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."
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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
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BICYCLE RODEO, CAR TECH DEMO,
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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.
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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.
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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.
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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
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20150417-3022 FERC PDF (Unofficial) 04/17/2015
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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
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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
$ - $
-
$
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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
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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
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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 -
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Please explain how the project confornis to the general guidelines and policies contained in the Roanoke County Comniunity
Plan.
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7
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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
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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
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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
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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
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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
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Print Date: 01129/2015
Image Date: 12/14/2012
Level:Community
Page I of I
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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.
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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.
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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).
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, 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
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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
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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-,
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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.
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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
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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.
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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.
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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
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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.
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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.
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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:
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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.
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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.
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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
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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).
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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
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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
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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
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(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
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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.
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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
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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.
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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
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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
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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
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ACTION NO.
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.
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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)
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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
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