HomeMy WebLinkAbout2/24/1987 - RegularY
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ROANORE COUNTY BOARD OF SUPERVISORS
ACTION AGENDA
FEBRUARY 24, 1987
Welcome to the Roanoke Countond Tuesdaysofeeach montheatn2:00Rpgmlar
meetings are held on the sec m. public Hearings
and on the fourth Tuesday on thehfourth Tuesday of each month.
will be heard at 7:00 p.
Deviations from this schedule will be announced.
A, OPENING CEREMONIES (3:00 P.M.)
1, Roll Call.
2, Invocation: AssistanthCountysAdministrator
3, Pledge of Allegiance to the United States Flag.
B. COUNTY ADMINISTRATOR'S COMMENTS
1. APPOINTMENT OF MARY ALLEN AS DEPUTY CLERK
2, RESIGNATION OF JANET HOLT-JOHNSTONE AS PUBLIC INFORMATION OFFICER.
C, REQUESTS TO POSTPONE, ADD, OR CHANGE THE ORDER OF AGENDA
ITEMS.
ADDITION OF ITEM E-5 - TEMPNUESYOFOTHEWCOUNTY,$10 MILLION TO COVER
CASUAL DEFICITS IN THE REVE
D, PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
E, NEW BUSINESS
1. Request for funding for Sesquicentennial Activities.
BLJ/LG - URC WITH HCN ABSENT
2. Request for Water and Sewer to Nichols Estates
LG/SAM TO PLACE ON CIP AND PRIORITIZE - URC WITH HCN ABSENT
3, Request from Cox Cable Roanoke, Inc. for renewal of
franchise agreement.
BLJ/LG TO REFER TO CABLE TV COMMITTEE - URC WITH HCN ABSENT
4, Request for approval to enter into well lot option in
the Hidden Valley section of Roanoke County.
LG/SAM - URC WITH HCN ABSENT
5, Temporary Borrowing of $10 Million to cover casual
deficits in the Revenues of the County.
AHB/SAM
AYES: AHB,SAM, BLJ
ABSTAIN : LG
ABSENT: HCN
F, REQUEST FOR WORK SESSIONS
1, Postponement of Joint Work Session with the
County School Board.
G, REQUESTS FOR PUBLIC HEARINGS
g, APPOINTMENTS
1, Court Service Unit Advisory Council/Youth and
Family Services Advisory Board.
M. ALLEN TO FIND OUT IF COMMITTEE IS STILL ACTIVE.
2, League of Older Americans Advisory Council
ABH NOMINATED WEBB JOHNSON IF MR. JOHNSON IS WILLING TO SERVE
3, Transportation and Safety Commission
AHB NOMINATED ALL TO ANOTHER TERM.
I, REPORTS AND INQUIRIES OF BOARD MEMBERS
BRITTLE: ASKED ABOUT THE BOARD OF EQUALIZATION
J. CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE
CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE
ENACTED BY ONE RESOLUTION IN THE FTH~AT ITEMRWILLIBEED
BELOW. IF DISCUSSION IS DESIRED,
REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED
SEPARATELY.
2
AHB/LG - URC WITH HCN ABSENT
1. Minutes of Meeting - January 27, 1987
2. Acceptance
Section 8. of Water and Sewer lines in Woodbridge,
3. Acceptance
Department of
of Millwood Drive into the Virginia
Transportation Secondary System.
4. Request for a Raffle Permit from the Oak Grove
Elementary School P.T.A.
K. CITIZENS' COMMENTS AND COMMUNICATIONS
L. REPORTS
1, Accounts Paid for January 1987
2, Status Report on Starkey Park Wells
3. Board Contingency Fund
RECEIVED AND FILED
M. EXECUTIVE SESSIONapu2su6nt toREDeLANEeANNEXATIONlAND
Section 2.1-344
IDDINGS LITIGATION
EVENING SESSION (7:00 P.M.~
N. FIRST READING OF ORDINANCES
1, Ordinance accepting an offer for and lachianzPower
the conveyance of an easement to Appa
Company.
AHB/LG - 2nd READING 3/10/87
URC - NICKENS ABSENT
O, SECOND READING OF ORDINANCES
1. Ordinance authorizing the acquisition of
easements, Starkey Force Main and Gravity Sewer
project.
BLJ/SAM - URC WITH HCN ABSENT
2.
Ordinance authorizing the acquisition of
easements, East 460 Water Line Project.
3
287-8 Petition of the Secretary to the Roanoke County
Planning Commission to addn~mPntltoFthetRoanoke
BLJ/AHB TO APPROVE
AYES: AHB,LG,BLJ
ABSTAIN : SAM
ABSENT: HCN
Q. CITIZENS' COMMENTS AND COMMUNICATIONS
1. ANTHONY HEHN
2. ROY LOCHNER
R. ADJOURNMENT
5
Unimt~ of ±~nttnnke
ROANORE COUNTY BOARD OF SUPERVISORS
AGENDA
FEBRUARY 24, 1987
Board of Supervisors meeting. Regular
Welcome to the Roanoke County
meetings are held on the second Tuesday of each month apublic Hearings
and on the fourth Tuesday of each month at 3:00 p.
will be heard at 7:00 p.m on the fourth Tuesday of each month.
Deviations from this schedule will be announced.
p,. OPENING CEREMONIES (3:00 P.M•~
1, Roll Call.
2, Invocation: AssistanthCountysAdministrator
3. Pledge of Allegiance to the United States Flag.
B. COUNTY ADMINISTRATOR'S COMMENTS
C, REQUESTS TO POSTPONE, ADD, OR CHANGE THE ORDER OF AGENDA
ITEMS.
D. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
E, NEW BUSINESS
1, Request for funding for Sesquicentennial Activities.
2, Request for Water and Sewer to Nichols Estates
3, Request from Cox Cable Roanoke, Inc. for renewal of
franchise agreement.
royal to enter into well lot option in
4. Request for app
the Hidden Valley section of Roanoke County.
F, REQUEST FOR WORR SESSIONS
1, Postponement of Joint Work Session with the
County School Board.
G, REQUESTS FOR PUBLIC HEARINGS
H, APPOINTMENTS
1, Court Service Unit Advisory Council/Youth and
Family Services Advisory Board.
2, League of Older Americans Advisory Council
3, Transportation and Safety Commission
I, REPORTS AND INQUIRIES OF BOARD MEMBERS
,7, CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE
CONSIDERED BY TRESOLUTDONOINETHEUFORM ORDFORMS LISTED
ENACTED BY ONE
BELOW. IF DISCUSSONSENT AGENDADAND WILLTBE CONSIDERED
REMOVED FROM THE C
SEPARATELY.
1, Minutes of Meeting - January 27, 1987
2, Acceptance of Water and Sewer lines in Woodbridge,
Section 8.
3, Acceptance of Millwood Drive into the VSrstema
Department of Transportation Secondary Y
4, Reques~a~orSchoolfPeTPArmit from the Oak Grove
Elemen y
K, CITIZENS' COMMENTS AND COMMUNICATIONS
r, , REPORTS
1. Accounts Paid for January 1987
2. Status Report on Starkey Park Wells
3, Board Contingency Fund
2
M, EXECUTIVE SESSION pursuant to the Code of Virginia
Section 2.1-344 (a) 2, 6,
EVENING SESSION ( 7:00 P .1"I• )
N. FIRST READING OF ORDINANCES
1. Ordinance ancepofnanaeasementfto AppalachianzPower
the conveya
Company.
O. SECOND READING OF ORDINANCES
1, Ordinance authorizing the acquisition of Sewer
easements, Starkey Force Main and Gravity
Project.
2. Ordinance authorizing the acquisition of
easements, East 460 Water Line Project.
p. PUBLIC HEARINGS (WILL BE HEARD AT 7:00 P.M.)
(Public Hearings 287-1 and 288~21987e)heard at a
special meeting on February
287_3 Petition of JELCO CONSTRUCTION COMPANY, INC.,
to amend the existing clocatednno~thtandreast of
portion of the property
Mick or Mack on Route 221 in the CAVE SPRING
MAGISTERIAL DISTRICT.
(HELD OVER FROM DECEMBER 16, 1986 AND JANUARY
27, 1987)
287_4 petition of SPRINGWOOD ASSOCIATES to amend the
conditions on a 0.606 acre parcel to allow
construction of a retail business, located
adjacent to 3513 Brambleton Avenue in the WINDSOR
HILLS MAGISTERIAL DISTRICT.
(HELD OVER FROM JANUARY 27, 1987)
287_5 Petition of CHARLES A. MCCARTY AND CAROLYN H.
MCCARTY requesting rezoning from M-1 to B-2 of a
tract containinuel(Routec24> a ndthecVINTONt 2113
Washington Ave
MAGISTERIAL DISTRICT.
287_6 Petition of D. W. DEVELOPERS INC•' ongtheteast
vacation of a 50 foot right of way
side of Starmount Avenue in Deer Run Estates
Section II.
3
287_7 Petition of the VIRGINIA BAPTIST CHILDREN'S HOME
requesting vacation of a 50 foot right of way
known as 8th Street located on the west side of
State Route 705.
287-8 Petition of the Secretary to the Roanoke County
Planning Commission to add the 419 Frontage
Development Plan as an amendment to the Roanoke
County Land Use Plan.
Q. CITIZENS' COMMENTS AND COMMUNICATIONS
R, ADJOURNMENT
4
~9 - z -2-'~ 8 ~ - 2
ITEM NUMBER ~~
AT A REGU NIp,MHELDNAT THEHROANORE COUNTYEADMINISTRp,TIONNCENTER
COUNTY, VIRG
MEETING DATE: February 24, 1987
SUBJECT: Request for funding for Sesquicentennial Activities
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
For the past year, Bonnie Newlon, Planner, Department of Planning
and Zoning, has been acting as Sesquicentennial Coordinator. She
has had outstanding success in the conceptualization and
implementation of the various committees which have been meeting
on an ongoing basis. Ms. Newlon is to be highly commended for
her vision, patiand tatusrofwthe.Sesquicentennialnprogram to the
the activities
Board.
The Board has authorized establishing the position of
Sesquicentennial Coordinator for two years. County staff and
representatives of the Sesquicentennial Committee interviewed and
selected Ms. Carol Jane Giallanza who will assume the role of
Sesquicentennial Coordinator early in March. Ms. Giallanza has
for ten years been the Area Coordinator of ort servicesftoldhe
Americans, providing and recruiting supp
elderly of the Roanoke Valley. She has an extensive background
in advertising, promotions and civic and community service.
We would like to put on record our appreciation of Bonnie
Newton's contributiontoo ofsghiseimportant event r welcome to Ms.
Giallanza as Coordina
For the remainder of the fiscal year, funding of $10,000 will be
necessary for salaries and expenses.
FISCAL IMPACT:
000 from the Board
It will be necessary to transfer $10, tannin the
Contingency Fund to cover the costs associated with p g
Sesquicentennial activities for the balance of fiscal year
1986/87.
RECOMMENDATION:
Staff recommends that the Board
of Sesquicentennial Coordinator
of funds.
officially estabrososed t~ansfer
and approve the p p
~ . ~~ ~-/m..a.r
Elmer C. Hodge
County Administrator
------------
----------- VOTE
ACTION ~/.e ~~. No Yes Abs
Approved (/~ Motion by. ~h~SO/~ ~~Q Brittle `~'
Denied ( ) Garrett ~"
Received ( ) Johnson ~"
Referred McGraw ~
To Nickens `~
~ re e~o ~- o -,~- Z~S tcd g ~>`'
Cc.' ~ wean
~a~nie 1Y~
~; 1 e.
~" "'
ROp,NpKE COUNTY SESQUICF~TI'II~NIAL, 1988
STATUS REPORT Ta THE BOARD OF SUPERVISORS
February 24, 1987
Department of Planning and Zoning
Background: Over the past eight months, the Sesquicentennial Committee has developed
and initiated plans for an exciting 150th birthday celebrationroo e bedevelopmente
residents of Roanoke wit y'outa ea h are necessa~y to bringgthe Sesquicentennial
fund raising, and comet y
calendar to life. The Committede~ thrrealisma~Itstmajorlactivitgie~s aretoutln ed
outlook of enthusiasm combine
below.
I. Events and Project Planning
A. Subcommittee Formation:
Historical Subcommittee, George Kegley, Chairman;
Commemoratives Subcommittee, Carl Woolum, Chairman;
Publicity Subcommittee, Pam Berg and Wendy O'Neill, Co-Chairs;
Events Subcommittee, Stephen Musselwhite, Chairman;
Fund Raising/Sesquicentennial, Inc., Stephen Musselwhite, President.
B. Develo ment of Events Calendar and Subcommittees:
March 30, 1988: Daytime Kick-off Ceremonies, Janet Johnstone, Chairman;
Gala Kick-off Ball, Betty Jo Shrader, Chairman;
April 1988: Festival Day, Connie Walsh and Gail Hauser, Co-Chairs;
Sesquicentennial Sunday, Rev. George Bower, Chairman;
Vinton Dogwood Festival, Float Committee in formation;
Chairman;
May 24, 1988: Court Day, Elizabeth Stokes,
July 1988: Beach Music Festival, Tempy Larue, Chairman;
Sept-Oct 1988: County Fair, Darrell Shell, Chairman;
December 1988: Time Capsule, Alfred Anderson, Chairman.
C, Sr,ecial Projects:
1. History book by Deedie Kagey
2. Commemorative quilt br Chairman mmittee of Roanoke Valley Extension
Homemakers, Ogretta Baye ,
3. Child's history by Dr. Deanna Gordon and illustrated by Douglas Kingery
4. Historical documentary and TV and radio historical minutes, WBRA TV and
WV'I'F Radio
5. Historical forums, co-directed by Drs. Mark Miller and John Selby o
Roanoke College
6. Historical tabloid by Roanoke Times & World-News
7. Speaker's Bureau, Roanoke Valley Extension Homemakers, Muriel Turner,
President
8. Valley Beautiful/419 Beautification Project, Debbie Pitts and Bonnie
Newlon, Co-Chairs with representation from VDH&T, Valley Beautiful, VPI
Extension Service, Planning Commission, 419 merchants and local garden
clubs
9. Sesquicentennial road signs for major entrances to County, John Pe ers,
Public Works
10. Theme song contest, announcement upcoming by Sesquicentennial Committee
f
D. Community Outreach:
The Sesquicentennial Committee is seeking projects planned and supported by
community institutions, service organizations, and clubs in honor of the
celebration. These events will also ~sentations n and other follow-dup •has
community mailout in July, community p ro ects b Roanoke Valley Bridge
resulted in plans for special events andP rsche Club, Blue Ridge Region
Association (Sesquicentennial Tournament),
(auto cross and rally), Roanoke Valley Historical Society, Virginia
Department of Highways and Transportation. Sesquicentennial planning by
Mill
Roanoke College, Hollins College, Science Museum, Transportation Museum,
Mountain Theater, Roanoke Valley Fine Arts Museum, Center in the Square and
Scottish Games is also underway. Another outreach mailout is planned for the
spring of 1987, with follow-up among the major organizations.
II. Fund Raising
A.
Solicitation to large area employers underway by Sesquicentennial
the direction of Stephen Musselwhite
Inc., under
B. Results include backing of several major events and general contributions to
the overall program. (See attached.)
C. Plans for contacting remaining County employers and the citizens of Roanoke
County are underway.
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A-2,2,87 3
ITEM NUMBER ~~ 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE
COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER
MEETING DATE: February 24, 1987
SUBJECT: Request for Water and Sewer to Nichols Estates
COUNTY ADMINISTRATOR'S COMMENTS: ~/, ~~ Y
1 Cy . ,.~.c.J L Q- >C.;2i.J `mot ~ s-,~-~ :2.2.. ~~ ^' "~ r~ ~ _~~~i .{,t-"o- Z Z~
SUMMARY OF INFORMATION:
In a petition dated May 20, 1986, nineteen property owners in the
Nichols Estates Subdivision requested that Roanoke County provide
water and sewer service to their properties. The request states in
part, "It is our understanding that due to the close proximity of
these utilitiesto tt e homeowne~slandaveryhlmttle1costetootherCoundyvi-
sion at no cost
County staff made a cost estimate to provide County water and
sewer service to Nichols Estates properties. The estimated cost to
provide sanitary sewer is $80,000 and to provide water service is
$55,000. Staff also sent letters to the property owners to determine
if they were willing to pay the connection fees and if they were will-
ing to contribute money toward the construction costs. Of the nine-
teen letters sent to property owners, nine were interested in water
and eleven were interested in sewer. The property owners interested
in service were willing to pay the connection fees. Only one property
owner was willing to contribute money toward the construction in the
amount of $600 for water and $500 for sewer.
The Utility Enterprise Fund is structured such that funds are
available for construction of off-site utility facilities, repair and
replacement of facilities, and operating costs associated with operat-
ing the utility services.
The connection fees collected for each connection to the utility
system is to pay for a portion (56~) of construction of the off-site
facilities. The user rate structure funds the remaining cost of off-
site facilities (44$), repair, replacement and operation of the utili-
ty system. There are no provisions within the Utility Enterprise Fund
to pay for construction of local utility facilities within a develop-
ment or subdivision. Such costs are the responsibility of the develop-
er or individual property owner.
The utility connection fees which would be collected from the
property owners in the Nichols Estate Subdivision would entitle them
to have the water and sewer service extended to the boundary of their
subdivision since these extensions would be contiguous to the existing
utility system. However, the cost to construct the local utility
lines within the subdivision would have to be paid for by either con-
tribution from the property owners, County General Revenue funds,
State or Federal Grant funds or a combination of these funds.
1
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NICPK-LS ESTATFS HOMFAWNERS ASSOCIATION
4901 Grape Tree Iane, S.W. ~ Z
,~ ~,} j'' ~ , jQtj~ Roanoke, Virginia 24018
Nay 20, 1986
I
Roanoke County Government:
We the people of Nichols Estates request your i~o~ediate attention into our
water and sewer conditions. Inspections from county sanitation supervisors
have stated that some_of the septic tank systems installed when the sub-
division was developed would not be approved by today's standards. In so~e_
cases, only temporary repairs can he recommended because of the inability of
the ground to percolate.
'a'he adjacent subdivision, Canterbury Park, has water, sewer and gas availa~le.
It is our understanding that due to the close proximity of these utilities, the
touuty could make them available to our subdivision at no cost to the home-
owners and at very little cost to the county.
We are a private subdivision on a private road. We the undersigned, as tax
payers in Roanoke County, respectfully request your favorable response in
this important matter.
SIGNATURE
ADARESS
~~
2
i
NICHOLS ESTATES HOMFAWNFRS ASSOCUTION
4901 Gr+3pe Tree Lane, S.W.
` Roanoke, Virginia 24018
May 20, 1986
Roanoke County Government:
We the people of Nichols Estates request your immediate attention into our
eater and sever conditions. Inspections from county sanitation supervisors
have stated that some of the septic tank systems installed when the sub-
division was developed would not be approved by today's standards. In some
cases, only temporary repairs can be recommended because of the inability of
the ground to percolate.
The adjacent subdivision, Canterbury Park, has water, sewer and gas available.
It is our understanding that due to the close proximity of these utilities, the
county could make them available to our subdivision at no cost to the home-
owners and at very little cost to the county.
We are a private subdivision on a private road. We the undersigned, as tax
payers in Roanoke County, respectfully request your favorable response in
this important matter.
SIGNATURE ADDRESS
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ITEM NUMBER ~ -
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
IN ROANOKE, VA., ON TUESDAY,
MEETING DATE: February 24,.1987
SiIRJECT: Cable TV Franchise Renewal
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
By letter dated February 12, 1987, Cox Cable Roanoke, Inc.
has requested the renewal of the Cable TV franchise. The propos-
al seeks to simplify and clarify the language of the current fran-
chise, make certain additions and deletions to substantive provi-
sions, and extend the term of the franchise. The present fran-
chise expires December 31, 1990. The Cable Communications Policy
Act of 1984 substantially limits local authority to regulate
cable television.
The Board should refer this proposal to Supervisors McGraw
and Nickens, the regional cable television committee, and the
County Attorney for further review and recommendation.
FISCAL IMPACT:
4% Franchise Fee
RECOMMENDATION:
It is recommended that this proposal be referred to the
staff and the regional cable television committee for further
review and recommendation.
Respectfully submitted,
r``~
Paul M. Mahoney
County Attorney
~~
Approved ( )
Denied ( )
Received ( )
Referred
To CQ-b~e-
TV' o m m .
ACTION
Motion by: Jah/~5on~~cz~~ett
~o ~e~~~.., fo C~ ~~ , v Brittle
Ga mm % ~te~ Garrett
Johnson
McGraw
Nickens
V U'1'~
No Yes Abs
LAW OFFICES
GLENN, FLIPPIN. FELDMANN 8c DA13BY
315 SHENANDOAH BUILDING
POST OFFICE BOX 2887
ROANOKE ,VIRGINIA 24001
( 703 ) 344 - 3000
FAX (703) 344 - 7805
February 13, 1987
Ms. Mary H. Allen, Deputy Clerk
Board of County Supervisors
P. O. Box 29800
Roanoke, Virginia 24018
Re: Cox Cable Roanoke, Inc. Franchise Agreement
Dear Ms. Allen:
I am enclosing a communication from Cox Cable Roanoke,
Inc. for placement on the County Board agenda and action at
the February 24, 1987 meeting.
Yours truly,
Robert E. Glenn
REG:bkb:0061011
Enclosure
cc: Mr. Bernard W. Langheim
Cox Cable Roanoke
1909 Salem Avenue S.W.
P.O. Box 13726
Roanoke, Virginia 24036
Cox Cable
Roanoke
February 12, 1987
Chairman and Members of the Board
of Supervisors of Roanoke County
3738 Brambleton Avenue, S.W.
Roanoke, Virginia 24018
Gentlemen:
We request your consideration of a renewal of the
franchise agreement between the County of Roanoke and Cox
Cable Roanoke, Inc. in order to simplify and clarify the
language of the present agreement, make certain additions and
deletions of substantive provisions, and extend the term of
the franchise. A suggested format for a renewal franchise
agreement patterned on franchises in other localities is
enclosed for your consideration.
Cox Cable is continuing to upgrade the system which now
has over 42,000 customers in the Roanoke Valley. We have
just commenced a program to replace converters of a type
which have been in use since 1975 with state of the art
addressable converters. This project will extend over a
three year period and involve an expenditure of approximately
$3,000,000.
The present franchise expires December 31, 1990. In
order to justify continued expenditures on capital items to
maintain and upgrade the system, Cox Cable must have an
expectation of recovering the cost of the capital expenditures
over an extended period. By doing so, we will be able to
hold the cost of service to our customers at a reasonable
rate. The rates now charged in the Roanoke Valley have been
and continue to be below the national average, and while it
is reasonable to anticipate rate increases in future years,
Cox would like to hold the rates at or below the national
average.
Cox Cable Roanoke, Inc. has earned and enjoys a good
reputation for quality, efficient delivery and service of
cable television to its customers. In order that Cox Cable
may continue to provide the best of services at a moderate
cost to its customers we request your favorable consideration
of the request for changes in the franchise agreement.
Chairman and Members of the Board
February 12, 1987
Page 2
We are making similar requests to the City of Roanoke
and the Town of Vinton.
We request that you, along with the City of Roanoke and
Vinton, refer this matter to the regional cable television
committee for its consideration and recommendation.
Yours truly,
~~~ ~ . ~~~
Bernard W. Langheim
Vice President and General Manager
Enclosure
AN ORDINANCE OF THE COUNTY OF ROANOKE PROVIDING FOR THE
RENEWAL OF THE PRESENTLY EXISTING NON-EXCLUSIVE FRANCHISE AND
GRANTING TO COX CABLE ROANOKE, INC. ITS SUCCESSORS AND
ASSIGNS (AS SPECIFICALLY QUALIFIED BY THE TERMS AND CONDITIONS
SET FORTH IN THIS ORDINANCE), A SUPPLEMENTAL NON-EXCLUSIVE
FRANCHISE TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE
TELEVISION SYSTEM WITHIN THE COUNTY OF ROANOKE, VIRGINIA, FOR
THE PERIOD BEGINNING WITH THE EFFECTIVE DATE OF THIS
ORDINANCE AND ENDING WITH THE 31ST DAY OF DECEMBER, 2006;
ESTABLISHING CONDITIONS AND REGULATIONS ACCOMPANYING THE
GRANTING OF SAID FRANCHISE; PRESCRIBING PENALITES FOR
VIOLATIONS OF THE PROVISIONS HEREOF; PROVIDING FOR THE
PAYMENT TO THE COUNTY FOR THE USE OF CERTAIN PUBLIC
PROPERTY; AUTHORIZING THE CHAIRMAN OF THE COUNTY OF ROANOKE
TO EXECUTE A CONTRACT INCORPORATING THE TERMS AND
CONDITIONS HEREOF; AND FOR OTHER PURPOSES.
NOW, THEREFORE, BE IT ORDAINED by the County Board of
Supervisors of the County of Roanoke, Virginia, as follows:
SECTION 1
DEFINITIONS
For the purpose of this Ordinance, the following terms, phrases,
words, and their derivations shall have the meanings given herein, unless
the context clearly indicates that another meaning is intended. The word
"shall" is always mandatory, and not merely directory:
A. Count - "County" shall mean the County of Roanoke, Virginia,
in and of the State of Virginia, in its present form or in any later re-
organized, consolidated or enlarged form and its duly authorized officials
acting on its behalf.
B. State - "State" shall mean the State of Virginia.
C. Chairman - "Chairman" shall mean the existing or succeeding
Chief Executive Officer of the County, or his designee.
D. Cable Act - "Cable Act" shall mean the Cable Communications
Policy Act of 1984.
E. Board of Supervisors; Board - "Board of Supervisors" or
"Board" shall mean the present governing body of the County or any
successor to the legislative powers of the present Board of Supervisors.
F. County Attorney - "County Attorney" shall mean the existing or
succeeding retained legal counsel of the County or his/her assistants.
G. Franchise - "Franchise" shall mean the permission, license or
authorization given hereunder to construct, operate and maintain a cable
television system in the County.
H. Franchisee - "Franchisee" shall mean Cox Cable Roanoke, Inc.,
its successors, transferees or assigns, the recipient of the franchise
granted herein.
- "Federal
I. Federal Communications Commission; F.C.C.
Communications Commission" or "F. C. C." shall mean that administrative
agency of the federal government responsible for cable television regulation
on a national level, or its lawful successors.
~. Cable Television System; "CATV System" shall mean a system
utilizing the streets and composed of, without limitation, antennae, cables,
wires, lines, towers, amplifiers, conductors, converters, equipment or
facilities designed, constructed or wired for the purpose of producing,
receiving, amplifying, and distributing by coaxial cable, fiber optics,
microwave or other means, audio and/or visual radio, television, electronic
or electrical signals to and from Subscribers.
K. Person - "Person" shall mean any person, firm, partnership,
association, corporation, company or organization of any kind.
L. Subscriber - "Subscriber" shall mean the lawful user of any
service delivered over the system to an individual dwelling unit or of
service to be utilized in connection with a business, trade or profession.
-Z-
M. Ordinance - "Ordinance" as used herein shall include this
Ordinance and as the same from time to time may be amended.
N. Channel - "Channel" shall mean a band of frequencies six (6)
megahertz wide in the electro-magnetic spectrum which is capable of
carrying either one (1) audiovideo television signal or a number of nonvideo
signals.
0. Public, Education and Government Access Channels; PEG
Channels - "Public, Education and Government Access Channels" or "PEG
Channels" shall mean those channels set aside for specific access purposes,
as described in Section 7 hereinafter.
P. Basic Subscriber Service; Basic Service - "Basic Subscriber
Service; Basic Service" shall mean all PEG Channels plus such other
channels, if any, which the Franchisee may, from time to time, carry as
Basic Service.
Q. Tier Service - "Tier Service" shall mean any service other than
Basic Service, or Premium service or Pay Per View Service provided over
the cable television system by Franchisee.
R. Normal Service Interval - "Normal Service Interval" shall mean
the period between the time that Franchisee is notified by a subscriber of a
service deficiency and the close of business on the fifth business day
following the receipt of such notice, provided that the subscriber or his
representative is available during this period at the premises to be
serviced.
S. Premium Service - "Premium Service" shall mean the delivery
over the cable television system of video and/or audio signals in intelligible
form to Subscribers for a fee or charge (over and above the charge for
Basic Service) on a per program, per channel or other subscription basis.
-3-
T. Annual Gross Subscriber Revenue - "Annual Gross Subscriber
Revenue" shall mean any and all compensation in whatever form, exchange
or otherwise, collected from subscribers connected to the system for cable
services within the confines of the County of Roanoke including but not
limited to, revenues from monthly subscriber rates; premium services; and
installations, connection and reinstatement charges; provided, however, it
does not include any compensation derived from taxes or copyright fees for
services furnished by Franchisee imposed directly or indirectly on any
subscriber or user by a local, state, or federal governmental unit; any
compensation derived as reimbursement of expenses in the operation of any
access channels; any compensation derived from the sale of advertising; any
compensation derived from leased access channels; any compensation derived
from the furnishings of other communications nonbroadcast services either
directly or as a carrier for another party; nor any compensation derived
from subscribers outside the county limits of Roanoke.
U. Street - "Street" shall mean the surface of and the space above
and between any public street, road, highway, freeway, lane, path, public
way or place, alley, court, sidewalk, boulevard, parkway, drive or other
easement now or hereafter held by the County for the purpose of public
travel and shall include such other easements or rights-of-way as shall be
now held or hereafter held by the County which shall, within their proper
use and meaning, entitle the County and its Franchisee to the use thereof
for the purpose of installing or transmitting cable television system
transmissions over poles, wires, cables, conductors, ducts, conduits,
vaults, manholes, amplifiers, appliances, attachments, and other property
as may be ordinarily necessary and pertinent to a cable television system.
-4-
V. Public School - "Public School" shall mean any school, college or
university located on the cable television system which is a part of the
Roanoke County School district or is a part of an educational program
operated by the County of Roanoke or the State of Virginia.
W. Private School - "Private School" shall mean any school, college
or university located on the cable television system that is part of a
parochial or religious school system and is operated not for profit.
X. Local Educational Authorities - "Local Educational Authorities"
shall mean those individuals, groups, organizations, or governmental
entities which provide for primary or secondary education, whether public
or private, within the County limits.
Y . Good Causes - "Good Causes" shall represent that set of facts
and circumstances which, in an individual case, a reasonable man would
adjudge to be beyond Franchisee's reasonable control and which would,
therefore, represent a justifiable excuse of non-performance. Good cause
shall include, but shall not be limited to, delays or interruptions arising
from necessary utility changes, re-arrangments, power outages, the
fulfillment of any federal, state, and/or local governmental or regulatory
restrictions or requirements, national emergency, uncontrollable material
shortages, fire, earthquakes or the elements and Acts of God.
SECT ION 2.
GRANT OF FRANCHISE
A. There is hereby granted by the County to Franchisee, and the
Chairman of the County of Roanoke is hereby authorized to execute a
contract providing for, the right, privilege and franchise to construct,
operate, maintain and upgrade a cable television system within the franchise
-5-
area as herein defined, for a period beginning with the effective date of
this Ordinance and ending the 31st day of December, 2006, subject to the
conditions and restrictions as hereinafter .provided.
B. At such time as proven technological advances shalt become
available to the industry and shall be deemed necessary and desirable by
the Board of the County, the Franchisee shall upon request of the County
open negotiations with the County. The part~~s shall negotiate in good
faith to determine if the addition of such technological advances are
technically and economically feasible, will benefit the County and the
Subscribers, and will not impose a financial burden on the Subscribers or
the Franchisee. If the parties so determine, this agreement may be
modified to include mutually acceptable provisions regarding the provision of
such technological advances.
SECTION 3.
AUTHORITY NOT EXCLUSIVE
The right to use and occupy said franchise area as defined in Section
4 herein for the purposes herein set forth shall not be exclusive, and the
County reserves the right to grant a similar use of said franchise area to
any person or entity at any time during the period of this Franchise upon
substantially similar terms and conditions as contained herein.
SECTION 4.
FRANCHISE AREA
This Franchise is for the present territorial limits of the County of
Roanoke, Virginia, and for any area henceforth added thereto during the
term of this Franchise.
-6-
SECTION 5.
EXTENSION OF COUNTY LIMIT
Upon the annexation of any territory to the County of Roanoke (other
than through a governmental consolidation process, as to which the County
makes no agreement), the right and Franchise hereby granted shall extend
to the territory so annexed to the extent which the County has authority;
and all facilities owned, maintained, or operated by Franchisee, located
within, under, or over streets of the territory so annexed, shall thereafter
be subject to alt terms hereof.
SECTION 6.
CABLE SERVICES
A. The cable television system contemplated herein shall have a
capacity of thirty five (35) channels available for immediate or potential use
for cable services.
B. Such thirty five (35) channel line-up shall initially include as
Basic Subscriber Service the following:
1. All signals required to be carried by the FCC.
2. PEG Channels required by Section 7.
3. News channel
4. Channel with weather information
C. Franchisee shall have the right to add, delete, modify, or
relocate any service as it, in its sole discretion, shall determine.
-7-
SECTION 7.
PEG, (PUBLIC, EDUCATIONAL, GOVERNMENTAL) ACCESS
A. The Franchisee shall make available two (2) access television
channels, for the use of the Public, Local Educational Authorities, and
Governments within the franchise area. The County shall be afforded
priority use on one channel.
B. The County recognizes the desirability of the Franchisee
carrying programming on access channels when such channels are not being
used for access purposes. To that end, the County shall endeavor to
cooperate with the Franchisee in scheduling educational, governmental and
public access, so that subject to the public, governmental and educational
systems' needs to reach particular audiences at particular times of the day,
and subject to total demand for access use, governmental, educational and
public access programs can be transmitted on a single access channel. The
Franchisee reserves the right to use for any purpose any unused channel
or channel capacity provided that access use shall have priority at all
times.
C. The Franchisee shall make no charge for the non-commercial use
of PEG access channels; provided, the Franchisee may assess reasonable
charges for the use of the studio, production facilities, staff and equipment
when used for non-commercial purposes.
SECTION 8
SERVICE TO PUBLIC SAFETY BUILDINGS
The Franchisee shall provide, when requested, a basic cable service
outlet to a single location in each of the designated public buiidings(s)
listed in Exhibit "A" attached hereto without a monthly service charge.
The cable installation at all County, educational, and public facilities being
-8-
provided free basic cable service will be made without charge if the facility
is located within three hundred (300) feet of existing cable plant. Should
the facility be located more than three hundred (300) feet from existing
cable plant or additional drops be requested, installation charges for these
drops shall be made "at cost" plus 10$ and without monthly service charge
for basic service.
Public buildings and schools with over one hundred (100) full time
students not listed in this section or which may be built in the future shall
also be provided service under the same conditions.
SECTION 9
OPERATIONAL STANDARDS
A. The cable television system shall be maintained in accordance
with the highest accepted standards of the industry to the end that the
subscriber may receive the highest and most desirable form of service.
B. The cable television system shall be capable of passing the entire
VHF and FM spectrum and it shall have the further capability of converting
UHF for the distribution to subscribers on the VHF band.
C. The cable television system shall be capable of transmitting and
passing the entire spectrum of color television signals without the
introduction of material degradation of color fidelity and intelligence.
D. The cable television system shall be designed and capable of
twenty four (24) hours per day continuous operation.
E. The cable television system shall be capable of and will produce
a picture upon any subscriber's television screen in black and white or
color (provided the subscriber's television set is capable of producing a
color picture) that is undistorted and free from ghost images and
accompanied by proper sound assuming the technical, standard production
-9-
television set is in good repair and that the television broadcast signal
transmission is satisfactory. In any event, the picture produced shall be
as good as the state-of-the-art and the -off the air signal received permits.
F. The cable television system shall transmit or distribute signals of
adequate strength to produce good pictures with good sound in all
television receivers of all subscribers without causing cross modulation in
the cables or interference with other electrical or electronic systems.
G. Franchisee shall not allow its cable or other operations to
interfere with the television reception of persons not served by Franchisee,
nor shall the system interfere with, obstruct or hinder in any manner the
operation of the various utilities serving the residents of the County.
H. Franchisee shall continue, throughout the term of this Franchise,
to maintain the technical standards and quality of service set forth in this
Ordinance. Should the Board find, by Resolution, that Franchisee has
failed to maintain these technical standards and quality of service, and
should it, by Resolution, specifically enumerated improvements to be made,
Franchisee shall make such improvements. Failure to take substantial steps
to make such improvements within thirty (30) days of written notice of the
effective date of such Resolution will constitute a material breach of a
condition of this Franchise for which the provisions of Section 30 herein are
applicable.
SECT ION 10
CONSTRUCTION STANDARDS
A. Franchisee shall, at all times, employ ordinary care and shalt
install and maintain reasonable devices or systems for preventing failures
and accidents which are likely to cause damage, injuries or nuisances to the
public.
-10-
B. Franchisee shall install and maintain its wires, cables, fixtures,
and other equipment so as not to interfere with the equipment of any utility
serving the residents of the County or any other entity lawfully and
rightfully using the conduit, pole or other part of the right-of-way.
C. The cable television system shall at all times conform to the
standards set forth below:
1. Each cable distribution system in the public streets shall comply
with all applicable laws and ordinances and governmental
regulations regarding clearances above ground.
2. Franchisee shall at all times use ordinary care and shalt install
and maintain in use commonly accepted methods and devices for
preventing failures and accidents which are likely to cause
damage, injuries or nuisances to the public.
3. Franchisee shalt construct and operate the system and related
facilities in accordance with all generally accepted related
industry codes, standards and recommendations that are
applicable now or that may hereinafter become applicable.
D. All conductors, cables, towers, poles and other components of
the system shall be located and constructed by the Franchisee in back of
the street curbs so as to provide minimum interference with access by
adjoining property owners to the streets and public ways, and no pole or
other fixture of the Franchisee shall be placed in the public way so as to
interfere with the usual travel on such public way.
-11-
SECTION 12
CONDITIONS OF STREET OCCUPANCY
A. All transmission and distribution structures, lines, and
equipment erected by Franchisee within the franchise area shall be located
so as to cause minimum interference with the proper use of streets, alleys
and other public ways and places and to cause minimum interference with
the rights and reasonable convenience of property owners who join any of
said streets, alleys, or other public ways and places. The cable television
system shall be constructed and operated in compliance with all applicable
local, state, and national construction and electrical codes which are in
effect as of the date of this Ordinance or which shall come into effect at
anytime during the term of this Franchise.
B. Except when expressly permitted in writing by the County
Engineer, under such conditions as it shall prescribe for the public
welfare, Franchisee shall not erect, nor authorize or permit others to erect,
any poles or other facilities within the streets of the County for the
conduct of its cable television system, but shall use the existing poles and
other equipment of the appropriate electrical power and telephone or other
utility companies under such terms and agreements as Franchisee shall
negotiate with these companies.
C. Should Franchisee be required, in the conduct of its business,
to locate property within the streets of the franchise area, other than
property which may be attached to utility poles, then, in that event, before
Franchisee shall install, or shall permit any other person to install for
Franchisee, any such property in the street, the nature of such property
-12-
shall be disclosed to the County for its approval as to the need thereof and
as to the location within the street, and then only under such conditions as
the County shall prescribe concerning such location or installation.
D. Whenever the County or State of Virginia shall require the re-
location or re-installation of any property of Franchisee in any of the
streets of the franchise area, it shall be the obligation of Franchisee, upon
notice of such requirements, to remove and relocate or re-install said
property within ninety (90) days of such notice. Such re-locations,
removal or re-installation by Franchisee shall be at the sole cost of
Franchisee.
E. Whenever in any place within the franchise area, all of the
electric and telephone utilities shall be located underground, it shall be the
obligation of Franchisee to locate or to cause its wires to be located
underground in such places. Any facilities of Franchisee placed
underground at the property owner's request, in an area where electric or
telephone facilities are aerial, shall be installed with the additional expense
being paid by the property owner.
F. Franchisee shall have the authority to trim trees upon and
overhanging streets of the franchise area so as to prevent the branches of
such trees from coming into contact with Franchisee's wires and cables.
Franchisee shall obtain from the County a permit to conduct any such
trimming and the same shall be conducted in strict obeyance of all local laws
and ordinances and at the sole expense of Franchisee.
-13-
G. In the case of any disturbance of any street or sidewalk caused
by Franchisee, Franchisee shall at its own cost and expense and in a
manner approved by the County, replace and restore such street or
sidewalk in as good condition as before the work involving such disturbance
was done.
H. Franchisee shall maintain, repair and keep in good condition far
a period of one (1) year following such disturbance ail portions of a
sidewalk or street dis turbed by it or its agents, provided such maintenance
and repair shall be made necessary because of defective workmanship or
materials supplied by Franchisee.
1. Franch isee shall, upon the request of any person holding a
building moving permit issued by the County, temporarily remove, raise or
lower its wires to permit the moving of such buildings. The expense of
such temporary removal or raising or lowering of the wires shall be paid by
the person requesting the same, and Franchisee shall have the authority to
require such payment in advance. Franchisee shall be given not less than
seven (7) days advance notice to arrange for such temporary wire changes.
J. If, at any time, in case of fire or disaster in the franchise area,
it shall become necessary in the judgment of the Chairman or the Chief of
the Fire Department to cut or move any of the wire cables, amplifiers,
appliances or other fixtures of Franchisee, this may be done and the
repairs thereby rendered necessary shall be made by Franchisee, at
Franchisee's sole cost and expense and without charge against the County.
K. Franchisee's work, while in progress, shall be properly executed
at all times with suitable barricades, flags, lights, flares or other devices
as are reasonably required to protect all members of the public having
occasion to use the portion of the streets involved or adjacent property.
-14-
SECTION 13
SUPERVISION BY THE COUNTY
A. Franchisee shall construct, operate and maintain the cable
television system in strict compliance with all laws, ordinances, and
departmental rules and regulations affecting the cable television system.
B. The cable television system and all parts thereof shall be subject
to the right of reasonable periodic inspection by the County.
C. If, at any time, the powers of the County Board of Supervisors
or any agency or official of the County are transferred by law to any other
board, authority, agency or official, then such other board, authority,
agency or official shall have the powers, rights, and duties previously
vested under this Ordinance in the County Board of Supervisors or any
agency or officia{ of the County.
D. The County and the Franchisee, by its acceptance hereof, agree
that the purposes of the provisions hereof are to create the relationship of
Franchisor and Franchisee, to provide for the terms and conditions of that
relationship, including compensation for the use of municipal property and
municipal supervision, and the conditions upon which such property may be
utilized, and not to provide for benefits to any third party whatsoever.
SECT ION 14
SYSTEM EXTENSION TO NEW SUBSCRIBERS
A. Franchisee shall, whenever it receives a written request for
aerial service from at least five (5) subscribers or a written request for
underground service from at least ten (10) subscribers within seven
hundred fifty five (755) feet of its system, extend such system to such
subscribers at no cost to the subscribers for the system extension other
than the usual connection fees for all subscribers. The seven hundred
-15-
fifty five (755) feet shall be measured in extension lengths of Franchisee's
cable required for service located within the public way or easement and
shall not include the length of necessary service drops to the subscriber's
home or premises.
B. Franchisee must extend and make cable television service
available to any isolated resident requesting a connection at the applicable
connection charge, (including any additional charge for installing
underground cable in an area which is predominantly serviced by aerial
cable) if the connection to the isolated resident from existing cable plant
would require no more than a standard one hundred fifty (158) foot aerial
drop.
C. The following line extensions policy which provides a method of
sharing construction costs with customers living in areas which do not meet
the requirements of the franchise ordinance and are not financially feasible
for construction shall be implemented by Franchisee. The purpose of the
this policy is to provide a one time construction charge to those areas of
low customer per mile density based upon the percentage of how far below
the minimum of 35 customers per mile the area is, divided by the number of
potential customers.
-16-
CONSTRUCTION COST CALCULATIONS
(One to thirty-five customers per plant mile)
CUSTOMERS CUSTOMER CUSTOMERS CUSTOMER
PER MILE CONTRIBUTION PER MILE CONTRIBUTION
1 97.1$ 18 48.6$
2 94.3$ 19 45.7$
3 91.4$ 20 42.9$
4 88.6$ 21 40.0$
5 85.7$ 22 37.1$
6 82.9$ 23 34.3$
7 80.0$ 24 31.4$
g 77.1$ 25 28.6$
g 74.3$ 26 25.7$
10 71/4$ 27 22.9$
11 68.6$ 28 20.0$
12 65.7$ 29 17.1$
13 62.9$ 30 14.3$
14 60.0$ 31 11.4$
15 57.1$ 32 8.6$
16 54.3$ 33 5.7$
17 51.4$ 34 2.9$
* Average cost of construction, per plant mile, (not including in-house
installation) to be divided equally among customers on each mile of plant
extension.
Aerial - $14,000 Underground - $20,000
* ( Construction cost can expect to increase by S$ annually. )
Two years after an extension affected by this policy has been
electronically activated, an accounting of any additional customers along
said extensions will be recognized and contributions will be recalculated at
the original construction cost, divided by the final customer per mile count
and all owners, at the time of recount, will be reimbursed equally at the
lesser customer per mile contribution percentages. Ail additional growth
after this time frame will be connected as provided herein.
-17-
Any tine extention wilt commence only after potential customers in an area
are surveyed indicating their interest in said extention, capital monies
(normally allocated once annually) are appropriated for said extention and
instrested home owners along extention remit their contribution.
SECTION 15
REMOVAL OF FACILITIES UPON REQUEST
Upon termination of service to any subscriber, Franchisee shall
promptly remove all of its facilities and equipment, other than its "drop
cable", from the premises of such subscriber upon his written request.
Such removal shall be at no cost to the subscriber.
SECTION 16
RENTAL PROPERTIES
To the extent that the provisions contained in this Section are
consistent and not in conflict with any federal, state, or local law or
regulation in existance now or at anytime during the term of this Franchise,
the following shall apply:
No landlord shall unreasonably interfere with the installation of cable
television facilites upon his or her property or premises requested by a
lawful tenant except that a landlord may require:
1. That the installation of cable television facilities conform
to such reasonable conditions as are necessary to protect
the safety, functioning and appearance of the premises,
and the convenience and well-being of other tenants;
2. That the Franchisee or the tenant or a combination
thereof bear the entire cost of the installation, operation
or removal of such facilities;
-18-
3. That the Franchisee and the tenant agree to indemnify
the landlord for any damages caused by the installation,
operation or removal of such facilities; and
4. That the Franchisee pay the landlord upon his request
the reasonable value for the use of its property, it being
presumed that One Dollar ($1.00) is reasonable.
SECTION 17
INTERCONNECTION
A. In accepting this franchise, the Franchisee acknowledges and
accepts the requirements wherein the Franchisee will fully interconnect the
CATV system constructed and operated within the County with the system
constructed and operated in the City of Roanoke and the Town of Vinton.
Such interconnection is to be achieved so as to provide identica! service to
all subscribers, irrespective of their location within the County, City, or
Town, under identical terms and conditions and charges, unless such
requirement is specifically waived by the respective governing bodies of the
County, City and Town. However, it is understood that programs which
would be of interest only to the residents of one of the communities need
not be distributed to the other communities.
B. It is further agreed that the Franchisee's system shall be
capable of interconnection with other CATV systems throughout the
Commonwealth of Virginia for the purpose of developing a statewide general
educational telecommunications network or networks; provided, however,
that the Franchisee shall not be required to pay the cost of interconnecting
its CATV system for this purpose with systems in other political
subdivisions.
_19_
SECTION 18
FRANCHISE FEES
A. Franchisee herein shall pay to the County for the use of the
streets and other facilities of the County in the operation of the cable
television system and for the municipal supervision thereof a sum equal to
four (4$) per cent of the Annual Gross Subscriber Revenues as defined
herein of the Franchisee. The Franchisee shall file with the County within
Sixty (60) days after the expiration of the Franchisee's fiscal year a
financial statement clearly showing in detail the Gross Subscriber Revenues
received by the Franchisee during the preceding year. Payment of the
Franchise Fee shall be rendered to the County at the time such statements
are filed.
B. In the event this Franchise should be terminated or forfeited
prior to the end of the Franchise term as defined herein, Franchise shall
immediately submit to the County a financial statement as required in
Subsection A herein showing the Gross Subscriber Revenues of Franchisee
for the time elapsed since the last fiscal year report. Franchisee shall pay
to the County not later than sixty (60) days following the termination of
this Franchise a like percentage of such Gross Subscriber Revenues and
any other sums legally due and owing to the County.
C. In the event that any payment is not made on or before the
applicable date fixed in Subsections A and B herein, Franchisee shall be
subject to a penalty not to exceed 5$ of the amount due.
D. The County shall have the right to inspect at reasonable times
the Franchisee's records showing the Gross Subscriber Revenues from which
its franchise payments are computed. The right of audit and recomputation
of any and all amounts paid under this Franchise shall always be accorded
-20-
to the County. Should the County notify Franchisee in writing of its
desire to inspect and/or audit Franchisee's records, Franchisee shall be
obligated to produce such records and make them available at its local
offices maintained in the County of Roanoke within seven (7) days of such
notification.
E. Payments of compensation made by Franchisee to the County
pursuant to the provisions of this Ordinance shall not be considered in the
nature of a tax, but shall be considered in addition to and exclusive of any
and all taxes, or other levies or assessments which are now or which may
hereafter be authorized by the Laws of the United States, the State of
Virginia or the County of Roanoke.
SECT ION 19
LOCAL BUSINESS OFFICE
Franchisee shall maintain a local business office or a toll-free
telephone listing for the purpose of receiving inquiries, complaints and
requests for repairs or adjustments from its customers and the general
public. Said office or listing shall be so operated that complaints and
requests for repairs or adjustments may be received and processed with a
minimum delay. Provisions shall also be made for telephonically receiving
service interruption calls on a twenty four (24) hour basis.
SECTION 20
SERVICE MAINTENANCE STANDARDS
A. Franchisee shall maintain a sufficient repair and maintenance
crew capable of responding to subscriber complaints or requests for service
within the normal service interval as defined herein.
-21-
B. Refunds to Subscribers
1. Any verbal, telephonic, or written complaint relating to
the quality or continuity of service shall be attended to
within the normal service interval as defined herein. !n
the event that such complaints are not responded to or
service is not restored to the levels required by the
F.C.C. or by the terms of this Ordinance during said
normal service interval absent good cause, the subscriber
upon request in writing shall be entitled to a rebate of
one-thirtieth (1/30) of his monthly service charge for each
day or part thereof between the end of the normal service
interval and the time service is restored to said standards.
2. If any subscriber terminates the Basic Subscriber Service
prior to the end of a prepaid period for any reason, ail
unearned service fees as of the date Franchisee terminates
such service shall upon written request be refunded to the
subscriber.
3. The provisions contained in this subsection shall not
apply if the discontinuation of service is occasioned because
of an Act of God, strike, national emergency, good cause
or any other circumstances beyond the control of
Franchisee. Similarly, this provision shall not apply to
service requests or complaints pertaining to television set
malfunctions or other breakdowns not related to the
operation of the cable television system.
_ZZ_
cause to credit the allegations. If he determines after such
investigation that there is probable cause to credit the
allegations of the complaint, he shall so notify Franchisee
and Complainant in writing and promptly endeavor to
resolve the matter by conciliation and persuasion. In the
event that the County Complaint Officer is unable to obtain
conciliation within a reasonable time, he shall promptly set
the matter for a hearing where all parties may give
evidence and the merits of the dispute will be decided.
The County Complaint Officer shall make public his
decision, along with a statement reciting the basis therefor.
Within thirty (30) days thereafter, either Franchisee or the
Complaintant may appeal to the Board, in writing, the
decision rendered by the County Complaint Officer. At the
appeal hearing, the aggrieved party may contest the
findings of fact or interpretation of controlling law, at
which time the Board may affirm, reject, or modify the
decisions of the County Complaint Officer. The affirmance,
rejection, or modification of said decision by the Board may
be appealed to a court of competent jurisdiction.
B. 1. Where there have been a substantial number of similar
complaints made, or when there exists other evidence
which, in the judgment of the County Complaint Officer,
casts doubt on the reliability or quality of cable service,
the County Complaint Officer shall have the right and
authority to compel Franchisee to test, analyze, and report
on the performance of the system. Such report shall be
-24-
SECTION 21
COMPLAINT PROCEDURES
A. 1. Franchisee shall establish procedures for receiving, acting
upon and resolving subscriber complaints. Franchisee shall
furnish a notice of such procedures to each subscriber at
the time of the intitial subscription to the system. in
addition, Franchisee shall maintain a written record, or
"log", listing the date and time of each customer's
complaints and when and what action was taken by
Franchisee in response thereto. Such records shall be kept
for a period of one (1) year at Franchisee's local offices
reflecting the operations to date and shall be available for
inspection by the County Complaint Officer during normal
business hours.
2. The Chairman or his authorized designee is hereby
designated as the County Complaint Officer and shall have
the primary responsibility for the cor-tinuing sdministration
of the complaint procedures hereunder. Any subscriber,
user, programmer, or other interested person who has a
complaint regarding the quality of cable television service,
equipment malfunctions, billings, or any other matters,
which remain unresolved for thirty (30) days after same
have been brought to Franchisee's attention in writing, may
file a complaint, in writing, with the County Complaint
Officer. Upon the filing of such complaint, said County
Complaint Officer shall notify Franchisee and make an
investigation to determine whethe-- or not there is probable
-23-
delivered to the County Complaint Officer no later than
thirty (30) days after said Officer formally notified
Franchisee and shall include the following information:
(a) The nature of the complaints which precipitated the
special tests;
(b) What system component(s) was tested, the equipment
used, and procedures employed in said testing:
(c) The results of such tests;
(d) The method in which said complaints were resovied,
if applicable; and
(e) Any reasonable additional information deemed
relevant by the County Complaint Officer.
2. Said tests and analysis shall be supervised by a registered
professional engineer not on the permanent staff of Franchisee.
The aforesaid engineer shall sign all records of special tests and
shall forward such records to the County Complaint Officer with
a report interpreting the result of the tests and recommending
action to be taken by the County. The expenses incurred for
obtaining the assistance of a registered professional engineer
shall be borne equally by the parties.
SECT ION 22
RECORDS, REPORTS E FILINGS
A. Franchisee shall keep separate, complete, and accurate books
of accounts and records of its local business and operations under and in
connection with the terms of this Ordinance.
-25-
B. The Chairman or his authorized agent shall have local access
to all books of account and records of Franchisee for the purpose of
ascertaining the correctness of any and all reports and certifying
compliance with this Ordinance.
C. Copies of all petitions, applications, and communications
submitted by Franchisee to the Federal .Communications Commission,
Securities and Exchange Commission, or any other federal or state
regulatory commission or agency having jurisdiction in respect to any
matters affecting the cable television system authorized pursuant to this
Franchisee shall also be submitted upon written request to the County.
D. Any false entry in the books of account or records of
Franchisee or false statements in the reports to the County as to a materia!
fact, knowingly made by Franchisee, shall constitute a breach of a material
provision of this Ordinance and this Franchise.
E. Nothwithstanding any provisions contained herein, Franchisee
shall provide local access to any and a!I records and documents which this
Ordinance and Franchise shall give the County the right to request from
Franchisee. Said access shall be provided at Franchisee's local offices and
shall be available during normal business hours.
SECTION 23
LETTER OF CREDIT
A. Within ten (10) days after receipt of written request by the
County, Franchisee shall deposit with the Clerk of the Board a Letter of
Credit from a financial institution in the amount of Ten Thousand
($10,000.00) Dollars. The form and content of such Letter of Credit shall
be approved by the County and shall contain a provision that the Issuer of
such Letter of Credit can rely absolutely on the demand of the County upon
-26-
said Letter of Credit. The Letter of Credit shall be used to ensure the
faithful performance by Franchisee of all provisions of this Ordinance;
compliance with all orders, permits and directions of any agency,
commission, board, department, division, or office of the County having
jurisdiction over its acts or defaults under this Franchise; and the payment
by Franchisee of any claims, liens, and taxes due the County which arise
by reason of the construction, operation or maintenance of the system.
6. The Letter of Credit shall be maintained at Ten Thousand
($10,000.00) Dollars during the entire term of this Franchise, even if
amounts have been withdrawn pursuant to Subsections A, C, or D of this
Section.
C. If Franchisee fails to pay the County any compensation within
the time fixed herein, or fails after ten (10) days' written notice to pay to
the County any taxes due and unpaid, or fails to repay the County within
such ten (10) days any damages, costs, or expenses which the County is
compelled to pay by reason of the acts or default of Franchisee in
connection with this Franchise, or faits after reciept of ten (10) days'
written notice of such failure by the County to comply with any provision
of this Franchise which the County reasonably determines can be remedied
by demand on the Letter of Credit, the County may, subject to Subsection
D herein, demand payment of the amount thereof from the Letter of Credit.
Upon such demand for payment, the County shall notify Franchisee of the
amount and date thereof.
D. Notwithstanding Subsection A and C hereinabove and prior to
any payment from the Letter of Credit, in the case of a bona fide dispute
regarding compliance, Franchisee may request a hearing before the
Chairman within thirty (30) days after written notification of non-compliance
-27-
by the County. At such hearing, all parties may give evidence and the
merits of the dispute will be decided. The Chairman shall make public his
decision, along with a statement reciting the basis therefor. Within thirty
(30) days, Franchisee may appeal to the Board, in writing, the decision
rendered by the Chairman. At the appeal hearing, Franchisee may contest
the findings of fact or interpretation of controlling law, at which time the
Board may affirm, reject, or modify the decision of the County's Chief
Administrative Officer. The affirmance, rejection, or modification of said
decision by the Board may be appealed to a court of competent jurisdiction.
E. The rights reserved to the County with respect to the Letter
of Credit are in addition to all other rights of the County, whether
reserved by negotiation with Franchisee or authorized by law, and no
action, proceeding, or exercise of a right with respect to such Letter of
Credit shall affect any other right the County may have.
F. The Letter of Credit shall contain the following endorsement:
"It is hereby understood and agreed that this Letter of Credit
may not be cancelled by the issurer hereof nor the intention not
to renew be stated by the insurer hereof until thirty (30) days
after receipt by the County of Roanoke, Virginia, by registered
mail of a written notice of such intention to cancel or not to
renew."
SECTION 24
LIABILITY INSURANCE
A. Franchisee shall maintain, and by its acceptance of this
Franchise specifically agrees that it will maintain, throughout the term of
this Franchise, liability insurance insuring the County (and naming the
-28-
County, its officers, boards, commissions, agents and employees as
additional named insureds) and Franchisee with respect to any and sll
damages for the following:
1. A general comprehensive public liability insurance policy
indemnifying, defending and saving harmless the County, its officers,
boards, commissions, agents, or employees, from any and all claims by any
person or entity whatsoever on account of injury to or death of a person or
persons or derivative from any injury to or death of a person or persons
(i.e., including, but not limited to, claims for consortium, loss of service,
medical and other expenses,) occasioned by the operations of Franchisee
under this Franchise or alleged to have been so caused or occurred with a
minimum liability of $500, 000.00 per personal injury or death of any one (1)
person and $1,000,000.00 per personal injury or death of any two (2) or
more persons in any one (1) occurrence.
2. Property damage insurance indemnifying, defending and
saving harmless the County, its officers, boards, commissions, agents and
employees from and against all claims by any person or entity whatsoever
for property damage, including loss of use and all consequential damages,
occasioned by the operation of Franchisee under this Franchise or alleged to
have been so caused or occurred with a minimum liability of $250,000.00 for
property damage to any one (1) person and $500,000.00 for property
damage to any two (2) or more persons in any one (1) occurrence.
3. $1,000,000.00 for all other types of liability.
-29-
All insurance shall be kept in full force and effect by Franchisee
throughout the term of this Franchise and until after the removal of all
poles, wires, cables, underground conduits, manholes and other conductors
and fixtures incident to the maintenance and operation of the cable
television system as defined in this Franchise.
B. A certificate of the insurance policy shall be filed and
maintained with the Clerk of the Board during the term of this Franchise.
C. Neither the provisions of this Section nor any damages
recovered by the County hereunder shall be construed as limiting the
terms, obligations, or tiabilites imposed under other Sections of this
Franchise.
D. All insurance policies maintained pursuant to this Franchise
shall contain the following endorsement:
"It is hereby understood and agreed that this insurance policy
may not be cancelled by the insurer nor the intention not to
renew be stated by the insurer until Thirty (30) days after
receipt by the County of Roanoke, Virginia, by registered mail,
of a written notice of such intention to cancel or not to renew."
SECTIQN 25
GENERAL INDEMNIFICATION
Franchisee agrees by the acceptance of this Franchise to
indemnify, hold, and save the County free and harmless from all liability on
account of injuries, deaths, or damages to persons or property arising out
of the construction, maintenance, repair, and operation of its cable
television system. In the event that suit shall be brought against the
County, either independently or jointly with Franchisee on account thereof,
Franchisee shall, upon notice by the County, defend the County in any
-30-
such suit at the cost of Franchisee, and, in the event of a settlement or
final judgment being obtained against the County either independently or
jointly with Franchisee, Franchisee shall indemnify the County and pay such
settlement or judgment, together with all costs, and hold the County
harmless therefrom. Franchisee shall pay, and by its acceptance of this
Franchise specifically agrees that it will pay, all expenses incurred by the
County in defending itself with regard to all damages and penalties
mentioned in Subsection A hereinabove.
SECTION 26
TRANSFER OF CONTROL
A. No transfer of control of the cable television system shall take
place, whether by forced or voluntary sale, lease mortgage, assignment,
encumbrance, or any other form of disposition, without prior written notice
to and approval by the Board which shall not be unreasonably refused.
The notice shall include full identifying particulars of the proposed
transaction, and the Board shall act by Resolution. The Board shall have
thirty (30) days within which to approve or disapprove a transfer of
control. If no action is taken within such thirty (30) day period, approval
shall be deemed to have been given.
B. A rebuttable presumption that a transfer of control has
occurred shall arise upon the acquisition or accumulation by sny person or
group of persons (except by descent or by an affi{iate) of Ten (10$) per
cent of the voting shares of Franchisee.
-31-
C. Neither mortgage or pledge of the .:able system equipment or
any part thereof, or a leasing by Franchisee from another person of said
cable system equipment or part thereof, for financing purposes or otherwise
nor a transfer of assets to an affiliate shall require the prior written
approval of the Board.
SECTION 27
RECEIVERSHIP
The Board shall have the right to cancel this Franchise one hundred
twenty (120) days from and after the appointment of a receiver or trustee
to take over and conduct the business of Franchisee, whether in
receivership, reorganization, bankruptcy, or other action or proceeding,
unless such receivership or trusteeship shall have been vacated prior to the
expiration of said one hundred twenty (120) days.
SECTION 213
FORECLOSURE
Upon the foreclosure or other judicial sale of all or a substantial
part of the cable television system, Franchisee shall immediately notify the
County of such fact in writing, and such notification shall be treated as a
notification that a change in control of Franchisee has take place, and the
provisions of Section 26 of this Ordinance governing the consent of the
Board to such change in control of Franchisee shall apply.
SECT ION 29
REVIEW S RENEWAL
A. It shall be the policy of the County to amend this
Franchise upon application of the Franchisee when necessary to enable
Franchisee to take advantage of proven advancements in the state of the art
which will afford it an opportunity to more effectively, effictentty or
-32-
economically serve its subscribers; provided, however, that this Section
shall not be construed to require the County to make any amendment. In
considering whether the County shall allow any such amendments, the
following guidelines, among others shall be considered:
1. Whether Franchisee has demonstrated by a customer
survey that there exists a neec. and a market for the new
advancement;
2. Whether the new advancement will have an adverse impact
on the existing service and rates; and
3. Whether the new advancement is technologically proven
and economically feasible.
No such amendment shall create any rights in Franchisee other than those
specifically set out in such amendments.
Every five (5) years during the term of this Franchise, within 30
days of the anniversary of its effective date, and upon written request of
either party, the Board shall hold a public hearing, the purpose of which
will be to consider system performance, design modifications, or other
possible modifications in the Franchise of a nature that would not result in
effectively terminating same. Franchisee shall furnish to the County a
written statement at least ten (10) days prior to such Public Hearing
setting out its position concerning system performance, design
modifications, or other possible modifications in the Franchise. Should it be
determined by the Board during such public hearing that the Franchisee
has substantially complied with the material terms of the Franchise, that the
quality of the Franchisee's service has been reasonable in light of
community needs, and that the Franchisee's cable service is reasonable to
meet the cable-related community needs and interests, then the Board shall
-33-
grant to Franchisee an extension of Five (5) years to the expiration date as
set forth in Section 2, Paragraph A. This Franchise may be amended at
any time in order to conform with the applicable law and rulings after
notice and public hearing.
B. The Franchisee shall have a reasonable expectation of renewal
upon expiration of this Franchise and the renewal process shall be as
provided in the Cable Act.
SECTION 30
REVOCATION OF FRANCHISE
A. In addition to all other rights and powers reserved or
pertaining to the County, the County reserves, as an additional and ss a
separate and distinct remedy, the right to revoke this Franchise and all
rights and privileges of Franchisee hereunder in any of the following
enumerated events or for any of the following reasons:
t. Franchisee shall, by act or omm~ission, violate any material
or substantial term or condition of this Ordinance or
Franchise agreement and shall within thirty (30) days
following receipt of written notice by the County to effect
such compliance, fail to do so or take substantial steps to
do so; or
2. Franchisee becomes insolvent, unable or unwilling to pay its
debts, or is adjudged a bankrupt, and the conditions in
Section 27 have not been met, or all or part of Franchisee's
facilities should be sold under an instrument to secure a
debt and are not redeemend by Franchisee within thirty
(30) days from said sale; or
-34-
3. Franchisee fails without good cause to restore service to a
majority of the system following ninety six (96) consecutive
hours of interrupted service, except when approval of such
interruption is obtained from the County; or
4. Franchisee attempts to or does practice any fraud or deceit
or pattern of material misrepresentation in its conduct or
relations with the County under this Franchise.
B. No such revocation shall be effective unless or until the Board
of Supervisors shall have adopted an Ordinance setting forth the cause and
reason for the revocation and the effective date thereof, which Ordinance
shall not be adopted without thirty (30) days prior written notice thereof to
Franchisee and an opportunity affording due process for the Franchisee to
be heard upon the proposed adoption of said Ordinance. Franchisee shalt
furnish to the County a written statement at least ten (10) days prior to
the date on which the Board convenes to consider such proposed Ordinance
setting out its position relative to the cause(s) of such revocation.
C. Franchisee shall not be declared in default nor be subject to
any sanction under any provision of this Section in any case in which the
performance of such provision is prevented for reasons of good cause.
D. Nothing contained herein shall be construed as precluding
Franchisee from access to a court of competent jurisdiction.
-35-
SECTION 31
FRANCHISEE'S OBLIGATION TO REMOVE
OR TO SELL ITS FACILITIES
IN THE EVENT OF REVOCATION OR NON-RENEWAL
A. In the event of revocation of this Franchise as provided for in
Section 30 herein or in the event this Franchise is not renewed as provided
for in Section 29 herein, the County shall have the option of either
requiring Franchisee to remove from the public street where its properties
are located all or any part of its equipment and facilities so located within
one hundred eighty (180) days of the effective date of such revocation or
non-renewal, or of requiring Franchisee to leave all of its equipment and
facilities in place within the franchise area.
B. The Chairman is hereby authorized to enforce the provisions of
this Section as hereinafter provided:
1. The Chairman shall immediately notify Franchisee in writing
of such revocation or non-renewal. Within one hundred
eighty (180) days following receipt of such notice,
Franchisee shall, if required, remove from the streets of
the County upon, over and under which its properties are
located all of said properties. Such removal, if required,
shall be preformed by Franchisee in such a manner so as to
not permanently destroy, mar, or damage the franchise
areas in which such removal Is being conducted. The
County shalt make an inspection of the areas in which the
removal is being or has been conducted, and should it be
found that Franchisee has unreasonably, within the
discretion of the County, destroyed, marred, or damaged
-36-
such areas, Franchisee shall be held responsible for the
expenses of repairing such areas to the satisfaction of the
County.
C. In the event Franchisee has not removed it facilities within one
hundred eighty (180) days as described herein, or in the event the County
elects not to require Franchisee to remove its facilities, Franchisee shall be
obligated to sell at fair market value its facilities in place within the
franchise area to either the County or to any new franchised cable
operator. Such facilities shall be appraised by a qualified appraiser
acceptable to Franchisee and the County to determine fair market value,
provided such appraisal shall not include any valuation for the Franchise.
SECTION 32
RIGHTS RESERVED TO THE COUNTY
Without limitation upon the rights which the County might otherwise
have, the County does hereby expressly reserve the following rights,
powers, and authorities:
A. To exercise its governmental powers now or hereafter to the
full extent that such powers may be vested in or granted to the County.
B. To grant additional franchises wish the County to other
persons for the conduct of a cable television system under terms and
conditions substantially similar to those contained herein.
C. To exercise any other rights, powers or duties required or
authorized under the Constitution of the State of Virginia, the Laws of
Virginia, or of The County of Roanoke.
-37-
SECTION 33
RIGHTS OF INDIVIDUALS
A. Franchisee shall not deny service, deny access, or otherwise
discriminate against subscribers, channel users, or general citizens on the
basis of race, color, religion, national origin, or sex. Franchisee shall
comply at all times with all other applicable federal, state, and local laws
and all executive and administrative orders relating to non-discrimination.
6. Franchisee shall not refuse to hire or employ, nor bar or
discharge from employment, nor discriminate against any person in
compensation or in terms, conditions, or privileges of employment because
of age, race, religion, color, national origin, or sex. Franchisee shall
strictly adhere to the Equal Employment Opportunity requirements of the
Cable Act and the F.C.C.
C. Neither Franchisee nor the County shall tap or monitor or
arrange for the tapping or monitoring, or permit, either expressly or
impliedly, any other person to tap or monitor any cable, line, signal input
device, or subscriber outlet or receiver for any purpose whatsoever,
without the express written permission of the subscriber; provided,
however, that Franchisee shall be entitled to conduct systemwide or
individually addressed "sweeps" for the purpose of verifying system
integrity, controlling return-path transmission, or to detect and prosecute
theft of service.
D. Franchisee shall comply fully with provisions of the Cable Act
regarding the protection of subscriber privacy.
E. Except as otherwise required by the Cable Act and the
F.C.C. , Franchisee shall exercise no control over program content on any
of the access channels.
-38-
F. Liability for obscenity, defamation or invasion of privacy on
any access channels shall rest with the person, group of persons, or any
organization or corporation utilizing said access channels.
SECTION 34
COMPLIANCE WITH MUNICIPAL, STATE, AND
FEDERAL LAWS, RULES AND RE('ULATIONS
A. Notwithstanding any other provisions of this Franchise to the
contrary, Franchisee shall at all times comply with all laws, rules and
regulations of the State and Federal governments or any administrative
agencies thereof; provided, however, that if any such State or Federal
Law, rule or regulation shall require Franchisee to perform any service or
shall prohibit Franchisee from performing any service or shall permit
Franchisee to perform any service in conflict with the terms of this
Franchise or of any law, rule or regulation of the County, then Franchisee
shall notify the County of the point of conflict believed to exist between
such law, rule, or regulation and the laws, rules, or regulations of the
County or this Franchise.
B. If the Board determines that a material provision of this
Ordinance is affected by such subsequent action, the parties shalt have the
right to modify any of the provisions herein to such reasonable extent as
may be necessary to carry out the full intent and purpose of this Ordinance
while complying with applicable law.
C. Franchisee shall be subject to all County Ordinances, rules
and regulations, and Franchisee and County shall be subject to sll laws,
court rulings and rules and regulations which, from time to time, may be
applicable.
-39-
SECTION 35
EMPLOYMENT REGULATIONS
Franchisee shall not refuse to hire or employ, nor bar or discharge
from employment, nor discriminate against any person in compensation or in
terms, conditions, or privileges of employment because of sex, race,
religion, color, or national origin. Franchisee shall take affirmative action
to ensure that applicants are employed, and the employees are treated
during employment, without regard to their sex, race, religion, color, or
national origin. This requirement shall apply to, but not be limited to, the
following: employment, promotion, demotion, or transfer; recruitment
advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training.
SECTION 36
PREFERENTIAL OR DISCRIMINATORY
PRACTICES PROHIBITED
Franchisee shall not, as to rates, charges, service facilities, rules,
regulations, or any other respect, make or grant any undue preference or
advantage to any person or subject any person to any undue prejudice or
disadvantage; provided, however, connection, service and other charges
may be waived or modified during promotional campaigns of Franchisee and
Franchisee may provide its employees with complimentary service.
-ao-
SECTION 37
FAILURE OF THE- COUNTY
TO ENFORCE THIS FRANCHISE
Franchisee shall not be excused from complying with any of the
terms or conditions of this Franchise resulting from the failure of the
County upon one or more occasions to insist upon or to seek compliance
with any such terms or conditions.
SECTION 38
THEFT OF CABLE SERVICE
It shall be unlawful for any person to make or use any unauthorized
connection, whether physically, electronically, acoustically, inductively, or
otherwise with any part of Franchisee's cable television system for the
purpose of enabling himself or others to receive or use any television
signal, radio signal, program, picture or sound without payment to
Franchisee, and it shall further be unlawful for any person without the
consent of the Franchisee to tamper wilfully with, remove or injure any
cables, wires, or equipment used for distribution of such signals.
Franchisee agrees to make information and reports concerning such theft of
services available to the County upon request.
SECT{ON 39
SEVERABILITY
If any section, subsection, sentence, clause, phrase, or portion of
this Ordinance is for any reason held invalid or unconstitutional by any
Court of competent jurisdiction, such portion shall be deemed a separate,
distinct, and independent provision, and such holding shall not affect the
validity of the remaining portions hereof.
-41-
SECTION a0
TIME IS OF THE ESSENCE
Whenever this Franchise shall set forth any time for any action to be
performed by or on behalf of Franchisee, such time shall be deemed of the
essence.
SECTION 41
ACCEPTANCE
This Ordinance, and its terms and provisions, shall be accepted by
Franchisee by a written Franchise Acceptance executed and acknowledged
by Franchisee and filed with the Clerk of the County Board of Supervisors.
All Ordinances or parts of Ordinances in conflict herewith are
hereby repealed.
SO ADOPTED, this day of 1986.
-a2-
COUNTY OF ROANOKE PUBLIC BUILDINGS
Green Valley Elementary School
3838 Overdale Drive, S.W.
Roanoke, VA 24018
Oak Grove Elementary School
5005 Grandin Road, Ext. S.W.
Roanoke, VA 24018
Cave Springs Resque Squad
3930 Brambleton Avenue, S.W.
Roanoke, VA 24018
Cave Spring High School
3712 Chaparral Drive, S.W.
Roanoke, VA 24018
Cave Springs Junior High School
4880 Brambleton Avenue, S.W.
Roanoke, VA 24018
Ogden Senior Citizen's Center
2932 Ogden Road, S. W.
Roanoke, VA 24014
Cave Spring Elementary School
5404 Springlawn Avenue, S. W.
Roanoke, VA 24019
Glen Cove Elementary School
5901 Cove Road, N.W.
Roanoke, VA 24019
Hollins College
Moody Center
Hollins College, VA 24020
Hollins College
Fishburn Library
Hollins College, VA 24020
rvclTnTm
EXIjIBIT A - (Con't
Mt. Pleasant Elementary School
Rt. 6, Box 415
Roanoke, VA 24014
North Cross School
4254 Colonial Avenue, S.W.
Roanoke, VA 24018
O`` ~CANC'rF
a ~ ~
ti P
2
2
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18 E~ 88
SFS~~/ICENTENN~P~
A Bcnuti~u/BcAinnin~
COUNTY ADMINISTRATOR
ELMER C. HODGE
C~illXn~~ ~f ~AM1TII~2P
February 26, 1987
Mr. Robert E. Glenn
Glenn, Flippin, Feldmann & Darby
P. 0. Box 2887
Roanoke, Virginia 24001
Dear Mr. Glenn:
L-~
BOARD OF SUPERVISORS
BOB JOHNSON. CHAIRMAN
HOLLINS MAGISTERIAL DISTRICT
LEE GARRETT. VICE-CHAIRMAN
WINDSOR HILLS MAGISTERIAL DISTRICT
ALAN H. BRITTLE
CAVE SPRING MAGISTERIAL DISTRICT
STEVEN A. MCGRAW
CATAWBA MAGISTERIAL DISTRICT
HARRY C. NICKENS
VINTON MAGISTERIAL DISTRICT
This is to advise you that on February 24, 1987, the Roanoke
County Board of Supervisors referred the proposed franchise
agreement for Cox Cable Roanoke, Inc. to the Roanoke Cable TV
Committee for review and recommendation.
If I can be of further assistance, please do not hesitate to
contact me.
Sincerely,
~~ _ ~~-yl
Mary H. Allen
Deputy Clerk
mha
CC: Mr. Bernard W. Langheim, Cox Cable Roanoke, Inc.
P.O. E30X 29f300 - ROANOKE. VIRGINIA 2401£i 075,)t3 c703> 77>-`oOn
,q - ~ z y8 7- 5
ITEM NUMBER C T
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: February 24, 1987
SUBJECT: Request for approval to enter into well lot option.
COUNTY ADMINISTRATOR'S COMMENTS:
ff7~rL~Y-~-~ OG
SUMMARY OF INFORMATION:
A potential well site on the property of R. William Reid has been
selected by Geotechnics, Inc. The site is located in the Hidden
Valley section of southwestern Roanoke County.
R. William Reid has agreed to placing an option to purchase on
the property at no cost and to a purchase price of $5,000.
The option agreement allows Roanoke County to drill a test well
on the property prior to purchase. If the test well has
satisfactory water quantity and quality, the option could be
exercised and the property purchased.
The value of the property was appraised by Mr. John Willey,
County Assessor to be $5,100.
If a successful well is developed, it will be operated by County
personnel and will be able to supplement the Hidden Valley/Penn
Forest water system.
FISCAL IMPACT:
Funds are available through the 1985 Bond Sales for water supply
improvements.
RECOMMENDATION:
The staff recommends that the offer be accepted and that the
County Administrator be authorized to execute the necessary
option agreement.
1
r
E-y
SUBMITTED BY:
/'` /..QJ~i'r
Phillip T. Henry
Director of Engineering
APPROVED:
(,~~~u"~
Elmer C. Ho ge
County Administrator
------------------------------------------------------------------
ACTION VOTE
Approved (~ Motion by:C~Q-r`/'e~t~~JY7c~rL?v/ No Y~ Abs
Denied ( ) Brittle
Received ( ) Garrett /
Referred Johnson •~
To McGraw
Nickens
[~ C ; moire c~-o r
r= ~ 'fie
off' En9~ne~Jr~~~
2
C- ~
~ ~ i
v
Y~ ~Y
,~T~ 1 ' UEPARTN9ENT OF PROPERTY OF R. WILLIAM REID BUILDERS, INC.
~` PUBLIC FACILITIES
See Map 6713
I' 100
::\-~-~~12.J - ~
NORTH 6601 ~~ PROPERTY IDENTIFICATION MAP 66.04
~~ ROA~OKE Co UNTY boo VIRGINIA
SHEET INDEX SC~IE
~ X200• vX1 DATE .yt'7L•~_
ITEM NUMBER E ~
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HENDROANOKE,RVA~OKONCTUESDAYDMINISTRATION CENTER
I
MEETING DATE: February 24, 1987
SUBJECT: Temporary Borrowing of $10 Million to Cover Casual
Deficits in the Revenues of the County
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
At your meeting on February 10, 1987, the Board of
Supervisors adopted a netheuanticipationzofgtheecollection of
$10 million in notes i
revenues of the County in order to meet casual deficits in the
revenues of the County. Bids were received at 10:30 a.m. this
date as follows:
• Central Fidelity Bank/Craigie, Inc. 3.94
4.11
• Dominion 3.94 (3.950
• Sovran/Scott and Stringfellow 3,96
• Bank of Virginia
Bond Counsel has submitted the attached resolution
authorizing the issua t a ° ate of 3 94s percent to ma d relon
Bank/Craigie, Inc. a
August 14, 1987. Your favorable consideration of this resolution
and the award of said bid will be appreciated.
FISCAL IMPACT:
RECOMMENDATION:
The staff recommends the adoption of attached resolution.
SUBMITTED BY:
C:~
John M. Cha iss, Jr.
Assistant County Administrator-
Management Services
APPROVED:
.C-G~~ .
Elmer C. Hodg
County Administrator
Approved ( )
Denied ( )
Received ( )
Referred
To
Motion by:
ACTION
Brittle
Garrett
Johnson
McGraw
Nickens
VOTE
No Yes Abs
cc: Alfred Anderson
Paul Mahoney
' ~S. _ S
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, FEBRUARY 24, 1987
RESOLUTION AUTHORIZING THE ISSUANCE AND
SALE OF THE COUNTY OF ROANOKE, VIRGINIA,
REVENUE ANTICIPATION NOTES IN THE AMOUNT
OF $10,000,000
WHEREAS, the Board of Supervisors (the "Board") of the
County of Roanoke, Virginia (the "County") adopted a Resolution
on February 10, 1987, authorizing the issuance and sale of reve-
nue anticipation notes in an amount not to exceed $10,000,000;
and
WHEREAS, the County has solicited bids from a limited
number of potential investors for the purchase of such notes; and
WHEREAS, the Board now desires to specify the form and
details of the notes and to award the Notes to the low bidder.
NOW, THEREFORE, BE IT RESOLVED by the Board of Super-
visors of the County of Roanoke, Virginia:
1. The Board of the County hereby determines that it
is advisable to contract a debt and issue and sell the County's
revenue anticipation notes (the "Notes") in an aggregate princi-
pal amount of $10,000,000. The issuance and sale of the notes
are hereby authorized. The proceeds from the sale of the Notes
shall be used to meet casual cash flow deficits of the County.
2. The Notes shall be issued in bearer form, without
privilege of registration and without coupons, in substantially
the form attached as Exhibit A. The Notes shall be dated
February 27, 1987, shall be issued in denominations of $25,000
shall be numbered N-1 and upward, sequentially, shall bear
interest at the rate of 3.9427870 per annum payable at maturity
and shall mature on August 14, 1987. The Notes shall not be
subject to payment or redemption before maturity.
3. The full faith and credit of the County are hereby
pledged to the payment at maturity of the principal of and inter-
est on the Notes. Unless other funds are lawfully available and
appropriated for the timely payment thereof, there shall be lev-
ied, without limitation as to rate or amount, and collected in
accordance with law, an annual ad valorem tax on all taxable pro-
perty in the County subject to local taxation sufficient to pro-
vide for payment of the principal of and interest on the Notes at
maturity.
4. The County Administrator and Treasurer of the
County are hereby authorized and directed to execute the Notes,
and the Treasurer is hereby authorized to affix or imprint the
seal of the County (or a facsimile thereof) on the Notes. The
form of execution, imprinting of the seal and attestation may be
by facsimile; provided, however, if the signatures of the County
Administrator. and Treasurer are both by facsimile, the Notes
shall not be valid until authenticated by the manual signature of
the Paying Agent. In case any officer whose signature or a
facsimile of whose signature shall appear on any Note shall cease
to be such officer before the delivery of the Notes, such
signature or such facsimile shall nevertheless be valid and
sufficient for all purposes the same as if he or she had remained
in office until such delivery. Any Note may bear the facsimile
signature of or may be signed by such persons as at the actual
time of the execution thereof shall be the proper officers to
sign such Note although at the date of delivery of such Note such
persons may not have been such officers. Upon receipt of payment
therefor, the Treasurer of the County or such agent as may be
designated, shall issue and deliver the Notes to the purchaser or
purchasers thereof. The officers and agents of the County are
hereby further authorized and directed to do all acts required by
the Notes and by this Resolution for the full, punctual and
complete performance of all things necessary for this borrowing.
5. Sovran Bank, N.A. is appointed as Paying Agent for
the Notes. The principal of and interest on the Notes shall be
payable in lawful money of the United States upon surrender of
the Notes on the maturity date at the principal corporate trust
office of the Paying Agent in Richmond, Virginia.
6. The distribution and use of the offering circular,
dated February 24, 1987, in connection with the offering and sale
of the Notes is ratified and approved.
7. The Board determines that it is in the best inter-
est of the County and the Commonwealth of Virginia to accept the
bid of Central Fidelity Bank/Craigie Inc. to purchase the Notes
f_or a purchase price equal to the aggregate principal amount
thereof .
8. The Board agrees on behalf of the County that the
proceeds from the issuance and sale of the Notes will be invested
and expended as set forth in the Non-Arbitrage Certificate of the
County to be delivered at the time of the issuance and delivery
of the Notes and that the County will comply with the covenants
and representations contained therein. Further, the County shall
comply with the reporting requirements of Section 149(e) of the
Internal Revenue Code of 1986, as amended.
9. The officers and agents of the County are authoriz-
ed and directed to take such further action as may be necessary
or convenient in connection with the issuance, sale and delivery
of the Notes and all actions previously taken by such officers
and agents in connection therewith are ratified and confirmed.
10. The appropriate officers and agents of the County
are authorized and directed to immediately cause a certified copy
of this Resolution setting forth the form and details of the
Notes and the Resolution adopted February 10, 1987, to be filed
with the Circuit Court of the County pursuant to Sections 15.1-
199 and 15.1-212 of the Code of Virginia of 1950, as amended, and
the notice required by Section 15.1-199 of the Code of Virginia
of 1950, as amended, to be published.
11. This Ordinance shall take effect immediately.
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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, FEBRUARY 24, 1987
RESOLUTION 22487-1 AUTHORIZING THE
ISSUANCE AND SALE OF THE COUNTY OF
ROANOKE, VIRGINIA, REVENUE ANTICIPATION
NOTES IN THE AMOUNT OF $10,000,000
WHEREAS, the Board of Supervisors (the "Board") of the
County of Roanoke, Virginia (the "County") adopted a Resolution
on February 10, 1987, authorizing the issuance and sale of reve-
nue anticipation notes in an amount not to exceed $10,000,000;
and
WHEREAS, the County has solicited bids from a limited
number of potential investors for the purchase of such notes; and
WHEREAS, the Board now desires to specify the form and
details of the notes and to award the Notes to the low bidder.
NOW, THEREFORE, BE IT RESOLVED by the Board of Super-
visors of the County of Roanoke, Virginia:
1. The Board of the County hereby determines that it
is advisable to contract a debt and issue and sell the County's
revenue anticipation notes (the "Notes") in an aggregate princi-
pal amount of $10,000,000. The issuance and sale of the notes
are hereby authorized. The proceeds from the sale of the Notes
shall be used to meet casual cash flow deficits of the County.
2. The Notes shall be issued in bearer form, without
privilege of registration and without coupons, in substantially
the form attached as Exhibit A. The Notes shall be dated
February 27, 1987, shall be issued in denominations of $25,000
shall be numbered N-1 and upward, sequentially, shall bear
interest at the rate of 3.942787% per annum payable at maturity
and shall mature on August 14, 1987. The Notes shall not be
subject to payment or redemption before maturity.
3. The full faith and credit of the County are hereby
pledged to the payment at maturity of the principal of and inter-
est on the Notes. Unless other funds are lawfully available and
appropriated for the timely payment thereof, there shall be lev-
ied, without limitation as to rate or amount, and collected in
accordance with law, an annual ad valorem tax on all taxable pro-
perty in the County subject to local taxation sufficient to pro-
vide for payment of the principal of and interest on the Notes at
maturity.
4. The County Administrator and Treasurer of the
County are hereby authorized and directed to execute the Notes,
and the Treasurer is hereby authorized to affix or imprint the
seal of the County (or a facsimile thereof) on the Notes. The
form of execution, imprinting of the seal and attestation may be
by facsimile; provided, however, if the signatures of the County
Administrator and Treasurer are both by facsimile, the Notes
shall not be valid until authenticated by the manual signature of
the Paying Agent. In case any officer whose signature or a
facsimile of whose signature shall appear on any Note shall cease
to be such officer before the delivery of the Notes, such
signature or such facsimile shall nevertheless be valid and
sufficient f or all purposes the same as if he or she had remained
in office until such delivery. Any Note may bear the facsimile
signature of or may be signed by such persons as at the actual
time of the execution thereof shall be the proper officers to
sign such Note although at the date of delivery of such Note such
persons may not have been such officers. Upon receipt of payment
therefor, the Treasurer of the County or such agent as may be
designated, shall issue and deliver the Notes to the purchaser or
purchasers thereof. The officers and agents of the County are
hereby further authorized and directed to do all acts required by
the Notes and by this Resolution for the full, punctual and
complete performance of all things necessary for this borrowing.
5. Sovran Bank, N.A. is appointed as Paying Agent for
the Notes. The principal of and interest on the Notes shall be
payable in lawful money of the United States upon surrender of
the Notes on the maturity date at the principal corporate trust
office of the Paying Agent in Richmond, Virginia.
6. The distribution and use of the offering circular,
dated February 24, 1987, in connection with the offering and sale
of the Notes is ratified and approved.
7. The Board determines that it is in the best inter-
est of the County and the Commonwealth of Virginia to accept the
bid of Central Fidelity Bank/Craigie Inc. to purchase the Notes
for a purchase price equal to the aggregate principal amount
thereof.
8. The Board agrees on behalf of the County that the
proceeds from the issuance and sale of the Notes will be invested
and expended as set forth in the Non-Arbitrage Certificate of the
County to be delivered at the time of the issuance and delivery
of the Notes and that the County will comply with the covenants
and representations contained therein. Further, the County shall
1
comply with the reporting requirements of Section 149(e) of the
Internal Revenue Code of 1986, as amended.
9. The officers and agents of the County are authoriz-
ed and directed to take such further action as may be necessary
or convenient in connection with the issuance, sale and delivery
of the Notes and all actions previously taken by such officers
and agents in connection therewith are ratified and confirmed.
10. The appropriate officers and agents of the County
are authorized and directed to immediately cause a certified copy
of this Resolution setting forth the form and details of the
Notes and the Resolution adopted February 10, 1987, to be filed
with the Circuit Court of the County pursuant to Sections 15.1-
199 and 15.1-212 of the Code of Virginia of 1950, as amended, and
the notice required by Section 15.1-199 of the Code of Virginia
of 1950, as amended, to be published.
11. This Ordinance shall take effect immediately.
On motion of Supervisor Brittle, seconded by Supervisor
McGraw and the following recorded vote:
AYES: Supervisors Brittle, McGraw, Johnson
NAYS: None
ABSTAIN: Supervisor Garrett
ABSENT: Supervisor Nickens
A COPY - TESTE
_~-
Mary H. Allen, Deputy Clerk
2/25/87
CC: File
County Attorney
Assistant County Administrator for Management Services
County Treasurer
~~ ~ ~~~
CERTIFICATE OF COUNTY ATTORNEY
I, Paul M. Mahoney, certify that:
1. I am the duly appointed, qualified and serving County
Attorney of Roanoke County, Virginia (the "County"!
2. The Board of Supervisors of the County (the "Board") duly
adopted by a majority vote of all members of the Board (a) at
a regular public meeting duly called and held on February 10,
1987, a resolution authorizing the issuance of $10,000,000
Revenue Anticipation Notes, Series 1987 of the County (the
"Notes"), and (b) at a regular public meeting duly called and
held on Feb' - resolution approving the form and
detail of t -~--al Fidelity
Bank to the ~/~ ~~ :he
Offering C tes
(the "Rest ~-~J-(~~ 6~~7j1 e
du l y f i l e G%(:~L~~ - -~ i C C C~ ~ `-~ a
-~~'~
with §§1` ~~
amended. ~ L~` `-^,s' ~.-t~>kv'v~~,,;~"~ - / ~ 1'r.,r~~~.~;: ~y
the du 1 I ~ " ~C ~ ~~, ,~ a-,~,,~,,,~,~-~- ,~, t~~ '1 a 11 y
i'
the form as presented to a.._ ~ the
~i1r1~;
moctinn halm nn Fr~hrt~arv 24. 1987. The Resolu~~.,._ full
force and effect and have not been amended, modified or rescinded
by the Board.
3. The Board of Supervisors oii February 10, 1987 and at all
times thereafter to aiZd including t?ze date of this certificate,
consisted of the following five persons, each of whom is duly
qualified and is serving as a member of the Board of Supervisors
for a term of office as hereafter stated:
Name
Alan H. Brittle
Bob L. Johnson
Lee Garrett
Steven A. McGraw
Dr. Harry C. Nickens
Term of Office
!'~ r, ,,,,,, ., ,.... ,. a
January 1, 1984
January 1, 1986
January 1, 1986
January 1, 1984
January 1, 1986
Expired
December 31, 1987
December 31, 1989
December 31, 1989
December 31, 1987
December 31, 1989
4. No litigation or administrative action of any kind is
pending or, to the best of my knowledge after due investigation,
threatened to (a) restrain or enjoin the issuance, sale or
delivery of the Notes; (b) contest or challenge the due adoption
of the Resolutions by the Board on February 10, 1987 and February
24, 1987, or otherwise affect, contest or challenge the validity
of the Notes or in any manner question the proceedings and f
authority under which the Notes are issued; or (c) or affect the
existence of the County or contest in any way the title of the
officer executing the Notes.
5. The County has not elected pursuant to § 15.1-185.1, Code
of Virginia of 1950, as amended, to be treated as a city for the
purpose of issuing its bonds.
Dated: February 27, 1987
~ ~~~.,
Paul M. Mahoney, County torne_y,
Roanoke County, Virginia
-2-
Form $Q3$•~r: _: Information Return for Tax•Exempt
(December 1986) r.~ Governmental Bond Issues
Department of the Treaeer~ _ - Unde( Stction 149(e)
Internet Revenw SNVres'- (Use Form 4038-GC if issw prize is under 1100.000.)
1 Issuer's name
Roanoke County, Virginia
3 Number aria street
P. O. Box 3800
S Gty a town, state. aria IIP coos
.Roanoke County, Virginia 24015
Type of Issue (check box(es) that applies)
7 Check boz rt bonds are tax or other revenue anUclpaUtin bonds -
8 Check box if bonds are in the form of a lease or installment sale - ^
9 ^ Education .
OM8 No !5450720
Expues i2-31-89
Check box rf Amended Return - ~ ,
2 Issuers empbyN gentifiCatgn numoer
1 Report number
G198 ~ - 1
e Oete of ~uw
2/27/87
luw Price
10 ^ Health and hospital .
11 ^ Transportation
12 Public safety .
13 Environment (including sewage bonds)
14 ^ Housing
15 ^ Utilities
16 ^ Other. Describe (see tnstrucUOns) - ~ _
Oescri lion of Bonds
ca- cb1 i ca j cdi,
Stateo repemption
Maturity oate Interest rate ' Issue once ~ pna at matur c.r'
We~hted
a mate (~
yielC w
Net mterest
Cost
17 Final maturity 8 8 7 3.9 4 110 0 0 0 0 0 0 10 0~
18 Entire issue . 10 0 0 0 0 0 0 10 0$ 0.4 6 years 3.9 4 3.9 4
Uses of Ori final Proceeds of Issue includin underwriters' discount
19 Proceeds used for accrued interest 19
20 Proceeds used for bond issuance costs (including underwriters' discount) 20
21 Proceeds used for credit enhancement . 21 I
22 Proceeds allocated to reasonably required reserve or replacement fund 22
23 Proceeds used to refund prior issues 23
24 Nonrefundin roceeds of the issue (subtract lines 20.21.22. and 23 from Ilne 18. column (c)) 24 , ,
Description of Refunded Bonds (complete this part only for refunding bonds)
25 Enter the remaining weighted average maturity of the bonds to be refunded - years
26 Enter the last date on which the refunded bonds will be called -
27 Enter the date(s) the refunded bonds were issued -
~ Miscellaneous
28 Enter the amount (if any) of the state volume cap allocated to this Issue -
29 Arbitrage rebate:
a Check box if the small governmental unit exceptlon to the arbltrage rebate requirement applies
b .
Check box if the 6•month temporary Investment exceptlon to the arbltrage rebate requirement Is expected to apply
~;
c Check box If you expect to earn and rebate arbitrage profits to the U.S.
30 Enter the amount of the bonds designated by the issuer under section 265(b)(3)(i3)(ii) -
31 Pooled financings:
a Check box If any of the proceeds of this issue are to be used to make loans to other governmental units - ^ and
enter the amount -
b Check box If this Issue Is a loan made from the proceeds of another tax•exempt Issue - ^ and enter the name of the
issuer - and the date of the Issue -
- Unoar OtM1Ues OI plryWy. I declar! that I haul f.a erica this rtturn ~nC iCCOmpenYi^1t fCneCulf; an0 ;tatements, an0 to the best 01 my hnow~
Please then are trw. correct. ono complete epYe s^p pe~Qf.
H
He! ' ~ "~
~---`~`~ '~~'"~ ~ ~ '`^ ~"~`~ ~~ 2/27/87 Treasurer
' ~net
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Y
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,
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Tit11
For P aperwork Reduction Act Notice
see page 1 of the Instructions
,
. form 80 38•G e!2-86)
ROANORE COUNTY, VIRGINIA
NON-ARBITRAGE CERTIFICATE
The undersigned officers of Roanoke County, Virginia (the
"County") certify that the following exist or are reasonably
expected to occur:
1. Issuance of Notes. The County will this day issue its
Revenue Anticipation Notes, Series 1987, dated February 27, 1987
in the aggregate principal amount of $10,000,000 (the "Notes").
The Notes are being issued in anticipation of taxes on other
revenues and the proceeds from their sale will be used to pay
lawful expenses of the County. The County has this date received
from Central Fidelity Bank and Craigie Incorporated the total
purchase price for the Notes in the amount of $10,000,000,
representing the face amount of the Notes.
2. Payment of Notes. The principal of and accrued interest
on the Notes will be payable on August 14, 1987. The Notes will
not be redeemable before maturity.
3. Use of Proceeds. The proceeds of the Notes will be used
to meet deficits in the revenue of the County during calendar
year 198.7. It is reasonably expected that all of the proceeds
of the Notes will be expended by May 31, 1987, based upon a first-
in, first-out method of accounting which treats proceeds as spent
immediately after the money constituting the Beginning Balance
shown on Exhibit A. Before expenditure, it is reasonably
expected that no more than $56,000 will be earned on the_proceeds
of the Notes. The proceeds of the Notes do not exceed the amount
necessary for the purposes of the Notes.
4. The maximum anticipated cumulative cash flow deficit for
the period for which the taxes or other revenues are anticipated
and during which the Notes will be outstanding is $13,724,000
as shown in column (4) of Exhibit A. The maximum anticipated
cumulative cash flow deficit has been computed by taking the
largest of the amounts computed as follows:
(a) The amount that the County expects to expend to
pay expenditures which would ordinarily be paid out of or
financed by the taxes or other revenues that the Notes are being
issued in anticipation of, as shown in column (1) of Exhibit A
for each month from the date of issue to the date of maturity,
minus
(b) The sum of the amounts (including tax receipts plus
proceeds from investments, and excluding the proceeds of the
issue of the Notes) which will be available for the payment of
such expenditures, as shown in column (2) of Exhibit A for each
month from the date of issue to the date of maturity, plus
(c) The amount required by the County as a cash balance
on hand at all times, being the amount of the anticipated
expenditures for the month following each calculation made
pursuant to (a) and (b) (as shown in column (3) of Exhibit A for
each month from the date of issue to the date of maturity).
-2-
For purposes of (b) above, amounts have been considered available
for the payment of the County's expenditures under (a) above to
the extent that such amounts may, without legislative or judicial
action, be invaded to pay such expenditures without a
legislative, judicial or contractual requirement that such
amounts be reimbursed. The funds and accounts maintained by or
for the benefit of the County that are considered available for
payment of the County's expenditures, and their cash balances
as of the date of the issue, are set forth in Exhibit B.
5. Sinking Funds. The County will not create or establish
any sinking fund, reserve fund or similar fund with respect to
the Notes.
6. Arbitrage Rebate. It is reasonably expected that the
cumulative cash flow deficit of the County, within the meaning
of Section 148(f)(4)(B)(iii)(II) of the Internal Revenue Code
of 1986, as amended (the "Code"), to be financed with the
proceeds of the Notes will exceed ninety percent of the aggregate
face amount of the Notes within six months after the date of the
issuance of the Notes. Therefore, it is reasonably expected that
the Notes will be exempt from the arbitrage rebate requirements
of Section 148(f) of the Code pursuant to Section 148(f)(4)(B)(i)
of the Code. In the event the Notes do not qualify for such
exemption, the County agrees to comply with the arbitrage
reporting and rebate requirements of Section 148(f) of the Code.
-3-
7. Miscellaneous. (a) To the best of our knowledge,
information and belief, the above expectations are reasonable
and there are no other facts, estimates or circumstances that
would materially change the expectations expressed herein. On
the basis of the facts, estimates and circumstances in existence
on this date, it is not expected that the proceeds of the Notes
will be used in a manner that will cause the Notes to be
arbitrage obligations.
(b) The County has not been notified of any listing
or proposed listing of it by the Internal Revenue Service as an
issuer who may not certify its notes or bonds.
(c) The terms used herein have the same meaning as
those given them in Section 148 of the Code and the Treasury
Regulations issued thereunder by the United States Department
of Treasury.
(d) This Certificate is being executed and delivered
pursuant to Sections 1.103-13, 1.103-14 and 1.103-15 of the
Treasury Regulations.
(e) The undersigned, being the Treasurer and the County
Administrator of the County, are the officers of the County
charged with the responsibility of issuing the Notes.
Dated: February 27, 1987
i
~kti/
E mer C. Hodg r.
County Administrator,
Roanoke, County, Virginia
//
Al ed C. Anderson, Treasurer,
Roanoke County, Virginia
i
-4-
EXHIBIT A
SCHEDULE RE ANTICIPATED CUMULATIVE
CASH FLOW DEFICIT
Month
and Year
(3)
Cumulative
(1) (2) Surplus (or
Estimated Estimated Deficit) At
Expenditures Receipts End of Month
February 27, 1987 - Beginning Balance
1987
February $10,231,000
March 4,993,000
April 4,020,000
May 5,595,000
June 8,850,000
July 2,242,000
August 1,599,000
(4)
Cumulative Sur-
plus (or Deficit)
At end of Month
Plus Required
Cash Balance
$2,723,000
$ 1,963,000 ($5,545,000) (10,538,000)
834,000 ( 9,704,000) (13,724,000)
6,127,000 ( 7,597,000) (13,192,000)
12,764,000 ( 428,000) ( 9,278,000)
9,350,000 72,000 ( 2,170,000)
2,508,000 ~ 338,000 ( 1,261,000)
1,591,000 330,000 -
f
.,
GENERAL CERTIFICATE OF ROANOF~E COUNTY, VIRGINIA
The undersigned officers of Roanoke County, Virginia (the
"County") certify that:
1. The Board of Supervisors of the County (the "Board") on
February 10, 1987 and at all times thereafter to and including
the date of this certificate, consisted of the following five
persons, each of whom is duly qualified and is serving as a
member of the Board for a term of office as hereafter stated:
Name Term of Office
Commenced Expires
Alan H. Brittle
Bob L
Johnson January 1, 1984 December 31, 1987
.
Lee Garrett January 1, 1986 December 31, 1989
Steven A
McGraw January 1, 1986 December 31, 1989
.
Dr. Harry C
Nickens January 1, 1984 December 31, 1987
. January 1, 1986 December 31, 1989
2. Elmer C. Hodge, Jr. is the duly appointed, qualified and
serving County Administrator of the County.
3. Paul M. Mahoney is the duly appointed, qualified and
serving County Attorney.
4. Alfred C. Anderson is the duly elected, qualified and
serving Treasurer of the County.
5. John M. Chambliss, Jr. is the duly appointed, qualified
and serving Assistant County Administrator - Management Services.
6. The $10,000,000 Revenue Anticipation Notes, Series 1987
of the County, dated February 27, 1987 and numbered N-1 through
r
N-400 (the "Notes") nave been duly executed by the County
Administrator and the Treasurer of the County in the manner
required by the Notes.
7• The Notes are issued pursuant to resolutions duly adopted
by a majority vote of all of the members of the Board on February
10, 1987 and February 24, 1987 (the "Resolutions"). No Notes have
heretofore been issued or are outstanding pursuant to the
authority of the Resolutions. The Resolutions have not been
repealed, revoked, rescinded or amended.
8• No litigation of any kind is now pending or, to our
knowledge, threatened to (a) restrain or enjoin the issuance,
sale or delivery of the Notes; (b) contest or challenge the due
adoption of the Resolutions by a majority of the duly serving
supervisors at meetings duly called and held on February 10, 1987
and February 24, 1987, as provided by law, or otherwise affect,.
contest or challenge the validity of the Notes or in any manner
question the proceedings and authority under which the Notes are
issued; or (c) contest in any way the borrowing to meet casual
deficits in the revenue of the County or contest the authority
of the County to undertake the borrowing. The undersigned
certify that the title of the officers signing the Notes have
not been contested and that no authority, resolution or
proceedings for the issuance of the Notes have been repealed,
revoked or rescinded.
-2-
9. Each of the undersigned has examiized the Offering
Circular, dated February 24, 1987, relating to the Notes. The
descriptions and statements in the Offering Circular (except in
the section entitled "Litigation") as of the date thereof and
on the date of this Certificate were and are true and correct
in all material respects, did not and do not contain an untrue
statement of a material fact or omit to state a material fact
required to be stated therein or necessary to make such
descriptions and statements, in light of the circumstances under
which they were made, not misleading. No material adverse change
has occurred in the financial condition of the County between
June 30, 1986, the date of the last annual financial report of
the County, and the date of delivery of the Notes, other than
as contemplated in the Offering Circular. The undersigned
officials did not independently verify the information indicated
in the Offering Circular as having been obtained from sources
other than the County and its officers, but they have no reason
to believe that such information is not accurate.
10. The signature of the County Administrator and the
Treasurer of the County appearing below is the same signature
appearing on the Notes.
Dated: February 27, 1987
~i~~- ~ /~D~ ~
Elmer C. Hodge,U Jr/
County Administrator,
Roanoke County, Virginia
Al rid C. Anderson
T,x`easurer, Roanoke County,
Virginia
-3-
>:~c
Certificate
The undersigned counsel to Roanoke County, Virginia certifies
that the officers of the County named in the preceeding
Certificate are the duly appointed or elected and qualified
incumbents of the offices set forth below their signatures and
that their signatures as appearing above are true and genuine.
Paul M. Mahoney
County Attorney,
Roanoke County, Virginia
t
-4-
ITEM NUMBER !~
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE
COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER
MEETING DATE:
February 24, 1987
SUBJECT: Postponement of Joint Work Session with School Board
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
As the Board may recall, at the February 10th meeting, a joint
work session with the School Board was set for today, following
the afternoon public meeting.
Due to the inclement weather of the past week, which required
school closings and emergency snow removal, it has become
necessary to postpone this work session to a future date.
~F
Elmer Ho ge
County Administrator
---------------------------------------------------------------------------
ACTION VOTE
Approved ( ) .Motion by: No Yes Abs
Denied ( )
Received ( )
Referred
To
Brittle
Garrett
Johnson
McGraw
Nickens
ITEM NUMBER ~ / ~ 3
AT A REGULAR MEETINGT THEHROANORE COUNTYEADMINISTRATIONNCENTER
COUNTY, VIRGINIA HELD A
NiEETING_ DATE: February 24, 1987
SUB_ JECT; Appointments to Committees
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
1, Court Service UnitBoardsor Council-Youth and Famil
Services Advisory
Two-year terms of the Reverend H. Fleet Powell, Cave
Spring Magisterial District; Ted R. Powell, Cave Spring isterial
Magisterial District; and Jane Renick, Windsor Hills Mag
District. Their terms expire 3/22/87.
One-year term of Rick Robers, Youth Member, Cave Spring
Magisterial District. His term expires 3/22/87
2.
Lea ue of Older Americans Advisory Board
One-year term of Mr. Webb Johnson.
His term expires
3/31/87 .
3, Trans ortation and Safet Commission
Terms of Captain Leonard J. Wade, representative from the
Sheriff's Department; Fred Altizer, Jr ., representative from the
H. Rodney Smith, senior citizen's
Va. Dept. of Transportation; re resentative from the
representative; and Harry C. Nickens, P Other
Board of Supervisors. Dr. Nickens' term expiresered/87New terms
terms expire. 4/1/87. Original terms were stagg
shall be four years.
See attached for information concerning these committees.
p,pproved By:
Submitted By:
~I ~c 1
`'~~ ~ Elmer C . Hodge
Mary H. Allen County Administrator
Deputy Clerk
------------------ VOTE
--------------
ACTION No Yes A~
A roved ( ) Motion by: Brittle -
PP
Denied ( )
Garrett
Received ( ) Johnson
Referred McGraw
To Nickens
~l.'L~ll®II~Il~ll ~Il°~5~}v~;Q'Il'Il~tIIfl `L,1t3'~IAIl'~'~
3550 Poplar Drive, S. W.
Roanoke, Virgins-a 24018
N. FLEET POWELL, JR.
MINISTER r
~- ~ ~ ~ ~~~7 'ebr~iar~ 7, 1987
.:r. t lun Brittle, Bo rd of Su~~r•~vi: or:.
Cou~:4,;- of no- ~':~e
?oanol:c Coin,+~. Ac?mi_iiistr<,t~ on C~:it^r
-. 0. Bax ?_9?00
Roan~ve, V4 ?ZClf
I helieve ±1-,st my tc~r,;: as a me,^,ber cf the Court, Service Unit
fidvi sorR,,r Board ax-pi res in i~:arci; of t.:~is ye4r.
N- f
TELEPHONES: (AREA CODE 703)
STUDY 774-2706
MANSE 774-5813
I am ~~ritin~7 to request that I r:ot• be re-appointed. Ty schedule
has been such that I have had to miss most of the meetings of
this group. If this district is to be represented effectively,
It s~~';tld 1-'~ her ~~mf-^i.E' '•:~:~ Carl atten'~ t1 e m~r;tiTi~S.
1"ours very- sine Ply,
.--~ ~ ,%~
u. Fleet Powell, J
l~-
LEAGUE OF OLDER AMERICANS: ADVISORY COUNCIL
A• COMPOSITION•
To consist of nine (9) members on the Board of Director,
representing the entire 5th Planning District.
ADVISORY COUNCIL:
To consist of twenty-seven (27) members; one (1) Roanoke
County appointee; to serve a one (1) year term, and may be
re -appointed .
B• DU_ TIES;
To assure that a system of services for the aging be
developed;
To coordinate and evaluate existing services;
To identify unmet needs of older persons;
To serve as a strong advocate for the aging population;
To educate the general public of the conditions of the
elderly citizenry;
To advise local planning bodies on all aging issues;
Act as grantee and the the administering agency for
programs and services.
Serve as the Area Agency on Aging;
Provide elderly persons and handica
housing facilities, and services speciallypdespgnedntowmeet their
physical, social and psychological needs.
To buy, own, sell, assign, mortgage or lease any interest
in real estate and personal property and to construct, maintain
and operate improvements thereon necessary or incident to the
accomplishments of the purposes set forth in the Articles.
The Board of Directors shall:
Carry out the policies and instructions of the League in a
manner consistent with the Articles of Incorporation and Bylaws.
Create committees and delegate authority to the committees for
carrying out the objectives of this organization.
C• MEETING SCHEDULE:
Board and Advisory Council meet on alternate months.
/-/ -~ ,~
26
TRANSPORTATION AND SAFETY COMMISSION
ROANORE COUNTY
A. COMPOSITION:
(Section 33.1 - 398, Code of Virginia) (Resolution 84-37
approved February 14, 1984)
To consist of eleven (11) members of the Commission
appointed by the Board of Supervisors. Terms shall be four
years, but no members shall serve for more than two (2) full
successive terms. Initial appointments to be staggered
B. DUTIES:
The Commission shall have the duty and responsibility to:
(a) review, examine, and approve all highway safety grants and
recommend same to the Board of Supervisors; (b) promote all
highway and transportation safety programs; (c) make
recommendations through the Board of Supervisors to VDH&T
regarding signs, road improvements, and engineering improvement;
and (d) develop and establish through the Board of Supervisors a
safety program for the County and sponsor an annual awards
banquet for persons excelling in the application of safety
measures and procedures.
C. MEETING SCHEDULE:
Minimum of 4 meetings per year.
~` _' ,C~
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, FEBRUARY 24, 1987
RESOLUTION N0.22487-6 APPROVING AND
CONCURRING IN CERTAIN ITEMS SET FORTH
ON THE BOARD OF SUPERVISORS AGENDA
FOR THIS DATE DESIGNATED AS ITEM J -
CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That that certain section of the agenda of the
Board of Supervisors for February 24, 1987, designated as Item J
- 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. Minutes of Meeting - January 27, 1987
2. Acceptance of Water and Sewer lines in Woodbridge,
Section 8.
3. Acceptance of Millwood Drive into the Virginia
Department of Transportation Secondary System.
4. Request for a Raffle Permit f rom the Oak Grove
Elementary School P.T.A.
2. That the Clerk to the Board is hereby authorized
and directed where required by law to set forth upon any of said
items the separate vote tabulation for any such item pursuant to
this resolution.
On motion of Supervisor Brittle, seconded by Supervisor
Garrett, and upon the following recorded vote:
AYES: Brittle, Garrett, McGraw, Johnson
NAYS: None
ABSENT: Supervisor Nickens
A COPY - TESTE
Mary H. Allen, Deputy Clerk
2/25/87
CC: File
Director of Engineering
John Peters
John Hubbard
AT A REGULAR MEETING OF THTHE ROF,NOKESCOUNTYSADMINISTRP,TOON
COUNTY, VIRGINIA, HELD A 1987
CENTER ON TUESDAY, FEBRUA~ 24,
RESOLUTION NO. °?O~y~~ APPROVING AND
CONCURRING IN CER ITEMS SET FORTH
ON THE BOARD OF SUPERVISORS AGENDA
FOR THIS DATE DESIGNATED AS ITEM J -
CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1, That that certain section of the agenda of the
Board of Supervisors for February 24, 1987, designated as Item J
- 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, Minutes of Meeting - January 27, 1987
2. Acceptance of Water and Sewer lines in Woodbridge,
Section 8.
3, Acceptance of Zransportation SecondaryVSystema
Department
4, Request for a Raffle Permit from the Oak Grove
Elementary School P.T.A.
2. That the Clerk to the Board is hereby authorized
and directed where required by law to set forth upon any of said
items the separate vote tabulation for any such item pursuant to
this resolution.
On motion of Supervisor ~, seconded by Supervisor ~,
and upon the following recorded vote:
AYES: ~
NAYS: ~
A COPY - TESTE
January 27, 1987
Roanoke County Board of Supervisors
Roanoke County Administration Cente
3738 Brambleton Avenue, SW
Roanoke, Virginia 24018
January 27, 1987
The Roanoke County Board of Supervisors of Roanoke
County, Virginia, met this day at the Roanoke County
Administration Center, this being the fourth Tuesday, and the
second regularly scheduled meeting of the month of January, 1987
IN RE: CALL TO ORDER
Chairman Johnson called the meeting to order at 2:00
p.m. The roll call was taken.
MEMBERS PRESENT: Chairman Bob L. Johnson; Vice-Chairman Lee
Garrett; Supervisor Alan H. Brittle
MEMBERS ABSENT: Supervisors Steven A. McGraw and Harry C.
Nickens
(Supervisor McGraw arrived at 2:05 p.m, an.
Supervisor Nickens arrived at 2:07 p.m.)
STAFF PRESENT: Elmer C. Hodge, County Administrator, John
b1. Chambliss, Assistant County
Administrator of Management Services; John
R. Hubbard, Assistant County Administrator
of Public Facilities; Timothy W. Gubala,
Assistant County Administrator of Communit
Development; Paul M. Mahoney, County
Attorney, Linda Lehe, Assistant County
Attorney; Alfred Anderson, County
Treasurer; Clifford Craig, Director of
Utilities; D. Keith Cook, Director of Hums
Resources; Kathy Claytor, Personnel
Analist; Diane Hyatt, Director of Finance,
Janet Holt-Johnstone, Public Information
Officer; Mary H. Allen, Acting Deputy Cler
J=/
IN RE: OPENING CEREMONIES
~_~
January 27, 1987
The invocation was given by John M. Chambliss,
Assistant County Administrator for Management Services. The
Pledge of Allegiance was recited by all present.
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Resolution of A preciatioan to Martha H. Matthews
Upon Her Retirement: Chairman Bob L. Johnson presented a
Resolution of Appreciation to Martha Matthews upon her retirement
after thirty-one years with Roanoke County.
RESOLUTION OF APPRECIATION
TO MARTHA H. MATTHEWS UPON HER RETIREMENT
WHEREAS MARTHA H. MATTHEWS was first employed in
January of 1952 as a Typist in the Public Works Department; and
WHEREAS, Martha H. Matthews has also served as a
teacher in the County School System, as a typist in the office of ''
Juvenile & Domestic Relations Court, and since July, 1962, as
Secretary-Bookkeeper and Account Clerk in the Roanoke County
Library System.
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 Martha
H. Matthews for her 31 years of capable, loyal and dedicated
service to Roanoke County.
FURTHER, the Board of Supervisors does express its best
wishes for a happy, restful and productive retirement.
On motion of Superviosr Garrett, seconded by Supervisor Brittle
and upon the following recorded vote:
AYES: Supervisors Brittle, Garrett and Johnson
NAYS: None
ABSENT: Supervisors McGraw and Nickens
January 27, 1987
2. Presentation of Annual Employee Service Awards:
Elmer Hodge, County Administrator announced that many employees
were unable to be present because of the inclement weather, and
additional awards will be presented at the February 10, 1987
meeting. D. Keith Cook, Director of Human Resources, presented
service awards to the following employees: 30 Year Award - Mary
Hicks; 20 Year Award - James E. Robertson; 15 Year Award - Edwar
E. Burford; 10 Year Award - Edna F. Lawon, Sarah S. Alls, Sherma
A. Cable, John W. Birckhead, Jr., Charles R. Hart, Jack J.
Heidman, Stephen P. Huff, Michael J. Simpson, James T. Nininger,
Jr ., Billy H. McDaniel, William R. Hammond, Jr.; 5 Year Award -
Richard L. Rock, Linda P. Powell, Louise R. Eakin, Francis W.
Birkart, III, Linda C. Bolen, Jeffrey M. Swortzel, Michael J.
Warner, Floyd D. Sweetenburg, Geneva Wallace, Gary L. Robertson,
Arnold Covey, Jean Clinevell, Margaret Whitescarver.
IN RE: NEW BUSINESS
1. Request from the City of Roanoke for support of
federal and state funding for the Roanoke Regional Airport
Terminal Building Mr. Hodge announced he had received a letter
from Roanoke City Manager, W. Robert Herbert, requesting officia
support in the form of a resolution for federal and state fundin
for the new airport terminal building. This would require no
county funding, but endorsement for federal and state funding
only. Supervisor Nickens asked that this item be tabled until
after Executive Session.
2. Authorization to execute an agreement with Valley
Metro: Mr. Hodge reported that the agreement would enable
Greater Roanoke Transit Company to provided limited service to
and from Edinburgh Square. The cost for this service will be
borne by GRTC.
January 27, 1987
Supervisor Brittle moved that the County Administrator
be authorized to execute the agreement. The motion was seconded
by Supervisor McGraw and carried by the following recorded vote:
AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson
NAYS: None
3. Authorization for Utility Director to construct
off-site water facilities in certain cases: Utility Director
Clifford Craig stated the County Ordinance authorizes the Utility
Director to give credits to developers up to one-half the
off-site facility fees for facilities they construct for water.
Studies have shown that there is a less costly way for Roanoke
County to handle this whereby the County would either construct
the facilities or contract directly with the contractor who is
constructing the facilities. Staff is recommending that the
Utility Director be authorized to use one-half the off-site
facility fees to construct the facility. This would require no
additional staff time.
Supervisor Garrett moved the staff recommendation. The
motion was seconded by Supervisor McGraw and carried by the
following recorded vote:
AYES: Supervisor Brittle, Garrett, McGraw, Nickens, Johnson
NAYS: None
4. Authorization to execute a reimbursement
agreement for sewer line installation in Merriman Estates:
Mr. Craig stated Mr. Lee Henderson has installed a sewer line
extension as part of the Merriman Estates Development, and has
provided an easement across his property in order that the sewer
can serve adjoining land. He has requested a reimbursement for
the cost of this sewer line. The agreement would be for $375 per
lot for a maximum reimbursement of $1,500 for a period of five
years. There are four lots involved.
Supervisor Brittle moved that the County Administrator
be authorized to execute a reimbursement agreement for the sewer
~./ ,'/
January 27, 1987
_..._ _ __ . _ _ -n-- --- - - ---- --- -- _ _ -- - - _ _ _ _ - --- - --
line installation in Merriman Estates. The motion was seconded
by Supervisor McGraw and carried by the following recorded vote
AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson
NAYS: None
IN RE: REQUESTS FOR WORR SESSIONS
1. Supervisor Johnson requested a work session on the
Comprehensive Plan, including recent amendments and changes to t
held on February 10, 1987.
2. County Administrator Elmer C. Hodge requested a
work session on the expansion of the sewer system to be held on
February 10, 1987.
IN RE: APPOINTMENTS
None
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Brittle: Asked when the report on the
possibility of televising board meetings will be available. Mr.
Hodge stated the information was being compiled and would be
available on February 10, 1987.
Supervioor Brittle also asked if it was possible to extend the
deadline for business licenses, dog tags and filing personal
property taxes, since the County offices closed for several days.
due to inclement weather. County Attorney Paul Mahoney stated
these deadlines were set by County Ordinance and the dates could
not be changed without amending the ordiance. Supervisor Brittl
asked the County Administrator to study the feasibility of
keeping the Coui,ty offices open during inclement weather, and
investigate how other localities handle similar situations.
~-/
January 27, 1987
-~ --
Supervisor Brittle announced that he understands that one member
of the Board of Equalization is now out of the area for three
months. County Attorney Paul Mahoney stated he would request
an amendment from the Judge allowing another member to be
appointed, and would report back to the Board with his findings.
Supervisor Brittle requested that all departments inform the
individual Board members of any meetings affecting their
district.
Supervisor Brittle moved that the second meeting of the month on
'the fourth Tuesday begin at 3:00 p.m. and the first meeting of
the month continue to begin at 2:00 p.m. Supervisor Nickens
seconded the motion, and the motion carried by the following
recorded vote:
AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson
NAYS : None
Supervisor Nickens: Requested a letter of commendation be sent
to the Highway Department in recognition of their efforts during
the recent snow.
IN RE: CONSENT AGENDA
Supervisor Nickens moved that the Consent Agenda be
The motion was seconded by Supervisor Garrett.
RESOLUTION NO. 12787-6 APPROVING AND
CONCURRING IN CERTAIN ITEMS SET FORTH
ON THE BOARD OF SUPERVISORS AGENDA
FOR THIS DATE DESIGNATED AS ITEM J -
CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke
nty, Virginia, as follows:
1. That that certain section of the agenda of the
rd of Supervisors for January 27, 1987, designated as Item J -
January 27, 1987
Consent Agenda be, and hereby is, approved and concurred in as t~
each item separately set forth in said section designated Items
through 3, inclusive, as follows:
1. Minutes of Meeting - January 5, 1987.
2. Request for Bingo Permit from the Vinton Moose
Lodge $1121.
3. Confirmation of Committee Appointments to the
Building Code Board of Adjustments and Appeals, th
Community Corrections Resources Board, the Court
Service Unit Advisory Council - Youth and Family
Services and the Recreation Commission.
2. That the Clerk to the Board is hereby authorized
and directed where required by law to set forth upon any of said
items the separate vote tabulation for any such item pursuant to
this resolution.
On motion of Supervisor Nickens, seconded by Supervisor
Garrett and upon the following recorded vote:
AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson
NAYS: None
IN RE: EXECUTIVE SECTION
At 3:00 p.m. Supervisor Johnson moved to go into
Executive Session purusant to the Code of Virginia Section
2.1-344 (a) (2), (6) to discuss the Regional Airport Commission
Contract, potential litigation with Friendship Manor, the Red
Lane annexation suit, and a real estate matter. The motion
carried by a unanimous voice vote.
IN RE: OPEN SESSION
Supervisor Garrett moved to go into Open Session at
3:50 p.m. The motion carried by a unanimous voice vote.
IN RE: TABLED ITEM FROM NEW BUSINESS
January 27, 1987
1. Request from the City of Roanoke for support of
federal and state funding for the Roanoke Regional Airport
terminal building: This item had been tabled previously for
discussion in Executive Session. Supervisor Brittle moved
approval of the following prepared resolution. Supervisor
Garrett seconded the motion.
~, RESOLUTION 12787-2 URGING THE UNITED
STATES AND AND COMMONWEALTH OF VIRGINIA
', TO RECOGNIZE THE CRITICAL RELATIONSHIP
BETWEEN IMPROVEMENTS AT ROANOKE REGIONAL
AIRPORT, AND THE ECONOMIC DEVELOPMENT
POTENTIAL OF WESTERN VIRGINIA, AND
FURTHER URGING THE UNITED STATES AND
COMMONWEALTH TO PROVIDE THE MAXIMUM
ELIGIBLE FEDERAL AND STATE FUNDING FOR
CONSTRUCTION OF IMPROVEMENT AT SUCH
AIRPORT.
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
Whereas, Roanoke Regional Airport, Woodrum Field (the
"Airport") services the air transportation needs of all western
Virginia;
WHEREAS, adequate air transportation is essential to
the economic development of western Virginia, and improvements at
the Airport will affect the future growth of communities relying
on the Airport for their air transportation needs;
WHEREAS, the Airport was not built to handle its
present volume of passenger traffic, and construction of a new
terminal of approximately 80,000 square feet with a
double-loading concourse at a cost of approximately $22,000,000
is necessary to meet the air transportation needs of western
Virginia; and
WHEREAS, because of the impact of these needed
improvements at the Airport on interstate commerce and economic
development of the entire region, the United States and the
Commonwealth of Virginia should provide the maximum eligible
Federal and State funding, respectively, for the required
improvements at the Airport.
V
January 27, 1987
THEREFORE, BE IT RESOLVED by the Board of Supervisors
of Roanoke County as follows:
1. The United States and the Commonwealth of Virginia
are urged to recognize the critical relationship between much
needed improvements at Roanoke Regional Airport, Woodrum Field,
and the economic development needs of all western Virginia and 1
provide the maximum eligible Federal funding through the Federa]
Aviation Administration and the maximum eligible State funding
through the Virginia Department of Aviation for such terminal
improvements.
2. The Deputy Clerk is directed to forward an
attested copy of this resolution to the Honorable John w. Warner
Member, United States Senate; the Honorable Paul S. Trible, Jr.,
Member, United States Senate; The Honorable James R. Olin, Membe
of Congress, Members of the General Assembly representing Roanok
County, and Mary F. Parker, Clerk, City of Roanoke.
On motion of Supervisor Brittle, seconded by Supervise
Garrett, and upon the following recorded vote:
AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson
NAYS None
IN RE: DINNER RECESS
Chairman Johnson declred a dinner recess at 3:55 p.m.
~ IN RE: CALL TO ORDER
Chairman Johnson called the meeting back to order at
7:00 p.m.
IN RE: FIRST READING OF ORDINANCES
1. Ordinance acce tin an offer for and authorizin
the conveyance of surplus real estate, "Cooks Bottom" property:
d "~
January 27, 1987
unty Attorney Paul Mahoney announced an offer had been received
purchase the Cooks Bottom real estate. It consists of 14
res of real estate located in Salem. Supervisor Johnson moved
approve the first reading of the ordinance. The motion was
conded by Supervisor Brittle and carried by a unanimous roll
11 vote.
2. Ordinance amending Chapter 21, "Taxation" of the
unto Code providing for payments in lieu of real
roperty taxation, imposing; valuation, calculation of service
harge, exemptions, therefrom, appeals: Mr. Mahoney stated
his ordinance allows the County to impose a service charge on
ertain tax exempt property within the County. The service
harge will commence on January 1, 1988. The purpose of the
ervice charge is to furnish police and fire protection, and
ollection and disposal of refuse.
Dr. Nickens requested that all potential taxable
ntities be notified before the second reading. Mr. Mahoney
tated that there are in excess of 100 groups who could be
ffected by this service charge. Supervisor Johnson directed the
taff to notify as many groups as possible. Dr. Nickens asked if
he Commissioner of Revenue was involved in the drafting of the
rdinance. Mr. Mahoney responded that draft copies had been sent
o both the Commissioner of Revenue and the Treasurer. In
esponse to another question, Mr. Mahoney stated that faculty and
taff housing must receive a twelve-month notice prior to
mposition of the service charge.
Supervisor Nickens moved to approve the first reading
f the ordinance. The motion was seconded by Supervisor Johnson
nd carried by a unanimous roll call vote.
3. Ordinance authorizating the acquisition of a
f
~/
Mr. Mahoney stated this ordinance is for acquisition
water and sewer lines as part of the Clearbrook Water Project.
January 27, 1987
Supervisor Brittle moved to approve the first reading
of the ordinance. The motion was seconded by Supervisor Nicken
and carried by a unanimous roll call vote.
IN RE: SECOND READING OF ORDINANCES
1._ Ordinance accepting an offer for and authorizing
the conveyance of surplus real estate, Old Bent Mountain Fire
Station: Mr. Mahoney reported that the County had received an
offer from David W. Peters in the amount of $30,000 for this
property, and no other offers had been received.
Supervisor Garrett moved to approved the second readi
of the ordinance. The motion was seconded by SUpervisor Nickens
ORDINANCE 12787-7 ACCEPTING AN OFFER FOR
AND AUTHORIZING THE CONVEYANCE OF SURPLUS
REAL ESTATE, OLD BENT MOUNTAIN FIRE
STATION
BE IT ORDAINED by the Board of Supervisors of Roanoke '
County, Virginia, as follows:
1. That pursuant to the provisions of §18.04 of the
Charter of Roanoke County, a first reading concerning the sale
and disposition of the hereinafter described real estate was hel
on January 13, 1987. A second reading on this matter was held
January 27, 1987. This real estate consists of approximately
.443 of an acre located on State Route 221, Tax Map No.
111-1-17.
2. That offers having been received for the old Bent
Mountain Fire Station, the offer of David W. Peters in the amou'
of $30,000 is hereby accepted and all other offers are rejecte
and
3. That the County Administrator is authorized to e
cute such documents and take such actions on behalf of Roanoke
County as are necessary to accomplish the conveyance of said p
~../ ".. /
January 27, 1987
perty, all of which shall be upon form approved by the County
Attorney.
On motion of Supervisor Garrett, seconded by Supervisor
Nickens and upon the following recorded vote:
AYES: Supervisors Garrett, McGraw, Nickens, Johnson
NAYS: None
ABSENT: Supervisor Brittle
2. Ordinance authorizing the acquisition of 017
acre of real estate from the Catawba Hospital• Mr. Mahoney
announced that Catawba Hospital had agreed to donate this
property to Roanoke County for use in expanding the fire station
in that area. There are some incidental costs involved in this
transaction.
Supervisor McGraw moved to approve the second reading
of the ordinance. The motion was seconded by Supervisor Garrett.
ORDINANCE 12787-8 AUTHORIZING THE
ACQUISITION OF .017 ACRE OF REAL ESTATE
FROM THE CATAWBA HOSPITAL
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of §18.04 of the
Charter of Roanoke County a first reading concerning the acquisi-
tion of the hereinabove described real estate was held on
January 13, 1987. The second reading on this matter was held on
January 27, 1987.
2. That the County shall acquire this real estate from
the Catawba Hospital for the purpose of expanding the fire sta-
tion in the vicinity of the Catawba Hospital in order to improve
public safety. Catawba Hospital will donate this real estate
consisting of approximately 0.17 acre (a portion of Tax Map No.
7.00-1-5) to Roanoke County. The County will pay any costs in-
volved in this conveyance.
3. That the County Administrator is authorized to exe-
cute such documents and take such actions on behalf of Roanoke
!/
January 27, 1987
County as are necessary to accomplish the acquisition of said
real estate, all of which shall be upon a form approved by the
County Attorney.
On motion of Supervisor McGraw, seconded by Supervisor
Garrett and upon the following recorded vote:
AYES: Supervisors Garrett, McGraw, Nickens, Johnson
NAYS: None
ABSENT: Supervisor Brittle
IN RE: PUBLIC HEARINGS
187-1 Request from FRIENDSHIP MANOR APARTMENT VILLAGE
to classify and designate as exempt from taxation,
pursuant to Section 6 (a) (6) of Article X of the
Constitution of Virginia, property located in the
County of Roanoke
County Attorney Paul Mahoney reported that when the
Board authorized the settlement of pending litigation with
Friendship Manor on January 13, 1987, one element of the
settlement was that the Board approve a resolution to the Genera
Assembly supporting the tax-exempt status of Friendship Manor
Apartment Village. He requested that the prepared resolution
be amended to designate Friendship Manor Apartment Village
instead of Friendship Manor, Inc.
Caldwell Butler, Attorney for Friendship Manor spoke i
support of this petition. He stated that Friendship Manor
Apartment Village had qualified for a 501C3 designation stating
their income was not taxable, and that they conduct themselves a
a non-profit organization. He further stated that 116 units are
located in the City and 225 are located in the County. The
portion located in the City has been exempt from taxation.
___ _ 4/
January 27, 1987
Commissioner of the Revenue R. Wayne Compton spoke in
opposition to this petition and presented documents which he felt
supported his position.
No other citizens spoke in opposition to the petition.
Supervisor Nickens stated that he felt there was
sufficient evidence that Friendship Manor Apartment Village was
s taxable entity, and approval of this resolution was contrary
to previous opinions of the Attorney General. He also questioned
whether the documents presented support the request for
tax-exempt status. His main concern was that no member of the
board or legal counsel has had an opportunity to review the
legislation that has been submitted to the General Assembly for
:onsideration.
Chairman Johnson requested that Mr. Butler provide a
ropy of the draft legislation to County Attorney, and Mr. Butler
stated he would comply. Chairman Johnson announced this had been
i very difficult decision for all board members and he thanked
:he County Administrator and County Attorney for their work on
:he proposed settlement.
Supervisor Johnson moved to approve the prepared
resolution as amended by the County Attorney. The motion was
seconded by Supervisor Brittle.
RESOLUTION 12787-9 TO THE GENERAL ASSEMBLY
SUPPORTING TAX EXEMPTION OF PROPERTY OWNED BY
FRIENDSHIP MANOR APARTMENT VILLAGE
CORPORATION AND USED FOR CHARITABLE AND
BENEVOLENT PURPOSES ON A NON-PROFIT BASIS
WHEREAS, Friendship Manor Apartment Village Corporation has
requested this Board, pursuant to Section 30-19.04 of the Code of
lirginia, as amended, to adopt a resolution addressed to the
3eneral Assembly to classify and designate as exempt from
taxation, pursuant to Section 6(a) (6) of Article X of the
:onstitution of Virginia, property located in the County of
toanoke, owned by it and used for charitable and benevolent
-l
poses; and
January 27, 1987
WHEREAS, a public hearing at which all citizens had an
opportunity to be heard with respect to the request of Friendshi
Manor Apartment Village Corporation was held by the Board on
January 27, 1987; and
WHEREAS, the provisions of subsection B of Section 30-19.09
of the Code of Virginia, as amended, have been examined and
considered by the Board; and
WHEREAS, Friendship Manor Apartment Village Corporation,
pursuant to Section 58.1-3650.151 of the Code of Virginia, as
amended, has been classified and designated as to its properties
in the City of Roanoke, as a charitable and benevolent
organization within the context of Section 6(a) (6) of Article A
of the Constitution of Virginia;
BE IT RESOLVED that the Board of Supervisors of the County
of Roanoke supports the classification and designation of
Friendship Manor Apartment Village Corporation as a charitable
and benevolent organization; and
BE IT FURTHER RESOLVED that the Board supports the exemptic
from taxation of property located in the County of Roanoke, owns
by Friendship Manor Apartment Village Corporation, and used
exclusively by it for charitable and benevolent purposes on a nc
profit basis.
On motion of Supervisor Johnson, seconded by Supervisor
Brittle and the following recorded vote:
AYES: Supervisors Brittle, Garrett, McGraw, and Johnson
NAYS: Supervisor Nickens
187-2 Petition of JELCO CONSTRUCTION COMPANY, INC., to
amend the existing conditions on the rear portion of
the ro ert located north and east of Mick or Mach on
Route 221 in the CAVE SPRING MAGISTERIAL DISTRICT (Hel
over from December 16, 1986)
v .-
January 27, 1987
Chairman Johnson announced that the petitioner has
requested that this hearing be continued until Feburary 24, 1987.
187-3 Petition of SPRINGWOOD ASSOCIATES to amend the
conditions on a 0.606 acare parcel to allow
construction of a retail business, located adiacent to
3513 Brambleton Avenue in the WINDSOR HILLS MAGISTERIAL
DISTRICT
Assistant County Administrator Timothy Gubala announced
that the petitioner has requested a 30 day continuance on this
rezoning.
187-4 Petition of WILLARD N. AND KATHERINE B.JAMES
requesting rezoning of 4.68 acres loated at 6858 Quail
Place from R-1 Residential to RE Residential Estate to
allow nomore than four hourses for pleasure located in
the HOLLINS MAGISTERIAL DISTRICT
Mr. Gubala reported that the purpose of this rezoning
is to allow the petitioners to keep horses on their property.
The Planning Commission voted unanimously to recommend approval.
Katherine B. James was present and stated she would
keep no more than four horses on the property.
There was no one present in opposition to this matter.
Supervisor Joh_n.GOn moved to approve the rezoning from
R-1 Residential to RE Residential Estates. The motion was
seconded by Supervisor Brittle.
NOW, THEREFORE BE IT ORDERED that the aforementioned
parcel of land, which is contained in the Roanoke County Tax Maps
as Parcel 28,13-01-34.1 2716-06-09 and recorded in Deed Book
1248, page 245, and legally described below, be rezoned from R-1
District to RE District.
January 27, 1987
BEGINNING at a railroad spike set on the south side
of a 20 foot perpetual right of way, said point being
approximately 0.2 miles west of Va. Sec. Rte. 1913,
said point being of the line of property of L. H.
Tuck, Jr., et als; thence leaving said point of
Beginning and following the property herein described
and the Tuck property, N 58 0 30' 00" W. 60.00 feet
to an iron pipe; thence continuing with the
Tuck property, N. 560 46" 00" W. 204.43 feet to an
iron pin on the line of the E. S. & J. E. Byers
property thence with the Byers property and the
property herein described, N. 19° 00' 00" E. 58.49
feet to an iron pin, thence continuing between said
properties, N. 120 03' 00" W. 190.27 feet to a
drill hole; thence continuing with the said
properties, N. 890 25' 00" E. 106.08 feet to a drill
hole; thence continuing between the properties N. 190
20' 00" E. 40.70 feet at an iron pipe; thence
continuing between said properties and crossing
Tinker Creek, N. 550 20' 00" W. 148.20 feet to an
iron pipe set on the west side of Tinker Creek,
corner to Lot 15, Map No. 3 of Summerdean
Subdivision; thence with Lot 15 and the property
herein described and generally down the center of
Tinker Creek, N. 320 17' 00" E. 136.00 feet to a
point in the center of Tinker creek; thence
continuing with Tinker Creek, N. 000 50' 00" W.90.85
feet in the center of Tinker Creek corner to Lot 6 of
Meadwood;thence with Lot 6 of Meadwood and the
property herein described, N. 600 37' 30" E. 49.00
feet to an iron pin; thence continuing with Lot 6 and
the property herein described 550 52' 30"E. 360.06
feet to an iron pin found; thence continuing between
said properties, S. 300 53' 30" E. 150.09 feet to an
ironpin found on the west side of Quail Place (a
street); thence with the west side of Quail Place S.
36° 39' 30" W. 122.13 feet to an iron pin found,
corner to the W. 0. Crutchfield, et als, property;
thence continuing with the Crutchfield property, S.
44° 52' 30" W. 127.10 feet to a point thence S. 70°
27' 30" E. 23.5 feet to a railroad spike set in the
middle of a 30 foot reserved strip for road
widening thence with the Crutchfield property herein
described, S. 44° 35' 08" W. 58.03 feet to a
point thence following the center of said reserved
strip and the property herein described with a curve
to the left whose radius is 149.75 and whose arc is
180.65 feet (chord equals S. 100 O1' 38" W. 169.89
feet) to a point on the north side of the
aforementioned 20 foot perpetual right of way; thence
with the north side of said right of way N. 58° 30'
00" W. 27.57 feet to an iron pin at the terminus of
the said 20 foot perpetual right of way, 5.290 02'
30" W. 20.02 feet to the point of BEGINNING and being
a parcel of land containing 4.68 acres and being as
shown on plat prepared by T. P. Parker & Son,
Engineers and Surveyors, Ltd. dated October 20, 1986,
said plat being attached to the hereinafter described
deed; and,
BEING the same property conveyed unto the grantors by de
dated October 27, 1986 from Dennis W. Body and Thelma A.
Body, husband and wife.
~'"" ,
BE IT FURTHER ORDERED that a copy of this order be
January 27, 1987
transmitted to the Secretary of the Planning Commission and that
he be directed to reflect that change on the official zoning map
of Roanoke County.
ADOPTED on motion of Supervisor Johnson and upon the
following recorded vote:
AYES: Supervisor Brittle, Garrett, McGraw, Nickens, Johnson
NAYS: None
PROFFER OF CONDITIONS
Being in accord with Sec. 15.1-491.1 et. seq. of the
code of Virginia and Sec.21-105E. of the Roanoke County Zoning
Ordinance, the Petitioners Willard N. James Jr. and Katherine B.
James hereby voluntarily proffers to the Board of Supervisors of
i
Roanoke County, Virginia the following conditions to the rezoning
of the above-referenced parcel of land:
In apply for the RE Residential Estate District, we are
interested only in obtaining the uses contained in Item 1 (Single
family detached dwellings) and Item 5 (Agricultural, except the
commercial...). We would like to keep horses on this property
and are not interested in the other allowable uses such as
contained in Items 2, 3, 4, 6, 7, 12. The only changes we would
like from the present R-1 zoning is the permission to have horses.
The number of horses and/or ponies will be limited to a maximum
of four. There will be no other agricultural animals other than
horses and/or ponies.
187-5 Petition of the ROANORE COUNTY PLANNING COMMISSION
to amend the Roanoke County Zoning Ordinance to add
an emergency communications overlay zoning district
Assistant County Administrator Timothy Gubala reported
that the Planning Commission and staff, and the Fire & Rescue
staff worked together t<~ aPt)Plop this district as part of the 911
-`
January 27, 1987
system. The purpose of the amendment is restrict the height of
structures and trees which could obstruct the transmission of
emergency communication.
Chairman Johnson requested that in the future issues
such as these be brought to the Board in work session prior to a
public hearing.
County Administrator Elmer Hodge requested that the a
policy be established for interpretation of the ordinance.
Supervisor McGraw moved to approve the prepared
ordinance, and that staff be directed to develop a policy for
interpretation and administration of the ordinance. The motion
was seconded by Supervisor Johnson.
ORDINANCE 12787-10 AMENDING THE ItOANOKE OpUNTSt ZONING
ORDIl~INCE ~ ADD AN F1~F.N(.'Y OOMM(7[dICATIONS OVERLAY
ZONING DISTRICT
BE IT ORDAINID by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. Revise Article V. Special Public Interest Regulations by
adding a new Section 21-63 as follows:
A. Purse.
This section restricts the height of structures and
objects of natural growth. These height restrictions
protect the public transmission of camiunications for
emergency services, fire protection, and law
enforcement. This zone is established for the general
purpose of prating the health, safety, and general
welfare of the public, and other purposes required by
Section 21-1 of this ordinance. Further, this zone
seeks to protect against the loss of life, health, or
property fran fire, flood, panic, ar other danger which
could result fran the interference of emergency
cannunications.
B. Overlay Zoning Provisions.
The zoning provisions of this section shall be overlays
to the underlying zoning district classifications as
shown on the Official Zoning Map. As overlay
provisions, this section shall serve as a supplement to
the underlying zoning district provisions.
C. Establishment of Zones.
This section establishes certain F1nPxgency
Ccmnunication Zones. These zones shall include all of
the land lying benesth and within one hundred (100)
feet to either side of the transmissirn paths of
emergency oannunications fran a microwave transmission
system. These zones are shave on a map entitled
`~ /
January 27, 1987
n
Roanoke County Emergency Catmunications Zoning Map,"
prepared under the direction of the Planning Officer
for the Department of Fire and Emergency Services.
This map shall be kept as a supplement to the Official
Zoning Map.
D. Height and Use Limitations.
(1) No structure shall be erected, altered, or
maintained, and no tree shall be allowed to grown
to a height which would obstruct the transmission
of emergency ccmnunications.
(2) No use may be made of any property which would
create interference with the transnissio~n of
emergency eannunic~tions.
E. Permits.
property located beneath an estimated transmission
path or within one hundred feet to either side of
a path shall be referred to the Planning Officer
of the Department of Fire and Emergency Services.
(2> The applicant shall satisfy the Planning Officer
that the proposed structure will canply with the
height and use limitations of this section.
Revise Section 21-4-3 by adding provisions for a new
supplementary map as follows:
Sec . 21-4-3 SUPPI~E1~Id~1RY N~,PS
Supplementary maps which are declared to be a part of the
Official Zoning Map shall include: 4~he Resnelee eennt~-
Peed P~~ Msp and the Resneke MnaieipQ} Pctrport Sert}ng
~'~P
(a) the Roanoke County Floodplain Map,
(b) the Roanoke Municipal Airport Zoning Maps, and
(c) the gneraency Caimunications Zoning Map.
(c) the Emergency Canminicatians Zoning Map.
On motion of Supervisor McGraw, seconded by Supervisor
nson, and upon the following recorded vote:
YES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson
YS: None
RE: REPORTS
The following reports were received by the Board of
~lr
~! .
upervisors:
,,
January 27, 1987
1. Accounts Paid for December 1986
2. Statement of Expenditures for six months ended
December 1986
3. Board Contingency Fund
4. Development Data Report
IN RE: ADJOURNMENT
At 8:04 p.m. Chairman Johnson recessed the meeting
until February 2, 1987 at 1:00 p.m. to go into Executive Session
pursuant to the Code of Virginia Section 2.1-344 (a) (6) to
consider the Red Lane annexation suit.
Bob L. Johnson, Chairman
ITEM NUMBER ~,T-- ,L
AT A VIRGINIAMHELDNATOTHEHROANOKE COUNTYEADMINISTRATIONNCENTER
COUNTY,
MEETING DATE: February 24, 1987
SUBJECT: Acceptance of Water and Sewer lines in Woodbridge,
Section 8
COUNTY ADMINISTRATOR'S COMMENTS:
D~~,-"
SUMMARY OF INFORMATION:
has
The developer of Woodbridge, Section 8, Westclub Corporation,
requested that Roanoke County accept the deed conveying the water
and sewer lines serving the subdivision along with all necessary
easements.
The water and sewer lines-are installed as shown on engineering
plans prepared by T.P. Parker & Son entitled Section 8,
Woodbridge, dated November 19, 1984, which are on file in the
Public Facilities Department. The water and sew roved by
construction meets the specifications and the plans app
the County.
FISCAL IMPACT:
The values of the water and sewer construction are $20,150 and
$25,745, respectively.
RECOMMENDATION:
The staff recommends that the Board of Supervisors accept the
water and sewer facilities serving the subdivision along with all
necessary easements, and authorize the County Administrator to
execute a Deed for the transfer of these facilities.
SUBMITTED BY:
~~~
Phillip T. Henr
Director of Engineering
APPROVED:
~~
Elmer C. Hodge
County Administrator
1
`~ ~ ~,
-----------------------------------------------
ACTION VOTE
Approved ( ~ Motion by: L3l'i ~-~~e,/~'~~~ No Yes Abs
Denied ( ) Brittle `-~
Received ( ) Garrett ~---
Referred Johnson ,~
To McGraw /
Nickens /
,~, ~/~
2
e
r
ITEM NUMBER ~-./ -
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE
COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER
MEETING DATE: February 24, 1987
SUBJECT: Acceptance of Millwood Drive into the Virginia
Department of Transportation Secondary System.
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Westclub Corporation the developer of Woodbridge Section 2,
requests that the Board of Supervisors approve a resolution to
the Virginia Department of Transportation requesting that they
accept 0.11 miles of Millwood Drive.
The staff has inspected this road along with representatives
of the Virginia Department of Transportation and find the road is
acceptable.
FISCAL IMPACT:
No County funding is required.
RECOMMENDATIONS:
The staff recommends that the Board approve a resolution to
the VDOT requesting that they accept Millwood Drive into the
Secondary Road System.
SUBMITTED B
~ ~
C
l~n A. -eters, III, P. E.
affic & Roads Coordinator
blic Facilities Department
APPROVED:
~~
Elmer C. Hodge
County Administrator
1
\./ -
Approved
Denied
Received
Referred
to
Motion by:
ACTION
VOTE
No Yes Abs
Brittle
Garrett
Johnson
McGraw
Nickens
2
• ~
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION
CENTER ON TUESDAY, FEBRUARY 24, 1987
RESOLUTION REQUESTING ACCEPTANCE OF MILLWOOD DRIVE INTO
THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY
ROAD SYSTEM
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That this matter came this day to be heard upon the
proceedings herein, and upon the application for Millwood Drive
to be accepted and made a part of the Secondary System of State
Highways under Section 33.1-229 of the Virginia State Code.
2. That it appears to the Board that drainage easements
and a fifty (50> foot right-of-way for said road have heretofore
been dedicated by virtue of a certain map known as revised Green
Valley Estates, which map was recorded in Plat Book 9, Page 83,
of the records of the Clerk's Office of the Circuit Court of
Roanoke County, Virginia, on March 15, 1977, and that by reason
of the recordation of said map no report from a Board of Viewers,
nor consent or donation of right-of-way from the abutting
property owners is necessary. The Board hereby guarantees said
right-of-way for drainage.
3. That said road known as Millwood Drive and which is
shown on a certain sketch accompanying this Resolution, be, and
the same is hereby established as a public road to become a part
of the State Secondary System of Highways in Roanoke County, only
from and after notification of official acceptance of said street
or highway by the Virginia Department of Transportation.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE
COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION
CENTER ON TUESDAY, FEBRUARY 24, 1987
RESOLUTION 22487-6.B REQUESTING ACCEPTANCE OF MILLWOOD
DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION
SECONDARY ROAD SYSTEM
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That this matter came this day to be heard upon the
proceedings herein, and upon the application for Millwood Drive
to be accepted and made a part of the Secondary System of State
Highways under Section 33.1-229 of the Virginia State Code.
2. That it appears to the Board that drainage easements
and a fifty (50) foot right-of-way for said road have heretofore
been dedicated by virtue of a certain map known as revised Green
Valley Estates, which map was recorded in Plat Book 9, Page 83,
of the records of the Clerk's Office of the Circuit Court of
Roanoke County, Virginia, on March 15, 1977, and that by reason
of the recordation of said map no report from a Board of Viewers,
nor consent or donation of right-of-way from the abutting
property owners is necessary. The Board hereby guarantees said
right-of-way for drainage.
3, That said road known as Millwood Drive and which is
shown on a certain sketch accompanying this Resolution, be, and
the same is hereby established as a public road to become a part
of the State Secondary System of Highways in Roanoke County, only
from and after notification of official acceptance of said street
or highway by the Virginia Department of Transportation.
_,~-.
On motion of Supervisor Brittle, seconded by Supervisor Garrett,
and upon the following recorded vote:
AYES: Supervisors Brittle, Garrett, McGraw, Johnson
NAYS: None
ABSENT: Supervisor Nickens
A COPY - TESTE
~ ~/ .
Mary H. Allen, Deputy Clerk
2/25/87
CC: File
John Peters, Coordinator of Roads
John Hubbard, Public Facilities
O~ (tOANp~.~
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SFSVUICENTENN~P~
A Beauti~u/Beginning
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C~ALtYitl~ Af ~IIMYittIZP
COUNTY ADMINISTRATOR
ELMER C. HODGE
February 26, 1987
Ms. Mary Ann McAden
2041 Brookfield Drive
Roanoke, Virginia 24018
Dear Ms. McAden:
BOARD OF SUPERVISORS
BOB JOHNSON. CHAIRMAN
HOLLINS MAGISTERIAL DISTRICT
LEE GARRETT. VICE-CHAIRMAN
WINDSOR HILLS MAGISTERIAL DISTRICT
ALAN H. BRITTLE
CAVE SPRING MAGISTERIAL DISTRICT
STEVEN A. MCGRAW
CATAWBA MAGISTERIAL DISTRICT
HARRY C. NICKENS
VINTON MAGISTERIAL DISTRICT
At their regular meeting on February 24, 1987 the County
Board of Supervisors unanimously approved the request of the Oak
Grove Elementary School PTA for a permit for a Raffle.
The fee has been paid.
You may consider this letter to be your permit, and I
suggest it be displayed on the premises where the Raffle is to be
conducted. The State Code provides that raffle and bingo permits
be issued on a calendar-year basis; therefore, the permit will
expire December 31, 1987. This permit, however, is only valid
for the dates specified on your application.
If I may be of further assistance, please do not hesitate
to contact me at 772-2004.
Vey; tr#l~s'you~r'~,
Bob L. Joh ~ on, Chai~rmari"~~' '"
Roanoke County Board of Supervisors
mha
CC: Commissioner of the Revenue
Fiscal Management
Commonwealth Attorney
County Treasurer
P.O. BOX 29800 ROANOKE. VIRGINIA 2 4018-07 9 8 (703> 772-2004
ITEM NUMBER 'rj~
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE
COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER
MEETING DATE:
February 24, 1987
SUBJECT: Request for a Raffle Permit from the Oak Grove
Elementary School PTA
COUNTY ADMINISTRATOR'S COMMENTS:
~~
SUMMARY OF INFORMATION:
The Oak Grove Elementary School PTA has requested a Raffle Permit.
This application has been reviewed by the Commissioner of Revenue
and he recommends that it be approved.
The organization has paid the $25.00 fee
SUBMITTED BY:
Mary H. Allen
Deputy Clerk
APPROVED BY:
~~
Elmer C. Hodge
County Administrator
---------------------------------------------------------------------------
ACTION VOTE
Approved (~ Motion by: .~ ~"'~~~e/CyGz~/Zf~ No Yes Abs
Denied ( )
Received ( )
Referred
To
Brittle J
Garrett v
Johnson ~
McGraw ~
Nickens ~
/_~/~
' O~ ROANO~~
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~ ~
o `a? COUNTY OF ROANOKE, VIRGINIA
J ..:.
A1s3a COMMISSIONER OF THE REVENUE
APPLICATION FOR PERMIT TO CONDUCT RAFFLES OR BINGO
~ ROANp~
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ti p
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1838 1
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Application is hereby made for a bingo game or raffle permit.
This application is made subject to all County and State laws,
ordinances, rules, and regulations now in force, or that may be
enacted hereafter and which are hereby agreed to by the under-
signed applicant and which shall be deemed a condition under
which this permit is issued.
All applicants should exercise extreme care to ensure the accura-
cy of their responses to the following questions. Bingo games
and raffles are strictly regulated by Title 18.2-340.1 et. sue.
of the criminal statutes of the Virginia Code, and by Section
4-86 et. seg. of the Roanoke County Code. These laws authorize
the County Board of Supervisors to conduct a reasonable investiga-
tion prior to granting a bingo or raffle permit.. The Board has
sixty days from the filing of an application to grant or deny the
permit. The Board may deny, suspend, or revoke the permit of any
organization found not to be in strict compliance with county and
state law.
Any person violating county or state regulations concerning these
permits shall be guilty of a Class 1 misdemeanor. Any person who
uses any part of the gross receipts from bingo or raffles for any
purpose other than the lawful religious, charitable, community,
or educational purposes for which the organization is specifi-
cally organized, except for reasonable operating expenses, shall
be guilty of a Class 6 felony.
THIS APPLICATION IS FOR: (check one)
RAFFLE PERMIT
Name of Organization
Street Address
G~~ d,~ ~
~~
Mailing Address 5A'*~`'~~--~
City State, Zip Code
~/A 2ydti~
Purpose and Type of Organization ~q(~,~
When was the organization founded? ,~5 ~
/ BINGO GAMES
1
ma=y
Roanoke County meeting place? ~o•~ ~~~ 5~~~
Has organization been in existence in Roanoke County for two con-
tinuous years? YES / NO
Is the organization non-profit? YES ~ NO
Indicate Federal Identification Number #_~/A
Attach copy of IRS Tax Exemption letter.
Officers of the Organization:
President: ~~~'+ o~MGr ~vw~~t~v,Vice-President V~\yrC }~a/~
Address : '7.p~1 ~tO~ {~~ ~~ Address : `1"l1a ~~,o,r.,, -1 ~ 1'~.,,
~oaw,c~ ~J A 2a nt Q~ '(~ aa~• ~ J ~ 2~0 ~~
Secretary: ~.~nr+~P. ~,•~~vv~~Q,/ Treasurer: ~~~~ 0.rt~ ~4~` ~~~4j~'~'^
Address • GJ04~j GA~~~M-~ ~~~. Address : 2~2 ~`1,iw. C~rc`~.
• ~ ~~ 2.4U1~ hbG~n a~r ~I , r ~ a 2'~ al Q~
Member authorized to be responsible for Raffle or Bingo opera-
tions:
Name 1~-`o.r..~ ~V-~n M~ ~Y-~n s~
Home Address Zb~1 ~r~,~~~ ~ ~f"+n~+~+ 2~16t$
Phone ~$g' 535° Bus . Phone
A COMPLETE LIST OF THE NAMES AND ADDRESSES OF CURRENT MEMBER-
SHIP MUST BE FURNISHED WITH THIS APPLICATION.
Specific location where Raffle or Bingo Game is to be conducted.
tt ..._.----•
Q4~ Cxro.i~ S~r,oo`
RAFFLES: Date of Drawing J~pr., I`,~941 Time of Drawing 1'.eoYM
~-
BINGO: Days of Week & Hours of Activity:
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
From To
From To
From To
From To
From To
From To
From To
2
J-y
State specifically how the proceeds from the o/Raffle will be
used. List in detail the use of the planned or intended use of
the proceeds. Use estimated amounts if necessary.
~~\ Qrocee~.S .~'o•,,, -~. ~'c,~-~' 1~ w ~ It b< ~sQ ~ -4-0
~,, ~cr~aS.e ~e ~.~cc~~w.~...\ ~-.,c~~e-~r, c.` S a~~,~o~ ec~v• p ~,e.,,.~-
~-y
BINGO: Complete the following:
Legal owner(s) of the building where BINGO is to be conducted:
Name:
Address:
County State Zip
Is the building owned by a 501-C non-profit organization?
Seating capacity for each location:
Parking spaces for each location:
ALL RAFFLE AND BINGO APPLICANTS MUST ANSWER QUESTIONS 1 - 19
1. Gross receipts from all sources related to the operation of
Bingo games or Instant Bingo by calendar quarter for prior calen-
dar year period.
BINGO INSTANT BINGO
1st Quarter
2nd Quarter
3rd Quarter
4th Quarter
Total
lst Quarter
2nd Quarter
3rd Quarter
4th Quarter
Total
2. Does your organization understand that it is a violation of
law to enter into a contract with any person or firm, associa-
tion, organization, partnership, or corporation of any classifica-
tion whatsoever, for the purpose of organizing, managing, or con-
ducting Bingo Games or Raffles? 1(~S
3. Does your organization understand that it must maintain and
file complete records of receipts and disbursements pertaining to
Bingo games and Raffles, and that such records are subject to
audit by the Commissioner of the Revenue? ~(~y
4. Does your organization understand that the Commissioner of
the Revenue or his designee has the right to go upon the premises
on which any organization is conducting a Bingo game or raffle,
to perform unannounced audits, and to secure for audit all re-
cords required to be maintained for Bingo games or raffles?
~C~,s
3
ma=y
5. Does your organization understand that a Financial Report
must be filed with the Commissioner of the Revenue on or before
the first day of November of each calendar year for which a per-
mit has been issued? ~j'~5
6. Does your organization understand that if gross receipts ex-
ceed fifty thousand dollars during any calendar quarter, an addi-
tional Financial Report must be filed for such quarter no later
than sixty days following the last day of such quarter? ~tcS
7. Does your organization understand that the failure to file
financial reports when due shall cause automatic revocation of
the permit, and no such organization shall conduct any Bingo game
or raffle thereafter until such report is properly filed and a
new permit is obtained? ~(rc.s
8. Does your organization understand that each Financial Report
must be accompanied by a Certificate, verified under oath by the
Board of Directors, that the proceeds of any Bingo game or raffle
have been used for these lawful, religious, charitable, commu-
nity, or educational purposes for which the organization is spe-
cifically chartered or organized, and that the operation of Bingo
games or raffles have been in accordance with the provisions ~5
Article 1.1 of Chapter 8, Title 18.2 of the Code of Virginia?~_
9. Does your organization understand that a one percent audit
fee of the gross receipts must be paid to the County of Roanoke
upon submission of the annual financial report due on or before
the first of November? ~{E.S
10. Does your organization understand that this permit is valid
only in the County of Roanoke and only at such locations, and for
such dates, as are designated in the permit application? ~C'E.S
11. Does your organization understand that no person, except a
bona fide member of any such organization who shall have been a
member of such organization for at least ninety days prior to
such participation, shall participate in the management, opera-
tion, or conduct of any bingo game or raffle, and no person
shall receive any remuneration for participating in management,
operation, or conduct of any such game or raffle? 1('~5
12. Has your organization attached a check for the annual permit
fee in the amount of $25.00 payable to the County of Roanoke,
Virginia? ~~.5
13. Does your organization understand that any organization found
in violation of the County Bingo and Raffle Ordinance or X18.2-
340.10 of the Code of Virginia authorizing this permit is subject
to having such permit revoked and any person, shareholder, agent,
member or employee of such organization who violates the above to
having such permit revoked and any person, shareholder, agent,
member or employee of such organization who violates the above
referenced Codes may be guilty of a felony? 1(x.,5
4
°~= y
14. Has your organization attached a complete
ship to this ap lication form? 1-1C~
G aY. be. ~~ • ~,s~+~ d ti ~ 6bSiQti J -~ v- ec. ss as
15. Has your organization attached a copy of
application form? '`~E$
list of its member-
its bylaws to this
16. Has the organization been declared exempt from property taxa-
tion under the Virginia Constitution or statutes?
If yes, state whether exemption is for real, personal property,
or both and identify exempt property.
17. State the specific type and purpose of the organization.
18. Is this organization incorporated in Virginia?
If yes, name and address of Registered Agent:
19. Is the organization registered with the Virginia Department
of Agriculture and Consumer Affairs pursuant to the Charitable
Solicitations Act, Section 57-48 of the Virginia Code?
(If so, attach copy of registration.)
Has the organization been granted an exemption from registration
by the Virginia Department of Agriculture and Consumer Affairs?
(If so, attach copy of exemption.)
ALL RAFFLE APPLICANTS DESCRIBE THE ARTICLES TO BE RAFFLED,
VALUE OF SUCH ARTICLES, AND PROCEED TO NOTARIZATION.
Article Description Fair Market Value
Q.y~`k (oOD, op
2 r, b a.~. ~ 3 ~~, ~r- toi, ~.Q.~-- -~-n b~e t~-~e~e~,~r~.r.c
5
~y
26. Does your organization understand that a Certificate of Occu-
pancy must be obtained or be on file which authorizes this use at
the proposed location?
27. Does your organization understand that awards or prize money
or merchandise valued in excess of the following amounts are
illegal?
a. No door prize shall exceed twenty-five dollars.
b. No regular Bingo or special Bingo game shall exceed One Hund-
red dollars.
c. No jackpot of any nature whatsoever shall exceed One Thousand
Dollars, nor shall the total amount of jackpot prizes awarded
in any one calendar day exceed One Thousand Dollars.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
NOTARIZATION: THE FOLLOWING OATH MUST BE TAKEN BY ALL
APPLICANTS
I hereby swear or affirm under the penalties of perjury as set
forth in X18.2 of the Code of Virginia, that all of the above
statements are true to the best of my knowledge, information, and
beliefs. All questions have been answered.
Signed by:
Name
Home A dress
this ~t~h day of 19 $'~
Title
Subscribed and sworn before me,
My commission expires:
~~.. ~i 19 90
RETURN THIS COMPLETED APPLICATION T0:
dihm_ C' . Ri~iAd.
Notary Public
COMMISSIONER OF THE REVENUE
P.O. Box 3900
Roanoke, VA 24015
7
~-
NOT VALID UNLESS COUNTERSIGNED
The above application, having been found in due form, is approved
and issued to the applicant to have effect until December 31st of
this calendar year.
-~7~ ~~
Date Commis 'oner of t evenue
The above application is not approved.
Date Commissioner of the Revenue
8
g t
PARTICLE I - NAME ~ _' L~
The name of this association is the Oak Grove Elementary School
Parent-Teachers Association ("PTA"), Roanoke County. It is a local
PTA unit organized under the authority of the Virginia Congress of
Parents and Teachers (the State PTA), a branch of the National
Congress of Parents and Teachers (the National PTA).
~~ARTICLE II - PURPOSES
Section 1. The Objects of the association, in common with the
Objects of the National PTA, are:
a. To promote the welfare of children and youth in home,
school, community, and place of worship.
b. To raise the standards of home life.
c. To secure adequate laws for the care and protection of
children and youth.
d. To bring into closer relation the home, and the school,
that parents and teachers may cooperate intelligently
in the education of children and youth.
e. To develop between educators and the general public
such united efforts as will secure for all children
and youth the highest advantages in physical, mental,
social, and spiritual education.
Section 2. The Objects of this association are promoted, in co-
operation with the State PTA and the National PTA, through an
educational program directed towards parents, teachers, and the
general public; are developed through conferences, committees,
projects, and programs; and are governed and qualified by the basic
policies set forth in Article III.
#~ARTICLE III - BASIC POLICIES
The following are basic policies of this association:
a. The association shall be noncommercial, nonsectarian,
and nonpartisan.
b. The name of the association or the names of any members
in their official capacities shall not be used in any
connection with a commercial concern or with any partisan
interest or for any purpose not appropriately related to
promotion of the Objects of the assocaition.
c. The association shall not - directly or indirectly - par-
ticipate or intervene (in any way, including the pub-
lishing or distributing of statements) in any political
campaign on behalf of, or in opposition to any candidate
for public office; or devote more than an insubstantial
part of its activities to attempting to influence legis-
lation by propaganda or otherwise.
,.
ARTICLE III - BASIC POLICIES cont'd
d. The association shall work with the Schools to provide
quality education for all children and youth, and shall
seek to participate in the decision-making process estab-
lishing school policy, regognizing that the legal responsi-
bility to make decisions has been delegated by the people
to the boards of education.
e. The association may cooperate with other organizations
and agencies concerned with child welfare, but persons
representing the association in such matters shall make
no commitments that bind the association.
f. In the event of the dissolution of the association, its
assets shall be distributed for one or more of the exempt
purposes specified in Section 501 (C) (3) of the Internal
Revenue Code of 1954, as from time to time amended.
#'~-ARTICLE IV - ARTICLES OF ORGANIZATION
The association exists as an unincorporated association of its
members. Its "Articles of Organization" comprises these bylaws,
as from time to time amended.
~~ARTICLE V - MEMBESHIP AND DUES
Section 1. Membership in this PTA shall be made available to any
individual who subscribes to the Objects and Basic Policies of the
National PTA, without regard to race, color, creed, or national
origin, under such rules and regulations not in conflict with the
provisions of these bylaws, the bylaws of the State PTA, or the
bylaws of the National PTA.
Section 2. Only members of the association shall be eligible to
participate in the business meetings, or to serve in any of its
elective or appointive positions.
by
Section 3. Every individual who is a member of this PTA is,
virtue of that fact, a member of the National PTA and of the State
PTA by which this local PTA is chartered, and is entitled to all
benefits of such membership.
Section 4. The association shall conduct an annual enrollment of
members, but persons may be admitted to membership at any time.
Section 5. Each member of the association shall pay annual dues
of $1.50 to the association. Such annual dues include the portion
of 50¢ per member payable to the State PTA, and the portion of 50~
per member payable to the National PTA.
Section 6. The State and National PTA portions of the dues paid
by each member of the association shall be set aside by the assoc-
iation and remitted by the treasurer of the association to the
treasurer of the State PTA at the State Office on or before December
1, or before March 1, of each year for those memberships received
after December 1. Remittance for additional members received
after March, shall be made to the State Office by June 30. The
remittance to the State PTA shall be accompanied by a local re-
mittance blank showing the name and address of the president of
the association, the amount of dues collected during the period
covered by the report and the number of members in the association.
s
ARTICLE VI - OFFICERS AND THEIR ELECTION
Section 1. Each officer of this PTA shall be a member of the PTA.
Section 2. Officers and their election:
a. The officers of this association shall be a president,
three vice presidents, a corresponding secretary, a
recording secretary and a treasurer.
b. Officers shall be elected by ballot annually in the
month of April. However, if three is but one nominee
for any office, election for that office may be by
voice vote.
c. Officers shall assume their official duties following
the close of the meeting in May except for the treasurer
who shall assume his duties at the beginning of the fis-
cal year. The officers shall serve for a term of one
year or until their successors are elected.
d. A person shall not be eligible to serve more than two
consecutive terms in the same office except for the
third vice-president.
e• Any office may be held by two persons service as "co-
officers" if so elected.
Section 3. Nominating Committee
a. There shall be a nominating committee consisting of three
members, one of whom shall be elected by the executive
committee from its body, and two elected by the associa-
tion at a regular meeting at least one month prior to
the election. The association shall elect one of the
members of the nominating committee to be its chairman.
b. The nominating committee shall nominate an eligible
person for each office to be filled and report its
nominees at the regular meeting in April, at which
time additional nominations may be made from the floor.
c. Only those persons who have signified their consent to
serve if elected shall be nominated for or elected to
such office.
Section 4. A vacancy occurring in any office shall be filled for
the unexpired term by a person elected by a majority vote of the
executive committee, notice of such election having been given.
In case a vacancy occurs in the office of the president, the first
vice-president shall serve notice of the election.
ARTICLE VII - DUTIES OF OFFICERS
Section 1. The president shall preside at all meetings of the
association and of the executive committee at which he may be
present; shall perform such duties as may be prescribed in these
bylaws or assigned to him by the association or by the executive
committee; and shall coordinate the work of the officers and
committees or the association in order that the Objects may be
promoted.
Section 2. The vice presidents shall act as aides to the president
and shall (in their designated order) perform the duties of the
president in the absence or disability of that officer. The first
vice president shall serve as program chairman. The second vice
prsident shall serve as program chairman. The third vice presi-
dent shall be the principal of the school or a representative
appointed appointed by him/her.
Section 3. The corresponding secretary shall perform all correspon-
dence of the association, shall keep all correspondence files, and
shall perform other duties as may be delegated to him/her. The
recording secretary shall record the minutes of all meetings of the
association and of the executive committee and shall perform such
other duties as may be delegated to him/her.
Section 4. The treasurer shall have custody of all of the funds of
the association; shall keep a full and accurate account of receipts
and expenditures; and in accordance with the budget adopted by the
association, shall make disbursements as authorized by the president,
executive committee or the association. The treasurer shall present
a financial statement at every meeting of the association and at
other times when requested by the executive committee and shall make
a full report at the meeting at which new officers officially assume
their duties. The treasurer shall be responsible for the maintenance
of such books of account and records as conform to the requirements
of Article XII, Section 3, of these bylaws.
The treasurer's accounts shall be examined annually by an auditor or
an auditing committee of not less than three members who, satisfied
that the treasurer's annual report is correct shall sign a statement
of that fact at the end of the report. The auditing committee shall
be selected by the executive committee at least two weeks before the
meeting at which new officers assume their duties.
Section 5. All officers shall:
a. Perform the duties described in the parliamentary authority
in addition to those outlined in these bylaws and those
assigned from time to time.
b. Delivery to their successors all official material not
later than ten days following the meeting at which new
officers assume their duties.
ARTICLE VIII - EXECUTIVE COMMITTEE
Section 1. The executive committee shall consist of the officers
of the association, the immediate past president, and the chairman
of standing committees or a representative from that committee.
The chairman of the standing committees shall be selected by the
officers of the association not more than thirty days following
the election of officers.
Section 2. The duties of the executive committee shall be:
a. To transact necessary business in the intervals between
association meetings and such other business as may be
referred to_ it by the association.
b. To create standing and special committees.
c. To approve the plans of work of the standing committees.
d. To present a report at the regular meeting of the association.
e. To select and auditor or an auditing committee to audit the
treasurer's accounts.
f. To prepare and submit to the association for adoption a
budget for the year.
g. To approve routing bills within the limits of the budget.
h. A parliamentarian shall be elected by the executive committee
based on the recommendation of the president.
Section 3. Regular meetings of the executive committee shall be held
during the year, the time to be fixed by the committee at its first
meeting of the year. A majority of the executive committee members
shall constitute a quorum. Special meetings of the executive committee
may be called by the president or by a majority of the members of
the committee.
ARTICLE IX - MEETINGS
Section 1. Regular meetings of the association shall be held the
second Tuesday at 7:30 p.m. of each month during the school year with
the exception of November and January, unless otherwise provided by
the association or by the executive committee, ten days' notice having
been given.
Section 2. Special meetings of the association may be called by
the president or by a majority of the executive committee. Ten days'
notice shall be given.
Section 3. The election meeting shall be held in April, installation
~~ ~•~d y .
Section 4. Ten percent (10~) of the members shall constitute a
quorum for the transaction of business in any meeting of this
association.
Section 5. Voting on routine matters may be voice, however, votes
on the bylaws or amendments, adoption of a budget, or the election of
officers shall be by a show of membership cards.
ARTICLE X - STANDING AND SPECIAL COMMITTEES
Section 1. Only members of the association shall be eligible to
serve in any elective or appointive position.
Section 2. The executive committee may create such standing committees
as it may deem necessary to promote the objects and carry on the work
of the association. The term of each chairman shall be one year or
until the selection of his successor.
ti
Section 3. The chairman of each standing committee shall present a
plan of work to the executive committee for approval. No committee
work shall be undertaken without the consent of the executive committee,
Section 4. The power to form special committees and appoint their
members rests with the executive committee.
Section 5. The president shall be a member ex-officio of all com-
mittees, except the nominating committee.
ARTICLE XI - COUNCIL MEMBERSHIP
Section 1.
a. The association shall be represented in meetings of the
Roanoke County Council of Parent-Teacher Associations by
the president or his alternate, the principal, or his
alternate, and by one delegate or his alternate,
b. A delegate shall be appointed in thirty days following
the election of officers.
c. Delegates to the Roanoke County Council of PTA's shall
serve for a term of one year,
Section 2. This association shall pay annual dues of $10.00 to the
Roanoke County Council of PTA's as provided in the council bylaws.
Section 3.
a. Delegates shall report activities of the council to the
local unit and shall present to the council such matters
as may be referred to it by the local unit.
b. Delegates shall vote as instructed on adoption of projects
or on matters of policy, but shall use their own discretion
on other matters except as provided by.council bylaws.
##ARTICLE XII - RELATIONSHIP WITH NATIONAL PTA & THE STATE PTA
Section 1. This association is a constituent organization of the
National PTA. It is organized and chartered under the authority of
the State PTA, which in turn is enabled to do so under the bylaws
of the National PTA.
Section 2. The bylaws of this association are subject to the approval
of the State PTA, and may not conflict with the bylaws of the National
PTA and the bylaws of the State PTA. Any provision of the bylaws of
this association that conflicts with the bylaws of the National PTA
or the bylaws of the State PTA shall by null and void.
Section 3. The association shall keep such permanent books of
account and records as shall be sufficient to establish the items
of gross income, receipts and disbursements of the association,
including, specifically, the number of its members, the dues col-
lected from its members, and the amount of dues remitted to the
State PTA. Such books of account and records shall at all reasonable
times be open to inspection by an authorized representative of the
State PTA or, where directed by the committee on state and national
relationships, by a duly authorized representative of the National PTA.
1
Section 4. The status of this association as a local PTA shall be
subject to termination and its charter as a local PTA shall be sub-
ject to withdrawal, in the manner and under the circumstances pro-
vided in the bylaws of the State PTA.
Section 5. This association is obligated, upon withdrawal of its
charter by the State PTA;
a. to yield up and surrender all its books and records and all
of its assets and property to the State PTA, or to such
agency as may be designated by the State PTA, or to another
local PTA organized under the authority of the State PTA;
b. to cease and desist from the further usage of any name that
implies or connotes association with the National PTA or
the State PTA or status as a constituent organization of
the National PTA; and
c, to carry out promptly, under the supervision and direction
of the State PTA all proceedings necessary or desirable for
the purpose of dissolving this association.
Section 6. This association shall collect from its members and shall.
remit a portion thereof to the State PTA as provided in Article V.
#ARTICLE XIII - DISSOLUTION
Any dissolution of a local unit and termination of its affairs shall
take place in the following manner:
a. The executive committee shall adopt a resolution recommend-
ing that this PTA be dissolved and directing that the
question of such dissolution be submitted to a vote at a
special meeting of members having voting rights. Written
or printed notice stating that the purpose of such meeting
is to consider the advisability of dissolving this PTA
shall be given to each member entitled to vote at such
meeting at least thirty (30) days prior to the date of
such meeting. Such meeting shall be held only on calendar
school days during the academic year of the school involved.
b. Written notice of the adoption of such resolution, accom-
panied by a copy of the notice of the special meeting of
members, shall be given to the president of the Virginia
PTA at least twenty (20) days before the date fixed for
such special meeting of the members. The President of the
Virginia PTA, or his designated representative, shall be
permitted to attend the meeting and speak of he so desires.
c. Only those persons who were members in good standing of
this PTA on the date of the adoption of the resoluation
and who continue to be members in good standing on the
date of the special meeting shall be entitled to vote on
the question of dissolution.
d. Approval of dissolution of this PTA shall require the
affirmative vote of at least two-thirds (2/3) of the mem-
bers present and entitled to vote at the special meeting,
a quorum being present.
e. If dissolution is approved, this PTA shall yield up and
surrender all of its books and records and all of its
assets and property to the State PTA, or to such agency
as may be designated by the State PTA; or to another
local PTA organized under the authority of the State PTA;
and shall cease and desist from the further use of any
name that implies or connotes association with the National
PTA or the State PTA or status as a constituent organiza-
tion of the National PTA.
~r~~~'ARTICLE XIV - PARLIAMENTARY AUTHORITY
Robert's Rules of Order Newly Revised shall govern the association
in all cases in which they are applicable and in which they are
not in conflict with these bylaws and those of the State PTA and
the National PTA.
PARTICLE XV - AMENDMENTS
Section 1. Procedure for amendment of bylaws.
a. These bylaws may be amended at any regular meeting of the
association by a two-thirds (2/3) vote of the members
present and voting, provided that notice of the proposed
amendment shall have been given at the previous meeting
and that they amendment shall be subject to approval of
the State PTA.
b. A committee may be appointed to submit a revised set of
bylaws as a substitute for the existing bylaws only by a
majority vote at a meeting of the association, or by a
two-thirds (2/3) vote of the executive committee. The
requirements for adoption of a revised set of bylaws shall
be the same as in the case of an amendment.
c. Submission of amendments or revised bylaws for approval
by the State PTA shall be in accordance with the bylaws
or regulations of the State PTA.
Section 2. The association shall include in its bylaws, provisions
corresponding to the provisions of the bylaws of the National PTA
that are identified therein by a double star. The adoption by the
National PTA of an amendment to any of the "double starred" pro-
visions of its bylaws shall serve automatically and without the
requirement of further action by the association to amend corre-
spondingly the bylaws of the association. Notwithstanding the
automatic character of the amending process, the association shall
take action promptly to incorporate such amendment in its bylaws.
#ARTICLE XVI - APPROVAL OF BYLAWS
The bylaws of this association shall be submitted to the State Office
for approval, on hehalf of the Board of Managers, by the Virginia PTA
Committee on Bylaws, or its designee, every five years.
ARTICLE XVII - FISCAL YEAR
The fiscal year of this association shall begin July 1 and end
June 30.
ITEM NUMBER ~--"
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
TN ROANOKE, VA., ON TUESDAY,
MEETING DATE: February 24, 1987
SUBJECT: Accounts Paid - January 1987
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Payments to Vendors:
Payroll: 01/09/87 Bi-weekly $329,830.96
01/23/87 Bi-weekly 334,302.55
$664,133.51
$1,660,815.46
664,133.51
$2,324.948.97
A detailed listing of the payments is on file with the Clerk
to the Board of Supervisors.
SUBMITTED BY:
Q,C,G~~ rJ N~4c~
Diane D. Hyatt
Director, Department of
Finance
APPROVED:
~,~~
Elmer C. Hodge
County Administrator
-------------------------------------------------
ACTION VOTE
'AT.. V .-. n T L~ c
Approved ( )
Denied ( )
Received ( )
Referred
To
Motion by:
Brittle
Garrett
Johnson
McGraw
Nickens
ITEM NUMBER ~----
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATIONNOKE
CENTER
MEETING DATE: February 24, 1987
SU~C?': Status Report of Starkey Park Wells
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
A well has been drilled on the Starkey Park
well is 12 inch in diameter. The total depth of therwellti~s The
feet.
450
A 48 hour drawdown test was
pumping rate of 400 gpm. The drawdowpeatothis ~atehwaseonlat a
feet indicating that higher
water at the beginning of they drawdown testl was •mudd Y 57
The discharge
not unusual. At the end of the test the water had im roved
was still "Dingy', Y which is
P but
drawdown tof therwellwstabilized atrformed with a lar er
was muddy during the entire test, a yield of g00 g pump• The
gpm. The water
The staff believes that the water from the well should
able to be brought to within State standards by continued
However the rate of be
acceptable water pumping maY have to be reduced to bta ~n
different rates isubeiny~ The cost of pumping the well at
effective pum in g solicited to determine the most cost
P g rate to attempt to clear the well,
Drilling is scheduled to begin on a second well on th
Starkey Park pro ert
consultant P Y by February 20 1987. e
Geotechnics, has recommended drillingTthe second well
due to favorable geological conditions.
SUBMITTED BY;
~,~~'
Philli T. Henr
Director of En
neering
APPROVED:
~~
Elmer C. Hodge
County Administrator
L-
COUNTY OF ROANOKE, VIRGINIA
RESERVE FOR BOARD CONTINGENCY
Original Budget 7-1-86 $129,000
November 26, 1986 Health Insurance Coverage
for Retired County Employees (6,300)
December 16, 1986 Planning Commission Travel (2,046)
December 16, 1986 Board of Equalization (4,000)
January 13, 1987 Board of Supervisors and
Management Staff Planning/
Goal Setting Work Session (6,500)
January 13, 1987 Volunteers Training Seminar (2,500)
February 10, 1987 Roanoke Valley Constitution's
Bicentennial Commission (500)
Balance of Board Contingency at February 10, 1987 107 154
Submitted by,
~J C.Cri+'Zt~ ~C.1. a~I~,~.~
Diane D. Hyatt
Director of Finance
ITEM NUMBER ~ -
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
IN ROANOKE, VA., ON TUESDAY,
MEETING DATE: February 24, 1987
SUB_ Conveying deed of easement across
Stonebridge Park Property
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Appalachian Power Company has requested an easement from the
County for the purpose of transmitting electric power. This ease-
ment would grant APCo the authority to construct, erect, install,
operate, and maintain line or lines, including electric service
lines and extensions therefrom across property owned by the
County. It is necessary for the County to authorize this convey-
ance by ordinance. The first reading is scheduled for
February 24, 1987; the second reading is scheduled for March 10,
1987.
FISCAL IMPACT:
$1.00 consideration from APCo
RECOMMENDATION:
It is recommended that the County Administrator be autho-
rized to execute such documents and take such actions as may be
necessary to accomplish this transaction, upon the approval as to
form by the County Attorney.
Respectfully submitted,
Paul M. Mahoney
County Attorney
~'
-----------------------
Approved ( ) Motion by: ACTION
Denied ( )
Received ( )
Referred
To
VOTE
No Yes Abs
Brittle
Garrett
Johnson
McGraw
Nickens
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, ON TUESDAY, FEBRUARY 24, 1987
ORDINANCE ACCEPTING AN OFFER FOR AND ~ `
AUTHORIZING THE CONVEYANCE OF AN
EASEMENT TO APPALACHIAN POWER COMPANY
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of X18.04 of the
Charter of Roanoke County, a first reading on the disposition of
the hereinafter-described easement was held on February 24, 1987.
A second reading on this matter was held on March 10, 1987. This
easement is located on the northeasterly side of Tulip Lane, near
Virginia Route 24, across Stonebridge Park property; and
2. That the conveyance of the easement from the
Roanoke County Board of Supervisors to Appalachian Power Company
is accomplished by deed dated January 19, 1987, and is hereby
authorized and approved; and
3. That the County Administrator is authorized to exe-
cute such documents and take such actions on behalf of Roanoke
County as are necessary to accomplish the conveyance of said ease-
ment, all of which shall be upon form approved by the County
Attorney.
ITEM NUMBER ~ -
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
IN ROANOKE, VA., ON TUESDAY,
MEETING DATE: February 24, 1987
SUBJECT: Acquisition of Easements
Starkey Force Main and Gravity Sewer Project
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
In order to successfully complete the Starkey Force Main and
Gravity Sewer Project it is necessary to authorize the acquisi-
tion of easements across the real estate of approximately sixteen
property owners. Section 18.04 of the County Charter requires
that the acquisition of real estate or any interest therein be
accomplished only by ordinance.
The proposed ordinance authorizes the County Administrator
to execute such documents and take such actions as may be neces-
sary to accomplish these transactions. The first reading of the
proposed ordinance was held on February 10, 1987; the second read-
ing is scheduled for February 24, 1987.
FISCAL IMPACT:
The costs for this project shall be paid from the 1974 sewer
bond proceeds.
RECOMMENDATION:
It is recommended that the Board favorably consider this
proposal by the adoption of the attached ordinance.
Respectfully submitted,
,__
,~
_y` ,
Paul M. Mahoney
County Attorney
-------------------------
ACTION
Approved ( } Motion by: VOTE
Denied ( ) No Yes Abs
Received ( )
Referred
To
Brittle
Garrett
Johnson
McGraw
Nickens
.~ _ Q -/
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, ON TUESDAY, FEBRUARY 24, 1987
o-zu~8~-7
ORDINANCE AUTHORIZING THE ACQUISITION
OF EASEMENTS, STARKEY FORCE MAIN AND
GRAVITY SEWER PROJECT
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of §18.04 of the
Charter of Roanoke County, a first reading concerning the acquisi-
tion of twenty-seven (27) easements for the Starkey Force Main
and Gravity Sewer Project was held on February 10, 1987. A
second reading on this matter was held on February 24, 1987.
2. That these easements are for force main and gravity
sewer lines in the Starkey area of the County. This project will
provide necessary utility service to the citizens of Roanoke
County.
3. That the County Administrator is authorized to exe-
cute such documents and take such actions on behalf of Roanoke
County as are necessary to accomplish the conveyance of said pro-
perty, all of which shall be upon form approved by the County
Attorney.
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ITEM NUMBER O ~' 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
IN ROANOKE, VA., ON TUESDAY,
MEETING DATE:
February 24, 1987
SUBJECT: Acquisition of Easements
East 460 Water Line Project
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
In order to successfully complete the East 460 Water Line
Project it is necessary to authorize the acquisition of easements
across the real estate of approximately nine property owners.
Section 18.04 of the County Charter requires that the acquisition
of real estate or any interest therein be accomplished only by
ordinance.
The proposed ordinance authorizes the County Administrator
to execute such documents and take such actions as may be neces-
sary to accomplish these transactions. The first reading of the
proposed ordinance was held on February 10, 1987; the second
reading is scheduled for February 24, 1987.
FISCAL IMPACT:
The costs for this project shall be paid from the 1985 bond
proceeds.
RECOMMENDATION:
It is recommended that the Board favorably consider this
proposal by the adoption of the attached ordinance.
Respectfully submitted,
--------------------------------
ACTION
Approved ( )
Denied ( )
Received ( )
Referred
To
Motion by:
,,
.°~ ~ '~
~ , , ~
Paul M. Mahoney ~~
County Attorney
---------------------------------
VOTE
No Yes Abs
Brittle
Garrett
Johnson
McGraw
Nickens
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE ~ _ 2
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, ON TUESDAY, FEBRUARY 24, 1987
~-2Zh<~rrl-
ORDINANCE AUTHORIZING THE ACQUISITION
OF EASEMENTS, EAST 460 WATER LINE
PROJECT
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of §18.04 of the
Charter of Roanoke County, a first reading concerning the acquisi-
tion of ten easements for the East 460 Water Line Project was
held on February 10, 1987. A second reading on this matter was
held on February 24, 1987.
2. That these easements are for underground water
lines for the East 460 Project. This project will provide neces-
sary utility service to the citizens of Roanoke County.
3. That the County Administrator is authorized to exe-
cute such documents and take such actions on behalf of Roanoke
County as are necessary to accomplish the conveyance of said pro-
perty, all of which shall be upon form approved by the County
Attorney.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, ON TUESDAY, FEBRUARY 24, 1987
ORDINANCE 22487-8 AUTHORIZING THE
ACQUISITION OF EASEMENTS, EAST 460
WATER LINE PROJECT
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of §18.04 of the
Charter of Roanoke County, a first reading concerning the acquisi-
tion of ten easements for the East 460 Water Line Project was
held on February 10, 1987. A second reading on this matter was
held on February 24, 1987.
2. That these easements are for underground water
lines for the East 460 Project. This project will provide neces-
sary utility service to the citizens of Roanoke County.
3. That the County Administrator is authorized to exe-
cute such documents and take such actions on behalf of Roanoke
County as are necessary to accomplish the conveyance of said pro-
perty, all of which shall be upon form approved by the County
Attorney.
On motion of Supervisor McGraw, seconded by Supervisor Brittle,
and upon the following recorded vote:
AYES: Supervisors Brittle, Garrett, McGraw, Johnson
NAYS: None
ABSENT: Supervisor Nickens
Mary H. Allen, Deputy Clerk
2/15/87
CC: File
Engineering
Public Facilities
County Attorney
Commonwealth's Attorney
Magistrate
Roanoke Law Library
Sheriff's Department
Main Library
f ~
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SFgQU1CEN7ENN~P~'
A Beauri~ulBeginning
COUNTY ADMINISTRATOR
ELMER C. HODGE
February 26, 1987
Mr. Rudy Cox
2502 Broadway Avenue
Roanoke, Virginia 24014
Dear Mr. Cox:
RE: Petition of JELCO CONSTRUCTION COMPANY to
amend the existing conditions on the rear
portion of the property located north and
east of Mick or Mack on Route 221.
~~~-~
BOARD OF SUPERVISORS
BOB JOHNSON. CHAIRMAN
HOLLINS MAGISTERIAL DISTRICT
LEE GARRETT. VICE-CHAIRMAN
WINDSOR HILLS MAGISTERIAL DISTRICT
ALAN H. BRITTLE
CAVE SPRING MAGISTERIAL DISTRICT
STEVEN A. MCGRAW
CATAWBA MAGISTERIAL DISTRICT
HARRY C. NICKENS
VINTON MAGISTERIAL DISTRICT
Pursuant to our telephone conversation on February 24, 1987,
Chairman Bob Johnson announced at the February 24th Board of
Supervisors' meeting that you had withdrawn the above petition.
In order to make this action official, the County Attorney
has requested that you send a letter to the Board of Supervisors
requesting that the petition be withdrawn.
If I can be of further assistance, please contact me.
Sincerely,
~~. ~.~~
Mary H. Allen
Deputy Clerk
mha
P.O. BOX 29800 ROANOKE. VIRGINIA 2 4018-07 9 8 (703) 772-2004
~8~-~
4
.~
Mr. Johnson:
2 8 7 - 3 - ~°~ ~- ~ `v' ~ ~~~
RE: PUBLIC HEARING nested that his
m, today. He has req the rear
4:25 P• conditions on resent
Rudy Cox called a to amend the existing
petition (GELCO) be withdrawn. He will not be P
letter from him stating his
portion of his property
I have requested a
this evening. his petition.
desire to withdraw
Mary Allen
2/24/87
~„'
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MEMORAND UM `./
~: Roanoke County Board of Supervisors
QOM: Rob Stalzer, Director of Planning~~
DATE: February 20, 1987
SUBJECT: Request of Jelco Construction C
conditions on the rear ~nY~ Inc. to amend the
construct mini-warehousesrtlocatedaeast ofcBra bletonto
Avenue, approximately 0.4 miles north of its intersection
with Colonial Avenue in the Cave Spring Magisterial
District.
Due to the confusing nature of Jelco's request, I have prepared a
chronology of events to help clarify the request.
October, 1984
Entire 1.63 acres was rezoned from B-1 to M-1 with proffered condi-
tions. Conditions include:
1. Permitted uses limited to a car care center and mini-warehouses.
2. Maintain a 30' buffer area along the north property boundary which
adjoins the R-1 District.
3. Preserve and maintain existing, natural growth and topography
within the 30' buffer area.
4. To the furthest practical extent, conserve significant natural
contours of the land.
5. Along the rear property boundary, plant and maintain one row of
white pine trees--planted not more than 20' in center and having a
minimum height of 5' at planting.
6. The building containing the car care center will be constructed
of textured brick with a cedar mansard roof. The lounge area will
have tinted glass with a more decorative stone. The structure
will be 14' in height. The doors will be 8' x 10' on the car
wash and oil and lobe areas, and 8' x 8' elsewhere.
7• The mini-warehouses facility will be constructed of masonry. The
mini-warehouse units will be 10' x 20' with 8' x 8' doors.
8. The construction will be in accordance with the site plan for
proposed car wash and mini-warehouses for C. M. Davis. The site
plan will include one point of access onto Brambleton Avenue
(Route 221). The car care building will contain 3,900 square feet.
The mini-warehouse building will contain 35 units of 200 square
feet each in a building 350' long by 20' deep.
t
October 1986
The Planning commission held a public heari
front portion of 1.63 acre tract from M-1 to g 2 t~constructeanne
office and to amend the conditions on the rear
mini-warehouses. Conditions proffered and reviewedlbn to construct
Commission are: y the Planning
p'• B-2, Business District
1. A single entrance from Route 221•
2• Berming and planting of the parking area.
B. M-1 District
1. Maintain a 30' buffer area along the north property boundary which
adjoins the R-1 district.
2. Preserve and maintain existing, natural growth and topography
within the 30' buffer area.
3• To the furthest practical extent, conserve significant natural
contours of the land.
4• X17-ong the rear property boundary, plant and maintain one row of
white pine trees--planted not more than 20' on center and having a
minimum height of 5' at planting.
5. The mini-warehouse facility will be constructed of brick or
textured masonry.
November 17, 1986, amended proffered conditions (amended from those
reviewed by Planning Commission on October 7, 1986) submitted by
Jelco. Conditions submitted include:
A. B-1 District
1. Single entrance from Route 221.
2. Earthen berms and decorative plantings shall screen parking lot
AaVement in the area to be rezoned to B-2.
B• M-1 District
1. Maintain a 30' buffer area along the north property boundary which
adjoins the R-1 District.
2. Preserve and maintain existing, natural growth and topography
within 30' buffer area.
3. To the furthest practical extent, conserve significant natural
contours of the land.
4• A]-ong the rear property bounds
white pine trees--planted not morepthan Oa onlcenter and h vin a
minimum height of 5' at planting. 9
._ ~
~.. ~ ~,
5. Decrease the permitted length (frontage) of the mini-warehouse
building frcan 350 L.F. to 30 L.F, while increasing its depth from
20 L.F. to 30 L.F, allowing an increase in leaseable s
7,000 S.F, to 9,600 S.F, while at the same time decreasing v sual
impact.
6. The mini-warehouse facility will be of masonry construction with
brick or textured masonry on exposed (not screened) sides allowing
for some latitude in architectural design. The roof will slope to
the west (forward toward Mick-or-Mack).
7. Instead of uniform 10' x 20' stalls/bays with garage doors, which
have almost strictly a commercial appeal, we desire to offer a
wide range of rental unit sizes to meet the demands of the public.
Fewer vehicular and a few pedestrian doors also serve to break up
the monotony of what would now be 35 garage doors.
November 25, 1986, Board of Supervisors'
request. Planning staff was directed to meet with engineeringJstaff
to discuss slope cut and fill requirements of request.
Deceitiber 10, 1986, memorandum to Board of Supervisors from planning
staff regarding slope cut and fill r
random states that if engineeri ~Nlre~nents. In general, memo-
necessary soils testing and proms principles are adhered to, i.e.
develo Per retaining wall construction,
~xnent will not be detrimental.
December 16, 1986, Board of Supervisors'
request. Request to rezone front Public hearing on subject
proffered conditions a Portion from M-1 to B-2 with
PProved. Request to amend conditions on rear
portion continued.
February 24, 1987, Board of Supervisors'
amend conditions on rear Public hearing on request to
portion of 1.63 acre tract.
p, p p E A R A N C E R E Q U E S T
PUBLIC HEARING ON
r
I would like the Chairman of the Board of Supervisors to
recognize me during the public hearing on the above matter so
that I may comment. I understand that the Chairman may set a
limit on the length of time I may speak.
P L E A S E W R I T E L E G I B L Y
_/ / ,. . _ ./_r
NAME:
ADDRESS:
PHONE:
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77
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PLEASE NOTE: After filling out, give to the County
Administrator. Thank you.)
a-
Page 2 of 2
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission
a portion of
recommends to the Board of County Supervisors that/the above-
referenced parcel of land Be rezoned from IwI-1 District to B-2
District. The above action was adopted on
motion of J.R. Jones ~ x~~X~~~XX~'~
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx~, and upon the following recorded vote:
AYES: Eddy, Jones, Flippen, !~litt, !Jinstead
NAYS : iJone
ABSENT: "done
Respectfully submitted,
~~ ~'~`
Rib StalzPr
Secretary
Roanoke County Planning Commission
~• ~ ~~~ .~
VIRGINIA:
BEFORE THE BOARD OF COUNTY SUPERVISORS OF ROANOKE COUNTY
A 1.542 acre parcel of land, )
generally located 2113 Washington ) _
Ave. (Rt. 24~) ~ ) PR_
OF
within the ) CONDITIONS
Magisterial District, and )
New 61.15-2-7
recorded as parcel #Old 37 22 A )
in the Roanoke County Tax Records. )
TO THE HONORABLE SUPERVISORS OF ROANOKE COUNTY:
`V Being in accord with Sec. 15.1-991.1 et seq. of the Code of
~ Virginia and Sec. 21-105E. of the Roanoke County Zoning
w
~-
o ~ Ordinance, the Petitioner Charles A. McCarty 8 Carolyn H. r~lcCarty
° ~? hereby voluntarily proffers to the, Board of Supervisors of
vi N •
Roanoke County, Virginia the following conditions to the rezoning
o ~
o (~ of the above-referenced parcel of land:
Q I- 1) The property to be rezoned 8-2 will only be used for those
uses permitted under B-2 designated as uses 1 through 4.
2) The driveways will be treated and paved in the future.
The following .Proffer of Conditions are added following
the Planning Commission meeting on February 3, 1987.
3 ) One of the entrances toomh Ro te]e24 a d e saidw ent rancellwila
with the cross-over f
not be obstructed by parking spaces.
4) The top of the McCarty's Hardware sign will be level witi-
~~o tin of the building with land elevation taken into
'Resectfully submitt~e~:~%February 5, 1987
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a
.Y+
PETITION
~~
To the attention of the Roanoke County Board. of Supervisors
We the undersigned citizens of Roanoke County are aware of
Springwood Associates' plans to build. an additional 40° x 70'
retail building on the 0.606 acre parcel of land, adjacent to
3513 Brambleton Avenue, S. W., in the Windsor Hills Magisterial
District and do hereby lend. our favorable support to their -
request to amend the zoning.
NAME
ADDRESS
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PETITION
To the attention of the Roanoke County Board of Supervisors
We the undersigned citizens of Roanoke County are aware of
Springwood Associates' plans to build. an additional 40° x 70'
retail building on the 0.606 acre parcel of land. adjacent to
3513 Brambleton Avenue, S. W., in the Windsor Ho~1~ Mtheirerial
District and. do hereby lend our favorable supp
request to amend the zoning.
NAME ADDRESS
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L E G A L N O T I C E
Notice is hereby given to all interested persons that the
Roanoke County Board of Supervisors will hold a public hearing at 7:00
P•m. on Tuesday, February 24, 1987, in .the Community Room at the Roanoke
County Administration Center, 3738 Brambleton Avenue, S.W., Roanoke,
Virginia, on the petition of Charles A. McCarty and Carolyn H. McCarty,
requesting rezoning from M-1 to B-2 of a tract containing 1.542 acres
and located at 2113 Washington Avenue (Route 24) in the Vinton
Magisterial District.
Rezoning has been requested to operate McCarty's Hardware Store
in the existing building. The County Planning Commission recommends a
portion of the above mentioned parcel of land be rezoned from M-1 to
B-2.
A copy of the Zoning Ordinance of Roanoke County and amendments
thereto as well as a copy of the petition, site plan, and other
documents related to this request may be examined in the office of the
Department of Development, located in Room 600 at the Roanoke County
Administration Center.
Roanoke County will provide assistance to handicapped persons
desiring to attend public hearings. Such individuals are requested to
contact the County office of Personnel Services ([703] 772-2018) if
special provisions are necessary for attendance.
Given under my hand this Fifth day of February 1987.
~'~~
Mary H. llen Acting Deputy Clerk
Roanoke County Board of Supervisors
Please publish in the evening edition
of the Roanoke Times and World News on:
February 10, 1987
February 17, 1987
Direct the bill for Publication to:
Key & Tatel Attorneys
P. O. Box 1625
Roanoke, Virginia 24008
THOMAS N. KEY
BARRY M.TATEL
LEON P. FERRANCE
NEIL E. McNALLV
~°, .~ I
~. ~~
p _ t ~ 4
LAW OFFICES
FIRST S
p. O. BOX 1625
ROANOKE. VIRGINIA 24008
(703)982-0007
Febraury 25, 1987
Ms. Mary H. Allen
Acting Deputy Clerk
Roanoke County Board of Supervisors
3738 Brambleton Avenue, S•W•
Roanoke, Virginia 24015
VINTON OFFICE
„9 W. LEE AVENUE
(703) 962-7095
FILE NO.
RE: Rezoning Application of Charles A.
McCarty and Carolyn H. McCarty
Dear Ms. Allen:
Enclosed is the Affidavit of Publication for the he1987g
held before the Board of Supervisors on February 24,
I_f I may provide any information please do not hesitate to
contact me.
Your assistance in this matter is greatly appreciated.
Very truly yours,
KEY AND TATEL y~,
~~ ~~~
/'
Neil E. McNally
NEM:cjt
Enclosure
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P C B~~X 125
R~~AI'VCKE VA 2'+t)()g
STATE Gf ViFGI?~'IA
i T Y C~ F R t; A P~ r:; K F
AI-FIUKVIT C'F PU3LICATiG~'V
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te
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VIFGIR'IA, r)r~ Ci=RTIFY THAT T }.~ E S T 4 T E r~ ~
THE
, rested persons that the
RoanokeCountyBoardofSu-
pervis
V O T I ~- E Yt A S j.) ~~ ~
~ E I SHE O I'" S
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4 I ~ ors will hold a public
hearing at 7:00 p. m. on Tues•
d
~) I
H~ FCJ LL G~ j ?`J G ~ ,~ TES .
~E WS PAPERS ay, February 24, )987, in the
Community Ro
om at the
Roanoke County Administra-
tion Center
3738 B
{,~ ~ ICj ~
~~ Ise EV ~~') I iJ G ,
rambleton
Avenue, S.W., Roanoke, Vir-
ginia
o
~,S 2 V I, ~ ~ i? i7 `'V E ^~ I ~ v ,
n }he petition of
Charles A. McCarty and Caro-
lyn H. McCarty, requesting re-
zoning from M-1 }o B-2 of a
I T N E S S
t THIS 18 T i i D,~ Y p F
F E 1~ rJ qR Y tract containing 1.542 acres
and located at 2113 Washing-
ton A
I~ 8 7 venue (Route 24) in the
Vinton Magisterial Di
_ _
~ strict.
Rezoning has been requested }o
~
r
- - - ~1'~.~i~~~
7, operate McCarty's Hardware
Store in the existing b
il
e) F f' I C EK '
- -- ----
- u
ding..
The County Planning Com-
mission rocommond
S $ j
A T ~ I3 E s a po[-
tlen of tha .bow mall
lianw
~
Mrcal of land ba raip~ad°
from M-1 to 0-2.
A CaOY of }IN Zoning Ordlnanp
or Koanoka County and
amandmenfs tharato as well
as a copy of tha patitloly site
plan, and other documents re-
lated to this request may be
examined in the office of the
Department of Development,
located in Room 600 at the
Roanoke County Administra-
tion Center.
Roanoke County will provide as-
sistance to handicapped per-
sons desiring to attend public
hearings. Such individuals are
requested tocontadtheCoun- ~'
tY office of Personnel Services j
(703) 772-2018 if special provi-
sions are necessary for atten-
dance.
Given under my hand this Ftf}h
day of February, 1987.
Mary H. gllen
Acting Deputy Clerk
Roanoke County Board of i
(4410) Pervtsors
28 ~'-- '7
PETITIONER: VA BAPTIST CHILDREN'S HOMEE
CASE NUMBER: 7-2/87
Planning Commission Hearing Date: 2/3/87
Board of Supervisors Hearing Date: 2/24/87
1. REQUEST
Petition of VA Baptist Children's Home to permanently vacate, discontinue and
close a fifty foot (50 foot) right-of-way known es3 8tof B&O Land oCompanyWest
of State Route 705 and shown in plat book 1, pag
2. CITIZEN PARTICIPATION
No one in opposition was present at the Planning Commission Public Hearing.
3. SIGNIFICANT IMPACT FAC`T'ORS
a. None.
4. PROFFERED CONDITIONS
a. None.
5, COMMISSIONER'S MOTION, VOTE AND REASON
Don Witt moved to approve the petition.
roll call vote:
The motion carried with the following
AYES: Jones, Flippen, Witt, Winstead
NpyS ; None
ABSENT: None
ABSTAIN: Eddy
(. DISSENTING PERSPECTIVE
a. None.
7. ATT/ACHMENTS
Concept Plan (82" x 11")
Vicinity Map (82" x 11")
Staf f Report
Other:
Robert St lzer, Planning Commission Secretary
CASE N0. 7-2-87
STAFF REPORT FOR VACATION OF RIGHT-OF-WAY
DATE: January 28, 1987
PETITIONER: Va. Baptist Children's Home
PREPARED BY: Arnold Covey
Petition of Virginia Baptist Children's Home to permanently
vacate, discontinue and close a fifty foot (50 foot) right-of-way
known as 8th Street located west side of State Route 705 and
shown in Plat Book 1, Page 37 of B & O Land Company.
BACKGROUND INFORMATION:
In 1893, B & 0 Land Company put to record a subdivision
containing several lots and street right-of-ways.
Since that date, large portions of the B & 0 Land Company
record map has been vacated and redeveloped.
The creation of 8th Street was for the purpose of providing
access to the adjoining properties.
Over the years the adjacent properties have established
other accesses therefore requiring no development of the 50 foot
right-of-way known on 8th Street.
The petitioner wants to vacate the right-of-way because they
are the owners of a small lot on each side of the right-of-way.
These lots are only fifty feet wide and/or of little use.
STAFF ANALYSIS:
The County staff has no problem with the vacation if the
adjacent properties to the west of 8th Street have a guaranteed
easement of access.
~..
BEFORE THE BOARD OF COUNTY SUPERVISORS OF ROANOKE COUNTY,
IN RE:
VACATE A 50 FOOT RIGHT-OF-WAY ) RECOMMENDATION
KNOWN AS 8TH STREET LOCATED ON )
THE WEST SIDE OF STATE RT. 705 )
AND SHOWN ON THE PLAT OF )
B&O LAND COMPANY )
TO THE HONORABLE SUPERVISORS OF ROANOKE COUNTY:
WHEREAS, your petitioner, Virginia Baptist Children's Home
did petition the Board of Supervisors of Roanoke County,
Virginia, requesting that a 50 foot right-of-way known as 8th
Street located on the west side of State Route 705 as shown on
the plat of B&O Land Company recorded in plat book 1, page 37
and identified on Roanoke County Tax Map No. 35.04, be
permanently closed and vacated; and
WHEREAS, the petition was referred to the Planning
Commission which, after due legal notice as required by
Section 453, Title 15.1, Chapter 11, Code of Virginia, 1950
(as amended) did hold a public hearing on February 3, 1987;
and
WHEREAS, at that public hearing all parties in interest
were afforded an opportunity to be heard;
NOW, THEREFORE BE IT RESOLVED that the Planning Commission
recommends to the Board of County Supervisors that the
petition to permanently close and vacate the 50 foot right-of-
way as shown on the plat prepared by W.H. Slaymaker, Civil
Mining & Topographical Engineer, be approved.
The above action was adopted on motion of Donald Witt, and
upon the following recorded vote:
AYES: Eddy, Jones, Flippen, Witt, Winstead
NAYS: None
ABSENT: None
~ ~1 ~;.~.
Roanoke unty Planning Commission
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21
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ROANOKE COUNTY, VIRGINIA '
BEFORE THE BOARD OF COUNTY SUPERVISORS OF ROANOKE COU
IN RE: NTY
VACATE A 50 FOOT RIGHT-OF-WAY ) '
KNOWN AS 8TH STREET LOCATED ON ) FINAL ORDER '
THE WEST SIDE OF STATE RT. 705
AND SHOWN ON THE PLAT OF )
B&O LAND COMPANY ) '
)
TO THE HONORABLE SUPERVISORS OF ROANOKE COUNTY:
WHEREAS, your petitioner, Virginia Baptist Children'
i
Home, did petition the Board of County Supervisors si
and vacate a portion of the 50 to abandon!
' foot right-of-way located on;
the west side of State Route 765; and
~ WHEREAS, after due legal notice
\ Su ervisors did hold a the Board of County'
P
N February 24, 1987 Public hearing on the
"' '! petition on'
, at which time, all parties in interest were;
given an opportunity to be heard; and
NOW, THEREFORE BE IT ORDERED that the 50 foot
way, hereinabove described and as shown on plat book ght-of-
37 and shown between lot 1 page!
block 8 and lot 6, block 7, be
g permanently vacated and abando
I - ned .
BE IT FURTHER ORDERED that a copy of this order be
z transmitted to the Department of Development and t
z '~ order be recorded b hat this;
y petitioner along with the attached plat
o among the land records of Roanoke County. ;
H
p ADOPTED on motion of Supervisor Johnson and u on '
following recorded vote: P the'
~ AYES:
Q
Supervisors Brittle, Garrett, Johnson, McGraw
~ NAYS: None
w ABSENT: Supervisor Nickens
a
,'
Mary Allen, Deputy Clerk
cc: File Roanoke County Board of Supervisors
Arnold Covey
Real Estate Assessor
Department of Development
a8'' _ ~
L E G A L N O T I C E
Notice is hereby given to all interested persons that the
Roanoke County Board of Supervisors will hold a public hearing at 7:00
p.m. on Tuesday, February 24, 1987, in the Community Room at the Roanoke
County Administration Center, 3738 Brambleton Avenue, S.W., Roanoke,
Virginia, on the petition of the Virginia Baptist Children's Home,
requesting vacation of a 50 foot right of way known as 8th Street
located on the west side of State Route 705 as shown on the plat of B&0
Land Company recorded in plat book 1, page 37 and identified on Roanoke
County Tax Map No. 35.04.
A copy of the Zoning Ordinance of Roanoke County and amendments
thereto as well as a copy of the petition, site plan, and other
documents related to this request may be examined in the office of the
Department of Development, located in Room 600 at the Roanoke County
Administration Center.
Roanoke County will provide assistance to handicapped persons
desiring to attend public hearings. Such individuals are requested to
contact the County office of Personnel Services ([703] 772-2018) if
special provisions are necessary for attendance.
Given under my hand this Fifth day of February, 1987.
.~y
Mary H. Allen, Acting Deputy Clerk
Roanoke County Board of Supervisors
Please publish in the evening edition
of the Roanoke Times and World News on:
February 10, 1987
February 17, 1987
Direct the bill for Publication to:
Virginia Baptist Children's Home
P. O. Box 849
Salem, Virginia 24153
zg7 s
..
SECRETARY TO TIC ROANOKE COUNTY PLANNING CpN1NIISSION
PETITIONER: q~1~87
CASE NpMBER:
Planning Commission Hearing Date: February 3, 1987
Board of Supervisors Hearing Date: February 24, 1987
1. REQUEST
' n of the Secretary to the Roanoke Count Plan Roanoke County La ad Use
Petitio
419 Frontage Development Plan as an amen men
Plan.
2. CITIZEN PARTICIPATION resent who voiced
There were 50 citizens in attendance at the hearing..
were two present who voiced their opposition and two p
There
their approval at the Planning Commission Public Hearing.
3 , SIGNIFICANT IMPACT FAC'T'ORS
a. None.
4. PRpFFEREll CONDITIONS
a. None.
5, COMMISSIONER'S NKYTION, VC7I'E AND RF~~
moved to approve the petition. 'T'he motion carried with the following
Lee Eddy
roll call vote:
AYES• Eddy, Jones, Flippen, Witt, Winstead
~yS; None
ABSENT; None
(, DISSECTING PERSPECTIVE
a. None.
7. ATTACE]MENTS
Concept Plan (8i~~ x 11" )
~~
Vicinity Map (82" x 11
Staff Report
X Other: Executive Summary
f ~ , ~ ~ a ~
Robert Stalzer pl&nniiif~U,mmission Secretary
\~
~~ E. fie, Alternate Secretary
~~~
~CUTIVE SCTMMAF~
419 F~i'AGE DEVFdIJP~ PLAN
ment Plan provides guidelines to manage development along
The 419 Frontage Develop
the 419 corridor as listed below:
1, "Land Use Guidelines to guide future land use and rezoning decisions.
wide the design of signs, site layout,
2, "Urban Design Guidelines" to g ro ects.
screening and buffering, and beautification P J ols and traffic impact
3, "Transportation Guidelines" to guide access contr
measures. trees,
"Environmental Quality Guidelines" to guide the protection of slope,
4.
floodplains, and streams.
achieve the guidelines, the plan recommends a series of steps, as follows:
To
1, Revised conditional rezoning procedures.
2. New zoning performance standards.
w drainage standards and participation in regional stormwater management
3. Ne
programs.
ulations.
4. Zoning tickets to enforce sign reg g g h the
5. Creation of a landscaped entryway at Tan lewood with fundin throug
ect.
Sesquicentennial 419 Beautification Prof nition of
6. The establishment of an Appearance Improvement Committee and reoog
e outstanding private initiatives through a beautification awards
th
program.
of 419 transportation issues, including site impact
~, The continuing studio sals.
studies of rezoning p I~
resents: a set of goals, an analysis of corridorwid~conadi e dices
The plan also p or issues. Pp
ticipation, and a statement of mmlewood ~'~ Sign Enforcement
record of community Par and the "Tang
include the "75/25 Balance Plan" strategy
Study."
..
c~8~j-g
VIRGINIA:
BEFORE THE BOARD OF SUPERVISORS OF ROANOKE COUNTY
IN RE:
AMENDMENT 'I'0 THE ROANOKE COUNTY )
LAND USE PLAN TO ADD THE 419 ) PETITION
FRONTAGE DEVEIAPMENT PLAN )
'I'O THE HONORAB7~ SUPERVISORS OF ROANOKE COUNTY
WHEREAS, your Petitioner the Secretary to the Roanoke County
Planning Commission respectfully files this petition pursuant to
Section 21-105 of the Roanoke County Zoning Ordinance and in
accordance with the Code of Virginia of 1950, as amended.
WHEREFORE, your Petitioner respectfully requests that the Roanoke
County Land Use Plan be amended to add the 419 Frontage Development
Plan.
FURTHER, your Petitioner requests that this petition be referred
to the Roanoke County Planning Commission for its consideration and
recommendation.
Respectfully submitted,
`C
am E. Lehe, Alternate Secretary
Roanoke County Planning Commission
;~.
BEFORE THE BOARD OF COUNTY SUPERVISORS OF ROANOKE COUNTY,
IN RE: )
AMENDMENT TO ROANOKE COIJNTY ) RECOMMENDATION
LAND USE PLAN )
419 FRONTAGE DEVELOPMENT PLAN )
TO THE HONORABLE SUPERVISORS OF ROANOKE COUNTY:
WHEREAS, your petitioner, the Secretary to the Roanoke
County Planning Commission has filed with the Secretary to the
Planning Commission a petition to adopt the 419 Fronta e
Development Plan as an amendment to the F,oanoke County Land
Use Plan.
WHEREAS, the petition was referred to the Planning
Commission which, after due legal notice as required by
Section 453, Title 15.1, Chapter 11, Code of Virginia, 1950
(as amended) did hold a public hearing on February 3, 1987;
and
WHEREAS, at that public hearing all parties in interest
were afforded an opportunity to be heard;
NOW, THEREFORE BE IT RESOLVED that the Planning Commission
recommends to the Board of County Supervisors that the 419
Frontage Development Plan be adopted as an amendment to the
Roanoke County Land Use Plan.
The above action was adopted on motion of Lee B. .Eddy and
upon the following recorded vote:
AYES: Eddy, Jones, Flippen, Witt, Winstead
NAYS: None
ABSENT: None
---=1°`r
xoanoke Co my Planning Commission
a8 7_8
LEGAL NOTICE OF A REGULAR MEETING OF Tf~ ROANOKE QOiJNTY BOARD OF SUPERVISORS
Notice is hereby given to all interested persons that the Roanoke County Board of
Supervisors will hold a public hearing at 7:00 P. M, on Tuesday, February 24, 1987,
in the Roanoke County Administration Center, 3738 Brambleton Avenue, SW, in Roanoke,
Virginia to hear thE~ following requests:
1. Petition of the Secretary to the Roanoke County Planning Commission to add the
419 Frontage Development Plan as an amendment to the Roanoke County Land Use
Plan. The County Planning Commission recommends approval of the petition.
All plans and ordinances are available for inspection in the Department of
Development, Room 600, 3738 Brambleton Avenue, Roanoke, Virginia. Roanoke County
will provide assistance to handicapped persons desiring to attend public hearings.
Such individuals are requested to contact the County office of Personnel Services
703/772-2018 if special provisions are needed for attendance.
Given under my hand this 6th day of February, 1987.
Please publish evening edition
Roanoke Times & World-News
February 10, 1987
February 17, 1987
`n--~«~ ~
Mary Allen, Acting Deputy Clerk
Roanoke County Board of Supervisors
Please bill: County of Roanoke
Department of Planning & Zoning
P.O. Box 29800
Roanoke, VA 24018-0798
~~~ 4
A P P E A R A N C E R E Q U E S T
PUBLIC HEARING ON `'_ ~Lt- ~~ ~:~`- x ~., L, ~'>l~ ~ ~;'~_~'~ ~~ ~~%`Z--
%' ~ ,j
~. i~ i7 ..~~ ~,~ » ~/
'"1.,/L L C-~,/„(_,J_~` i ~~'-/~''p~~ ~ L ,'C' l%~',~-L: rte, L ~~-~+%!~=17..1Y'~ ~ `~
I would like the Chairman of the Board f Supervisors to/ ~~"=--
recognize me during the public hearing on the above matter so
that I may comment. I understand that the Chairman may set a
limit on the length of time I may speak.
P L E A S E W R I T E L E G I B L Y
- - - - - - - - - - - - - - - - - -
I,
NAME: ~ , ~ /r„ ,~ .,~ /~ ~~-. ~, .L o .r~ i fir- ~~ .~~ ~'7
~' ;'
~ ~~
ADDRESS : ~, ~, ~ r' ~~ "__`,`-" ~~~,~ c"~ f ~~ ~ L~ ~-~
PHONE: ~ ~ -~
~~~ j` ~
r
PLEASE NOTE: After filling out, give to the County
Administrator. Thank you.)
. a
.fit C c
_ `-~J - 2
~O y ~d~ fi /"~ ~ C"'
SUMMARY OF COST OF ROANOKE COUNTY GOVERNMENT 1977-86 AS CONTAINED IN
Comprehensive Ann '
ual Financial Re ort
p
COUNTY OF ROANOKE, VIRGINIA .
Year Ended June 30, 1986
DID YOU KNOW-during the 9 year period (1977-86) Roanoke County population
increased only 2.4% (72,000 to 73,700) while number of house-
holds increased 10.6% (5yr) while school enrollment dropped.
BUT THE COST OF ROANOKE COUNTY GOVERNMENT INCREASED 200-400% AS BELOW
• GOVT. ADMINISTRATION +417% (9yrs)
e EDUCATION COST/STUDENT +303% (9yrs)
• DEBT/CAPITA +215% (5yrs)
• PROPERTY TAX REVENUE +268% (9yrs)
• CAPITAL PROJECTS + 380% (5yrs)
BASED ON ANALYSIS OF THE 1986 ROANOKE COUNTY COMPREHENSIVE ANNUAL FINANCIAL
REPORT AND PROJECTING THE PAST 5YR TRENDS AHEAD 5 YRS TO 1991,
LOCAL TAXES (REAL ESTATE,PERSONAL PROPERTY & BUSINESS TAXES)
WOULD HAVE TO BE INCREASED APPROXIMATELY 90% OVER SYRS TO HAVE
A BALANCED 1991 BUDGET.
• SEE ATTACHED 9YR PAST SUMMARY & 5YR FORWARD PROJECTION
• A 60% TAX INCREASE LEAVES a $24.1 MILLION DEFICIT IN 1991
• FEDERAL & STATE FUNDING IS DECLINING WHICH MEANS LOCAL
TAX SOURCES MUST FILL THE GAP
EDUCATION COSTS NOW REPRESENT 2/3 OF TOTAL COUNTY SPENDING
~ COST PER STUDENT ROSE DRAMATICALLY WHEN SALEM PULLED OUT
OF THE JOINT SYSTEM
« ENROLLMENT HAS DECLINED FOR 3 YRS BUT BUDGET ROSE 22%
• STATE FUNDING AS % OF TOTAL $$$ IS DECLINING
RURAL AREAS REPRESENT 35-40% OF TOTAL HOUSEHOLDS BUT RELIEVE 25-30% OF
SERVICES FOR THE SAME TAX RATES
• NO PUBLIC WATER,SEWER,GAS OR CABLE TV SERVICES AVAILABLE
• LOWER LEVEL OF PUBLIC SAFETY AVAILABLE (POLICE & FIRE )
ROANOKE COUNTY ADMINISTRATION HAS ANNOUNCED A NUMBER OF PLANNED ACTIONS
THAT WILL ADVERSELY AFFECT RURAL PROPERTY OWNERS;INCLUDING:
• CAPITAL IMPROVEMENTS NOT BENEFITING RURAL AREAS THAT WILL
BE PAID FOR OUT OF GENERAL TAX REVENUES
oWATER RESERVES FOR COMMERICAL & SUBDIVISION USE
°AIRPORT OWNERSHIP
oEXPANDED ADMINISTRATION FACILITIES
•LAND USE & ZONING REVISIONS TO LIMIT GROWTH & FURTHER REGULATE
CAN ROANOKE COUNTY UNDERTAKE A SPENDING ORGY THAT WILL MAKE IT THE MOST
EXPENSIVE RURAL COUNTY TO LIVE IN BY 1991?????
comprehensive Annual Financial Report
SUMMARY OF ROANOKE COUNTY REVENUES VS EXPENDITURES-9YRS PAST + 5 YR PROJECTI01`
# FISCAL YEAR % INCREASE
QOTES
SOURCE 1977 1981 1986 PAST PAST
OF DATA 9YRS SYRS
POPULATION
NO.HOUSEHOLDS 1,8
2 72,000 73,900 73,700 2.4 -.03
NA 23,779 26,321 NA 10.6
~ _TOTAL REVENUE 3,9 ($40L60NS OF DOLLARS)
$59
1
PROPERTY TAXES 3
11.2 .
19
8 $75.9 187% 129%
OTHER LOCAL TAX 3
10.8 .
14.6 30.0
12
6 268 152
STATE SHARE
FEDERAL SHARE
3
3
16.4
23.4 .
29.6 293
180 182
126
2,2 1.2 3.7 168 308
BONDED DEBT
DEBT/CAPITA 4
4 $17.4 $19.4 $36.4 209% lgg%
$179/E $161/E $347/E 194 215
~ TOTAL EXPENDITURES-GENL.GOVT. (MILLIONS OF DOLLARS)
"TOT L
EST.1991 BASED
ON TRENDS -pAS T 5 YI
80,685 max.
28,816
$311.9 -_NOTE THIS
45.5
22.9
37.3
6.2
$68.4
$847/E
GENL.ADMIN.
5 .~ ~ 7 . ~
65 ~ 58~-__- .-$T5~ - 193 % 12 9%
0 --
$`136
PUBLIC SAF,~t-JKS
5 .
1
g 1.41 2.5 417 179 .
NOTE THIS
4.5
HEALTH/WELFARE 5 ,
2
0 5.8 16.6 922 286 47
5
EDUCATION 5,6 ~
30.0 2.2
42
6 2.7 135 123 .
3.3
PARKS/REC. 5
8 . 51.8 173 122 63.2
DEBT SERVICE 5 .
2.1 1.6
2
8 2.7 338 169 4.6
CAPITAL PROJ. 5
8 ' 2.4 114 ---
9.1*
EXPEND/CAPITA 5 .
$546 3.5
$797 13.3 1662 380 50.5*
OTHER(JUDICAL) 5
1
9 $1029 188 129 $1328
(NON-DEPT) . 2'4 3.0 158 125 3.8
• EDUCATION EXPENDITURES (MILLIONS OF DOLLARS)
-TO L
ENROLLMENT 6 7 ~'~--51.8 173% 122% $63.2
COST/STUDENT 6' 23,919@ 19,394@ 13,622 NA -.03 13,400*
$1254/E $2197/E $3803/E 303 173
@COMBINED SYSTEM WITH SALEM $4701/E -NOTE THIS
~ NOTES-DATA SOURCE REFERENCE-1986 ROANOKE COUNTY ANNUAL COMPREHENSIVE FINANCIAL REPOR
TABLE 8 PG.68 (CENSUS DATA + UVA TAYLOE MURPHY) T
2 ROANOKE CO.DEPT.DEVELOPMENT ESTIMATES
3 TABLE 1 PG.62 (SEE REVERSE SIDE THIS SHEET)
4 TABLE 7 PG.67
5 TABLE 2 PG.63 (SEE REVERSE SIDE THIS SHEET)
6 TABLE 8 PG.68
7 ~~ ~~ PLUS AVERAGE OF 1984-86 ROANOKE COUNTY PUPILS ONLY
8 ~# 1991 PROJECTION BASED ON 2.8 PERSONS PER HOUSEHOLD-SAME AS 1986 ACTUAL
9 ALSO TABLE 1 PG.62-EXCLUDING OTHER SOURCE REVENUE
10 ~~ ~~ 2 63 " ~~
~~ EXPENDITURES
VALUATION OF ALL TAXABLE PROPERTY SUMMARY COMPARISON (see Table 4 pg.65)
LOCAL TAX CONSIDERATIONS FISCAL YEAR 9 YR
1977 1981 1986 %IN~REASE
LOCAL PROPERTY TAXES COLLECTED (MILLIONS OF DOLLARS)
TOTAL RO.CO.ASSESSED VALUE $11.1 $19.~ $29 .., 266% STABLE 3 PG.64)
~sr REAL P130PERTY 355.0 1140.0 2206.0 621
A<n,"~~ PERSONAL PROPERTY 686 1084 1905 278
,Comprehensive Annual Financial Report
COUNTY OF ROANOKE, VIRGINIA
Year Ended June 30, 1986
General Govern
ment Revand Other Sources
Table 1
Last Ten Fiscal Years
1986 1985 1984 1983 1982 1981 1980 1979 1978 1977
Revenues:
From local sources:
General property taxes
Other focal taxes $30,012,468 27,317,099 23,898,397 22,360,262 20,400,057 19,835,085 14,365,827 13,545,489 12,422
660 11
220
224
Permits, privilege fees 7,805,378 6,613,665 5,585,915 4,693,619 4,328,984 4,261,816 3,631,798 3,196,592 ,
2,862,321 ,
,
2,596,947
and regulatory licenses
Fines and forfeitures 408,248 342,438 244,454 172,004 154,605 191,060 137,095 136,928 156,583 152
204
Revenues from use of 134,431 121,504 84,334 81,161 88,570 63,193 52,582 44,446 37,977 ,
36,314
money and property
Charges for services 416,337 994,007 1,333,502 1,201,405 639,101 668,471 721,501 528,334 329
999 172
524
Miscellaneous 3,324,436
241
374 2,973,621
258
9 2,921,908 7,275,045 12,340,854 7,517,218 6,729,710 5,814,309 ,
5,388,626 ,
6,752,932
Recovered costs ,
244,367 ,
93
235,763 243,108
421
233 247,094
848
647 349,649
82 321,472 73,920 20,501 51,445 16,685
From the Commonwealth
29,628,095
25,927,828 ,
24,172,036 ,
26,169,620 4,495
18
916
765 2,675,483
22
373
590 687,888
17
31 1,317,096 1,152,200 1,121,475
From the Federal Government
3,729,414
1,954,368
1,629,095
1,874,302 ,
,
2
122
010 ,
,
1
159
024 ,
3,830
2
3 16,505,962 15,800,513 16,364,718
,
, ,
, ,
68,667 2,662,714 2,312,246 2,177,095
Total revenues 75,944,548 66,739,286 60,533,982 64,923,159 60,165,090 59,066,412 46,082,818 43,772,371 40,514,570 40,611,118
Other sources:
Proceeds from leaselpurchase 41,360 - - -
Proceeds from sale of land
412,271
68,169
340,418
- _ _
Proceeds of general obligation _ _
-
-
-
bonds and notes
Annexation revenue 13,039,000 - - 7,000,000 -
4,900,000
4,900,000 _ _
_
Operating transfers from 249,973 388,442 445,769 645,413 548,518 2,425,844 1,912,751 1,912,751 1,912,751 1,912,751
other funds - 35,178 24,462 - 300,000 697,930 16,537,321 13,081,134 12,584,613 9,672,527
Total other sources 13,742,604 491,789 810,649 7,645,413 848,518 8,023,774 23,350,072 14,993,885 14,497,364 11,585,278
Total revenues and Note: Includes General and Special Revenue Fund s.
other sources $89,687,152 67,231,075 61,344,631 72,568,572 61,013,608 67,090,186 69,432,890 58,766,256 55,011,934 52,196,396
General Gover nment Expenditures and Other U ses Table 2
Last Ten Fiscat Years
1986 1985 1984 1983 1982 1981 1980 1979 1978 1977
Expenditures:
General government
administration
Judicial administration $ 2,522,779 2,249,187 1,657,697 1,464,166 1,355,966 1,414,988 898,634 737,885 674,062 644,745
Public safely 785,168 724,964 582,743 360,925 341,970 416,568 562,027 567,326 511,763 450
255
Public works 7,063,230 6,231,196 5,248,098 4,540,998 4,398,445 3,951,286 2,496,780 2,164,432 1
730
786 ,
1
595
910
Health and welfare 3,692,672 1,612,386 1,064,758 1,023,586 948,216 1,879,828 364,988 319,650 ,
,
298
110 ,
,
196
230
Education 2,737,213 2,402,105 2,183,102 2,229,031 2,135,191 2,156,648 2,232,090 1,771,510 ,
1
556
738 ,
1
969
778
Parks, recreation and cultur
l 51,776,815 47,461,330 42,368,193 48,586,723 44,449,420 42,648,036 36,223,989 32,797,716 ,
,
30,479,140 ,
,
30,069,261
a
Community development 2,005,636 1,836,832 1,567,584 1,520,135 1,392,300 1,445,129 1,181,246 1,032,591 843,575 796,771
Nondepartmental 714,721 605,111 394,771 253,351 186,908 187,455 _
Other 2,233,947 817,061 832,623 1,005,632 760,675 1,455,959 1,103,776 1,158,352 1,309,269 966,110
Debt service - 20,732 333,447 282,440 18,772 527,200 729,284 819,169 537,680 454
713
2,395,555 3,155,835 3.164.454 s ms uFa 7 RFF 1A'1 0 o,c nin n n-.n ...... ,. .,~~ ...,. _ .__ ___ ,
_