HomeMy WebLinkAbout6/14/2016 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 14, 2016
RESOLUTION 061416-1 APPROVING THE REORGANIZATION AND
EXPANSION OF THE ROANOKE VALLEY RESOURCE AUTHORITY
("AUTHORITY") BY PROVIDING THAT THE CITY OF SALEM, VIRGINIA,
JOIN THE AUTHORITY, APPROVING AND AUTHORIZING THE EXECUTION
OF AMENDED AND RESTATED ARTICLES OF INCORPORATION OF THE
ROANOKE VALLEY RESOURCE AUTHORITY TO ACCOMPLISH SUCH
JOINDER; AND AUTHORIZING THE APPROPRIATE PUBLIC OFFICIALS TO
TAKE ANY ACTIONS AND EXECUTE ANY DOCUMENTS NECESSARY TO
ACCOMPLISH SUCH MATTERS, ALL IN ACCORDANCE WITH THE
PROVISIONS OF THE CODE OF VIRGINIA (1950), AS AMENDED
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, the Council of the
City of Roanoke, Virginia, the Council of the Town of Vinton, Virginia, and the Council of the City
of Salem, Virginia, have determined that it is in their best interests to authorize the City of Salem
to become a member of the existing Roanoke Valley Resource Authority, pursuant to the
provisions of the Virginia Water and Waste Authorities Act, Chapter 51, Title 15.2, sections
15.2-5100, et seq. of the Code of Virginia (1950), as amended, ("Act"); and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, the Council of the
City of Roanoke, Virginia, the Council of the Town of Vinton, Virginia, and the Council of the City
of Salem, Virginia do by concurrent resolutions provide for the joinder of the City of Salem to the
Roanoke Valley Resource Authority pursuant to Section 15.2-5112 of the Act; and
WHEREAS, after proper advertisement, public hearings have been held in accordance
with the requirements of the Act; and
WHEREAS, the Roanoke Valley Resource Authority has, by resolution, expressed its
consent for the City of Salem to become a member of the existing Roanoke Valley Resource
Authority.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
Page 1 of 10
(1) The Board hereby determines that it is in the best interest of the citizens of the
County of Roanoke, Virginia, that the City of Salem, Virginia, join and become a member of the
Roanoke Valley Resource Authority and approves the terms of the Amended and Restated
Articles of Incorporation of the Roanoke Valley Resource Authority as contained in Section 6 of
this resolution.
(2) The Board hereby authorizes the Chairman of the Board and the Clerk to the
Board to execute and attest or witness, respectively, such Amended and Restated Articles of
Incorporation of the Roanoke Valley Resource Authority in a form substantially similar to those
set forth in Section 6 below, with such minor revisions and adjustments as the Chairman of the
Board or the County Administrator shall approve.
(3) The Board hereby agrees that the Authority shall be reorganized and expanded
in accordance with the terms of the Amended and Restated Articles of Incorporation of the
Roanoke Valley Resource Authority mentioned above upon the issuance of a Certificate of
Joinder and/or Restatement issued by the Virginia State Corporation Commission.
(4) The Board does hereby FIND as a matter of fact that inclusion in the Amended
and Restated Articles of Incorporation of the Roanoke Valley Resource Authority of preliminary
estimates of capital costs, proposals for any specific projects to be undertaken by the Authority,
and preliminary estimates of initial rates for services of such projects as certified by responsible
engineers is impractical.
(5) As provided for in the Amended and Restated Articles of Incorporation of the
Roanoke Valley Resource Authority, the Board hereby appoints the following five (5) persons to
be the County of Roanoke representatives and that such persons' initial terms will start on the
date of issuance by the Virginia State Corporation Commission of a Certificate of Joinder and/or
Restatement and expire on the dates indicated next to their names.
Page 2 of 10
County of Roanoke Appointees
NAME
ADDRESS
EXPIRATION OF INITIAL
TERM
Anne Marie Green
1216 Kessler Mill Road
12/31/2019
Salem, VA 24153
Rebecca Owens
P.O. Box 29800
12/31/2018
Roanoke, VA 24018
Keith Garman
8538 Bradshaw Road
12/31/2017
Salem, VA 24153
Dennis Nalley
8301 Berrybrook Drive
12/31/2017
Salem, VA 24153
Thomas C. Gates
5204 Bernard Drive
12/31/2019
Roanoke, Virginia 24018
Upon expiration of the initial term of office, and any future term of office, the Board shall appoint
a person (who can be the same person whose term expired) to be a member of the Board of the
Authority for four (4) years from the date of the initial expiring term and any future expiring term
of office. The total number of members that the County of Roanoke, Virginia, will have on the
Board of the Authority will be five (5) members.
(6) The Amended and Restated Articles of Incorporation of the Roanoke Valley
Resource Authority are set forth below. They shall be deemed amended, restated, and effective
upon the date of issuance of a Certificate of Joinder and/or Restatement by the Virginia State
Corporation Commission as provided for in Virginia Code Section 15.2-5112.
Page 3 of 10
AMENDED AND RESTATED ARTICLES OF INCORPORATION
OF THE ROANOKE VALLEY RESOURCE AUTHORITY
The Board of Supervisors of Roanoke County, the Town Council of the Town of Vinton,
the City Council of the City of Roanoke, and the City Council of the City of Salem have by
concurrent resolution adopted the following Amended and Restated Articles of Incorporation of
the Roanoke Valley Resource Authority pursuant to the Virginia Water and Waste Authorities
Act, Chapter 28, Title 15.2, sections 15.2-5100, et seq. of the Code of Virginia (1950), as
amended, ("Act"):
(1) The name of the Authority shall be the Roanoke Valley Resource Authority and
the address of its principal office is 1020 Hollins Road, N.E., Roanoke, Virginia 24012.
(2) The names of the participating political subdivisions are the County of Roanoke,
Virginia; the City of Roanoke, Virginia; the Town of Vinton, Virginia; and the City of Salem,
Virginia. The County of Roanoke, the City of Roanoke, the Town of Vinton, and the City of
Salem, as the incorporating political subdivisions, hereby acknowledge, covenant, and agree
that these Amended and Restated Articles of Incorporation shall not be further amended or
changed without the express agreement of each of the governing bodies of each of the
incorporating political subdivisions.
None of the following actions shall be taken or permitted to occur by the Authority
without the consent of the City of Roanoke and the County of Roanoke as expressed by the
affirmative vote of all City and County representatives on the Authority:
(a) Any change in the terms and conditions of design or operation of the
Transfer Station located in the City of Roanoke as set forth in the Solid
Waste Transfer Facility Design Criteria, dated March 19, 1991, and the
Solid Waste Transfer Facility Operating Criteria, dated May 21, 1991, as
approved by the Roanoke City Planning Commission on June 5, 1991,
and the Part A and Part B applications for the Transfer Station as
Page 4 of 10
approved by the Commonwealth of Virginia, or use by any persons or
entities other than City of Roanoke, County of Roanoke, Town of Vinton,
the City of Salem or any other local government entity, located wholly or
partially within a sixty (60) mile radius of the Authority's property and
under contractual obligation with the Authority to bring acceptable waste
generated within said local government entity's jurisdiction to an Authority
facility;
(b) Any change in the terms and conditions of the design or operation of the
Landfill located in Roanoke County as set forth in the special use permit
and the Landfill Permit Conditions and Operating Policies, Action 62789-
10 and Resolution 62789-12, each dated June 27, 1989, and the Part A
and Part B applications for the Landfill as approved by the
Commonwealth of Virginia.
(c) Since the Landfill and Transfer Station are scarce and valuable
resources, and because the participating political subdivisions have a
common interest in insuring that the Landfill is used in the best possible
and most efficient manner, the participating political subdivisions agree
that Authority membership and operation and use of the Transfer Station
and Landfill shall be governed by the terms and conditions of the
Amended and Restated Roanoke Valley Resource Authority Members
and Facilities Use Agreement ("Use Agreement"), dated as of July 1,
2016, and as such Use Agreement may be further amended from time to
time.
(3) The names, addresses, and initial terms of office of the members of the Board of
the Roanoke Valley Resource Authority ("Authority") are as follows:
Name Address Term Expires
Page 5 of 10
1. Anne -Marie Green 1216 Kessler Mill Road
Salem, Virginia 24153
(Roanoke County)
2. Rebecca Owens P.O. Box 29800
Roanoke, Virginia 24018
(Roanoke County)
3. Keith Garman 8538 Bradshaw Road
Salem, Virginia 24153
(Roanoke County)
4. Dennis Nalley 8301 Berrybrook Drive
Salem, Virginia 24153
(Roanoke County)
5. Thomas C. Gates 5204 Bernard Drive
Roanoke, Virginia 24018
(Roanoke County)
6. Michael Shockley 215 Church Avenue, SW
Room 354
Roanoke, Virginia 24011
(Roanoke City)
7. Robert "Bobby" Edwards 3045 Poplar Lane
Roanoke, Virginia 24014
(Roanoke City)
8. Joey Hiner
9. Norman Michael Tyler*
311 S. Pollard Street
Vinton, Virginia 24179
(Town of Vinton)
114 N. Broad Street
Salem, Virginia 24153
(City of Salem)
12/31/2019
12/31/2018
12/31/2017
12/31/2017
12/31/2019
12/31/2018
12/31/2019
12/31/2019
12/31/2019
The terms of office of each of the members shall become effective on the date of
issuance of a certificate of joinder for the Authority by the State Corporation Commission in
accordance with Section 15.2-5112 of the Act and shall expire on the date indicated above.
Upon expiration of the foregoing terms, the governing body of each participating political
subdivision shall appoint the number of members, who may be members of the governing body,
set forth opposite its name below:
Page 6 of 10
County of Roanoke
- Five
City of Roanoke
- Two
Town of Vinton
- One
City of Salem
- One
It being the intention of these Articles that the governing body of the County of Roanoke
shall always appoint a majority of the members, whenever an additional political subdivision
shall join the Authority, the governing body of the County of Roanoke shall be entitled to appoint
one or more additional members in order to maintain such majority. After expiration of the terms
set forth above, each member shall be appointed for a four-year term or until his or her
successor is appointed and qualified. Any additional members appointed by the County of
Roanoke to maintain its majority shall also be appointed for four-year terms. The governing
body of each political subdivision shall be empowered to remove at any time, without cause, any
member appointed by it and appoint a successor member to fill the unexpired portion of the
removed member's term. Each member may be reimbursed by the Authority for the amount of
actual expenses incurred by him or her in the performance of his or her duties.
(4) The purpose for which the Authority is to be formed is to exercise all the powers
granted to the Authority to acquire, finance, construct, operate, manage, and maintain a
garbage and refuse collection and disposal system and related facilities pursuant to the Act. For
purposes of these Articles, and any contracts or documents entered into on behalf of the
Authority, "garbage and refuse collection and disposal system and related facilities" shall mean
the collection and disposal of garbage and refuse at and through one or more transfer facilities
owned and operated by the Authority and the associated landfill or disposal operations and
including the authority to engage in or provide for residential and/or commercial garbage and
refuse collection services. The Authority shall contract with the County of Roanoke, the City of
Roanoke, the Town of Vinton, and the City of Salem to furnish garbage and refuse collection
and disposal services upon identical terms and conditions including the same schedule of
service rates, fees, and charges of all types which shall be uniformly applicable to all such
Page 7 of 10
political subdivisions. Subject to the terms of the Use Agreement, the Authority may contract
with other political subdivisions to furnish garbage and trash disposal services upon such terms
as the Authority shall determine. The Authority may contract to make host locality payments to
Roanoke County, the City of Roanoke, the City of Salem, and the Town of Vinton to
compensate such localities in consideration of location of facilities within their communities
and\or for their support of the Authority. It is not practicable to set forth herein information
regarding preliminary estimates of capital costs, proposals for specific projects to be
undertaken, or initial rates for proposed projects.
(5) The Authority shall serve the County of Roanoke, the City of Roanoke, the Town
of Vinton, the City of Salem, and to the extent permitted by the Act and by the terms of these
Articles and the Use Agreement, such other public or private entities as the Authority may
determine upon the terms and conditions established pursuant to such contracts.
(6) The Authority shall cause an annual audit of its books and records to be made by
the State Auditor of Public Accounts or by an independent certified public accountant at the end
of each fiscal year and a certified copy thereof to be filed promptly with the governing body of
each of the participating political subdivisions.
IN WITNESS WHEREOF the Board of Supervisors of Roanoke County, Virginia, the
Town Council of the Town of Vinton, the City Council of the City of Roanoke, Virginia, the City
Council of the City of Salem, Virginia, and the Board of Directors of the Roanoke Valley
Resource Authority have caused these Amended and Restated Articles of Incorporation to be
executed in their respective names, and their respective seals have been affixed hereto and
attested by the respective secretaries and/or clerks of each.
ROANOKE VALLEY RESOURCE
AUTHORITY
21
Name: Anne Marie Green
Chair
CITY OF ROANOKE, VIRGINIA
in
Page 8 of 10
Name: David A. Bowers
Mayor
Attest: (SEAL)
Peggy Bishop, Secretary
ROANOKE COUNTY, VIRGINIA
Name: P. Jason Peters
Chair, Board of Supervisors
Attest: (SEAL)
Deborah C. Jacks, Chief Deputy
Clerk
TOWN OF VINTON, VIRGINIA
Name: Bradley E. Grose
Mayor
Attest: (SEAL)
Susan N. Johnson, Town Clerk
Attest: (SEAL)
Stephanie M. Moon Reynolds, City
Clerk
CITY OF SALEM, VIRGINIA
go
Name: Bryon R. Foley
Mayor
[End of Form of Articles]
(7) A copy of the Amended and Restated Roanoke Valley Resource Authority
Members and Facilities Use Agreement is available for inspection in the Office of the Roanoke
City Clerk, Room 456, Municipal Building, Office of the Clerk to the Roanoke County Board,
5204 Bernard Drive, Fourth Floor, Roanoke, Virginia 24018, Office of the Vinton Town Manager,
311 South Pollard Street, Vinton, Virginia 24179, and Office of the City of Salem Clerk of
Council, 114 North Broad Street, Salem, Virginia 24153 and also at the Executive Offices of the
Roanoke Valley Resource Authority located at 1020 Hollins Road, N.E., Roanoke, Virginia
24012.
Page 9 of 10
(8) (i) Privately -owned sanitary landfill services are not available in a reasonable and
cost efficient manner, and (ii) Operation by the Roanoke Valley Resource Authority of a sanitary
landfill and any related facilities and/or the contract for such operation in spite of any potential
anti-competitive effect is important to provide for the development and/or operation of a regional
system of garbage and refuse collection and disposal for the County of Roanoke, the City of
Roanoke, the Town of Vinton, the City of Salem, and such other governmental units or private
entities as the Authority may determine.
(9) The Board further authorizes the Chairman of the Board and/or the County
Administrator to take any action and execute any documents, including the Application for
Joinder, necessary to accomplish the matters set forth in this resolution and to cause the
Amended and Restated Articles of Incorporation of the Roanoke Valley Resource Authority to
become effective so that the City of Salem, Virginia, becomes a member of the Authority.
(10) That this resolution shall take effect immediately upon its adoption.
On motion of Supervisor Hooker to adopt the resolution, seconded by Supervisor
McNamara and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters
NAYS: None
A COPY TESTE:
Deborah C. Jacks
Chief Deputy Clerk to t(e4oard of Supervisors
cc: Ruth Ellen Kuhnel, County Attorney
Anne Marie Green, Chair, Roanoke Valley Resource Authority
Page 10 of 10
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 14, 2016
RESOLUTION 061416-2 AUTHORIZING AND PROVIDING FOR AN
ADDITIONAL PERIOD OF TIME FOR THE ROANOKE VALLEY
RESOURCE AUTHORITY TO EXIST AS A CORPORATION, UPON
CERTAIN TERMS AND CONDITIONS
WHEREAS, pursuant to section 15.2-5114(1) of the Code of Virginia (1950), as
amended, the Roanoke Valley Resource Authority was created and incorporated on
August 25, 1989, to exist for a term of 50 years as a corporation; and
WHEREAS, said section 15.2-5114(1) states that an authority may exist for such
further period or periods as may from time to time be provided by appropriate
resolutions of the political subdivisions which are members of the authority, provided,
however, the term of an authority shall not be extended beyond a date 50 years from
the date of the adoption of such resolutions; and
WHEREAS, the County of Roanoke, the City of Roanoke, the Town of Vinton,
and the City of Salem desire to provide by resolutions for an additional period of time for
the Roanoke Valley Resource Authority to exist as a corporation as authorized and
provided by section 15.2-5114(1) of the Code of Virginia (1950), as amended.
NOW, THEREFORE, BE IT RESOLVED that the [locality] hereby authorizes and
provides that the Roanoke Valley Resource Authority shall exist as a corporation for a
further period of time ending on and not to extend beyond January 1, 2066, as
authorized and provided by section 15.2-5114(1) of the Code of Virginia (1950), as
amended; and
BE IT FURTHER RESOLVED that this resolution shall take effect immediately
upon its adoption.
Page 1 of 2
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters
NAYS: None
Chief Deputy Clerk to the Board of Supervisors
cc: Ruth Ellen Kuhnel, County Attorney
Anne Marie Green, Chair, Roanoke Valley Resource Authority
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 14, 2016
RESOLUTION 061416-3 AUTHORIZING THE AMENDED AND
RESTATED ROANOKE VALLEY RESOURCE AUTHORITY MEMBERS
AND FACILITIES USE AGREEMENT, UPON CERTAIN TERMS AND
CONDITIONS
WHEREAS, the County of Roanoke ("County"), the City of Roanoke ("City"), the
Town of Vinton ("Town"), and the Roanoke Valley Resource Authority ("Authority")
entered into the Roanoke Valley Resource Authority Members Use Agreement dated
October 23, 1991, ("Members Use Agreement"), as amended by the First Amendment
dated June 1, 1992, the Second Amendment dated December 2, 1996, the Third
Amendment dated February 1, 1999, the Fourth Amendment dated April 1, 2005, and
the Fifth Amendment dated March 23, 2009, by which the Authority agreed to acquire,
construct, and equip a regional waste disposal system consisting of a landfill and
transfer station and related structures and equipment ("System"), and to provide
financing therefor in order to dispose of all non -hazardous waste delivered to such
system; and
WHEREAS, the County, City, Town, Authority, and City of Salem have all
determined that the City of Salem's joinder to the Authority is in their best interests and
each jurisdiction has adopted an appropriate resolution to that effect; and
WHEREAS, the County, City, Town, Authority, and City of Salem desire to further
amend and restate the Members Use Agreement to provide for the terms and conditions
applicable to the City of Salem's joinder as a member of the Authority as well as the
terms, conditions, and provisions applicable to the operation and use of the expanded
System by all authorized users.
Page 1 of 3
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. The Amended and Restated Roanoke Valley Resource Authority
Members Facilities and Use Agreement is hereby approved in substantially the form
attached as Exhibit "A" to the Board Report dated June 14, 2016;
2. The County Administrator, and Chief Deputy Clerk are authorized to
execute and attest, respectively, in a form approved by the County Attorney, said
Amended and Restated Roanoke Valley Resource Authority Members Facilities and
Use Agreement, to include such changes as the County Administrator shall deem
appropriate and\or necessary to carry out the purposes expressed therein; and
3. The County Administrator is authorized to take such further actions and
execute additional documents, in a form approved by the County Attorney, as may be
necessary or appropriate to implement and administer said Amended and Restated
Roanoke Valley Resource Authority Members Facilities and Use Agreement.
4. This resolution shall take effect immediately upon its adoption.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
McNamara and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters
NAYS: None
A GORY TESTE:
Deborah C. Jacks '
Chief Deputy Clerk to 1he Board of Supervisors
Page 2 of 3
cc: Ruth Ellen Kuhnel, County Attorney
Anne Marie Green, Chair, Roanoke Valley Resource Authority
Page 3 of 3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 14, 2016
RESOLUTION 061416-4 AMENDING PERMIT CONDITIONS AND
OPERATING POLICIES FOR THE ROANOKE VALLEY RESOURCE
AUTHORITY BY CHANGING THE "LANDFILL USERS" SECTION
LANGUAGE
WHEREAS, the Board of Supervisors of Roanoke County ("the Board") granted a
Special Exception Permit by Resolution 62789-12 for the location and operation of a
solid waste facility on what is known as the "Smith Gap Site" located on the northwest
side of Fort Lewis Mountain between Smith Gap and Bradshaw Road in the Catawba
Magisterial District;
WHEREAS, by separate action, Resolution 62789-10 the Board adopted Landfill
"Permit Conditions and Operating Policies ("Conditions and Policies") on June 27, 1989,
for the Smith Gap Solid Waste Disposal Facility;
WHEREAS, the Board revised the Conditions and Policies dated October 22,
1992, as well as two minor revisions on February 24, 2009, July 12, 2011, and February
25, 2014, regarding the Operating Policies for the Host Community Improvement Fund;
WHEREAS, the Board approved the Joinder of the City of Salem to the Roanoke
Valley Resource Authority by Resolution on June 14, 2016, and also approved changes
to the Amended and Restated Roanoke Valley Resource Authority Members and
Facilities Use Agreement ("Use Agreement") to reflect the addition of the City of Salem;
and approved the execution of sufficient documents to accomplish this goal; and
WHEREAS, the "Conditions and Policies" contain a section titled "LANDFILL
USERS" with language that requires updating to conform to the newly amended Use
Agreement.
Page 1 of 3
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Landfill, Rail and Transfer Station "Permit Conditions and Operating
Policies" for the Roanoke Valley Resource Authority are hereby amended as
follows:
Existing Policy
LANDFILL USERS
The responsible Landfill Agency shall limit users of the Regional Landfill to
qualifying residents and businesses of Roanoke County, Roanoke City,
Vinton, Montgomery County and Salem. Private haulers will be allowed to
use the landfill only if the refuse that is submitted originates from one of the
municipalities previously mentioned and if they have applied for and obtained
a dump permit from the Landfill Operator.
Amended Policy
LANDFILL USERS
The responsible Landfill Agency shall limit users of the Regional Landfill to
qualifying residents and businesses of Users, the Designated Haulers, and
the Private Haulers, Contract Municipal Customers, and properly authorized
persons and entities disposing of Acceptable Waste generated within their
respective jurisdictions, and Emergency Temporary Users, all as specifically
provided in Section 3.2, Use of Facilities in the Amended and Restated
Roanoke Valley Resource Authority Members and Facilities Use Agreement
dated as of July 1, 2016, as amended. The Regional Landfill shall not be
utilized by any other person or entity without the express prior consent of the
responsible Landfill Agency Board and the Board of Supervisors. Qz
Gni intyi Qeanorme a Gityi \/inteR, hAeentgemm-rerny (' un+4ar and Salem Private
hrudT2 5 wiISI �ht tQd ethe lapdfill ARly Of the refuse that ijsabmit te-GI
prig Rates from pne pf thrn mi ininipalities preyie sly mentinnerl and if they
vi rgrr rcr cr rcrca�rca�va�r�rrrc rrcrvi rccr-crrTa--rrcr r8
have applied fpr onrl nhtainerl a dump permit from the I andfill Oper�tnr
2. That this policy amendment shall take effect immediately upon adoption.
Page 2 of 3
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
McNamara and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters
NAYS: None
A COPY TESTE:
Debolah C. Jacks - Ll�-/
Chief Deputy Clerk to the Board of Supervisors
cc: Ruth Ellen Kuhnel, County Attorney
Anne Marie Green, Chair, Roanoke Valley Resource Authority
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 JUNE 14, 2016
RESOLUTION 061416-5 APPROVING THE SECONDARY SIX-YEAR
ROAD IMPROVEMENT PLAN FOR FISCAL YEARS 2017 THROUGH
2022 AND THE CONSTRUCTION PRIORITY LIST AND ESTIMATED
ALLOCATIONS FOR FISCAL YEAR 2017
WHEREAS, Sections 33.2-331 of the Code of Virginia (1950, as amended)
provides the opportunity for Roanoke County to work with the Virginia Department of
Transportation in developing a Secondary Six -Year Road Improvement Plan; and
WHEREAS, this Board had previously agreed to assist in the preparation of the
Secondary Six -Year Road Improvement Plan, in accordance with Virginia Department
of Transportation policies and procedures; and
WHEREAS, a public hearing which was duly advertised on the proposed
Secondary Six -Year Improvement Plan for fiscal years 2017-2022 and Construction
Priority List and Estimated Allocations for fiscal year 2017 was held on June 14, 2016,
to receive comments and recommendations on Roanoke County's Secondary Six -Year
Road Improvement Plan for fiscal years 2017-2022 as well as the Construction Priority
List and Estimated Allocations for fiscal year 2017.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors does
hereby approve the Secondary Six -Year Road Improvement Plan for Roanoke County
for fiscal years 2017-2022; and
BE IT FURTHER RESOLVED, that the Board of Supervisors does also hereby
approve the Construction Priority List and Estimated Allocations for fiscal year 2017;
BE IT FURTHER RESOLVED that a copy of this resolution duly attested to be
forthwith forwarded to the Virginia Department of Transportation Salem Residency
Page 1 of 2
Office along with a duly attested copy of the proposed Roanoke County Secondary Six -
Year Road Improvement Plan for fiscal years 2017-2022 by the Clerk to the Board.
On motion of Supervisor McNamara to adopt the resolution, seconded by
Supervisor Assaid and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters
NAYS: None
A COPY TESTE:
Deb&ah C. Jacks
Chief Deputy Clerk the Board of Supervisors
cc: David Holladay, Planning Administrator
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 14, 2016
ORDINANCE 061416-6 ACCEPTING AND APPROPRIATING FUNDS IN
THE AMOUNT OF $14,000 TO ROANOKE COUNTY PUBLIC
SCHOOLS FROM THE VIRGINIA DEPARTMENT OF EDUCATION FOR
SCIENCE, TECHNOLOGY, ENGINEERING, AND MATH
RECRUITMENT AND RETENTION INCENTIVE AWARDS
WHEREAS, the Virginia Department of Education provides funds to award
incentives to teachers who receive a satisfactory evaluation and teaches a qualifying
Science, Technology, Engineering, and Math (STEM) subject in which they have an
endorsement in the same Virginia school division following the year in which the teacher
received the initial award; and
WHEREAS, fourteen teachers in the Roanoke County Public Schools have been
selected to receive the $1,000 incentive for meeting the specified criteria; and
WHEREAS, the incentive is taxable to the recipient and the school division
assumes responsibility for ensuring all taxes are remitted; and
WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be
appropriated by ordinance; and
WHEREAS, first reading of this ordinance was held on May 24, 2016, and the
second reading was held on June 14, 2016.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows..
1. That the sum of $14,000 is hereby appropriated to the Roanoke County
Public Schools; and
Page 1 of 2
2. That this ordinance shall take effect from and after the date of adoption.
On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor
McNamara and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters
NAYS: None
A OWPY TESTE:
Deborah C. Jacks
Chief Deputy Cler o the Board of Supervisors
cc: Angela Roberson, Clerk to the Roanoke County School Board
Rebecca Owens, Director of Finance
Christopher Bever, Director of Management and Budget
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 14, 2016
ORDINANCE 061416-7 AUTHORIZING THE VACATION OF A 0.014
ACRE PORTION OF A RIGHT-OF-WAY SHOWN AS DAWN MARIE
COURT ON THE PLAT OF SECTION NO. 1, HANGING ROCK
ESTATES, RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT
COURT FOR THE COUNTY OF ROANOKE, VIRGINIA IN PLAT BOOK
18, PAGE 156 AND LOCATED IN THE CATAWBA MAGISTERIAL
DISTRICT
WHEREAS, the plat of Section No. 1, Hanging Rock Estates recorded in the
Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 18, page
156, established a 0.014 acre portion designated as Dawn Marie Court; and
WHEREAS, BGGT, LLC (Lot 44 Section No. 1 Hanging Rock Estates; Tax Map
No. 035.04-04-78.00-0000) and Graham -Thomas, LLC (Tax Map No. 035.04-02-33.00-
000) wish to re -subdivide their properties to create two (2) additional lots at the end of
Dawn Marie Court to provide the required road frontage on the cul-de-sac bulb for the
other two (2) lots; and
WHEREAS, Dawn Marie Court on the plat of Section No. 1, Hanging Rock
Estates currently has never been improved and accepted into the Virginia Department
of Transportation (VDOT) Secondary Road System however, BGGT, LLC has agreed to
take the necessary steps to get the entire road into the system; and
WHEREAS, Dawn Marie Court was platted and built to the adjacent 32.99 acres
of land for future development. However, Graham -Thomas, LLC the current property
owner of the of the 32.99 acres has determined that due to topography, the extensive
grading required, the stream and wetlands mitigation and the resulting low lot count it is
not economically feasible to extend Dawn Marie Court; and
Page 1 of 3
WHEREAS, the above described 0.014 acre portion is indicated on the plat dated
4-21-2016, prepared by Balzar and Associates and attached hereto as Exhibit "A"; and
WHEREAS, no other property owner will be affected by the vacation of this
undeveloped portion of said Dawn Marie Court; and
WHEREAS, this vacation will not involve any costs to the County and the
affected County departments have raised no objection; and
WHEREAS, this notice has been given as required by Section 15.2-2204 of the
Code of Virginia (1950, as amended); and
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia as follows:
1. That pursuant to the provisions of Section 18.04 of the Roanoke County
Charter, the acquisition and disposition of real estate can be authorized only by
ordinance. A public hearing and first reading of this ordinance was held on May 24,
2016, and a second reading of this ordinance was held on June 14, 2016.
2. That pursuant to the provisions of Section 16.01 of the Roanoke County
Charter, the subject real estate (Dawn Marie Court, 0.014 acre portion ) is hereby
declared to be surplus and the nature of the interests in real estate renders it
unavailable for other public use.
3. That this 0.014 acre portion, Dawn Marie Court, being designated and shown
as Lot 44 Section No. 1 Hanging Rock Estates; Tax Map No. 035.04-04-78.00-0000)
and, Tax Map No. 035.04-02-33.00-000, plat of Section No.1, Hanging Rock Estates,
Plat Book 18, page 156, in the Catawba Magisterial District of the County of Roanoke,
Page 2 of 3
and hereby is vacated pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as
amended.
4. That a 0.014 acre portion right-of-way is accepted, reserved and maintained
for public purposes in the area previously designated as "Dawn Marie Court" as shown
on the Exhibit "A" attached hereto.
5. That all costs and expenses associated herewith, including but not limited to
publication, survey and recordation costs, shall be the responsibility of the Petitioners.
6. That the County Administrator, or any Assistant County Administrator, is
hereby authorized to execute such documents and take such actions as may be
necessary to accomplish the provisions of this ordinance, all which shall be on form
approved by the County Attorney.
7. That this ordinance shall be effective on and from the date of its adoption, and
a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit
Court of Roanoke County, Virginia, in accordance with Section 15.2-2272 of the Code of
Virginia (1950, as amended).
On motion of Supervisor Hooker to adopt the ordinance, seconded by Supervisor
Assaid and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters
NAYS: None
A C//OI?Y TESTE:
Deborah C. Jacks
Chief Deputy Clerk to a Board of Supervisors
cc: Arnold Covey, Director of Community Development
Page 3 of 3
CAR ETot4 gR►NE
Lot 46
Edgar A. Wade &
Eve A Worthington
T.M. 1035.04-04-47.00-0000
Lot 45
Miller Miok
T.M. 1035.04-04-46.00-0000
EX. R.O.W. UNE
TO REMAIN
UNE 7ABLE
LINE
BEAR/NGl
TAN
L1
N81 -22 -00 -El
52.79
L2
NO6'1718 y
52.79
L3
N06'1718
18.55
1�
Lot 43
Gory Avis
T.M. 1035.04-04-44.00-0000
Ex. house currently
under construction
Existing
111—curl–de–sac
WSW t��
EX. R.O.W. UNE
TO REMAIN
Lot 44
BGGT, LLC
1035.04-04-45.00-0000
EXISTING LOT = 0.531 AC.
R.D.W. VACATION = 0.014 AC
NEW LOT = 0.545 AC.
APPROX. 589 S.F. OF EX.
R.O.W. TO BE VACATED
AND REVERT TO LOT 44
T.M. 1035.04-02-33.00-0000
Graham–Thomas, LLC
Approx. location
of ex. watercourse
Lot 42
BGGT, LLC
1035.04-04-43. 00-0000
h
m
Approx. location
of ex. watercourse
PL1 H OF
JOHN R. McADEN D
Lic. No.002002
0
�y j;No SUR`I�l
GRAPHIC SCALE
0 30 60 120
DATE:
CURVE'ABLE
1" = 60'
CURIE R40/US
ARC LENGTH CHORD BEAR/NG CHORD LENGTH DELTA ANG
AN N
Cl 55 00
84.14' N3T3221 E
76.17 8T39 16
52.79
C2 55.00
49.26 N3156 50
47.63 51'19 04
26.42
C3 25.00
22.39 N3156 50
21.65 51'19 04
12.01
GRAPHIC SCALE
0 30 60 120
DATE:
4/21/2016
SCALE:
1" = 60'
JOB NO:
04150022.00
DRAWN BY:
CPB
**NOTE: EXISTING RIGHT-OF-WAY AND PROPERTY LINES
ARE BASED ON THE PLAT OF SECTION NO. 1, HANGING
ROCK ESTATES, RECORDED IN PLAT BOOK 18, PAGE 156.
DAWN MARIE COURT
R.O.W. VACATION EXHIBIT FROM RECORDS
ROANOKE COUNTY, VIRGINIA
PLANNERS • ARCHITECTS• ENGINEERS• SURVEYORS
ROANOKE • RICHMOND • NEW RIVER VALLEY • SHENANDOAH VALLEY
1208 Corporate Clrole . Roanoke, Vlrglnla 24018 • Phone (540) 7729580 • Fax (540) 772-8050
EXISTING R.O.W.
TO BE VACATED
b4ap
AND ASSOCIATM INC.
ACTION NO. A -061416-8.a
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: June 14, 2016
AGENDA ITEM: Request to donate surplus vehicle to the Regional Virginia
Alcohol and Substance Abuse Program (VASAP) and Court
Community Corrections Program (CCCP)
SUBMITTED BY:
APPROVED BY:
ISSUE:
Daniel R. O'Donnell
Assistant County Administrator
Thomas C. Gates
County Administrator
A request to donate a surplus Roanoke County vehicle to the Virginia Alcohol and
Substance Abuse Program (VASAP) and Court Community Corrections Program
(CCCP)
BACKGROUND:
The Virginia Alcohol and Substance Abuse Program (VASAP) and the Court
Community Corrections Program (CCCP) are regional programs of the court system in
which Roanoke County participates. The VASAP and CCCP programs serve the
regional court system by providing general probation services and supervision for
persons who have been convicted of driving while impaired. The City of Salem serves
as the fiscal agent for the programs. The programs serve Roanoke County, Roanoke
City, the City of Salem, Botetourt County and Allegheny County. Both of these programs
are staffed by the same employees.
Funding for the CCCP program comes from the Commonwealth of Virginia. Funding for
the VASAP program comes solely from fees charged to impaired drivers for their
supervision and education. As instances of impaired driving have decreased in recent
years, fees collected for these services have decreased as well. This has caused a
shortage of capital funds needed to purchase vehicles for staff use. In the past other
local participating governments have donated surplus vehicles to the programs for staff
use, but there is still a need for an additional vehicle that other participating local
Page 1 of 2
governments cannot currently provide. Assistant County Administrator Dan O'Donnell is
currently the Chair of the CCCP Advisory Board and Chief of Police Howard Hall is a
member of the VASAP Board representing Roanoke County.
DISCUSSION:
General Services currently has a 2008 Ford Crown Victoria with over 105,000 miles
scheduled to go to surplus sale. The Director of the VASAP and CCCP programs has
indicated the vehicle is suitable for their program's purposes. If approved by the Board
of Supervisors the car would be donated and titled to the City of Salem for exclusive use
by the staff of the VASAP and CCCP programs. Roanoke County would provide no
maintenance services for the vehicle after the title is transferred.
FISCAL IMPACT:
While there is no direct cost to the County, the value of the vehicle at surplus is
estimated to be approximately $2,500 to $3,000. Donating the car to the VASAP/CCCP
programs would decrease funds for replacement vehicles by a like amount.
STAFF RECOMMENDATION:
Staff recommends that the Board of Supervisors donate the 2008 Ford Crown Victoria
to the City of Salem for exclusive use by the VASAP and CCCP staff.
VOTE:
Supervisor Peters moved to approve the request to donate surplus vehicle; Supervisor
Assaid seconded the motion. Motion approved.
cc: Daniel R. O'Donnell, Assistant County Administrator
Rebecca Owens, Director of Finance
Christopher Bever, Director of Management and Budget
Page 2 of 2
Yes
No
Absent
Mr. Assaid
®
❑
❑
Mr. Bedrosian
®
❑
❑
Ms. Hooker
®
❑
❑
Mr. McNamara
®
❑
❑
Mr. Peters
®
❑
❑
cc: Daniel R. O'Donnell, Assistant County Administrator
Rebecca Owens, Director of Finance
Christopher Bever, Director of Management and Budget
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 14, 2016
RESOLUTION 061416-8.b EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY TO LINDA D.
CANNON, DEPUTY SHERIFF, UPON HER RETIREMENT AFTER MORE
THAN TWENTY-ONE YEARS OF SERVICE
WHEREAS, Linda D. Cannon was employed by Roanoke County on October 11,
1994; and
WHEREAS, Ms. Cannon retired on June 1, 2016, after twenty-one years and eight
months of devoted, faithful and expert service to Roanoke County; and
WHEREAS, Ms. Cannon served as the Corrections Division Cook; and
WHEREAS, Ms. Cannon served as a Deputy Sheriff on April 14, 1997, and was
selected on September 1, 2001, for the Master Deputy Program until July 1, 2003; and
WHEREAS, Ms. Cannon was promoted to the rank of Sergeant on August 28,
2003, until December 15, 2004,during her tenure with Roanoke County and has served
with professionalism and dedication in providing services to the citizens of Roanoke
County.
WHEREAS, 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 LINDA D. CANNON for more than twenty-one years of capable,
loyal and dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy and
productive retirement.
Page 1 of 2
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Assaid and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters
NAYS: None
A lCOIPY TESTE:
Deberah C. Jacks
Chief Deputy Clerk t e Board of Supervisors
Page 2 of 2
ACTION NO. A -061416-8.c
ITEM NO. I -c
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:
ISSUE:
June 14, 2016
Confirmation of appointment to the Planning Commission (by
District)
Deborah Jacks
Chief Deputy Clerk to the Board of Supervisors
Thomas C. Gates
County Administrator
Confirmation of appointment to the Planning Commission
BACKGROUND:
The current appointment to the Planning Commission will expire on June 30, 2016.
DISCUSSION:
Supervisor George G. Assaid has recommended the appointment of Paul M. Mahoney
to commence July 1, 2016 and expire June 30, 2020. Accordingly, confirmation has
been added to the Consent Agenda.
FISCAL IMPACT:
There is no fiscal impact for this agenda item.
STAFF RECOMMENDATION:
Staff has no recommendation for this agenda item.
Page 1 of 2
VOTE:
Supervisor Peters moved to approve the appointment; Supervisor Assaid seconded the
motion. Motion approved.
cc: Philip Thompson, Deputy Director of Planning
Page 2 of 2
Yes
No
Absent
Mr. Assaid
®
❑
❑
Mr. Bedrosian
®
❑
❑
Ms. Hooker
®
❑
❑
Mr. McNamara
®
❑
❑
Mr. Peters
®
❑
❑
cc: Philip Thompson, Deputy Director of Planning
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 14, 2016
RESOLUTION 061416-8 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR
THIS DATE DESIGNATED AS ITEM I- CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for June 14,
2016, 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 4
inclusive, as follows:
1. Approval of minutes — April 26, 2016
2. Request to donate surplus vehicle to the Regional Virginia Alcohol and
Substance Abuse Program (VASAP) and Court community Corrections Program
(CCCP)
3. Resolution expressing the appreciation of the Board of Supervisors of Roanoke
County to Linda D. Cannon, Deputy Sheriff, upon her retirement after more than
twenty-one years of service
4. Confirmation of appointment to the Planning Commission (by District)
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Assaid and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters
NAYS: None
Chief Deputy Clerk to the Board of Supervisors
Page 1 of 1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 14, 2016
RESOLUTION 061416-9 CERTIFYING THE CLOSED MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a
closed meeting on this date pursuant to an affirmative recorded vote and in accordance
with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the
Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke
County, Virginia, hereby certifies that, to the best of each member's knowledge:
1. Only public business matters lawfully exempted from open meeting requirements
by Virginia law were discussed in the closed meeting which this certification resolution
applies; and
2. Only such public business matters as were identified in the motion convening the
closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
Page 1 of 2
On motion of Supervisor McNamara to adopt the resolution, seconded by
Supervisor Hooker and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara
NAYS: None
ABSENT: Supervisor Peters
A CCQPY TESTE:
Deborah C. Jacks
Chief Deputy Clerk to a Board of Supervisors
Page 2 of 2