the Project or the Services that is made in accordance with the provisions of this Agreement. A Change may be made by a written Change Order if County and Private Entity agree as to adjustments to the CCL or GMP, as applicable, and schedule, or unilaterally by the County by a written Change Directive, with any adjustments to the CCL or GMP, as applicable, and schedule, to be determined subsequently pursuant to Article XVII of this Agreement. 1.3. Chan_qe Directive means a written order by the County, specifically identified as a "Change Directive", directing a Change, which the Private Entity shall follow. 1.4. Chan-ge Order means a Change made by a written agreement in which the County and Private Entity have indicated agreement as to the Change and adjustments to price and/or schedule due to the Change and have evidenced their agreement by executing the written agreement. 1.5. Codes and Standards means all local, state and federal regulations, ordinances, codes, laws, or requirements applicable to the P roj e ct. 1.6. Contract Cost Limit ("CCL") means the initial limit established at the time of execution of this Agreement on total amounts payable to the Private Entity under this Agreement absent a Change pursuant to this Agreement. 1.7. Contract Documents means the following listed in their order of precedence: (a) Any written modifications to this Comprehensive Agreement made in accordance with this Comprehensive Agreement-, (b) This Comprehensive Agreement, including all exhibits thereto-, (c) Any written Change Orders made in accordance with this Agreement-, (d) Any written Change Directives issued in accordance with this Agreement-, Page 3 of 25 20684/l/7047081vl (e) The Construction Documents, which are the final Plans and Specifications that are approved by the County, Architect - Engineer, and Private Entity-, (f) Plans and Specifications that are approved by the County, Arch itect-Eng ineer, and Private Entity-, (g) Documents incorporated by reference in this Agreement-, (h) Private Entity's detailed design proposal dated September 8, 2014, which is incorporated herein by reference. 1.8. Contractor or Prime Construction Contractor. Contractor or Prime Construction Contractor means the entity to which the Private Entity subcontracts the construction portion of the Work of its responsibilities under this Agreement. Private Entity has proposed its Construction Contractor for the Project in its proposals to the County, and Private Entity shall use Construction Contractor for the Project unless the County approves otherwise in writing. 1.9. Day means a calendar day, and "days" mean calendar days, unless the contrary is expressly indicated. 1.10. Defect, Defective, or Deficient is an adjective or noun which when modifying or referring to the word Work refers to Work or any part thereof that is unsatisfactory, faulty, or does not conform to the Contract Documents, or does not meet the requirements of any inspections, standards, tests or approvals referred to in the Contract Documents. 1.11. Draw Schedule means the schedule attached hereto as Exhibit E to be used as a basis for payment of the Fixed Fees component of payments to Private Entity, setting forth the anticipated completion date of the various components of the Project and the value assigned to those different components. 1.12. Fixed Fees mean the amounts payable to the Private Entity as specified in Section 5.4 for the Services. 1.13. Final Completion of Work, Final Completion or final completion means completion in conformance with this Agreement, the Construction Documents, and other Contract Documents of all of the Work required by this Agreement, including without limitation, punch list items so that the Project will be properly completed and result in a fully functional and properly operating P roj e ct. 1.14. Guaranteed Maximum Price ("GMP") means the amount established as the maximum amount payable to the Private Entity absent a Change. 1.15. Land means the real property described in Exhibit A hereto, including improvements thereon owned and managed by HHHunt. 1.16. County means COUNTY OF ROANOKE, VIRGINIA. 1.17. CountV's Representative means that person designated by the County in writing to perform the functions of County's Representative specified in this Agreement. 1.18. Person or person means any individual, partnership, joint venture, association, joint-stock company, corporation, limited liability company, trust, unincorporated organization, government or any agency or political subdivision thereof, or any other legal entity. 1.19. Plans and Specifications mean the surveys, plans and specifications that Private Entity causes to be prepared for the Project that are approved by the County, A-E, and Private Entity. 1.20. Private Entity means HHHunt. 1.21. Promect or promect means the complete and proper design and construction of the restoration of 1,460 linear feet of Murray Run, a perennial tributary of the Roanoke River, located in southwestern Roanoke County. The Project begins at the southern property line with Green Valley Elementary School and extends to a previously stabilized section of Murray Run just upstream of the Ogden Road crossing. The primary goal and objective of this Project is to stabilize the existing eroded stream to prevent and/or reduce nutrient and sediment loading to the watershed through the use of native materials and natural channel design practices designed in accordance with the application for Stormwater Local Assistance Fund Grant attached as Exhibit H, and constructed as called for in the Contract Documents, to be designed and constructed by Private Entity on the Land in accordance with the Construction Documents and the terms of this Agreement, and any related upgrades and/or modifications ordered by Change, Change Order, or Change Directives. The design and construction of the project must provide the minimum annual phosphorus and sediment removal values contained in the Application for Stormwater Local Assistance Fund Grant as approved and determined by the Department of Environmental Quality. 1.22. Promect Schedule means the schedule for design and construction of the Project, which, in its initial version, is set forth in Exhibit C attached hereto. 1.23. Punch List Items means a list of items of Work to be completed and deficiencies to be corrected, identified by the County's Representative or A-E, that do not affect the attainment of Substantial Completion. If the County's Representative and A-E do not agree as to an item or items, any such items not agreed upon shall be considered a punch list item until a contrary determination is made pursuant to Article XVII of this Agreement. Such items must be complete before Final Completion can take place. Page 4 of 25 20684/l/7047081vl 1.24. Requisition means an application for payment in the form attached as Exhibit F. 1.25. Scope of Work or Work means all the work, services, and materials for the Project required by this Agreement to be provided by Private Entity, and that may be required to result in a fully functional and properly operating Project, and all of which shall be provided by Private Entity within the GMP, which is set forth in Exhibit B attached hereto, except as may be modified by any Change. 1.26. Services means all pre -construction and development services and all architectural and engineering design, procurement and construction services related to the Project furnished by Private Entity, including, without limitation, all labor, services, materials and facilities, and all other things that are required to provide for the development of the site and the design, construction and equipping of the Project so that such Project is properly completed. Services are a part of the Work. 1.27. Stormwater Local Assistance Fund Grant Agreernen means the agreement between Roanoke County and the Virginia Department of Environmental Quality that sets Project requirements that must be met to receive a fifty percent (50%) matching grant that is paid to local governments for the planning, design, and implementation of stormwater best management practices that address cost efficiency and commitments related to reducing water quality pollutant loads. 1.28. Subcontractor means the entity with which Private Entity enters into an agreement to perform Services under this Agreement. 1.29. Substantial Completion means the date determined by inspection by the County's Representative, Private Entity, A-E, and if applicable, the Virginia Department of Environmental Quality, that construction of the Project is so sufficiently complete in accordance with the Construction Documents that it may be utilized and can be used for all of its intended uses. 1.30. Unusually Severe Weather means weather that impacts major Work activities on the critical path of the Project and deviates significantly from that which could be reasonably expected due to the time of year or as compared to standard averages for the area as compiled through the NOAA or other authorized local sources. ARTICLE 11 GENERAL DESCRIPTION, TERM OF AGREEMENT, AND PRIVATE ENTITY'S STATUS AS INDEPENDENT CONTRACTOR 2.1. General Description. Under this Agreement, Private Entity will be providing to the County, site design and development services, A-E design services, permitting services, and construction services for the Project, so the result will be that the County will have a restored section of Murray Run in full accordance with the Contract Documents. Private Entity will be providing these services as a design -builder. The satisfactory completion of design and permitting services are a prerequisite for the County securing grant funding from the Department of Environmental Quality. Private Entity will be compensated subject to the terms of this Agreement but will be responsible for ensuring that the total cost of the Project to County does not exceed the Contract Cost Limit ("CCL") established by this Agreement. Private Entity will be responsible for completing the Project so that payments by County will not exceed the CCL, except as may be adjusted by this Agreement, even if the costs to Private Entity to do so exceed the CCL. Because this is a design -build project, except as provided in Section 4.2.a, County makes no warranty to Private Entity, express or implied, regarding any design for the Project. Rather Private Entity agrees that all design and design services shall conform to that standard of care ordinarily exercised by architects and engineers engaged in performance of similar services for similar projects in the Commonwealth of Virginia. Requirements for the Work (including Services) in this Agreement shall be subject to this standard of care. All work shall be performed in accordance with all Department of Environmental Quality requirements pursuant to the Stormwater Local Assistance Fund Grant agreement. 2.2. Term Of Agreement. This Agreement begins on the Effective Date indicated at the beginning of the Agreement and continues until its termination pursuant to Article XVIII, any other provision of this Agreement, or by law or until all obligations under this Agreement have been properly and fully performed. 2.3. Independent Contractor. For all purposes hereunder, Private Entity is an independent contractor and shall not be deemed an agent, employee or partner of the County. 2.4. Subcontractors. a. Private Entity may subcontract any portion of the Services to be performed hereunder, but Private Entity shall not thereby be relieved of any of its obligations set forth herein. Private Entity may subcontract the construction Work to a contractor ("Contractor" or "Prime Construction Contractor"). Private Entity shall use the Prime Construction Contractor proposed in its proposals unless the County, in its sole discretion, approves otherwise in writing. Private Entity shall furnish to the County's Representative for its information not later than ten (10) days before the date scheduled for issuance of the notice to proceed with construction, a list of all Persons being considered to be subcontractors to the Prime Construction Contractor. The County's Representative shall, within five (5) days of receipt of this list, notify Private Entity in writing if it has any reasonable objection to any such subcontractor. A failure to notify Private Entity within this five-day period shall not waive the right of the County's Representative to later object to Page 5 of 25 20684/l/7047081vl any proposed subcontractor for cause. The receipt of such list shall not require the County's Representative to investigate the qualifications of any listed subcontractor. Any changes to Subcontractors required by the County or the County's Representative after the GMP is accepted shall constitute a Change. b. Prior to performing any Work on the Project, the Contractor and Subcontractors shall provide copies of their current licenses to the County's Representative. Private Entity shall ensure that all such Subcontractors shall be properly licensed and authorized to do business in Virginia, shall have the proper insurance coverage, and shall comply with all state, federal, and local laws, including obtaining any necessary County or City business license. The Private Entity shall comply with Title 54.1, Chapter 11, of the Code of Virginia, with respect to licensure of itself and all Subcontractors employed to work on the Project. The Private Entity represents that it has verified that all Subcontractors hold all required state and local licenses, including State Contractor's license and County business license. The Private Entity will verify that any additional Subcontractors employed to work on the Project, subject to initial verification, hold all required state and local licenses, including State Contractor's license and County business license. Private Entity is required to submit the Contractor's Certification as to Licensure of Subcontractors Form to the County. This constitutes a material part of the Private Entity's Agreement with the County. c. Subcontractors shall not be changed without the written approval of the County's Representative. Approval by the County's Representative shall not be unreasonably withheld. d. Private Entity further agrees that it is as fully responsible to the County for the acts and omissions of its subcontractors, suppliers, and invitees on the jobsite and of persons either directly or indirectly employed by them, as the Private Entity is for the acts and omissions of Persons directly employed by it. ARTICLE III THE WORK 3.1. Wo rk/S peci fi cations. a. The Private Entity shall furnish all necessary personnel, material, equipment, services, and facilities (except as otherwise specified) to fully and properly perform the Project in a good and workmanlike manner in accordance with the Contract Documents and within the Project Schedule, time being of the essence for this Project. b. The County shall have the right to add to the Scope of Work to be performed under this Agreement, including, without limitation, Work to be performed at the Project, and Private Entity agrees to perform such Work, subject to issuance of a Change Directive and/or a Change Order for such Work. Private Entity agrees to promptly meet and confer with the County regarding added Scope of Work proposed by County. c. The County requires that the Private Entity perform a complete and satisfactory job in accordance with the Contract Documents. d. All Work not specifically described in the Contract Documents, yet required to produce a fully functional and properly operating project shall be provided even though every item or minor detail for the proper installation or successful operation of the entire Work is not mentioned in the Contract Documents. e. The Private Entity acknowledges and agrees that it has taken into account in its proposal the requirements of the Contract Documents, local conditions, availability of material, equipment, labor, and any other factors which may affect the performance of the Work. The Private Entity agrees and warrants that it will properly and fully complete the Work not later than the time period or date indicated for completion. 3.2. Conditions Affecting The Work. a. The Private Entity is responsible for having taken steps reasonably necessary to ascertain the nature and location of the Work, and the general and local conditions that can affect the Work or its costs, including, but not limited to available parking and staging areas and existing building materials and components. Any failure by the Private Entity to reasonably ascertain the conditions affecting the Work does not relieve the Private Entity from responsibility for successfully performing the Work without additional expense to the County. Each party assumes no responsibility for any representations concerning conditions made by any of its officers, employees or agents before execution of this Agreement unless such representations are expressly stated in the Agreement. b. The Private Entity shall perform all work in accordance with the Application for Stormwater Local Assistance Fund Grant conditions contained in the Stormwater Local Assistance Fund Grant Agreement, and natural stream practices recognized by the Department of Environmental Quality. 3.3. Interpretation of Contract Documents. a. The Contract Documents are intended to be complementary and to be interpreted in harmony to avoid conflict if this can reasonably be accomplished. b. The following rules regarding correlation and intent of the Contract Documents are first to be employed in the event of any inconsistency, conflict, or ambiguity: (1) Anything mentioned in the Specifications and not shown on the Plans, or shown on the Plans and not mentioned in the Specifications, is of like effect as if shown or mentioned in both- (2) In case of conflicts between Plans and Specifications, the Specifications will govern-, (3) In case of a difference between sm�ll and large—scale drawings, the large—scale drawings will govern-, (4) Schedules on any contract drawing take precedence over conflicting information on that or any other contract drawing-, (5) On any of the drawings in which a portion of the Work is detailed or drawn out and the remainder is shown in outline, the parts detailed or drawn out will apply also to all other like portions of the Work. c. If, despite application of the rules in 3.3b, an inconsistency, conflict, or ambiguity still exists between or among the Contract Documents that cannot be reasonably harmonized, then precedence shall be given to the Contract Documents in the order in which they are enumerated in paragraph 1.6. of this Agreement. Page 6 of 25 20684/l/7047081vl ARTICLE IV PROJECT DEVELOPMENT 4.1. Design and Construction. The Private Entity shall be responsible for the professional quality, technical accuracy and the coordination of all surveys, designs, drawings, plans, specifications, environmental permit applications and other services and/or materials furnished by the Private Entity under this Agreement. However, the responsibility of the Private Entity does not relieve those providing such services and/or materials from being responsible for such items. 4.2. Drawings and Specifications. Based upon the Scope of Work and/or requirements approved by the County in writing and included herein, the Private Entity shall prepare the complete contract working Plans and Specifications. All design submissions for this Project shall be made in both paper drawing/document form and AutoCAD electronic file form compatible with County's CAD system. The minimum scale for drawings shall be 1 inch = 20 feet. Design submissions shall be made as outlined below. The County review and/or approval period shall be in accordance with the Project Schedule Milestones (see Exhibit C), but not less than ten (10) days for each of the following submissions. In addition, the County shall submit each design submittal to the Department of Environmental Quality for its review and approval. a. Desi_qn Submission: Private Entity will provide the County with the surveys and designs to County for approval. b. Permit Application and Submission: Following receipt of County's approval of the Design submission, the Private Entity shall prepare all Permit Application submissions including updated drawings and specifications. Private Entity shall submit these permit applications submissions to the County for review and approval in accordance with the Project Schedule shown in Exhibit C. The County review period will be in accordance with the Project Schedule shown in Exhibit C c. Construction Documents Submission: Following receipt of County's approval and the various Federal, Commonwealth and County approvals and award of permits, the Private Entity shall prepare Construction Documents submission. Private Entity shall submit the Documents submission to the County for review and approval in accordance with the Project Schedule shown in Exhibit C. The County review period will be in accordance with the Project Schedule shown in Exhibit C. 4.3. Construction. Upon receipt of all Federal, Commonwealth of Virginia, and local environmental permits, upon receipt by County of an executed grant agreement with the Department of Environmental Quality, and with County's prior agreement in writing, and subject to imposition by County of reasonable conditions to assure a satisfactory Guaranteed Maximum Price (GMP) for the Project, construction may be allowed to commence in accordance with the Project Schedule. 4.4. Scheduled Submittals. Upon receipt of a scheduled submittal by Private Entity for the County's review and approval, the County shall provide its approval, conditional approval or a single consolidated list of exceptions within the period of time specified, provided, however that the County shall have not less than ten work (10) days to review and act upon any initial submission. If a submittal is not specified, in this Agreement, the period for review shall not exceed ten (10) work days. Acceptance of a particular scheduled submittal(s) shall be deemed made by the County if the County's Representative has not delivered a consolidated list of exceptions prior to the expiration of the applicable period for review. Upon receipt of any "conditional" approval, work shall proceed on the approved portions of the Work and a resubmittal of the conditional Work will be submitted, or not submitted, as directed. Upon receipt of a consolidated list of exceptions from the County's Representative regarding any submittal, the Private Entity shall change or correct, and redeliver the submittal to the County's Representative within the period of time specified in the Schedule Milestones, or within ten work (10) days if not specified. The County's Representative shall then provide the Private Entity its approval or single consolidated list of exceptions within five work (5) days. . All exceptions taken at any time must be relative only to the requirements set forth in this Agreement and identify the area of non-compliance. Approvals may also be required from the Department of Environmental Quality. The County, or if requested by the County, the Private Entity, shall submit necessary submittals to the Department of Environmental Quality. County approvals shall be subject to approvals from the Department of Environmental Quality. Department of Environmental Quality review times are anticipated to be two weeks or less, but cannot be guaranteed by the County. ARTICLE V PRICES AND FUNDING 5.1. Prices. The Private Entity must provide all Work called for under this Agreement, including furnishing all surveys, designs, permits, material, services, labor and equipment to perform the Services for the CCL as indicated in Exhibit D. 5.2 Funding a. Funding for this project is being provided by a Stormwater Local Assistance Grant from the Department of Environmental Quality to the County, and by money paid to the County by the Private Entity. No other funding shall be provided by the County, unless the County directs a Change to the Scope of Work that is not necessary to comply with the Stormwater Local Assistance Grant requirements. b. Absent a Change, the Private Entity is responsible to accomplish all of the Work within the available funding. Page 7 of 25 20684/l/7047081vl c. In the event that the Work is not completed, to the satisfaction of the Department of Environmental Quality, for any reason-, the Private Entity shall be responsible to reimburse the County for any disbursed grant funding that must be repaid by the County. 5.3 Contract Cost Limit ("CCL") a. A Contract Cost Limit (CCL) has been agreed to by the parties, the amount of which is stated in Exhibit D. The CCL is the maximum amount payable to Private Entity and is a cap on Private Entity's compensation, which is the sum of Fixed Fees (see 5.4) payable to complete the Scope of Work. As the design is refined, a Guaranteed Maximum Price (GMP) will be established that may be less, but not more, than the CCL unless County's Representative directs a Change to the Scope of Work. b. The Private Entity shall develop Design Development documents in accordance with Article IV in order to arrive at a Guaranteed Maximum Price that shall be less than or equal to the CCL. The Private Entity shall submit to County's Representative, estimates of the GMP at the completion of the Design Submission, Permit Application and Submission and Construction Documents Submission. 5.4 Fixed Fees The County shall pay the Private Entity Fixed Fees, which consist of the architecture and engineering fees, permitting fees, and construction fees stated in Exhibit D. The Fixed Fees include all compensation payable by County to Private Entity. The Private Entity shall provide detailed break -down of all fixed fees, as required by the County, to allow the County to evaluate the reasonableness of the fixed fees. 5.5 Guaranteed Maximum Price. a. A Guaranteed Maximum Price (GMP) shall be established by the parties for the Project at the time of approval of the Construction Document submission and prior to commencement of construction. The GMP is the maximum sum that the County shall pay to the Private Entity in total for this Project, except as otherwise provided in this Comprehensive Agreement. It includes all the Fixed Fees as defined in section 5.4 that will be payable to Private Entity. b. All proposed revisions or changes to the approved Plans and Specifications must be submitted to the County's Representative for review and approval for conformance with the approved Construction Documents plans and specifications, regardless of whether or not they affect the GMP. County's Representative's review and approval shall not be unreasonably conditioned. c. Private Entity shall ensure that the GMP amount is not exceeded, but if such amount is exceeded, Private Entity shall be solely responsible for any such excess amount. d. No payment shall be made to Private Entity in excess of the GMP except as adjusted for any Changes, requested by the County, made in accordance with this Agreement. The Private Entity shall be wholly responsible to complete the Project at no compensation above the GMP as adjusted for any Changes made in accordance with this Agreement. 5.6 Change In Fees Relating To Services For Modification of Design. For Changes to the Work requested by the County in writing after County's approval of the Plans and Specifications, if such changes add to the Scope of Work, the Private Entity shall, upon the written request of the County's Representative, make the necessary design drawing and specification revisions-, prepare and issue requests for proposal describing the modifications-, prepare estimates, drawings and specifications as required-, evaluate proposals and make recommendations to the County's Representative. The amounts payable by County for Change under this paragraph will be negotiated. ARTICLE VI (Intentionally Omitted) ARTICLE VII AS BUILT DRAWINGS 7.1. Record "As Built" Drawings. a. The Private Entity shall, during the progress of the Work, keep a master set of prints on the job site (Record or also referred to as "As -Built" drawings) on which is kept a complete, careful and neat record of all deviations from the Construction Documents made during the course of the Work. b. The Private Entity shall provide the County with one, complete, reproducible set of the Construction Documents incorporating the revisions and changes made during construction up to acceptance of the Project. These updated Plans and Specifications shall reflect all changes to the Construction Documents to indicate the "As -Built" conditions, including revisions in site and building area tabulations. These Plans and specifications must be certified as to their correctness by the signature of the Private Entity and A-E and used in preparing a permanent set of "As -Built" drawings. c. In addition to reproducible submissions, the Private Entity must submit a CADD system electronic file for these "As Built" documents prepared with a CADD system compatible with the County's AutoCAD system. d. The County reserves the right to review "As -Built" documents at any time during the Project. e. The Private Entity shall forward all "As -Built" drawings, specifications and photographs to the County's Representative not later than thirty (30) days after Project completion. f. Any part of the costs associated with the preparation and completion of the "As -Built" drawings will not be paid to Private Entity by County until the As -Built drawings are provided to and approved by the County's Representative. ARTICLE Vill WARRANTY Page 8 of 25 20684/l/7047081vl 8.1. Warranties. The Private Entity warrants that all the Work furnished as part of the Services is in substantial accordance with the requirements of the Contract Documents, free from any defect or inferior materials or equipment, and is of such quality workmanship as to meet the applicable standard of care in Virginia for the type of Work performed, for a period of one Vear after the date of Substantial Completion of the Work as defined by Exhibit B, and, unless otherwise agreed by the County in writing, in County's sole discretion, all materials are new. All warranties are subject to the reasonable approval of the County. Private Entity will also use its best efforts, to include provisions in the subcontracts, that such warranties do not contain any limitation on liability, any reduction of the applicable statute of limitations, any indemnity requirements from the County, any venue or forum selection clause other than the County of Roanoke, Virginia, or any requirement for mediation or arbitration. 8.2. Repairs. If, within the applicable warranty period, the County or County's Representative finds that warranted Work needs to be repaired or changed for any reason, the Private Entity shall promptly, and without additional expense to the County: a Place in a repaired and stable condition consistent with the Stormwater Local Assistance Fund Grant Agreement-, b. Correct all damage to the site that is the result of unsatisfactory Work in a manner satisfactory to the County and the Department of Environmental Quality-, and c. Correct any Work or materials, disturbed in fulfilling the warranty-, and -d- Should the Private Entity fail to proceed promptly in accordance with the warranty, the County may, after written notice to the Private Entity and thirty (30) day period to cure, have the Work performed by others at the Private Entity's expense and Private Entity agrees to promptly pay the County for all such costs. 8.3 Post Construction Inspection Near the end of the one-year warranty period, the Private Entity shall provide an inspection, and shall provide such documentation, as may be required by the Department of Environmental Quality, to demonstrate that the project is achieving the required phosphorus and sediment discharge reduction. If necessary, the Private Entity shall perform work, as required to satisfy the Department of Environmental Quality. 8.4 Non -Waiver. County, by accepting any warranties or guarantees under this Agreement, does not waive any legal right or remedy that County otherwise may have for breach of this Agreement and/or for breach of any such warranties or guarantees. ARTICLE IX INSURANCE, BONDS AND RISK 9.1 Bonds/Security. Private Entityshall provide paymentand performance letter of credit, for 100% of the amount of the Departmentof Environmental Quality grant. The letter of credit shall be provided when the Private Entity has been given a notice to proceed with construction at the site. The letter of credit, shall make the County obligee and shall be in a form acceptable to County. The letter of credit shall be approved by the County's Representative in writing, and shall be from an institution authorized to do business in the Commonwealth of Virginia. The letter of credit shall be payable to the County in the event that disbursed grant funds must be repaid by the County to the Department of Environmental Quality, due to the project not being satisfactorily completed for any reason. 9.2 Insurance.' a. During the term of this Agreement, the Private Entity and its subcontractors must maintain the insurance required by this Section 9.2, the Private Entity can include such subcontractors under the Private Entity coverage, and/or the subcontractors can include Private Entity under their coverage. The Private Entity is fully responsible to verify the insurance coverage of any subcontractors, and the Private Entity proof of coverage documentation must specifically so state that there exists no exclusion for Private Entity subcontractors. Insurance companies providing such insurance shall be licensed in Virginia and shall be rated at least AVII I or higher by A.M. Best. Policies shall include all terms and provisions normally included in a policy of the type specified. The County, its officers, employees, agents and representatives shall be included as an additional insured on the liability policies, not including professional liability for the A-E and Worker's Compensation/Employers Liability Coverage. b. Neither the Private Entity nor any subcontractor shall commence Work for this Project until the Private Entity has provided proof of insurance as required under this Section and such insurance has been approved by the County. The following minimum insurance requirements apply: Workers' Compensation and Employers' Liability. The Contractor shall obtain and maintain the following limits: Workers' Compensation: Statutory Employers' Liability: $100,000 bodily injury by accident each occurrence $500,000 bodily injury by disease (policy limit) $100,000 bodily injury by disease each employee Commercial General Liability. Coverage is to be written on an "occurrence" basis, $5,000,000 minimum limit, and such coverage shall include at a minimum: Note: HHHunt and A-E are comfortable with the insurance requirements. Page 9 of 25 20684/l/7047081vl Prod ucts/Completed Operations Personal Injury and Advertising Injury Bodily Injury Delete X, C, U exclusions Rigger's Liability stating 'on hook' coverage Automobile Liability: Limits for vehicles owned, non -owned or hired shall not be less than: $5,000,000 Bodily Injury and Property Damage combined single limit Umbrella Coverage: Required limits may be achieved by combining underlying primary coverage with umbrella liability coverage to apply in excess of general and automobile liability policies, including rigger's liability coverage. Private Entity may fulfill this recluirement under Section 9.2.b by providing umbrella coverage in the amount of Five Million Dollars by Prime Construction Contractor. c. The required certificates of insurance shall be on an Accord form, or similar form, and shall contain substantially the following statement: "The insurance covered by this certificate shall not be canceled except after a thirty (30) day advance written notice has been received by the County of Roanoke." If changes to Accord Certificate form, which are made at County's request, require endorsement of any policy, then any additional premiums for such endorsement(s) shall be a Reimbursable Cost. d. The Private Entity and its subcontractors must furnish a certificate of insurance or, if required by the County's Representative, true copies of liability policies and manually countersigned endorsements of any changes required by this Agreement. Insurance must be effective, and evidence of acceptable insurance furnished by Private Entity to County, before beginning performance under this Agreement. Evidence of renewal must be furnished not later than five days before a policy expires. e. The maintenance of insurance coverage as required by this Section 9.2 is a continuing obligation, and the lapse or termination of insurance coverage without replacement coverage being obtained will be grounds for termination for default. f. Private Entity shall be responsible for filing and settling of all claims and liaison with insurance adjusters. g. Neither the Private Entity nor any subcontractor shall commence Work under this Agreement until the Private Entity has obtained and provided proof of the required insurance under this section to the County. The Private Entity shall confirm that all subcontractors have provided the Private Entity with proof of insurance. Private Entity further warrants that proof of coverage as provided to the County responds on a primary basis in the event of an uninsured or underinsured subcontractor. All such insurance shall be primary and non-contributory to any insurance or self-insurance the County may have in force. h. The required certificates of insurance shall name the County of Roanoke, its officers, agents, volunteers, and employees as additional insureds except with regard to the professional liability, workers' compensation and employers' liability coverages. All coverages, except Worker's Compensation and professional liability insurance, shall contain a waiver of subrogation in favor of the County. Additional insured and waiver endorsements shall be received by Roanoke Risk Management from the insurer within thirty (30) days of the beginning of this contract. . i. Special Hazards - In the event special hazards required by the Contract Documents, the Private Entity shall obtain and maintain during the life of the Agreement a rider to the policy or policies required, in an amount not less than that stipulated under the above paragraphs. Should any unexpected special hazards be encountered during the performance of this Agreement, the Private Entity shall, prior to performing any Work involving the special hazard, immediately obtain this insurance as instructed by the County. In the event the special hazard requiring the additional coverage was not a part of the GMP, the expense of such insurance shall be reimbursed to the Private Entity by the County, otherwise the Private Entity shall assume full responsibility for the purchase with no charge back to the County. j. Limit of Liability - Nothing contained in these insurance requirements is to be construed as limiting the liability of Private Entity. County does not in any way represent that the coverages or the limits of insurance specified is sufficient or adequate to protect Private Entity's interests or liabilities, but are merely minimums. The obligation of the Private Entity to purchase insurance herein shall not in any way limit the obligation of the Private Entity in any event and/or in the event that the County should suffer an injury or loss in excess of the amount recoverable through insurance. 9.3 Errors and Omissions. a. The A-E shall maintain Professional Liability insurance in the amount of $ 1,000,000 per cla irn. 2 b. Unless the Private Entity's policy is prepaid, non -cancelable, and issued for a period at least equal to the term of this Agreement on an occurrence basis, the Private Entity shall have the policy amended to include substantially the following provision: "It is a condition of this policy that the company shall endeavor to furnish written notice to the County thirty (30) days in advance of the effective date of cancellation of this policy." c. The Private Entity shall furnish a certificate of insurance or, if required by the County's Representative, true copies of liability policies and manually countersigned endorsements of any changes. Insurance must be effective, and evidence of acceptable insurance furnished by Private Entity to County, before beginning performance under this Agreement. Evidence of renewal shall be furnished not later than five days before a policy expires. 9.4 Indemnification. 2 The professional liability amount is acceptable. Page 10 of 25 20684/l/7047081vl a. The Private Entity shall hold harmless, defend and indemnify the County and its officers, Board and Board members, agents, representatives, and employees from all claims, losses, damage, actions, causes of action, expenses, and/or liability, including any related and reasonable attorney fees, accountant fees, expert witness fees, consultant fees, court costs, per them expenses, traveling and transportation expenses, or other such related costs resulting from (i) any personal injury or property damage of any type claimed, including any alleged wrongful death claim, received or sustained by any person, persons or property attributable to any Work performed under or related to this Agreement, to the extent such damages result from any negligent acts or omissions of the Private Entity, any Subcontractor, or any employee, agent, or representative of the Private Entity or any Subcontractor or anyone performing Work for the Project through them, or (ii) any failure of the Project to comply with any applicable governmental laws, ordinances, rules and regulations to the extent resulting from the negligent act or omission of the Private Entity or any of its Subcontractors, and/or arising in any way out of or resulting from this Agreement or any of the Work provided thereunder. b. To the extent permitted by applicable law, the County shall hold harmless, defend and indemnify the Private Entity and its officers, directors, agents, representatives, and employees from all claims, losses, damage, actions, causes of action, expenses, and/or liability, including any related reasonable attorney's fees, accountant fees, expert witness fees, consultant fees, court costs, per them expenses, traveling and transportation, expenses, or other such related costs resulting from (i) any personal injury or property damage of any type claimed, including any alleged wrongful death claim, received or sustained by any person, persons or property or omissions of the County, any contractor of the County, or any employee, agent, or representative of the County, or (ii) any failure of the Project to comply with the applicable governmental laws, ordinances, rules and regulations to the extent resulting from the negligent act or omission of the County or any contractors of the County, and/or arising in any way out of or resulting from the Agreement or any of the Work provided there under. 9.5 Bankruptcy. In the event the Private Entity enters into proceedings relating to bankruptcy, whether voluntary or involuntary, the Private Entity shall immediately notify County's Representative. The notification shall be sent to ensure its receipt within five (5) days of the initiation of the bankruptcy proceedings. The notification shall include the date on which the bankruptcy petition was filed, the court in which the petition was filed, and a list of Project contracts for which final payment has not yet been made. This obligation remains in effect until final payment under this Agreement. If a surety upon any bond furnished in connection with this Agreement or any insurance carrier providing coverage in connection with this Agreement becomes insolvent, the Private Entity shall promptly replace the bond or insurance policy with one which is equivalent and acceptable to County. ARTICLE X NOTICES TO PROCEED, COMMENCEMENT AND COMPLETION 10.1 Initial Notice to Proceed. Execution of this Agreement by County constitutes Notice to proceed with design, permit application and Construction Document preparation. 10.2 Notice to Proceed for Construction, Prosecution, and Completion of Work. No construction Work may be performed by or through Private Entity except pursuant to a Notice to Proceed with construction issued by the County's Representative. The Private Entity shall: a. Commence Work under this Agreement within ten (10) days after the date of the Notice to Proceed from the County's Representative, b. Prosecute the Work diligently, and c. Substantially complete the construction Work in accordance with Exhibit B TIME BEING OF THE ESSENCE. Private Entity shall achieve Final Completion as soon as possible but not later than thirty (30) days after Substantial Completion, unless otherwise agreed to by the parties. At least monthly the Private Entity shall consult with the County's Representative with regard to the likely Substantial Completion date. 10.3 Notice of Delay. Immediately, and in no event no later than fourteen (14) days after the Private Entity first believes an event may give rise to or result in a Change due to any delay under this Agreement, the Private Entity shall notify the County's Representative in writing of them. The notification must identify the difficulties, the reasons for them, and the estimated period of delay anticipated. Failure to give such notice in strict compliance with this Section 10.3 will waive any right by Private Entity to make a claim based upon such delay. Such notice shall be a condition precedent to Private Entity's right to pursue any claim for an adjustment to payment or schedule based upon such delay. 10.4 Liquidated Damages for Delay. a. County and Private Entity recognize that time is of the essence in the completion of the Work and that County may suffer loss or damages if the Work is not completed within the period of time stipulated, plus any extensions thereof allowed in accordance with the Agreement. The parties also recognize the delays, expense, and difficulties involved in proving the actual loss or damages suffered by County if the Work is not completed on time. Accordingly, if such Work is not fully and satisfactorily completed within the period of time set forth in this Agreement or the Schedule agreed to by the parties, the Private Entity agrees it shall owe to and pay to County as liquidated damages for loss of County's use or occupancy of the Work, but not as a penalty, the sum of Fifty Dollars ($50) as liquidated damages for each and every consecutive day after the 30th day of unexcused delay after the date established for Substantial Completion. 10.5 Suspensions and Delays. a. If the performance of all or any part of the Work of this Agreement is unreasonably suspended, delayed, or interrupted solely by: Page 11 of 25 20684/l/7047081vl 1 . An order or act of the County's Representative in administering this Agreement-, or 2. By a failure of the County's Representative to act within the time specified in this Agreement or within a reasonable time so as not to delay the Work of the Private Entity-, then the Private Entity may request an equitable adjustment to the amount and/or time due under this Agreement due to any increased costs directly caused by the delay or interruption (including the direct costs incurred during any suspension or interruption), and in the schedule and any other contractual term or condition affected by such suspension, delay, or interruption. However, no adjustment may be made under this Section 10.5.a. for any delay or interruption of performance that has been delayed or interrupted in any way by the action, omission, fault or negligence of the Private Entity or those providing Work through Private Entity. b. A claim under this clause will not be allowed for any costs incurred before the Private Entity has notified the County's Representative in writing of the act or failure to act involved, or if Private Entity has failed to follow the procedures of Article XVII, Section 17.1 of this Agreement for such claim. 10.6 Excusable Delays. Private Entity shall not be in default by reason of an excusable failure in performing this Agreement in accordance with its terms (including any failure by the Private Entity to make progress in the prosecution of the Work that endangers performance) if such failure arises out of causes beyond the reasonable control and without the substantial fault or negligence of the Private Entity or those providing any services through Private Entity. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the County, fires, severe floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe and extreme weather, but in every case the failure to perform must be beyond the control and without the fault or negligence of the Private Entity or those providing any of the Services through Private Entity, including without limitation, the A-E, the Prime Construction Contractor, and any subcontractor, who shall plan for all contingencies which can be reasonably anticipated, such as unfavorable weather. Contingencies which can be reasonably anticipated shall not be considered a basis for claiming an excusable delay. However, Private Entity must notify County's Representative in writing within 10 days of any such event and such notice is a condition precedent to any such claim. Furthermore, Private Entity shall not be entitled to any additional compensation for such events, but only to a reasonable time extension as determined by the County. County's Representative may disallow such a claim for an excusable delay if such claim does not meet all the requirements of this Agreement. 10.7 Construction Schedule/ Progress Chart. a. Within ten (10) working days after receiving Notice to Proceed, the Private Entity shall prepare and submit to the County's Representative a complete detailed design and construction schedule in the form of an electronic file and six (6) copies of a practical progress chart. The schedule shall show the principal categories of work, corresponding with those used in the breakdown on which progress payments are based, the order in which the Private Entity proposes to carry on the Work, the date on which it will start each category of Work, and the contemplated dates for completion. The design and construction schedule must be in suitable scale to indicate graphically the total percentage of Work scheduled to be in place at any time. The Private Entity shall use a Critical Path Method (CPM) format. At the end of each progress payment period, or at such reasonable intervals as directed by the County's Representative, the Private Entity shall: 1. Revise the design and construction schedule to reflect any changes in the Work, completion time, or both, as approved by the County's Representative-, 2. Enter on the design and construction schedule the total percentage of Work actually in place-, and 3. Submit three (3) copies of the adjusted design and construction schedule, and a complete electronic update, to the County's Representative. b. If at any time the Work falls behind the design and construction schedule after taking into consideration any excusable delays as defined above, Private Entity shall take such action as necessary to improve progress. The County's Representative may require the Private Entity to submit a revised design and construction schedule demonstrating its proposed recovery plan to make up the lag in scheduled progress. The plan shall show how the Private Entity shall achieve recovery by increasing resources and/or work times, (if approved by County). If the County's Representative finds the proposed plan unacceptable, the Private Entity may be required to submit a new plan. If the new plan submitted is not reasonable, after consultation with the Private Entity, the County's Representative may require the Private Entity to increase the work force, accelerate the planned construction volume, increase assigned construction equipment, or the number of work shifts, or take other appropriate action, all without increase to the GMP. c. Private Entity shall update the schedule and issue a progress report each month. If after either update has been performed the actual durations of recurring activities are longer than the original durations, the Private Entity shall issue a written plan that indicates the additional resources to be allocated to those activities showing how they will achieve the planned duration. Alternatively, the durations of all subsequent occurrences of thattype of activity shall be increased to reflect actual production, and the Private Entity shall issue a recovery plan to the County's Representative within 10 days showing how the project will get back on schedule. d. Failure of the Private Entity to comply with any of these requirements will be considered grounds for a determination by the County's Representative that the Private Entity is failing to prosecute the Work with such diligence as will ensure its completion within the time specified. 10.8 Exception to Completion Schedule and Liquidated Damages. In cases where the parties agree in writing that sodding and/or planting and/or specified maintenance thereof is not feasible during the construction period, such Work will be excepted from the completion schedule and the liquidated damages provision of Section 10.4. However, such Work must be accomplished or completed during the first sodding and/or planting period or the specified maintenance period following the original completion date within the same number of days originally scheduled for such activity. Page 12 of 25 20684/l/7047081vl ARTICLE XI PRIVATE ENTITY RESPONSIBILITIES 11.1 Performance and Superintendence of Work By Private Entity. a. The Private Entity shall be responsible for providing all the services called for by this Agreement. b. The Private Entity must give personal superintendence to the Work. Work performed by the Private Entity at its own volition outside such normal working hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, shall be at no additional expense to the County. c. The Private Entity shall submit a weekly construction report by close of business of the first working day of the following week on a form provided by or approved by the County's Representative or other form customarily used in the industry. The report shall indicate the number of people by trade or craft, and the type and location of Work. The report shall include subcontractors, safety and quality violations observed, corrective measures taken to correct the violations, and other information requested by the County's Representative. The County's Representative may modify the requirements of this report as the Project progresses. d. The Private Entity shall be responsible for coordinating with all utilities and for relocating said utilities, if necessary. 11.2 Materials and Workmanship. a. Unless otherwise specifically provided, all materials incorporated in the Work must be of suitable grade for the purpose intended. Unless otherwise specifically provided, reference to any material establishes a standard of quality only. The Private Entity may substitute any material or process that the County's Representative finds to be equal to that named, which finding shall be in writing and in his/her discretion. b. In the event of substitution in accordance with subparagraph a above, the Private Entity shall furnish to the County's Representative for approval the name and any other relevant information on the performance, capacity, nature, and rating of materials proposed for substitution. c. All Work shall be performed in a skillful and workmanlike manner. The County's Representative may, in writing, require the Private Entity to remove from the Work any employee of the Private Entity, or any subcontractor or its employee, the County's Representative deems incompetent, careless, or otherwise objectionable. The Private Entity shall immediately remove from the Work any employee or any subcontractor or its employee so designated. However, if Private Entity does not agree with such action, the Private Entity may request a Change Order in accordance with Article 17. 11.3 Responsibility for Design. a. It is understood and agreed that this Agreement includes survey, design and permitting services. The Private Entity agrees not to assign or transfer any of Private Entity's interests in this Agreement. The Private Entity agrees not to transfer or delegate, to others, its responsibilities under this Agreement except the Private Entity shall be allowed to subcontract portions of the Scope of Work. The Private Entity may, by subcontract, engage persons who are design and engineering professionals to provide design services for the Project. The Private Entity represents that the design professionals providing services for the Project include Persons with required Virginia licenses and registrations or are otherwise permitted by law to provide such services. The Private Entity further represents that the engineering disciplines provided for the design of the Project will be under the direct supervision of licensed professional engineers who are registered in Virginia or who are persons in responsible charge of an engineering firm registered in Virginia. b. The Private Entity is responsible to County for the professional quality, technical accuracy, and coordination of all surveys, designs, drawings, specifications, and other Services furnished by the Private Entity's design professionals under this Agreement. The Private Entity must, without any changes to the CCL, GMP or schedule, correct any errors or deficiencies in any of the designs, drawings, specifications, and other Services, all at no costs to the County, and, provided that such errors or deficiencies do not arise out of, or as a result of, information or directives furnished by County or County's Representative, and further provided, that because of such errors or deficiencies the Work does not conform to the requirements of this Agreement. c. As part of the Private Entity's responsibility under this Agreement, the Private Entity shall ensure that the design, permitting and construction of the Project shall comply with all applicable environmental permits, Codes and Standards d. Any County review, approval, or acceptance of, or payment for, any of the services required under this Agreement shall not be construed to and does not relieve Private Entity of any obligation under this Agreement. The Private Entity shall remain liable to the County for all damages caused by the Private Entity's performance of any Services furnished under this Agreement that fails to meet the requirements of this Agreement. e. The rights and remedies of the County provided for under this Agreement are in addition to any other rights and remedies provided by law. 11.4 Use of Premises. a. The Private Entity is the owner of the real estate as shown in Exhibit A attached hereto and shall perform the Work required under this Agreement. 11.5 Licenses, Permits and Responsibilities. a. The Private Entity is responsible for identifying and obtaining any necessary licenses and permits at Private Entity's expense, and for complying with the Codes and Standards in connection with the prosecution of the Work. The County will directly pay actual costs for all permits as set forth in section 5.3a. The Private Entity is responsible for all injury to persons or damage to property that occurs as a result of its actions. The Private Entity must take proper safety and health precautions to protect the Work, the workers, the public, and the property of others. The Private Entity is responsible also for all materials delivered and Work performed until completion and acceptance by County of the entire construction Work. There shall be no mark-up on any permit or other costs paid for by the County for the items covered by the Allowances. Page 13 of 25 20684/l/7047081vl b. The Private Entity shall demonstrate compliance with all environmental permits and regulations identified in the Contract Documents and/or as may be required by law prior to, and during construction. 11.6 Building Codes, Fees, and Charges. a. The Private Entity shall comply with all state and local building code requirements. b. The Private Entity shall pay all fees and charges for temporary connections to outside services and for use of property outside the site, as provided by section 5.3.a. 11.7 Federal, State, and Local Taxes. a. The GMP includes all applicable federal, state, and local taxes, permit fees and duties. 11.8 Identification of Contract Deliverables. Unless otherwise specified, the cover page of each document prepared and submitted by the Private Entity to the County under this Agreement shall include the following information: a. Name and business address of the Private Entity. b. Contract number. c. Name, position, and office location of the County's Representative. d. Date of document. ARTICLE XII COUNTY RIGHTS AND RESPONSIBILITIES 12.1 County's Representative. The County may appoint a County's Representative, who may be either an County employee or a contractor. The name, address, telephone number, and specific responsibilities, authority, and limitations of the County's Representative will be provided to the Private Entity in writing prior to the notice to proceed to Private Entity. The County's Representative may, in County's sole discretion, be removed or replaced by County at any time without prior notice to the Private Entity, but notification of the change, including the name and address of any successor County's Representative, will be provided promptly to the Private Entity by the County, in writing. In the event the County chooses to replace the County's Representative, the County agrees the Private Entity is not liable for carrying out change orders, or adhering to any instruction or direction provided by County's Representative. 12.2 Site Visits. a. The County from time to time during construction may desire to conduct groups of guests on visits to the site of the Work. These tours will be authorized by the County's Representative or his/her appointed representative. In such event the Private Entity shall cooperate by providing reasonable access to and posting signs to give notice of dangerous areas, providing hard hats, and making such other arrangements for the safety and convenience of the guests as may be required. The County's Representative shall give the Private Entity as much advance notice of any such visits as is practical and to the maximum practicable extent shall schedule any such visits so as not to interfere with the progress of the Work. b. The Private Entity's indemnification of the County contained in the "indemnification" clause of this Agreement shall not apply during any such visits of the Project by visitors or guests of the County or to County's officers, employees, or agents who are engaged in conducting, guiding, or accompanying any such visits, leaving the County and the Private Entity and its subcontractors responsible for their own acts and omissions according to applicable law and other clauses of this Agreement. This limited exception in this 12.2b to Private Entity's indemnification obligation does not apply to inspectors, investigations, or other site visits provided for elsewhere in this Agreement or conducted for the purpose of aiding in the enforcement of law. c. County is granted a perpetual right of entry onto Private Entity's Land for future inspections and maintenance or repair activities for the sole purpose of maintaining pollution removal credits and complying with the grant requirements imposed by the Department of Environmental Quality, with such access to be memorialized in an access agreement in substantially the same form as Exhibit J attached hereto. The County shall provide the Private Entity seven (7) days' notice prior to performing necessary maintenance or repair. 12.3. Examination of Records. a. The County and its authorized representatives shall, during the Project and until three (3) years after final payment under this Agreement, have access to and the right to audit, copy and/or examine any pertinent books, documents, papers, or other records of the Private Entity involving any transactions or items related to Section 5.3 of this Agreement. b. For the purposes of this Section 12.4, the Private Entity agrees to provide County, at no cost to the County, adequate and appropriate work space at the Private Entity's facilities in order to conduct such examinations. 12.4 Ownership of Work Product. a. Work Product: The Plans and Specifications , including electronic copy of them, furnished by the Private Entity to the County under this Agreement and the copyrights thereto ("Work Product") shall become the property of the County upon payment for such item(s) for them and all amounts due hereunder for the Work. Private Entity, A-E, and Prime Construction Contractor shall have the right to use Work Product. b. County may use the Work Product in connection with County's use of the Project, including for maintenance and repairs, and for any other purpose County deems appropriate. Such Work Product is not intended or expected to be suitable for use on other projects. County shall not provide Work product to any other entity for use on other projects, subject to State law, except for repairs Page 14 of 25 20684/l/7047081vl or maintenance to this project. Such use of Work Product by County or any other person to whom the County has furnished such Work Product shall be at the user's sole risk of liability and without liability or legal exposure to Private Entity, A-E, Prime Construction Contractor, or any of their subcontractors and consultants, or any of their officers or employees. . Private Entity shall include in its contract with its A-E and have included in contracts with any design professionals providing any services for this Project provisions that require all design professionals providing any services for the Project to agree to this section 12.5, and Private Entity shall indemnify, defend and hold harmless County and its agents, employees, architects, engineers, consultants and contractors from any claim of copyright infringement by any Person based upon County's use of the Work Product pursuant to this Section 12.5 for this Project. Nothing in this Section 12.5 shall be deemed to relieve Private Entity or any design professionals providing services through Private Entity of their obligation under this Agreement that all design and design services provided for this Project shall conform to the applicable standard of care defined herein for the applicable design professional providing such design or services. ARTICLE XIII ADMINISTRATIVE ITEMS 13.1. Standard References. All publications and other documents (such as manuals, handbooks, codes, standards, and specifications) cited to in this Agreement for the purpose of establishing requirements applicable to equipment, materials, or workmanship are hereby incorporated by reference in this Agreement. ARTICLE XIV SUBCONTRACTING 14.1 Subcontracts a. Nothing in this Agreement may be construed to create any contractual relationship between any Subcontractors and the County. The divisions or sections of the Specifications are not intended to control the Private Entity in dividing the Work among Subcontractors or to limit the Work performed by any trade. b. The Private Entity is responsible to the County for acts and omissions of its own employees, of Subcontractors and their employees, and any other person providing Work on the Project through Private Entity. The Private Entity is also responsible for the coordination of the Work of the trades of subcontractors. c. The County will not undertake to settle any differences among the Private Entity, the Prime Construction Contractor, the A-E, and any Subcontractors or any of them. ARTICLE XV PROTECTION OF PERSONS AND PROPERTY 15.1 Accident Prevention. a. All construction and other Work on this Project must be performed in compliance with the Occupational Safety and Health Act of 1970 and with local, state and federal occupational safety and health regulations enforced by an agency of the locality or state under a plan approved by the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA). Where requirements are different or in conflict, the more stringent requirement will apply. b. The Private Entity shall maintain or require maintenance by the Prime Contraction Contractor of an accurate record of exposure data and all accidents incidental to Work performed under this Agreement resulting in death, traumatic injury, occupational disease, or damage to property, material, supplies, or equipment. The Private Entity must submit regular Project safety reports, exposure data, and accident reports, as prescribed by the County's Representative. C. Health and Safety Plans are required as follows: 1 . Prior to commencing on-site Work, the Private Entity must submit to the County's Representative, in triplicate, a Health and Safety Plan designed to provide a system by which hazards on the Project site will be controlled to minimize or eliminate occupational injuries or illnesses during performance of the contract. 2. The Health and Safety Plan must state that the Prime Construction Contractor, A-E, and all subcontractors are required to comply with the Private Entity's Project safety rules and requirements issued under the authority of that program. 3. The Health and Safety Plan must identify, by name, the Private Entity's representative responsible for the execution of the Project safety program. The Private Entity's Project safety representative must have the express written authority from the Private Entity to stop work, to abate hazardous conditions or unsafe practices, and to eject any Private Entity, Subcontractor, or vendor employees from the Project site for failure to comply with safety requirements. 4. The Health and Safety Plan must include the precautionary measures to be taken to protect County staff, employees and the public. d. The authority, responsibilities, and duties of the Private Entity's Project safety representative must be incorporated as part of the written Health & Safety Plan. The safety responsibilities include, but are not limited to, conducting subcontractor construction safety program reviews, conducting employee safety orientation training, conducting weekly safety meetings, conducting daily site safety inspections, auditing Subcontractor safety compliance, and preparing required periodic and special safety reports. e. In addition to the general requirements of Health and Safety Standards, the Private Entity, A-E and Prime Construction Contractor, specifically must comply with applicable OSHA requirements concerning Hazard Communications Standards. Details of the Private Entity's hazard communications program shall be included in the Health & Safety Plan. 15.2 Health and Safety Standards. a. In performing this contract, the Private Entity must: 1 . Comply with applicable Occupational Safety and Health Standards promulgated pursuant to the authority of the Occupational Safety and Health Act of 1970 (OSHA). Page 15 of 25 20684/l/7047081vl 2. Comply with any other applicable federal, state, or local regulations governing workplace safety to the extent they do not conflictwith a.1 above-, however, the more stringentshall apply. 3. Comply with any County standard unless the OSHA standard contains more rigorous or stringent safety requirements, in which case the OSHA standard governs and takes precedence. 4. Take all reasonable precautions to protect the safety and health of the Private Entity's employees, County staff, employees, and the public. b. Materials, supplies, articles, or equipment manufactured or furnished under this Agreement or order must conform to the Occupational Safety and Health Standards pursuant to the authority of OSHA, and to other safety and health requirements specified in this Agreement or order. When conducting work on the Project, the Private Entity must provide the County's Representative copies of Material Safety Data Sheets (MSDS) for any hazardous material, as defined by OSHA's Hazard Communications Standards, to be used on the job. c. If no OSHA standard exists, federal or other nationally recognized standards apply. Copies of current Occupational Safety and Health Standards are available from regional and/or area offices of the U.S. Department of Labor, Occupational Safety and Health Administration. 15.3 Protection of the Environment, Existing Vegetation, Structures, Utilities, and Improvements. a. The Private Entity shall use reasonable efforts to perform all Work necessary to implement and accomplish a program to prevent environmental pollution during or as a result of construction performed under this Agreement. As a minimum, the Private Entity's Work must conform to all requirements of applicable federal, state and local law. b. The Private Entity shall protect from damage all existing buildings, improvements or utilities at or contiguous to the site of the Work, the location of which is known, and must repair or restore any damage to these facilities resulting from failure to comply with the requirements of this Agreement or to exercise reasonable care in performing the Work. County Private Entity shall follow all Environmental Protection Agency, Virginia Department of Environmental Quality and other applicable governmental regulations and guidelines, as to the labeling, use, storage and disposal of "hazardous waste", which shall for the purposes of this agreement be defined as (a) any chemical, substance, material, mixture, contaminant or pollutant, now or hereafter defined as a "hazardous substance" under the comprehensive Environmental Response, Compensation and Liability Act, as amended from time to time-, (b) petroleum, crude oil, or any fraction thereof-, (c) any pollutant, contaminant, special waste or toxic substance now or hereinafter listed, defined by or subject to regulation under any federal, state or local statute, ordinance, rule, regulation, standard, policy, guidance, permit, order, administrative orjudicial decision or pronouncement, previously, currently or hereafter in effect, as amended from time to time, pertaining to health, safety, or the environment, including without limitation, natural resources, environmental regulation, contamination, pollution, cleanup, or disclosure. Private Entity agrees to indemnify, hold harmless and defend County and all County's successors, employees, officers, Board of Supervisors, Board members, representatives, and agents from any liability, claim, demand, action, cause of action, suit, loss, damage, injury, expense, cost, settlement, orjudgment of any kind or nature including but not limited to demands, fines, remediations, or penalties asserted by any governmental entity, as a result of the treatment, storage, disposal, handling, spillage, leakage, or presence in any form in soils, surface waters, groundwaters, air, or property, of any wastes or "hazardous waste" as defined in this paragraph, at the subject property, caused by Private Entity or Private Entity's subcontractors. Notwithstanding the language above, Private Entity shall have no duty to indemnify and/or hold harmless and/or defend County and all County's successors, employees, officers, Board of Supervisors, Board members, representatives, and agents from any liability, claim, demand, action, cause of action, suit, loss, damage, injury, expense, cost, settlement, or judgment of any kind or nature including but not limited to demands, fines, remediations, or penalties asserted by any governmental entity, as a result of the treatment, storage, disposal, handling, spillage, leakage, or presence in any form in soils, surface waters, groundwaters, air, or property, of any wastes or "hazardous waste" as defined in this paragraph, occurring at the subject property prior to commencement of the Project. ARTICLE XVI PAYMENTS 16.1 Invoices (Construction). a. The Private Entity may make requests for progress payments on a monthly basis. Such requests shall be in compliance with section 10.7 above. The Private Entity's invoices must be submitted before payment can be made. b. The Private Entity agrees that submission of an invoice to the County for payment is a certification that: 1 . Any services being billed for have been performed in accordance with the requirements of the Contract Documents-, and 2. Any supplies for which the County is being billed have been delivered or suitably stored off site, with appropriate insurance coverage, and in the quantities shown on the invoice, and that the supplies are in the quantity and of the quality designated in the Contract Documents. Private Entity shall provide, suitable to County's Representative approval, evidence of insurance for storage facility, a complete inventory of items, a written right of access to the items, and certification of title to the County. c. To ensure proper payment, Private Entity must furnish all documents required elsewhere in the Contract Documents and/or as reasonably required by the County's Representative. 16.2 Payment. a. The County will make progress payments on a monthly basis for Work properly completed. Payments are subject to receipt of grant funds from the Department of Environmental Quality. Until the Department of Environmental Quality executes the grant agreement with the County, all payments to the Private Entity shall be made from matching funds paid to the County by the Private Entity. If required to facilitate funding from the Department of Environmental Quality, the Private Entity shall deposit funds, in an Page 16 of 25 20684/l/7047081vl amount agreed to by the parties, with the County, prior to the submission of a Private Entity's invoice. Any excess deposited by the Private Entity and not utilized in the Project shall be returned to the Private Entity within thirty (30) days after Final Acceptance of the Project. Payments to the Private Entity shall be made within thirty (30) days of receipt and approval by the County's Representative of the Private Entity's invoice. Before the first progress payment becomes due, the Private Entity must prepare a schedule of values reasonably acceptable to the County's Representative. The values in the breakdown will directly correlate to the cost loaded schedule and be used for determining progress payments as referred to in section 10.7. b. If material delivered to the Project site that will be incorporated into the Project will be taken into consideration in computing progress payments, before each payment is made, the Private Entity must furnish the County's Representative proof of the quantity, value, and delivery of such material. c. In making progress payments, the County will retain five percent (5%) of the progress payments. Retainage will be held by the County until County's Final Acceptance of the Project. d. Before receiving a progress payment or final payment under this Agreement, the Private Entity must certify to the County's Representative that payment due to the Prime Construction Contractor and subcontractors have been made from the proceeds of prior payments or will be made in a timely fashion from the payment then due the Private Entity. Private Entity agrees to comply with the provisions of Virginia Code Section 2.2-4354 regarding payments to others. f. Upon completion and acceptance of all Work, the amount due the Private Entity under this Agreement shall be paid upon presentation of a properly executed invoice, after the Private Entity has furnished the County with a release of all claims against the County arising by virtue of this Agreement, other than claims in stated amounts that must be specifically excepted by the Private Entity from the operation of the release. If the sum of all progress payments and the final invoice is greater than the GMP, the final invoice shall be adjusted so that the sum of all progress payments and the final payment is not greater than the GMP. If the Private Entity's claim to amounts payable under the Agreement has been assigned, with consent of County, as provided in the Assignment of Claims clause, a release may also be required of the assignee. g. Private Entity may suspend the Work, in whole or in part at its discretion, if the County fails to make any payment to Private Entity as required by this Agreement, provided that: County has not issued any payment to the Private Entity when due-, there is provided seven days' written notice to the County by Private Entity of such failure by County-, and, during an additional five days' period, after such seven days' notice period, County has failed to issue payment in full. 16.3 Construction Cost Breakdown. The Private Entity's submission of its Guaranteed Maximum Price (GMP) must include a "schedule of values" type construction cost breakdown by CSI Division and other breakdowns as reasonably requested by County's Representative. Upon written request by the County's Representative, the Private Entity shall provide copies of its contract with its Prime Construction Contractor and construction subcontracts and a comparison to the GMP, for approval by the County's Representative, and for use in verifying monthly construction invoices. 16.4 Allowable Cost and Payment. a. Invoicing: The County will make payments to the Private Entity as set forth in section 16.2(a), but not more than monthly, in amounts approved by the County's Representative, such approval not to be unreasonably withheld. The Private Entity must submit an invoice or voucher to the address specified by County, supported by a statement of claimed allowable costs of performing this Agreement, in such form and detail as required by Exhibit F hereto. b. Audit: At any time or times before final payment, the County's Representative may have the Private Entity's invoices or vouchers and statements of cost audited. Any payment may be: 1 . Reduced by amounts found by the County's Representative not to be proper or supported by sufficient documents-, or 2. Adjusted for prior overpayments or underpayments. c. Final Payment: 1 . The Private Entity must submit a completion invoice or voucher, designated as such, promptly upon full and proper completion of the Work by Private Entity, but not later than 30 days (or longer, as the County's Representative may approve in writing) from the completion date. Upon County's approval of that invoice or voucher, and upon the Private Entity's compliance with all terms of this Agreement, the County will promptly pay any balance not previously paid. 2. In exchange for final payment the Private Entity shall and does release the County and its officers, agents, and employees from all liabilities, obligations, and claims arising out of or under this Agreement, except for those that have been identified as open in the final invoice. Final payment shall be considered County's final acceptance of the Work, subject to this Agreement. ARTICLE XVII CHANG ES/CLAI MS/DISPUTES 17.1 Changes. a. The County may at any time, without notice to any sureties, by written change specifically designated or indicated to be a Change Order or Change Directive, make a Change, including, without limitation, one that: 1 . Changes the Plans and Specifications (including drawings and clesigns); 2. Changes the method or manner of performance of the Work-, 3. Directs acceleration in the performance of the Work-, or 5. Other changes referred to in this Agreement. b. Any other written or oral order, direction, instruction, interpretation, or determination from the County or the County's Representative that causes a change to the Scope of Work or its time of performance will only be treated as a Change Directive, allowing a change in compensation or schedule, only if (1) the Private Entity gives the County's Representative written notice promptly, but not later than within five (5) days, of the receipt by Private Entity or the Prime Construction Contractor whichever has Page 17 of 25 20684/l/7047081vl first receipt of such order, direction, instruction, or determination, stating (i) the date, circumstances, and source of the order, direction, instruction or determination, and (ii) that the Private Entity regards the order, direction, instruction or determination as a Change, and (2) Private Entity does not incur additional costs attributable to such order, direction, instruction or determination without first receiving a Change Directive from County, unless waiting for a Change Directive is unreasonable under the circumstances. Such notice is a condition precedent to any such claim. c. Except as provided in this Section 17.1, no order, direction, instruction, interpretation, determination, statement, or conduct of the County's Representative may be treated as a Change or entitle the Private Entity to any adjustment in compensation or schedule. d. Only if any Change under this Article adds to or increases the Scope of Work, other than minor changes, and causes an increase or decrease in the Private Entity's cost of, or the time required for, the performance of any part of the Work under this Agreement, the County shall issue a Change Order or Change Directive for such Change. However, no claim for any Change shall be allowed for which the Private Entity has not strictly complied with the requirements of paragraph b as well as all other requirements of this Agreement. No claims will be allowed for Plans or Specifications prepared by or for the Private Entity and not in conformance with this Agreement. Accordingly, the GMP shall only be increased if there is an addition requested by County to the Scope of Work, other than minor changes, and increased cost or time to the Private Entity. The GMP shall be decreased for any County requested reduction to the Scope of Work. e. No claim by the Private Entity will be allowed if first asserted after final payment under this Agreement, except as provided herein. f. After approval of final Plans and Specifications, except for the correction of errors and omissions, the Private Entity shall not make or allow any changes in the Plans or Specifications, including drawings and designs, without approval of the County's Representative. g. The Private Entity shall not proceed with any Change until the County has obtained and confirmed all necessary approvals and any required appropriations of funds to pay for the Change. 17.2 Change Order Accounting. The County's Representative may require Change and Change -order accounting whenever the estimated cost of a Change or series of related Changes exceeds $10,000. The Private Entity, for each such Change or series of related Changes, must maintain separate cost codes, by job order or other suitable accounting procedure, of all incurred segregable, direct costs (less allocable credits) of Work, both changed and not changed, allocable to the Change. The Private Entity shall maintain such accounts until the parties agree to an equitable adjustment for the Changes ordered by the County's Representative or the matter is finally disposed of in accordance with Section 17.5. However, Private Entity shall continue to work on the Project without any interruption and/or delay. 17.3 Equitable Adjustments. a. Cost for A-E Services: 1 . There will be no monetary adjustment to Arch itect-Eng i neer Services under this Agreement except where the Scope of Work has been modified by the County as provided herein. The A-E component of such Scope of Work Changes will only be adjusted when the County -requested change requires a duplication or revision of Work that has already been accomplished, causes an appreciable increase in direct labor, material or other costs to Work included under the A-E component, or requires new labor, material or other direct costs of Work not included under the existing A-E component. All other changes required to properly complete the Work will be the responsibility of the Private Entity. 2. Adjustment in the A-E component will be based upon the extent of change to the Work and not upon a percentage of construction costs. The County will negotiate an adjustment on the basis of the costs per discipline for the production of drawings, calculations, specifications, estimating and other services. Prior to negotiations, the Private Entity shall submit an Estimate of Fee for Modification of Design. 3. The Private Entity must submit with its proposal its request for time extension (if any). 4. In considering a proposal, the County may check estimates in detail, utilizing unit prices where specified or agreed upon, with a view to arriving at an equitable adjustment. 5. Upon written request by the County's Representative, the Private Entity must submit a proposal, in accordance with the requirements and limitations set forth in subparagraphs (a.1) through (a.6) of this section, for Work involving proposed changes covered by the request, within the time limit indicated in the request or any extension of such time limit as may be subsequently granted. If, within a reasonable time after the receipt of such proposal, the County's Representative orders the Private Entity to proceed with the performance of the Change to the Work contemplated, the proposal submitted prior to the order will constitute the Private Entity's statement of the monetary extent of claim for equitable adjustment for the A-E component of Fixed Fees. b. Cost For Construction: 1 . There will be no monetary adjustment to the GMP under this Agreement except when the Scope of Work (including time) has been modified by the County by a Change and as allowable under the other provisions of this Agreement. All other changes required to complete the Work shall be the sole responsibility of the Private Entity. 2. In the event of such a Change by County, an appropriate monetary adjustment to the GMP may be made only if all the requirements of this Agreement are met. The Private Entity's written statement of the monetary extent of any claim for equitable adjustment under this Agreement must be submitted in the form of a lump sum proposal (unless otherwise requested) with an itemized breakdown of all increases or decreases in the cost of the Private Entity's and all subcontractors' Work, in at least the following detail: (a) Material quantities and unit cost (b) Labor costs (identified with the specific item of material to be placed or operation to be performed) (c) Construction equipment (d) Worker's' Compensation, Automobile and Commercial General Liability Insurance, Builders Risk Insurance, Umbrella Insurance Page 18 of 25 20684/l/7047081vl (e) Overhead (f) Profit (g) Employment taxes under FICA and FUTA 3. The Prime Construction Contractor's overhead, profit and commission will be included in any approved modification to the component of the cost for construction (Work), if required. The subcontractors' overhead and profit percentage included in the proposal will be considered to include, but not be limited to, insurance other than mentioned in b.2. Of this section, use of small tools, incidental job burdens, and general office expense. No percentages for overhead, profit or commission will be allowed on employment taxes under FICA and FUTA. The percentages for overhead, profit and commission on approved modifications will be negotiated and may vary according to the nature, extent, and complexity of the Work involved. 4. The Private Entity's or Prime Construction Contractor's (either and not both) commission percentage on approved modifications is limited (5% maximum) and no additional overhead or profit markup will be allowed. On proposals covering both increases and decreases of the Scope of Work, the overhead and profit will be computed on the net change only. On proposals for decreases in the amount of the GMP, the overhead, profit, and where applicable, the commission, will be added to the decrease in the direct cost. 5. The Private Entity must submit with its proposal its written request for time extension (if any) which must be based on a demonstrated impact to critical path activities. 6. In considering a modification to the GMP, the County may check estimates in detail, utilizing unit prices where specified or agreed upon, with a view to arriving at an equitable adjustment. 7. Where modification is made to the GMP, appropriate adjustment will be made to the Fees and Reimbursable Costs for construction Work. 8. Payment for a Change involving construction Work will be made on the basis of direct construction costs and subcontractor costs up to the limit of the revised GMP. Payment for Private Entity and Contractor services will be made on the basis of the negotiated fee. 9. After receipt of a proposal with a detailed breakdown, the County's Representative will act reasonably promptly thereon. However, when the necessity to proceed with a Change does not allow sufficient time to check a proposal, or in the event of a failure to reach an agreement on a revised GMP, the Private Entity, if directed by County, shall proceed with the Work and will be reimbursed as provided for in this Agreement. 10. Upon written request by the County's Representative, the Private Entity shall submit a proposal, in accordance with the requirements and limitations set forth in subparagraphs (b.1) through (b.9) of this section, for Work involving contemplated changes covered by the request, within the time limit indicated in the request or any extension of such time limit as may be subsequently granted. If, within a reasonable time after receipt of such proposal, the County's Representative orders the Private Entity to proceed with the performance of the Work proposed, the proposal submitted prior to the order will constitute the Private Entity's statement of the monetary extent of its claim for adjustment to the Guaranteed Maximum Price. 17.4 Resolution of Disputes, claims and other matters Disputes, claims and other matters in question between the parties shall only be resolved as follows: a. The Private Entity shall give County written notice of any claim for any additional compensation, damages, or delay within five (5) days of the beginning of the occurrence of the event, or knows of such occurrence, leading to the claim being made and Private Entity shall submit the actual claim and any supporting data reasonably available within thirty (30) days after providing notice unless otherwise agreed in writing by the parties. The "occurrence" means the condition encountered in the field giving rise to the claim. Claims of delay will be resolved as they occur. Complete satisfaction of this Section 17.5a is a condition precedent for Private Entity to pursue a claim arising under or relating to this Agreement, and failure by Private Entity to satisfy this subparagraph a as to written notice or, unless otherwise agreed in writing by the parties, to submit its claim and reasonably available data in accordance with this Section 17.5a will waive any claim by Private Entity. Unless otherwise agreed by the parties, the County shall act on any claims as set forth below, within thirty (30) days of County's receipt of claim and supporting data. b. The parties shall first endeavor to resolve any disputes, claims or other matters in question between them through direct negotiations, and if such direct negotiations fail, by non-binding mediation, if agreed to by both parties, before a mediator agreed upon by the parties, with the site of the mediation being Roanoke County, Virginia. The parties shall share equally in the cost of the mediator. Should the dispute, claim, or other matter in question remain unresolved for the shorter of (i) ten (10) days after the termination of direct negotiations, or (ii) ten (10) days after termination of mediation, if mediation was undertaken, or (ii i) thirty (30) days after either party has requested mediation, and no such mediation was conducted, either party may proceed in accordance with Section 17.5.f below. c. Nothing in Sections 17.5.b shall prevent a party from seeking immediate temporary injunctive or other temporary equitable relief in Roanoke County Circuit Court. d. In the event of any dispute, claim, or other matter in question arising, Private Entity and County shall continue performance diligently during its pendency as if no dispute, claim or other matter in question had arisen. During the pendency of any dispute in connection with the payment of moneys, Private Entity shall be entitled to receive payments for non -disputed items as provided for in this Agreement. e. No claim by Private Entity shall be allowed if notice of claim is first submitted after final payment, except as otherwise allowed by this Agreement. f. Contractual claims, whether for money or for other relief, including any disputes as to change orders or extra Work, shall be submitted in accordance with Section 17.5.a. A written decision upon any such claims will be made by the County within thirty (30) days after submittal of the claim and any practically available additional supporting evidence required by the County. The Private Entity may not institute legal action prior to receipt of the County's decision on the claim unless the County fails to render such decision within thirty (30) days from submittal of its claim. The decision of the County shall be final and conclusive unless the Page 19 of 25 20684/l/7047081vl Private Entity, subject to Section 17.5.b and within the applicable statutory limitations period, initiates legal action as provided in Section 2.2 — 4364, of the Code of Virginia. Failure of the County to render a decision within said thirty (30) days shall not result in the Private Entity being awarded the relief claimed nor shall it result in any other relief or penalty. The sole result of the County's failure to render a decision within said thirty (30) days shall be Private Entity's right to thereafter institute legal action. No administrative appeals procedure pursuant to Section 2.2-4365, of the Code of Virginia, has been established for contractual claims under this Agreement. ARTICLE XVIII TERMINATIONS 18.1 Termination for Convenience. a. Performance under this Agreement may be terminated by the County for convenience, for any reason, with or without cause, in whole or in part at any time during the planning, design or construction of the Work. A termination may be effected by delivery to the Private Entity of a notice of termination specifying the extent of Work terminated, and the effective date of the termination (thirty [30] days minimum notice). b. Upon receipt of a notice of termination, unless otherwise directed by the County's Representative, the Private Entity must take the following actions: 1 . Stop Work to the extent specified in the notice. 2. Place no further orders or subcontracts for materials or services, except as may be necessary for completion of the unterminated Work. 3. Terminate all design, orders and subcontracts to the extent that they relate to the Work terminated. 4. Settle all outstanding liabilities and claims arising out of the termination of orders and subcontracts. c. The County will return to the Private Entity any remaining amounts previously paid to the County by the Private Entity and shall be responsible to repay the Department of Environmental Quality for any grant funds that have been disbursed. 18.2 Termination for Default. a. The County may, subject to paragraph b and d below, by written notice of default to the Private Entity, terminate this Agreement if the Private Entity fails to: 1 . Substantially complete any of the material requirements of this Agreement within the time specified in the Agreement or any extension-, 2. Make progress, so as to materially endanger performance of this Agreement-, or 3. Provide services and/or workmanship and materials as called for by the Agreement-, or 4. Perform any of the other material provisions of this Agreement (but see subparagraph b following). b. County may terminate this Agreement under paragraph a if the Private Entity does not commence to cure the failure within ten (10) days (or more if authorized in writing by the County's Representative) after receipt of the notice from the County's Representative specifying the failure. c. County may terminate this Agreement without notice or opportunity to cure if Private Entity declares bankruptcy or is involuntarily placed into bankruptcy. d. The County will return to the Private Entity any remaining amounts previously paid to the County by the Private Entity, after the County repays the Department of Environmental Quality for any grant funds that have been disbursed.. e. If, after termination, it is determined that the Private Entity was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for convenience and such termination shall be deemed to have been for convenience. f. The rights and remedies of the County under this Section 18.2 are in addition to any other rights and remedies provided by law or under this Agreement. 18.3 Termination for County Default. a. The Private Entity may terminate the Agreement for County's default if, through no act or fault of the Private Entity or a Prime Construction Contractor, Subcontractor, Sub -subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Private Entity, the County has not issued a certificate for payment in time required herein or has not notified the Private Entity of the valid reason for withholding the certificate for payment within forty (40) days of receipt of a valid and complete invoice. However, before Private Entity may terminate under this paragraph, Private Entity shall give County written notice of such default, and ten (10) days to cure such default. b. The Private Entity may terminate the Agreement for default if, through no fault of the Private Entity, Prime Construction Contractor, Contractor or a Subcontractor, Sub -subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Private Entity, Prime Construction Contractor or Contractor, repeated suspensions, delays or interruptions of the Work have been solely caused by the County, County's Representative or County's other contractors, or any of them, other than resulting from a termination for convenience or termination of Private Entity for default, as described in the Agreement, and such repeated suspensions, delays, or interruptions constitute in the aggregate more than sixty (60) days in any three hundred sixty five (365) day period. However, as a condition precedent to such action the Private Entity shall give written notice to the County or County's Representative of each such claimed delay within ten (10) days of the expiration of the aggregate sixty 60 day period. Page 20 of 25 20684/l/7047081vl ARTICLE XIX INSPECTION AND ACCEPTANCE 19.1 Inspection of Professional Services. The County's Representative may, at any time or place, inspect the services performed and the work products, including documents and reports. No matter what type of contract is employed, and in addition to any specific standards of quality set out in th is agreement, the County's Representative may reject any services or products that do not meet the requirements of this Comprehensive Agreement. No payment will be due for any services or products rejected under this clause. 19.2 Inspection and Acceptance. a. County inspection and testing of materials and workmanship will be made at reasonable times at the site of the Work or off the site as agreed upon by the parties. Off—site inspection or testing does not relieve the Private Entity of responsibility for damage to or loss of the material prior to acceptance, nor in any way affect the continuing rights of the County after acceptance of the completed Work under the terms of paragraph f of this section. b. The Private Entity must, without charge, replace any material or correct any workmanship found by the County not to conform to the Agreement requirements, unless the County consents to accept such material or workmanship with an appropriate adjustment in Agreement price. The Private Entity must promptly segregate and remove rejected material from the premises. c. If the Private Entity does not promptly replace rejected material or correct rejected workmanship, the County may upon seven (7) day written notice and ten (10) period to cure, by contract or otherwise, replace or correct it and charge the cost to the Private Entity. d. The County may examine completed Work by removing or tearing it out. The Private Entity must replace or correct any Work found not to conform to Agreement requirements. If Work is torn out and found to comply with Agreement requirements, the County's Representative must make an equitable adjustment for the Services provided for the inspection and replacement of the Work. e. The County will inspect the Work as soon as practicable after completion. f. The Private Entity is responsible maintain an acceptable inspection system or follow County directions to replace or correct incorrect or defective items, which are material to completion of the Work as required by this Agreement. 19.3 Technical Supervision. The County reserves the right to use qualified personnel under contract to the County, to provide technical supervision. 19.4 Approval of Design. a. The County's Representative must approve all final Plans and Specifications. The County's Representative's review will be primarily for general arrangement and compliance with County requirements included as part of the Agreement. County's Representative's approval shall not be construed as: 1 . Permitting any departure from the Agreement requirements, without specific prior written approval. 2. Relieving the Private Entity of responsibility for any errors including, but not limited to, details, dimensions and materials-, 3. Relieving the Private Entity of responsibility for compliance with all applicable codes of local, state, or federal codes, regulations and laws. b. After approval of Plans and Specifications, the Private Entity shall be responsible for revising Plans and Specifications to correct all deficiencies from requirements of this Agreement. Copies of revised Plans and Specifications will be furnished to the County's Representative. There will be no modification to any fee or to the GMP to the Agreement, as a result of corrections of such deficiencies. 19.5 Project Closeout. Unless specified for an earlier date elsewhere in this Agreement, the Private Entity must process all documents, changes, claim submissions, complete all Project closeout items, provide warranties, as -built drawings, and submit a final report certifying that this action has been taken not later than sixty (60) days after the date of Substantial Completion. ARTICLE XX MISCELLANEOUS 20.1 Representations and warranties of authority. a. Private Entity represents and warrants that it has legal authority to enter into this Agreement and perform all of its obligations herein, that all Work under this Agreement shall be performed by appropriately licensed entities or individuals when required, and that the execution of this Agreement by it has been duly and properly authorized. As a condition to this Agreement's effectiveness, Private Entity shall provide to County a certificate in form and with attachments satisfactory to County showing to County's satisfaction Private Entity's legal existence and authority to enter into this Agreement. b. County represents and warrants that it has legal authority to enter into this Agreement and perform all its obligations herein and that the execution of this Agreement by it has been duly and properly authorized, including approval by the local governing body in accordance with Va. Code § 56--575.16 (as evidenced by the signature of approval on behalf of County affixed to this Agreement). 20.2 Nondiscrimination. a. During the performance of this Agreement, the Private Entity agrees as follows: (1) The Private Entity will not discriminate against any Subcontractor, employee, or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by State law relating to discrimination in Page 21 of 25 20684/l/7047081vl employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Private Entity. The Private Entity agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (2) The Private Entity, in all solicitations or advertisements for employees placed by or on behalf of the Private Entity, will state that such Private Entity is an equal employment opportunity employer. (3) Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. b. The Private Entity will include the provisions of the foregoing Subsections a (1 ), (2), and (3) in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. c. Pursuant to the Code of Virginia, Section 2.2-4343.1, be advised that the County of Roanoke does not discriminate against faith - based organizations. 20.3 Drug -Free Workplace. a. During the performance of this Contract, the Contractor agrees to (i) provide a drug-free workplace for the Contractor's employees-, (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition-, (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace-, and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor. b. For the purpose of this section, "drug-free workplace" means a site for the performance of Work done in connection with a specific contract awarded to a Contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the Contract. c. The Contractor shall post a copy of the policy in a conspicuous place at the jobsite and assure that all Contractor, subcontractor, and supplier personnel entering the jobsite are informed of the policy. 20.4 Notices. a. All notices and demands by any party to any other shall be given in writing and sent by a nationally -recognized, overnight courier or by United States certified mail, postage prepaid, return receipt requested, and addressed as follows: To the County: Mr. Richard Caywood Assistant County Administrator County of Roanoke 5204 Bernard Drive Roanoke, Virginia 24018 540-772-2017 (office) 540-772-2193 (fax) With a copies to: To Private Entity: James Nicholson HHHunt 1401 Sunday Drive, Suite 109 Raleigh, North Carolina 27607 919-461-0587 To Architect Engineer: John Neel, P.E. Gay and Neel, Inc. 1260 Radford Street Christiansburg, Virginia 24073 540-239-8174 and Brian Wagner Ecosystem Services, LLC 2092 nd Street, SW, Suite 2A Charlottesville, Virginia 22902 804-432-6805 b. Any party may, upon prior notice to the others, specify a different address for the giving of notice. Notices shall be effective one day after sending if sent by overnight courier or three (3) days after sending if sent by certified mail, return receipt requested. Page 22 of 25 20684/l/7047081vl 20.5 Successors and assigns. Except as expressly otherwise provided, all of the terms, covenants and conditions hereof shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. This Agreement may not be assigned without the prior written consent of the parties to this Agreement. Nothing in this Agreement shall be construed to confer a benefit on to a third party. 20.6 No Waiver. The failure of County or Private Entity to insist upon the strict performance of any provisions of this Agreement, the failure of either to exercise any right, option or remedy hereby reserved, or the existence of any course of performance hereunder shall not be construed as a waiver of any provision hereof or of any such right, option or remedy or as a waiver for the future of any such provision, right, option or remedy or as a waiver of a subsequent breach thereof. The consent or approval by County of any act by Private Entity requiring County's consent or approval shall not be construed to waive or render unnecessary the requirement for County's consent or approval of any subsequent similar act by Private Entity. No provision of this Agreement shall be deemed to have been waived unless such waiver shall be in writing signed by the party to be charged. 20.7 Severability If any term or provision of this Agreement shall be determined to be invalid or unenforceable in any respect, it shall be replaced with a substantially similar provision to the greatest extent possible and the Agreement shall remain in full force and effect. 20.8 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of such counterparts together shall be deemed to be one and the same instrument. It shall not be necessary in making proof of this Agreement or any counterpart hereof to produce or account for the other counterpart. 20.9 Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia. Venue for any litigation arising from this Agreement shall only be proper in the Circuit Court of Roanoke County, Virginia or in the General District Court of Roanoke County, Virginia if the amount in controversy is within the jurisdictional limit of such court, and all parties to this Agreement voluntarily submit to the jurisdiction and venue of such courts, regardless of the actual location of such parties. The provisions of this Agreement shall not be construed in favor of or against either party but shall be construed according to their fair meaning as if both parties jointly prepared this Agreement. 20.10 Annual Appropriation And Plan Of Finance. The financial obligations of the County contained in this Agreement are subject to the award and execution of a Stormwater Local Assistance Grant from the Commonwealth of Virginia (administered by the Department of Environmental Quality) in an amount of $278, 950 and annual appropriation and availability of funds for the Project. Private Entity shall cooperate in executing any documents reasonably necessary to aid County in implementing its plan of finance for the Project. The Private Entity shall pay to the County the sum of $300,000 upon the approval and execution of this Comprehensive Agreement. This sum shall serve as the matching funds for the Stormwater Local Assistance Grant. 20.11 Financial Statements. Private Entity agrees to provide County with copies of its complete and current financial statements upon reasonable written request by County. The Private Entity may designate such financial statements as confidential proprietary information exempt from release under the Virginia Freedom of Information Act by following the procedure for such designation indicated in the County's PPEA implementation procedures. 20.12 Copy of agreement to auditor of public accounts. County shall submit a copy of this Agreement to the Virginia Auditor of Public Accounts within thirty (30) days of its effective date. 20.13 Approval by Roanoke County as a Condition Precedent to Agreement's Effectiveness. It shall be a condition precedent to this Agreement's effectiveness that it first be approved by the Board of Supervisors of the County of Roanoke, Virginia. 20.14 Certifications. Private Entity has executed and provided to County a Vendor's Certification (Exhibit H) contemporaneously with the execution of this Agreement. Private Entity shall require all subcontractors who will perform more than $10,000.00 of Work pursuant to this Agreement to execute this document (Exhibit H) prior to commencement of such subcontractor's Work. 20.15 Ethics in Public Contracting The provisions, requirements, and prohibitions as contained in Sections 2.24367 through 2.24377, of the Va. Code, pertaining to bidders, offerors, contractors, and subcontractors are applicable to this Agreement. 20.16 Headings The captions and headings in this Agreement are for convenience and reference purposes only and shall not affect in any way the meaning and interpretation of this Agreement. 20.17 Minority & Women -Owned Business Enterprise and Small Business Certification Page 23 of 25 411101.11 YA Frill, 111111.10 The Private Entity shall use reasonable efforts to use minority and women -owned business enterprises and small businesses for Work on the Project and if utilized on the Project, the Private Entity shall complete and submit the "Minority & Women -Owned Business Enterprise and Small Business Certification" form from time to time as requested by the County's Representative. Failure to complete and sign this statement is considered a material violation of the Agreement. 20.18 Entire Agreement. This Agreement and the attachments and exhibits attached hereto and forming a part hereof set forth all the covenants, promises, agreements, conditions and understandings between Private Entity and County concerning the Project, and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between them other than are herein set forth. No alteration, amendment, change or addition to this Agreement shall be binding upon Private Entity or County unless reduced to writing and signed by each party. Extracts from Private Entity's Conceptual Phase and Detailed -Phase proposals at Exhibit B are attached and incorporated by reference for purposes of providing details concerning the overall intent of the parties. However, Exhibit B is not intended to contradict this Agreement, and in the event of inconsistencies, this Agreement shall control. SIGNATURE PAGE TO FOLLOW Page 24 of 25 20684/l/7047081vl IN WITNESS WHEREOF, the parties hereto have signed this Agreement by their duly authorized representatives. HHHunt County of Roanoke, Virginia By: By: Title Title: Appropriation and Funds Required Authorized by Resolution No. for this Agreement Certified Director/Deputy Director of Finance Date Account#: Approved as to form: County Attorney/Assistant County Attorney Page 25 of 25 20684/l/7047081vl 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: April 28, 2015 AGENDA ITEM: Ordinance accepting and appropriating $24,000 from the Virginia Department of Education to Roanoke County Public Schools for the Science, Technology, Engineering and Mathematics (STEM) Teacher Recruitment and Retention Incentive Initial and Continuing Awards SUBMITTED BY: Rebecca Owens Director of Finance APPROVED BY: Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County Public Schools received Notification of Grant Award for the Science, Technology, Engineering and Mathematics (STEM) Teacher Recruitment and Retention Incentive Program in the amount of $24,000. In the 2012-2013 school year, two (2) Roanoke County Public School teachers were selected to participate in the "pilot" STEM Teacher Recruitment and Retention Incentive Initial Awards by the Virginia Department of Education (Cohort 1). The teachers were employed full-time as either a middle or high school teacher of mathematics, physics or technology education. For the 2012-2013 school year, these two teachers received initial awards of $5,000. As a follow-up to the 2012-2013 school year award, both teachers received the continuing incentive award of $1,000 during the 2013-2014 school year. For the 2014-2015 school year, these two (2) teachers are now eligible to receive a retention bonus of $1,000 for completing the school year and receiving a satisfactory performance evaluation. During the 2013-2014 school year, Cohort 2 was established and those teachers received the initial award of $5,000. Cohort 2 is now eligible for the retention incentive. In total Page 1 of 2 twelve (12) teachers are eligible to receive the$ 1,000 continuing incentive award in 2014- 2015 as they complete their second year of teaching and receive a satisfactory performance evaluation. During the 2014-2015 school year, Cohort 3, which includes two new teachers, will receive the initial grant award of $5,000. All teachers (Cohort 1, 2, and 3) are assigned to a qualifying STEM subject in which the teacher is endorsed. Bonuses are taxable to the recipient, and the school division assumes responsibility for ensuring all taxes are remitted. The STEM Teacher Recruitment and Retention Incentive Continuing Awards will be funded contingent upon the availability of funding. Teachers must successfully complete the year of teaching with a satisfactory performance evaluation. FISCAL IMPACT: There are no matching funds required forthis award. All funds are provided bytheVirginia Department of Education in support of this initiative. ALTERNATIVES: To appropriate $24,000 from the Virginia Department of Education to Roanoke County Public Schools for the Science, Technology, Engineering, and Mathematics (STEM) Teacher Recruitment and Retention Incentive Initial and Continuing Awards. 2. Do not appropriate the awards. STAFF RECOMMENDATION: Staff recommends approval of the first reading of this ordinance and scheduling the second reading for May 12, 2015. Page 2 of 2 04/10/2015 FRI 9:50 FAX 540 562 3995 Z 001/003 maw a TO: AmW LtLx�vvOli�,, EtvuaKZUILAK,� St FROM: RtbecerOf E25tw000l, Asst. Sat. �tixmMi& N �W'F- C -P, OF PAC, G -S TO FO L -LOW: 2 C,OMMeNTS: Tiect-se see tbe cittocbed owArot v,,otLYArpt'bovkAetter rec4ardt&o sram. C)v,.e (—:L) twoker's VLCtvve W�as removed, otsshe Lolvk't o1L'caLVw. T -kat 'LS the �s s ated ovvtke Letter. 04/10/2015 FRI 9:50 FAX 540 562 3995 DEPARTMENT OF EDUCATION P.O. BOX 2120 RICHMOND, VA 23218-2120 December 11, 2014 Dr. Lorraine Lange Superintendent Roanoke County Public Schools 5937, Cove Road, NW Roanoke, VA 24019-2403 Dear Dr. Lange: Z 002/003 Enclosed is the Notification of Grant Award for the Science, Technology, Engineering, -D - atics (STEM) Teacher Recruitment and Retention Incentive Program in the amount The list of the teacher(s) from your school division selected to participate is attached $ '0 Oi aw to rtI4762 ard. Please notify the teacher(s) of this selection. Please verify that each teacher is still employed with your school division. If a listed teacher is no longer employed with your school division, please notify Dr. Mark R. Allan, director of licensure and school leadership, immediately at Mark.Allangdoe.virainia.gov or (804) 371-2471, The award is contingent upon the adherence to the information specified in Section 10. Special Instructions/Conditions of the Notification of Grant Awards. The STEM Teacher Recruitment and Retention Incentive Awards will be funded contingent upon the availability of funding. Successful teachers participating in the incentive program will be eligible to receive a $5,000 initial incentive after the completion of the first year of teaching with a satisfactory performance* evaluation and a contract for the following year in your division. Teachers who have previously received an initial STEM Incentive Award will be eligible to receive a $ 1,000 continuing award after the completion of a second or third year of teaching with a satisfactory performance evaluation and a contract for the following year in your division, Bonuses are taxable to the recipient, and the school division assumes responsibility for ensuring all taxes are remitted. State funds will be provided to school divisions on a reimbursement basis for actual expenses not to exceed the grant funds awarded to the division. A reimbursement form and procedures for reimbursement will be provided by the Virginia Department of Education (VDOE). Reimbursement reguests must be submitted to be received by the VDOE no later than June 5, 2015. 04/10/2015 FRI 9:50 FAX 540 562 3995 Dr. Lorraine Lange December 11, 2014 Page Two Z 003/003 If you have any questions regarding the grant awards for the STEM Teacher Recruitment and Retention Incentive Awards, please do not hesitate to contact me at Mark.Allangdoe.virginia.gov or (804) 371-2471. Sincerely, Mark R. Allan, Ph.D. Director, Office of Licensure and School Leadership BoardDocsi) Pro Agenda Item Details Meeting Mar 26, 2015 - Roanoke County School Board Meeting Page I of 2 Category 8. CONSENT AGENDA Subject 8.03 Appropriation of the Science, Technology, Engineering, and Mathematics (STEM) Teacher Recruitment and Retention Incentive Awards Type Information Backciround RCPS received Notification of Grant Award for the Science, Technology, Engineering, and Mathematics (STEM) Teacher Recruitment and Retention Incentive Program in the amount of $24,000. The following fourteen teachers will receive $1,000 dollars as part of the continuing incentive from the VDOE: Cohort 1: Anderson, Travis Butzer, Katrina Cohort 2: Breclenkamp, Elizabeth] Colvin, Kristen Franz, Elizabeth Greenway, Bradley Hughes, Maggie Jones, Catherine Long, Emily McCarty, Dustin McGrath, Barbara Nichols, Jamie Reeder, Courtney Weisenborn, Madison Cohort 3: New Initial Grant for the following 2 Teachers ($5,000) Carr, Stephanie Martin, Carly In the 2012-13 school year, two RCPS teachers were selected to participate in the "pilot" STEM Teacher Recruitment and Retention Incentive Initial Awards by the Virginia Department of Education (Cohort 1- Anderson and Butzer). The teachers selected were employed full-time as either a middle or high school teacher of mathematics, physics, or technology education. During the 2012-13 school year, the two teachers from Cohort 1 received the initial award of $5,000 http://www.boarddocs.com/vsba/roecnty/Board.nsf/Public 4/9/2015 BoardDocsl) Pro Page 2 of 2 dollars. During the 2014-15 school year, the teachers are now eligible to receive $1,000 retention bonus for completing the school year and receiving a satisfactory performance evaluation. During the 2013-14 school year, Cohort 2 was established and the following teachers were identified (Bredenkamp, Colvin, Franz, Greenway, Hughes, 3ones, Long, McCarty, McGrath, Nichols, and Reeder) to receive the initial grant of $5,000. Cohort 2 is now eligible for the retention incentive and these teachers are now eligible to receive a $1,000 continuing incentive award in 2014-15 as they complete their second year of teaching and receive a satisfactory performance evaluation. During the 2014-15 school year, Cohort 3 includes two new teachers to receive the initial grant award of $5,000 dollars. All teachers (cohorts 1,2, and 3) are assigned to a qualifying STEM subject in which the teacher is endorsed. Bonuses are taxable to the recipient, and the school division assumes responsibility for ensuring all taxes are remitted. The STEM Teacher Recruitment and Retention Incentive Continuing Awards will be funded contingent upon the availability of funding. Teachers must successfully complete the year of teaching with a satisfactory performance evaluation. http://www.boarddocs.com/vsba/roecnty/Board.nsf/Public 4/9/2015 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 28, 2015 ORDINANCE ACCEPTING AND APPROPRIATING $24,000 FROM THE VIRGINIA DEPARTMENT OF EDUCATION TO ROANOKE COUNTY PUBLIC SCHOOLS FOR THE SCIENCE, TECHNOLOGY, ENGINEERING AND MATHMATICS (STEM) TEACHER RECRUITMENT AND RETENTION INCENTIVE INITIAL AND CONTINUING AWARDS WHEREAS, The Virginia Department of Education funds the Science, Technology, Engineering, and Mathematics (STEM) Teacher Recruitment and Retention Incentive Continuing Awards; and WHEREAS, The Virginia Department of Education has awarded continuing incentive awards totalling $24,000 to eligible recipients-, and WHEREAS, two (2) Roanoke County teachers who received the initial award in 2012-2013 school year have been selected to receive the retention bonus in 2014-2015 school year-, and WHEREAS, twelve (12) Roanoke County teachers who received the initial award in the 2013-2014 school year have been selected to receive the continuing incentive in 2014-2015 school year; and WHEREAS, two (2) Roanoke County teachers were selected to receive the initial award in 2014-2015 school year-, and WHEREAS, The Virginia Department of Education recognizes that the teacher will be eligible to receive the award after completing a second year of teaching in an assigned qualifying STEM subject and receive a satisfactory performance evaluation; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance-, and Page 1 of 2 WHEREAS, first reading of this ordinance was held on April 28, 2015, and the second reading was held on May 12, 2015. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows.. 1. That the sum of $24,000 is hereby accepted and appropriated to the Roanoke County School Board for the continuing incentive from the Virginia Department of Education. 2. That this ordinance shall take effect from and after the date of adoption. Page 2 of 2 ACTION NO. ITEM NO. H.1-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 28, 2015 AGENDA ITEM: Appointments to Committees, Commissions and Boards SUBMITTED BY: Deborah C. Jacks Deputy Clerk to the Board APPROVED BY: Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Capital Improvement Program (CIP) Review Committee (appointed by 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. The following one-year terms expired on August 31, 2014: a) Jason B. Moretz, representing the Windsor Hills Magisterial District; Mr. Moretz is eligible for reappointment 2. Economic Development Authority (appointed by District) The following four-year term expired on September 26, 2014: a) Paul Henkel, representing the Hollins Magisterial District; Mr. Henkel is eligible for reappointment 3. Parks, Recreation and Tourism Advisory Commission (appointed by District) Atul Patel, representing the Windsor Hills Magisterial District has resigned his appointment effective August 27, 2014. His appointment was a three (3) -year term that expires on June 30, 2015. 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, APRIL 28, 2015 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM 11- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows.. That the certain section of the agenda of the Board of Supervisors for December 10, 2013, 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 3 inclusive, as follows: 1. Approval of minutes — March 24, 2015 2. Resolution accepting Old Mill Plantation Drive, Nandina Drive, Grape Holly Lane, Willow Leaf Circle and Burkwood Circle into the Virginia Department of Transportation Secondary System 3. Resolution granting a waiver to the American Cancer Society and Relay for Life of Vinton under Section 13-23 of the Roanoke County Code to the provisions of the County's Noise Ordinance, Article 11. Noise of Chapter 13. Offenses - Miscellaneous, Vinton Magisterial District 4. Request to accept and allocate grant funds in the amount $7,234.26 from the Commonwealth of Virginia to the Clerk of the Circuit Court for fiscal year 2014/2015 Page 1 of 1 ACTION NO. ITEM NO. 1-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 28, 2015 AGENDA ITEM: SUBMITTED BY: APPROVED BY: Resolution accepting Old Mill Plantation Drive, Nandina Drive, Grape Holly Lane, Willow Leaf Circle and Burkwood Circle into the Virginia Department of Transportation Secondary System Tarek Moneir Deputy Director, Development Services Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The resolution requests the Virginia Department of Transportation to accept into the secondary road system two (2.0) miles of Old Mill Plantation Drive, Nandina Drive, Grape Holly Lane, Willow Leaf Circle and Burkwood Circle in Old Mill Plantation Section 1 & 2 into the Secondary Road System as described by the AM -4.3 form attached. The two (2) miles of roads are described by the AM -4.3 as follows- (1) 0.45 miles of Old Mill Plantation Drive from the intersection of Route 221 to the intersection of Route 1482 (Nandina Drive); (2) 0.16 miles of Nandina Drive from the intersection of Route 1483 (Grape Holly Lane) to the end of its cul-de-sac; (3) 0.07 miles of Grape Holly Lane from the intersection of Route 1482 (Nandina Drive) to the intersection of Route 1484 (Burkwood Circle); (4) 0.13 miles of Nandina Drive from the intersection of Route 1485 (Willow Leaf Circle) to the intersection of route 1483 (Grape Holly Lane); (5) 0.11 miles of Old Mill Plantation Drive from the intersection of route 1482 (Nandina Drive) to the intersection of Route 1483 (Grape Holly Lane); (6) 0.10 miles of Nandina Drive from the intersection of route 1483 (Grape Holly Lane) to the intersection of route 1485 (Willow Leaf Circle); (7) 0.06 Miles of Grape Holly Lane from the intersection of Route 1481 (Old Mill Plantation Drive) to the intersection of Route 1482 (Nandina Drive); (8) 0.05 Miles of Grape Holly Lane from the intersection of Route 1482 (Nandina Drive) to the end of its Page 1 of 2 cul-de-sac-, (9) 0.11 Miles of Willow Leaf Circle from the intersection of Route 1482 (Nandina Drive) to the end of its cul-de-sac-, (10) 0.04 Miles of Burkwodd Circle from the intersection of Route 1483 (Grape Holly Lane) to the end of its cul-de-sac; (11) 0.65 Miles of Nandina Drive from the intersection of Route 1481 (Old Mill Plantation Drive) to the intersection of Route 1483 (Grape Holly Lane); (12) 0.07 Miles of Grape Holly Lane from the intersection of route 1484 (Burkwood Circle) to the intersection of Route 1481 (Old Mill Plantation Drive). Old Mill Plantation Drive, Nandina Drive, Grape Holly Lane, Willow Leaf Circle and Burkwood Circle are located in the Windsor Hills Magisterial District. See exhibits A, B and C for exact locations. Staff has inspected these segments of the roads along with representatives of the Virginia Department of Transportation and found the roads meets standards for acceptance into the secondary road network. FISCAL IMPACT: No County funding is required. STAFF RECOMMENDATION: The staff recommends that the Board approve a resolution to VDOT requesting that they accept Old Mill Plantation Drive, Nandina Drive, Grape Holly Lane, Willow Leaf Circle and Burkwood Circle into the Secondary Road System. Page 2 of 2 ......................................... In.the.County. of Roanoke ......................................... ... ... ....... ......... .... By resolution of the governing body adopted April 28, 2015 Thefollowing VDOTFormAM-4.3 is hereby attached and incorporated as part of the governing body's resolutionfor changes in the secondary system ofstate highways. A Copy Testee Signed (County Official). - Report of Changes in the Secondary System of State Highways Project/Subdivision Old Mill Plantation Ph 1 Type Change to the Secondary System of State Highways: Addition The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.2-705 Street Name and/or Route Number + Old Mill Plantation Drive , State Route Number 1481 Old Route Number: 0 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - 0 From: Int. Rt. 221 To: Int. Rt. 1482, Nadina Drive, a distance of: 0.45 miles. Recordation Reference: Inst. #: 2007-09436 Right of Way width (feet) = 0 Street Name and/or Route Number + Nandina Drive, State Route Number 1482 Old Route Number: 0 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - 0 From: Int. Rt. 1483, Grape Holly Lane To: End Cul-de-sac, a distance of: 0. 16 miles. Recordation Reference: Inst. #: 2007-09436 Right of Way width (feet) = 0 Street Name and/or Route Number + Grape Holly Lane, State Route Number 1483 Old Route Number: 0 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - 0 From: Int. Rt. 1482. Nandina Drive To: Int. Rt. 1484, Burkwood Circle, a distance of: 0.07 miles. Recordation Reference: Inst. #: 2007-09436 Right of Way width (feet) = 0 VDOT Form AM -4.3 (4/20/2007) Maintenance Division Date of Resolution: April 28, 2015 Page I of 3 Street Name and/or Route Number + Nandina Drive, State Route Number 1482 Old Route Number: 0 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - 0 From: Int. Rt. 1485, Willow Leaf Circle To: Int. Rt. 1483, Grape Holly Lane, a distance of: 0.13 miles. Recordation Reference: Inst. #: 2007-09436 Right of Way width (feet) = 0 Street Name and/or Route Number + Old Mill Plantation Drive , State Route Number 1481 Old Route Number: 0 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - 0 From: Int. Rt. 1482, Nandina Drive To: Int. Rt. 1483, Grape Holly Lane, a distance of: 0. 11 miles. Recordation Reference: Inst. #: 2007-09436 Right of Way width (feet) = 0 Street Name and/or Route Number Nandina Drive, State Route Number 1482 Old Route Number: 0 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - 0 From: Int. Rt. 1483, Grape Holly Lane To: Int. Rt. 1485, Willow Leaf Circle, a distance of: 0.10 miles. Recordation Reference: Inst. #: 2007-09436 Right of Way width (feet) = 0 Street Name and/or Route Number + Grape Holly Lane, State Route Number 1483 Old Route Number: 0 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - 0 From: In. Rt. 1481, Old Mill Plantation Drive To: Int. Rt. 1482, Nadina Drive, a distance of: 0.06 miles. Recordation Reference: Inst. #: 2007-09436 Right of Way width (feet) = 0 Street Name and/or Route Number Grape Holly Lane, State Route Number 1483 Old Route Number: 0 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - 0 From: Int. Rt. 1482, Nandina Drive To: End Cul-de-sac, a distance of: 0.05 miles. Recordation Reference: Inst. #: 2007-09436 Right of Way width (feet) = 0 Street Name and/or Route Number + Willow Leaf Circle, State Route Number 1485 Old Route Number: 0 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - 0 From: Int. Rt. 1482, Nandina Drive To: End Cul-de-sac, a distance of: 0.11 miles. Recordation Reference: Inst. #: 2007-09436 Right of Way width (feet) = 0 VDOT Form AM -4.3 (4/20/2007) Maintenance Division Date of Resolution: Page 2 of 3 Street Name and/or Route Number + Burkwood Circle, State Route Number 1484 Old Route Number: 0 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - 0 From: Int. Rt. 1483, Grape Holly Lane To: End Cul-de-sac, a distance of: 0.04 miles. Recordation Reference: Inst. #: 2007-09436 Right of Way width (feet) = 0 Street Name and/or Route Number + Nandina Drive, State Route Number 1482 Old Route Number: 0 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - 0 From: Int. Rt. 1481, Old Mill Plantation Drive To: Int. Rt. 1483, Grape Holly Lane, a distance of: 0.65 miles. Recordation Reference: Inst. #: 2007-09436 Right of Way width (feet) = 0 Street Name and/or Route Number + Grape Holly Lane, State Route Number 1483 Old Route Number: 0 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - 0 From: Int. Rt. 1484, Burkwood Circle To: In. Rt. 1481, Old Mill Plantation Drive, a distance of: 0.07 miles. Recordation Reference: Inst. #: 2007-09436 Right of Way width (feet) = 0 VDOT Form AM -4.3 (4/20/2007) Maintenance Division Date of Resolution: Page 3 of 3 Exhibit A NORTH PROPOSED ADDITION(S) SHOWN IN BLUE DESCRIPTION LENGTH ROW WIDTH SERVICES As listed in the AM -4.3 Miles Feet Feet Houses 1. Old Mill Plantation Drive; From: Int. of Rt. 221, To: Int. of Rt. 1482 (Nandina Dr.) 0.45 46 38 11 2. Nandina Drive; From: Int. of Rt. 1483 (Grape Holly Ln.) To: End Cul-de-sac 0.16 44 36 7 3. Grape Holly Ln.; From: Int. of Rt. 1482 (Nandina Dr.) To: Int. of Rt. 1484 (Burkwood Circle) 0.07 44 36 3 4. Nandina Dr.; From: Int. of Rt. 1485 (Willow Leaf Circle) To: Rt. 1483 (Grape Holly Ln.) 0.13 44 36 5 ROANOKE COUNTY ACCEPTANCE OF OLD MILL PLANTATION DRIVE, NANDINA DEPARTMENT OF DRIVE, GRAPE HOLLY LANE, WILLOW LEAF CIRCLE AND BURKWOOD CIRCLE INTO THE VIRGINIA DEPARTMENT OF COMMUNITY DEVLOPMENT TRANSPORTATION SCONDARY SYSTEM Exhibit B NORTH PROPOSED ADDITION(S) SHOWN IN BLUE DESCRIPTION LENGTH ROW WIDTH SERVICES As listed in the AM -4.3 Miles Feet Feet Houses 5. Old Mill Plantation Drive; From: Int. of Rt. 1482, To: Int. of Rt. 1483 (Grape Holly Ln.) 0.11 46 38 4 6. Nandina Drive; From: Int. of Rt. 1483 (Grape Holly Ln.) To: Rt. 1485 (Willow Leaf Circle) 0.10 44 36 1 7. Grape Holly Ln.; From: Int. of Rt. 1481 (Old Mill Plantation Dr.) To: Int. of Rt. 1482 (Nandina Dr.) 0.06 44 36 3 8. Grape Holly Ln.; From: Int. of Route 1482 (Nandina Dr.) To: End Cul-de-sac 0.05 44 36 4 ROANOKE COUNTY ACCEPTANCE OF OLD MILL PLANTATION DRIVE, NANDINA DEPARTMENT OF DRIVE, GRAPE HOLLY LANE, WILLOW LEAF CIRLCE AND BURKWOOD CIRCLE INTO THE VIRGINIA DEPARTMENT OF COMMUNITY DEVLOPMENT TRANSPORTATION SCONDARY SYSTEM Exhibit C NORTH DESCRIPTION LENGTH ROW WIDTH SERVICES As listed in the AM 4.3 Miles Feet Feet Houses 9. Willow Leaf Circle; From: Int. of Rt. 1482 (Nandina Dr.), To: End Cul-de-sac 0.11 40 28 8 10. Burkwood Circle; From: Int. of Rt. 1483 (Grape Holly Ln.) To: End Cul-de-sac 0.04 40 28 4 11. Nandina Dr.; From: I nt. of Rt. 1481 (Old Mill Plantation Dr.) To: Int. of Route 1483 (Grape Holly Ln.) 0.65 40 28 24 12. Grape Holly Ln.; From: Int. of Rt.1484 (Burkwood Circle) To: Route 1481 (Old Mill Plantation Dr.) 0.07 44 36 1 ROANOKE COUNTY ACCEPTANCE OF OLD MILL PLANTATION DRIVE, NANDINA DEPARTMENT OF DRIVE, GRAPE HOLLY LANE, WILLOW LEAF CIRLCE AND BURKWOOD CIRCLE INTO THE VIRGINIA DEPARTMENT OF COMMUNITY DEVLOPMENT TRANSPORTATION SCONDARY SYSTEM AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 28, 2015 RESOLUTION ACCEPTING OLD MILL PLANTATION DRIVE, NANDINA DRIVE, GRAPE HOLLY LANE, WILLOW LEAF CIRCLE AND BURKWOOD CIRCLE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Addition Form AM -4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County-, and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999 for comprehensive stormwater detention, which applies to this request for addition. NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street(s) described on the attached Additions Form AM -4.3 to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time-, and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage-, and BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded Page 1 of 2 to the Residency Administrator for the Virginia Department of Transportation. Page 2 of 2 ACTION NO. ITEM NO. 1-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 28, 2015 AGENDA ITEM: Resolution granting a waiver to the American Cancer Society and Relay for Life of Vinton under Section 13-23 of the Roanoke County Code to the provisions of the County's Noise Ordinance, Article 11. Noise of Chapter 13. Offenses - Miscellaneous SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The American Cancer Society and Relay for Life of Vinton have requested a waiver from the County's noise ordinance under Section 13-23 of the Roanoke County Code. The American Cancer Society and Relay for Life of Vinton are planning an annual overnight Relay for Life fundraiser at William Byrd High School beginning at 5-00 p.m. on Friday, May 1, 2014, and ending at 7-00 a.m. on Saturday, May 2, 2015. The County noise ordinance now prohibits noise as follows: Section 13-21 (5) Operating or permitting the use or operation of any instrument, machine or any other device for the production of sound at a volume sufficient to be plainly audible through partitions common to two (2) residences within a building or plainly audible at fifty (50) feet or more from such device or its source. This waiver would allow music and announcements overnight for this event. The attached resolution grants this waiver of the noise ordinance and authorizes the music and announcements to be made from 5-00 p.m. on May 1, 2015, to 7-00 a.m. on May 2, 2015. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends that the Board consider the adoption of the attached resolution. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 28, 2015 RESOLUTION GRANTING A WAIVER TO THE AMERICAN CANCER SOCIETY AND RELAY FOR LIFE OF VINTON UNDER SECTION 13-23 OF THE ROANOKE COUNTY CODE TO THE PROVISIONS OF THE COUNTY'S NOISE ORDINANCE, ARTICLE 111. "NOISE" OF CHAPTER 13. "OFFENSES -MISCELLANEOUS" WHEREAS, Relay For Life of Vinton, a fundraiser for the American Cancer Society, will be holding its annual overnight Relay For Life event at William Byrd High School for the Town of Vinton, Roanoke County, and the general public on Friday, May 1, 2015, from 5-00 p.m. to Saturday, May 2, 2015, at 7-00 a.m.; and WHEREAS, Relay for Life is held overnight to represent the journey of a cancer patient, and stress that cancer continues to exist even when the sun has set. In order to accommodate this atmosphere and bring the community together in the fight against cancer, American Cancer Society and Relay For Life of Vinton are requesting a waiver of the Roanoke County noise ordinance from 5-00 p.m. on Friday, May 1, 2015, to 7-00 a.m. on Saturday, May 2, 2015-1 and WHEREAS, Section 13-23 of the Roanoke County Code establishes certain standards for the Board of Supervisors to grant waivers from the provision of the Roanoke County noise ordinance to avoid undue hardship upon consideration of certain factors set forth in sub -section (b) of Section 13-23 and after making certain alternative findings. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: Page 1 of 2 1 . That the provisions of Section 13-21. Specific acts as noise, sub -section (5) and Section 13-20. General prohibition of Article 11. Noise be waived from 5-00 p.m., May 1, 2015, to 7-00 a.m., May 2, 2015. 2. That this waiver is granted specifically to The American Cancer Society and Relay for Life of Vinton for the Relay for Life fundraiser at William Byrd High School on May 1-2, 2015. Page 2 of 2 Page I of 3 Board of Supervisors - Relay for Life/ Wine & food Festival From: Vinton Area Chamber of Commerce <aclewis I 9@vintonchamber.com> To: <bos@roanokecountyva.gov> Date: 4/16/2015 12:12 PM Subject: Relay for Life/ Wine & food Festival WE'RE ALL Vni'T 0 D N 2015 VINTON RELAY FOR LIFE 2015 MAY 1, 2015 - 6:00 PM WILLIAM BYRD HIGH SCHOOL VINTON, VA 24179 At Relay For Life events, communities across the globe come together to honor cancer survivors, remember loved ones lost, and fight back against a disease that has already taken too much. The funds we raise truly make a difference in the fight against cancer just ask one of the nearly 14 million cancer survivors who will celebrate another birthday this year! file:///C:/Users/djacks/AppData/Local/Temp/XPgrpwise/552FA741POI DOMAINA-L P... 4/23/2015 ACTION NO. 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: AGENDA ITEM: SUBMITTED BY: APPROVED BY: April 28, 2015 Request to accept and allocate grant funds in the amount of $7,234.26 from the Commonwealth of Virginia to the Clerk of Circuit Court for fiscal year 2014/2015 Steven A. McGraw Clerk of Circuit Court Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Technology Trust Funds represent fees collected by the Roanoke County Circuit Court Clerk's Office and have been received from the State in the amount of $7,234.26. These funds have been earmarked for the purpose of maintenance of technology equipment. FISCAL IMPACT: Ordinance #052714-4 appropriated various grants, donations and other miscellaneous revenues for various functions and purposes for the 2014-2015 fiscal year. Funds in the amount of $7,234.26 will be allocated to the Technology Trust Fund account number 102817-5850 from State revenue account number 000135-0735. STAFF RECOMMENDATION: Staff recommends allocating $7,234.26 to the Clerk of Circuit Court for the fiscal year 2014/2015. Page 1 of 1 GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Amount Audited balance at June 30, 2014 $ 21,266,557 Addition of 2013-14 operations 532,638 K-1 % of General Fund Revenue 11.00% * Balance at April 28, 2015 $ 21,799,195 11.00% Note- On December 21, 2004, the Board of Supervisors adopted a policy to increase the General Fund Unappropriated Balance incrementally over several years. 2013-14 - Goal of 11 % of General Fund Revenues 2013-14 General Fund Revenues 11 % of General Fund Revenues 2014-15 - Goal of 11 % of General Fund Revenues 2014-15 General Fund Revenues 11 % of General Fund Revenues $193,332,334 $21,266,557 $198,174,499 $21,799,195 The Unappropriated Fund Balance of the County is currently maintained at the goal of 11.00%. Submitted By Rebecca E. Owens Director of Finance Approved By Thomas C. Gates County Administrator COUNTY OF ROANOKE, VIRGINIA CAPITAL RESERVES Minor County Capital Reserve (Projects not in the CIP, architecturallengineering services, and other one-time expenditures.) Audited balance at June 30, 2014 Addition of 2013-14 operations Fire Truck Loan Repayment for 2014-15 July 8, 2014 Appropriation for replacement of Financial System August 12, 2014 Appropriation for construction of Water Spheroid Water Tower Design March 24, 2015 Appropriation for the purchase of four automated solid waste vehicles Balance at April 28, 2015 K-2 Amount $ 3,407,630 605,096 300,000 (1,500,000) (200,000) ($1,000,000) $ 1,612,726 Mawor County Capital Reserve (Projects in the CIP, debt payments to expedite projects identified in CIP, and land purchase opportunities.) Audited balance at June 30, 2014 $ 1,295,364 Addition of 2013-14 operations 1,305,748 Balance at April 28, 2015 Technoloav Caoital Reserve $ 2,601,112 (Projects identified and prioritized by the Technology Governance Committee and approved by the County Administrator.) Audited balance at June 30, 2014 $ 121,137 Addition of 2013-14 operations 192,921 Balance at April 28, 2015 $ 314,058 Submitted By Rebecca E. Owens Director of Finance Approved By Thomas C. Gates County Administrator K-3 RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA Amount From 2014-2015 Original Budget $ 100,000 Addition from 2013-14 operations 28,231 June 10, 2014 Transfer funds for Special Assistant for Legislative Relations (33,080) October 14, 2014 Transfer funds to Hidden Valley High School for repairs to track (28,231) Submitted By Approved By Balance at April 28, 2015 $ 66,920 Rebecca E. Owens Director of Finance Thomas C. Gates County Administrator COUNTY OF ROANOKE, VIRGINIA CHANGES IN OUTSTANDING DEBT Changes in outstanding debt for the fiscal year to date were as follows: Outstanding June 30, 2014 Additions Deletions Outstanding April 28, 2015 K-4 General Obligation Bonds $ 6,150,390 $ - $ - $ 6,150,390 VPSA School Bonds 92,638,652 19,973,906 8,301,435 104,311,123 State Literary Loans 2,273,592 - 282,828 1,990,764 Lease Revenue Bonds 79,182,582 2,193,293 76,989,289 Capital Lease obligation 849,437 107,921 741,516 $ 181,094,653 $ 19,973,906 $ 10,885,477 - $ 190,183,082 Submitted By Rebecca E. Owens Director of Finance Approved By Thomas C. Gates County Administrator ACTION NO. ITEM NUMBER K.5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER. MEETING DATE: April 28, 2015 AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of 31 -Mar -15 SUMMARY OF INFORMATION: CASHINVESTMENT: SUNTRUST CON 2,346,036.80 2,346,036.80 GOVERNMENT: SCOTT STRINGFELLOW CONTRA 15,410.00 SCOTT STRINGFELLOW 58,011,558.06 WELLS FARGO 15,095,238.09 WELLS FARGO CONTRA (10,521.44) 73,111,684.71 LOCAL GOV'T INVESTMENT POOL: 2,507,489.89 GENERAL OPERATION 3,173,158.23 3,173,158.23 MONEY MARKET: BRANCH BANKING & TRUST 1,080,866.70 SCOTT STRINGFELLOW - JAIL 1,102,382.92 SCOTT STRINGFELLOW 11,911,183.41 UNION FIRST 3,070,228.00 VALLEY BANK 2,507,489.89 WELLS FARGO 4,387,911.89 24,060,062.81 TOTAL 102,690,942.55 04/28/2015 U) C LU cc CO 'o 0 4- .2 w 0 CL 0 a a) E 0 0) 0 U- E 0 0 CL U) — 4) 0 > U) m U) - 0 0 > U) M It It N r-- (D M M LO 0 It 't I- - 0 M r-- 00 0 rl- 0 't M r- 0 M M 0 M M LO LO M CD 00. r-. 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ITEM NO. K-8 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: April 28, 2015 F-IT44i W in 0 = ro B LTA F r& il W11 &I Rebecca E. Owens Director of Finance Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Payments to Vendors Payroll 03/13/15 Payroll 03/27/15 Manual Checks Grand Total Direct Deposit 1,229,782.30 1,142,438.41 Checks 60,019.24 54,730.37 3,724.64 Total $ 8,342,154.88 1,289,801.54 1,197,168.78 3,724.64 $ 10,832,849.84 A detailed listing of the payments to vendors is on file with the Clerk to the Board of Supervisors. Page 1 of 1 ACTION NO. ITEM NO. L-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 28, 2015 AGENDA ITEM: Work session to discuss proposed Operating and Capital budgets for fiscal year 2015-2016 and fiscal year 2016-2025 Capital Improvement Plan SUBMITTED BY: APPROVED BY: Deborah C. Jacks Deputy Clerk to the Board Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This time has been set aside for the Board of Supervisors to discuss the proposed Operating and Capital budgets for fiscal year 2015-2016 and the fiscal year 2016-2025 Capital Improvement Plan. Page 1 of 1 ACTION NO. ITEM NO. M-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 28, 2015 AGENDA ITEM: Proclamation proclaiming the month of May2015to beAsthma Awareness Month in Roanoke County SUBMITTED BY: Deborah C. Jacks Deputy Clerk to the Board APPROVED BY: Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Roanoke Valley Asthma and Air Quality Coalition has requested that the Board proclaim the month of May 2015 as Asthma Awareness Month in Roanoke County. Regina Rackow, President of the Greater Roanoke ValleyAsthma and AirQuality Coalition will attend the meeting to accept the proclamation. 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, APRIL 28, 2015 PROCLAMATION DECLARING THE MONTH OF MAY 2015 TO BE ASTHMA AWARENESS MONTH IN ROANOKE COUNTY WHEREAS, asthma has reached epidemic proportions in the United States, affecting almost 26 million people, and approximately 8,000 children and adults in Roanoke County-, and WHEREAS, about eight percent (8%) of all adults and ten percent (10%) of school-age children have asthma-, and WHEREAS, asthma is one of the leading causes of chronic illness, childhood hospitalizations and school absenteeism, accounting for nearly 10.5 million missed school days nationally each year-, and WHEREAS, the cost of hospitalizations and emergency room visits for asthma in Virginia is over 135 million dollars a year-, and WHEREAS, research and literature demonstrate that asthma -related hospitalizations and deaths are preventable with public awareness and asthma education to improve the knowledge of Virginians and healthcare professionals-, and WHEREAS, the Greater Roanoke Valley Asthma and Air Quality Coalition supports asthma management and control, public awareness and education in order to enable the communities to identify and reduce their exposures to environmental triggers in homes, schools and places of employment so they can decrease asthma episodes and risk of death. NOW, THEREFORE, WE, the Roanoke County Board of Supervisors do hereby proclaim the month of May 2015 as "Asthma Awareness Month" in Roanoke County. Page 1 of 1 ACTION NO. ITEM NO. M-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 28, 2015 AGENDA ITEM: Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Kenneth Broughman, Police Community Services Officer 11, upon his retirement after more than sixteen (16) years of service SUBMITTED BY: Deborah C. Jacks Deputy Clerk to the Board APPROVED BY: Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Mr. Kenneth Broughman, Police Community Services Officer 11, retired on February 1, 2015, after sixteen (16) years and six (6) months of service with Roanoke County. Mr. Broughman is expected to attend the Board meeting to receive his resolution and quilt. STAFF RECOMMENDATION: Staff recommends adoption 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, APRIL 28, 2015 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO KENNETH BROUGHMAN, POLICE COMMUNITY SERVICES OFFCER 11, UPON HIS RETIREMENT AFTER MORE THAN SIXTEEN (16) YEARS OF SERVICE WHEREAS, Kenneth Broughman was employed by Roanoke County on July 25, 1998-1 and WHEREAS, Mr. Broughman retired on February 1, 2015, after sixteen (16) years and six (6) months of devoted, faithful and expert service to Roanoke County-, and WHEREAS, Mr. Broughman, through his employment with Roanoke County, has been instrumental in improving the quality of life and providing services to the citizens of Roanoke County-, and WHEREAS, throughout Mr. Broughman's tenure with Roanoke County, he served as a Community Services Officer and developed many improvements to the animal control function of Roanoke County. He also served as a Firearms Instructor and was instrumental in improvements at the Roanoke County Firing Range. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to KENNETH BROUGHMAN for more than sixteen (16) 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. Page 1 of 1 ACTION NO. ITEM NO. N-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 28, 2015 AGENDA ITEM: Public hearing on the proposed fiscal year 2015-2016 operating budget and the fiscal year 2016-2025 Capital Improvements Program SUBMITTED BY: W. Brent Robertson Director of Management and Budget APPROVED BY: Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This time has been set aside for a public hearing forthe proposed annual budget forfiscal year 2015-2016 and the fiscal year 2016-2025 Capital Improvements Program. A summary of the proposed budget was advertised in the Roanoke Times on April 21, 2015, and a more detailed "proposed" budget document is available in all Roanoke County libraries. In addition, the proposed budget documents are posted on Roanoke County's website along with the County Administrator's budget presentation from April 21, 2015. Beginning late fall, the Board, County staff and School staff worked closely together to review revenue estimates, State funding issues, capital improvement projects and the major issues and other costs of operations. A joint work session between the Board of Supervisors and School Board was held in March and the School Board adopted their budget on March 26, 2015 and presented to the Board of Supervisors on April 28, 2015, for approval as required by State code. The remainder of the budget process is planned as follows: May 12, 2015 First reading of the Appropriation Ordinance; work session on the fiscal year 2015-2016 Proposed Budget and CIP (@ Board discretion) Page 1 of 2 May 26, 2015 Second reading of the Appropriation Ordinance; work session on proposed fiscal year 2015-2016 budget and CIP (@ Board discretion) May 26, 2014 Resolution adopting the fiscal year 2015-2016 budget and fiscal year 2016-2025 capital improvements plan Page 2 of 2