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Home My WebLink About4/23/1991 - Regularp AN E +F ~ 9 z 18 ~ 88 sE~0U1CEN7EM~~'~ ~ BurN~ulBrR+w~i~g U~.uunt~ of ~uttnal~e ROANOKE COUNTY BOARD OF SUPERVISORS ACTION AGENDA APRIL 23, 1991 ~u-~~~ cmr • ' ~~9~8~9 Re ar Welcome to the Roanoke County Board of Supehivi fourth Tuesday at 3:00 meetings are held on the second Tuesday and p,m. Public hearings are held at 7:00 p.m on the fourth Tuesday of each month. Deviations from this schedule will be announced. A, OPENING CEREMOI~TIES (3:00 P.M.) 1. Roll Call AT 3:07 HCN ARRIVED AT 3:15 P.M. 2. Irnocation: John M. Chambliss Assistant County Administrator 3. Pledge of Allegiance to the United States Flag. g, REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS RWR ADDED ITEM K 7, APPROVAL OF ~ PERMIT -NORTH CROSS SCHOOL ECH ADDED ITEM D-4, PAY SUPPLEMENT FDO~~OD ING THE EMPLOYEES CALLED TO ACTIVE RESERVE 1 PERSIAN GULF WAR C. PROCIAMATIONS, RESOLUTIONS, RECOG1vITIONS, AND AWARDS 1. Presentation of New Library Cards to the Board of Supervisors. PRESENTED BY GEORGE GARRETSON 2. Proclamation declaring the Week of April 21 - 27, 1991 as Professional Secretaries Week. LBE MOTION TO ADOPT - UW SUSIE OWEN, CAROLYN WAGNER, AND WANDA RILEY ACCEPTED 3. Resolution of Congratulations to Karen Jenkins for being named first team All American Basketball Team. R-42391-1 BLJ TO ADOPT - UW KAREN JENI~NS WAS PRESENT TO ACCEPT 4. Recognition of Greg Wingate for obtaining his professional designation as a Senior Appraiser. GREG WINGATE WAS PRESENT 5. Resolution of Appreciation to Parents, Educators and U. S. Surgeon General Antonia C. Nwello for their support of the Alcohol Free Party Challenge. R-42391-2 RWR MOTION TO ADOPT - UW SHERIFF KAVANAUGH ACCEPTED a D. NEW BUSINESS 1. Adoption of the Roanoke County fiscal year 1991-92 budget. A-42391-3 RWR SUBST MOTION TO ADOPT BUDGET WITH OPTION A AND NO SCHOOL CUTS WITH STUDIES TO BE CONDUCTED ON PRIVATIZATION OF SERVICES. -DEFEATED AYES-RWR, BLJ NAYS-LBE,HCN,SAM BLJ MOTION TO CALL FOR QUESTION AYES-RWR,BLJ,HCN,SAM NAYS-LBE BLJ SUBST. MOTION TO ADOPT BUDGET WITH MID-YEAR ~ OF BUDGET AND PROJECTED REVENUES FOR FURTHER CONSIDERATION OF BUDGET CHANGES -RULED OUT OF ORDER BY PMM HCN MOTION TO ADOPT BUDGET WITH OPTION A WITHOUT SCHOOL CUTS AND OPTION B AMENDED AS FOLLOWS: REDUCE ECONOMIC DEVELOPMENT $25,000, FUND MT. PLEASANT AND CATAWBA SCHOOLS ($10,000), REDUCE 5TH PDC CUT BY $2,000, REDUCE SALEM/ROANOKE CO. CHAMBER CUT BY $2,000 AND REDUCE CONSTITUTIONAL OFFICERS CUT BY $10,000 -DEFEATED AYES-HCN NAYS-LBE,RWR,BL,J,SAM BLJ MOTION TO ADOPT BUDGET AS PRESENTED WITH $55,435 IN VEHICLES ELIlVIINATED AND REALLOCATED TO BOARD CONTINGENCY FUND, AND THAT IN DECEMBER 1991 (12/3/91), STAFF WII..L PREPARE AN ACCOUNTING OF THE STATUS OF THE BUDGET AT THAT TIlVIE AS WELL AS PROJECTIONS FOR 1992-93 BUDGET SO THAT MID YEAR ADJUSTMENTS CAN BE MADE. 3 AYES-LBE,RWR,BLJ,SAM NAYS-HCN RWR MOTION THAT STAFF CONDUCT IN-HOUSE STUDY FOR POSSIBILITY OF PRIVATIZATION OF SERVICES WITH INPUT FROM BOARD MEMBERS AND REPORT BACK TO BOARD ON 8/27/91 MOTION AMENDED BY SAM TO CONTACT OTHER LOCALITIES TO REQUEST INVOLVEMENT IN VALLEY WIDE STUDY - URC 2. Approval of amendment to Resolution 91290-5 adopting a policy establishing residency requirements for appointment to citizen boards and commissions. R-42391-4 HCN MOTION TO ADOPT RESO - URC 3. Resolution concerning Virginia Housing Development Authority financing of amulti-family residential development located in Roanoke County. R-42391-5 BLJ MOTION TO ADOPT CERTIFICATION OF DISAPPROVAL AND RESOLUTION EXPRESSING DISAPPROVAL - URC ONE CITIZEN SPOKE IN OPPOSITION 4. Pay Supplement for County Employees called to Active Reserve Duty During the Persian Gulf War A-42391-6 HCN MOTION TO ADOPT URC E. REQUESTS FOR WORK SESSIONS NONE 4 F. REQUESTS FOR PUBLIC HEARINGS NONE G. REQUEST FOR PUBLIC HEARING AND FIRST READING FOR REZONING ORDINANCE -CONSENT AGENDA 1. An Ordinance to rezone 1.465 acres from M-1 to M-2 to operate a highway construction office and shop for maintenance and storage of heavy equipment, located at 7537 Milk A-Way Drive, Hollins Magisterial District upon the petition of Carter M. Coffey Action Contracting Co., Inc. 2. An Ordinance to rezone 1.13 acres from R-1 to B-1 to construct an addition to an office building, located on the southwesterly side of Route 419, north of Grandin Road Extension, Windsor Hills Magisterial District upon the petition of Gofland Limited. HCN MOTION TO APPROVE 1ST READING 2ND AND PUBLIC HEARING - 5/28/91 URC H. FIILST READING OF ORDINANCES NONE I. SECOND READING OF ORDINANCES 1. Ordinance authorizing the lease of 10.40 acres of real estate to Frederick A. Mahone and Rebecca Fay Mahone. 5 0-42391-7 HCN MOTION TO ADOPT ORD URC 2. Ordinance vacating a sanitary sewer easement and acquiring a new sanitary sewer easement across Lot 6, Luwana Corporation Division. 0-42391-8 LBE MOTION TO ADOPT ORD URC 3. Ordinance vacating a portion of an existing non-exclusive easement and acquiring a new water line and access easement across property of Holiday Retirement Associates Limited Partnership. 0-42391-9 RWR MOTION TO ADOPT ORD URC J. APPOINTMENTS 1. Parks and Recreation Advisory Commission 2. Transportation and Safety Commission SAM NOMINATED H. RODNEY SMITH TO A FOUR-YEAR TERM EXPIRING 4/1/1995. 3. Roanoke Valley Regional Solid Waste Management Board HCN NONIINATED GARDNER SMITH AND MOVED TO APPOINT IlVIlVIEDIATELY - URC K. CONSENT AGENDA 6 ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. BLOT MOTION TO ADOPT WITH ITEM K-7 ADDED URC 1. Acceptance of 0.33 miles of Remington Road into the Secondary System by the Va. Department of Transportation. A-42391-10.a 2. Acceptance of Valleypointe Parkway (Valleypointe Industrial Access Road)_ into the Secondary System by the Va. Department of Transportation. A-42391-10.b 3. Acceptance of lease-purchase arrangements for 1990-91 Fire and Rescue and refuse equipment. R-42391-10.c 4. Donation of sanitary sewer and water easements in connection with Bearrock Subdivision to the County of Roanoke. A-42391-10.d 5. Donation of a new tank lot and related water line and access easements in connection with the Starkey Road Water System Project to the County of Roanoke. A-42391-10.e 6. Donation of sanitary and storm sewer easement in connection with Queen's Court Subdivision to the County of Roanoke. A-42391-10.f 7. Approval of Raffle Permit -North Cross School A-42391-10.g L. REPORTS AND INQUIRIES OF BOARD MEMBERS SUPERVISOR EDDY: ASKED ABOUT SALE OF DELINQUENT TAX PROPERTY. PMM RESPONDED. SUPERVISOR ROBERS: ANNOUNCED THAT HE HAD VISITED WITH 3RD GRADE AT CAVE SPRING ELEMENTARY SCHOOL _ SUPERVISOR NICKENS: ADVISED HE ATTENDED THE FUNERAL OF REVEREND EALY OGDON. ASKED THAT A RESOLUTION OF SYMPATHY BE PREPARED AND SENT TO HIS WIDOW. SUPERVISOR MCGRAW: (1) ANNOUNCED HE PLANNED TO APPOINTED H. RODNEY SMITH THE TRANSPORTATION SAFETY BOARD. (2) ADVISED THAT THE VACO TASK FORCE WILL MEET MAY 9 AND MAY 22, AND LEGISLATION WILL BE DRAFTED FOR THE GRAYSON COD~IlVIISSION. (3) REPORTED THAT GOV. WILDER IS CONSIDERING LOOSENING THE CONTROL OF THE DILLON RULE. M. CITIZENS' COMI~~NTS AND CO1bIlVIiJNICATIONS 1. ANGIE HUNTER, BRADSHAW ROAD SPOKE IN s OPPOSITION TO $10.00 SENIOR CITIZEN FEE TO PARTICIPATE IN PARKS AND RECREATION PROGRAMS. SAM ADVISED THERE IS A HARDSHIP PROVISION AVAILABLE N. REPORTS BLJ MOTION TO RECEIVE AND FILE - UW 1. Board Contingency Fund 2. General Fund Unappropriated Balance 3. Accounts Paid -March 1991 4. Statement of income and expenses for the nine months ended March 31, 1991. . O. EXECUTIVE SESSION pursuant to the Code of Virginia section 2.1-344 A NONE P. CERTIFICATION OF EXECUTIVE SESSION NONE BLJ MOTION TO RECESS AT 5:00 P.M. - UW EVENING SESSION (7:00 P.M.Z RAIL SPUR TO NEW LANDFILL 9 3 PEOPLE SPOKE IN OPPOSITION 1. LOUISE W. SPANGLER 2. PAT LAVERY 3. BILL CARTER Q. PUBLIC HEARINGS 491-1A Special Exception Request of Winfred Wilson to operate a place of public amusement located at 3109 Brambleton Avenue, Windsor Hills Magisterial District. A-42391-11 LBE MOTION TO DENY AYES-LBE,RWR,BI~,HCN ABSTAIN-SAM R PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 491-2 A Ordinance to amend proffered conditions on approximately 6.1 acres, to remove the condition requiring brick and wood siding, located east of Route 706 approximately .1 mile south of intersection with Electric Road, Cave Spring Magisterial District upon the petition of Robert E. Glenn. 0-42391-12 HCN MOTION TO DENY -WITHDRAWN HCN MOTION TO APPROVE - URC 491-3 A Ordinance amending Chapter 7, Building Regulations, of io the Roanoke County Code by the Amendment and Reenactment of Section 7-71, Building or Demolitions; and by the repeal of Sections 7-72, Electrical; 7-73, Mechanical; and 7-74, Plumbing; and the reenactment of anew Section 7-72, Trade Permits, to provide for a new procedure to calculate fees for certain permits. 0-42391-13 HCN MOTION TO ADOPT ORD URC 491-4A Ordinance establishing magisterial districts for the County of Roanoke and providing for an effective date of this ordinance. 0-42391-14 HCN MOTION TO ADOPT ORD AS AMENDED BY PMM WITH INCLUSION OF MOWLES RD. IN DESCRIPTION OF WINDSOR HILLS MAGISTERIAL DISTRICT. _ AYES-LBE,RWR,HCN,SAM NAYS-BLJ - BECAUSE HE FELT BONSACK SHOULD ~BE IN VINTON DISTRICT RWR ASKED FOR MAPS OF NEW DISTRICT BOUNDARIES FOR BOARD MEMBERS 491-5 Ordinance enacting the Roanoke-Valley Cable Television ordinance for Roanoke County. 0-42391-15 HCN MOTION TO APPROVE URC S. CITIZENS' COMII~NTS AND COI~'IlVIUNICATIONS NONE ii T. OTHER BUSINESS HCN MOTION TO ELIMINATE SENIOR CITIZENS RECREATION FEE, AND ALLOCATE $15,000 FUNDING FOR TRANSITION LIVING CENTER AND $7,000 FOR BASEBALLS. FUNDING TO BE APPROPRIATED FROM 1991-92 BOARD CONTINGENCY FUND URC T. ADJOURNMENT AT 9:45 P.M. 12 AN ~ F a ~ _ /~' C~~~tnf u~ ~~~n~k~ 18 ~ 88 sE~~U1CENTEMN~'~ ~ e~.W~p~e.~~~~~ ROANOKE COUNTY BOARD OF SUPERVISORS AGENDA APRIL 23, 1991 ~u-u~~ cm 1 ', I 1 ~~9.8~9 Welcome to the Roanoke County Board of Supervisors meeting. Regular meetings are held on the second Tuesday and the fourth Tuesday at .3:00 p.m. Public hearings are held at 7:00 p.m on the fourth Tuesday of each month. Deviations from this .schedule will be announced. A. OPENING CEREMONIES (3:00 P.M.) 1. Roll Call. 2. Invocation: The Reverend William T. Ross Vinton Baptist Church 3. Pledge of Allegiance to the United States Flag.. B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS i 1. Presentation of New Library Cards to the Board of Supervisors. 2. Proclamation declaring the Week of April 21 - 27, 1991 as Professional Secretaries Week. 3. Resolution of Congratulations to Karen Jenkins for being named first team All American Basketball Team. 4. Recognition of Greg Wingate for obtaining his professional designation as a Senior Appraiser. 5. Resolution of Appreciation to Parents, Educators and U. S. Surgeon General Antonia C. Novello for their support of the Alcohol Free Party Challenge. D. NEW BUSINESS 1. Adoption of the Roanoke County fiscal year 1991-92 budget. 2. Approval of amendment to Resolution 91290-5 adopting a policy establishing residency requirements for appointment to citizen boards and commissions. 3. Resolution concerning Virginia Housing Development Authority financing of amulti-family residential development located in Roanoke County. E. REQUESTS FOR WORK SESSIONS s F. REQUESTS FOR PUBLIC HEARINGS G. REQUEST FOR PUBLIC HEARING AND FIRST READING FOR REZONING ORDINANCE -CONSENT AGENDA 1. An Ordinance to rezone 1.465 acres from M-1 to M-2 to operate a highway construction office and shop for maintenance and storage of heavy equipment, located at 7537 Milk-A-Way Drive, Hollins Magisterial District upon the petition of Carter M. Coffey Action Contracting Co., Inc. 2. An Ordinance to rezone 1.13 acres from R-1 to B-1 to construct an addition to an office building, located on the southwesterly side of Route 419, north of Grandin Road Extension, Windsor Hills Magisterial District upon the petition of Gofland Limited. H. FIILST READING OF ORDINANCES I. SECOND READING OF ORDINANCES 3 1. Ordinance authorizing the lease of 10.40 acres of real estate to Frederick A. Mahone and Rebecca Fay Mahone. 2. Ordinance vacating a sanitary sewer easement and acquiring a new sanitary sewer easement across Lot 6, Luwana Corporation Division. 3. Ordinance vacating a portion of an existing non-exclusive easement and acquiring a new water line and access easement across property of Holiday Retirement Associates Limited Partnership. J. APPOINTMENTS 1. Parks and Recreation Advisory Commission 2. Transportation and Safety Commission 3. Roanoke Valley Regional Solid Waste Management Board K. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WII.L BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. 4 1. Acceptance of 0.33 miles of Remington Road into the Secondary System by the Va. Department of Transportation. 2. Acceptance of Valleypointe Parkway (Valleypointe Industrial Access Road) into the Secondary System by the Va. Department of Transportation. 3. Acceptance of lease-purchase arrangements for 1990-91 Fire and Rescue and refuse equipment. 4. Donation of sanitary sewer and water easements in connection with Bearrock Subdivision to the County of Roanoke. 5. Donation of a new tank lot and related water line and access easements in connection with the Starkey Road Water System Project to the County of Roanoke. 6. Donation of sanitary and storm sewer easement in connection with Queen's Court Subdivision to the County of Roanoke. L. REPORTS AND INQUIRIES OF BOARD MEMBERS M. CITIZENS' COMMENTS AND COMMUNICATIONS N. REPORTS s 1. Board Contingency Fund 2. General Fund Unappropriated Balance 3. Accounts Paid -March 1991 4. Statement of income and expenses for the nine months ended March 31, 1991. O. EXECUTIVE SESSION pursuant to the Code of Virginia section 2.1-344 A P. CERTIFICATION OF EXECUTIVE SESSION EVENING SESSION X7:00 P.M.~ Q. PUBLIC HEARINGS 491-1 Special Exception Request of Winfred Wilson to operate a place of public amusement located at 3109 Brambleton Avenue, Windsor Hills Magisterial District. R PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 491-2 Ordinance to amend proffered conditions on approximately 6.1 acres, to remove the condition requiring brick and wood siding, located east of Route 6 requiring brick and wood siding, located east of Route 706 approximately .1 mile south of intersection with Electric Road, Cave Spring Magisterial District upon the petition of Robert E. Glenn. 491-3 Ordinance amending Chapter 7, Building Regulations of the Roanoke County Code by the Amendment and Reenactment of Section 7-71, Building or Demolitions and 6y the repeal of Sections 7-72, Electrical; 7-73, Mechanical: and 7-74, Plumbing; and the reenactment of anew Section 7-72, Trade Permits. to provide for a new procedure to calculate fees for certain permits. 491-4 Ordinance establishing magisterial districts for the County of Roanoke and providing for an effective date of this ordinance. 491-5 Ordinance enacting the Roanoke-Valley Cable Television ordinance for Roanoke County. S. CITIZENS' COMII~NTS AND COINIlVIiJNICATIONS T. ADJOURNMENT ' AN ~ F a ~ ~ 9 .~ 18 ~ 88 ~E~~lIICENTENN~'` ~ Bd~u~ulBr~nev~ C~nunty of ~Ruttnnke ROANOKE COUNTY BOARD OF SUPERVISORS AGENDA APRIL 23, 1991 eu-u~c~ cm I I ~~9~8~9 Welcome to the Roanoke County Board of Supervisors meeting. Regular meetings are held on the second Tuesday and the fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m on the fourth Tuesday of each month. Deviations from this ,schedule will be announced. A. OPENING CEREMONIES (3:00 P.M.) 1. Roll Call. 2. Invocation: The Reverend William T. Ross Vinton Baptist Church 3. Pledge of Allegiance to the United States Flag. B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS i 1. Presentation of New Library Cards to the Board of Supervisors. 2. Proclamation declaring the Week of April 21 - 27, 1991 as Professional Secretaries Week. 3. Resolution of Congratulations to Karen Jenkins for being named first team All American Basketball Team. 4. Recognition of Greg Wingate for obtaining his professional designation as a Senior Appraiser. 5. Resolution of Appreciation to Parents, Educators and U. S. Surgeon General Antonia C. Novello for their support of the Alcohol Free Party Challenge. D. NEW BUSINESS 1. Adoption of the Roanoke County fiscal year 1991-92 budget. 2. Approval of amendment to Resolution 91290-5 adopting a policy establishing residency requirements for appointment to citizen boards and commissions. 3. Resolution concerning Virginia Housing Development Authority financing of amulti-family residential development located in Roanoke County. E. REQUESTS FOR WORK SESSIONS a F. REQUESTS FOR PUBLIC HEARINGS G. REQUEST FOR PUBLIC HEARING AND FIRST READING FOR REZONING ORDINANCE -CONSENT AGENDA 1. An Ordinance to rezone 1.465 acres from M-1 to M-2 to operate a highway construction office and shop for maintenance and storage of heavy equipment, located at 7537 Milk-A-Way Drive, Hollins Magisterial District upon the petition of Carter M. Coffey Action Contracting Co., Inc. 2. An Ordinance to rezone 1.13 acres from R-1 to B-1 to construct an addition to an office building, located on the southwesterly side of Route 419, north of Grandin Road Extension, Windsor Hills Magisterial District upon the petition of Gofland Limited. H. FIRST READING OF ORDINANCES I. SECOND READING OF ORDINANCES 3 1. Ordinance authorizing the lease of 10.40 acres of real estate to Frederick A. Mahone and Rebecca Fay Mahone. 2. Ordinance vacating a sanitary sewer easement and acquiring a new sanitary sewer easement across Lot 6, Luwana Corporation Division. 3. Ordinance vacating a portion of an existing non-exclusive easement and acquiring a new water line and access easement across property of Holiday Retirement Associates Limited Partnership. J. APPOINTMENTS 1. Parks and Recreation Advisory Commission 2. Transportation and Safety Commission 3. Roanoke Valley Regional Solid Waste Management Board K. 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 FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WII.L BE REMOVED FROM THE CONSENT AGENDA AND WII.L BE CONSIDERED SEPARATELY. 4 1. Acceptance of 0.33 miles of Remington Road into the Secondary System by the Va. Department of Transportation. 2. Acceptance of Valleypointe Parkway (Valleypointe Industrial Access Road) into the Secondary System by the Va. Department of Transportation. 3. Acceptance of lease-purchase arrangements for 1990-91 Fire and Rescue and refuse equipment. 4. Donation of sanitary sewer and water easements in connection with Bearrock Subdivision to the County of Roanoke. 5. Donation of a new tank lot and related water line and access easements in connection with the Starkey Road Water System Project to the County of Roanoke. 6. Donation of sanitary and storm sewer easement in connection with Queen's Court Subdivision to the County of Roanoke. L. REPORTS AND INQUIRIES OF BOARD MEMBERS M. CITIZENS' COMMENTS AND COMMUNICATIONS N. REPORTS s 1. Board Contingency Fund 2. General Fund Unappropriated Balance 3. Accounts Paid -March 1991 4. Statement of income and expenses for the nine months ended March 31, 1991. O. EXECUTIVE SESSION pursuant to the Code of Virginia section 2.1-344 A P. CERTIFICATION OF EXECUTIVE SESSION EVENING SESSION (7:00 P.M.I Q. PUBLIC HEARINGS 491-1 Special Exception Request of Winfred Wilson to operate a place of public amusement located at 3109 Brambleton Avenue, Windsor Hills Magisterial District. R. PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 491-2 Ordinance to amend proffered conditions on approximately 6.1 acres, to remove the condition requiring brick and wood siding, located east of Route 6 requiring brick and wood siding, located east of Route 706 approximately .1 mile south of intersection with Electric Road, Cave Spring Magisterial District upon the petition of Robert E. Glenn. 491-3 Ordinance amending Chapter 7, Building Regulations, of the Roanoke County Code by the Amendment and Reenactment of Section 7-71, Building or Demolitions; and by the repeal of Sections 7-72, Electrical; 7-73, Mechanical; and 7-74, Plumbing; and the reenactment of anew Section 7-72, Trade Permits, to provide for a new procedure to calculate fees for certain permits. 491-4 Ordinance establishing magisterial districts for the County of Roanoke and providing for an effective date of this ordinance. 491-5 Ordinance enacting the Roanoke-Valley Cable Television ordinance for Roanoke County. S. CITIZENS' COMII~NTS AND COMMUNICATIONS T. ADJOURNiVIENT -~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 23, 1991 PROCLAMATION DECLARING APRIL 21 THROUGH APRIL 27, 1991 AS PROFESSIONAL SECRETARIES WEER WHEREAS, professional secretaries are committed to upholding the highest ethical standards; and WHEREAS, professional secretaries contribute greatly to office excellence; and WHEREAS, professional secretaries are valued members of businesses throughout our community; and WHEREAS, the week of April 21 through April 27, 1991, has been designated Professional Secretaries Week, by Professional Secretaries International, its founder and sponsor. NOW, THEREFORE, WE, the Board of Supervisors of Roanoke County, Virginia, do hereby proclaim April 21 through April 27, 1991, as PROFESSIONAL SECRETARIES WEEK in Roanoke County, Virginia; and FURTHER, the Board of Supervisors urges management in the County of Roanoke to join in recognizing these outstanding professionals in their employ especially on Wednesday, April 24, 1991, which is PROFESSIONAL SECRETARIES DAY. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 23, 1991 RESOLUTION 42391-1 OF CONGRATULATIONS TO KAREN JENRINS UPON BEING NAMED A FIRST TEAM ALL-AMERICAN IN THE ODAC CONFERENCE WHEREAS, Karen Jenkins, a resident of Roanoke County and a graduate of William Byrd High School, was recently named a first team All-American in the ODAC conference; and WHEREAS, Ms. Jenkins is a valuable member of the Roanoke College Women's Basketball Team; and WHEREAS, the role of women's sports in college athletics is becoming increasingly important, both to the participants and to their schools; and WHEREAS, Ms. Jenkins serves as a role model to other young women and girls, encouraging them to excel in athletics. NOW, THEREFORE, BE IT RESOLVED that the Roanoke County Board of Supervisors does hereby, on behalf of its members and all citizens of the County, extend its congratulations and best wishes to KAREN JENKINS on her recognition as an outstanding athlete. On motion of Supervisor Johnson, and carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Resolutions of Congratulations File f t .,. ; r ~.... ~-..~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 23, 1991 RESOLUTION 42391-2 OF APPRECIATION TO PARENTS, EDUCATORS AND U. S. SURGEON GENERAL ANTONIA C. NOVELLO FOR THEIR SUPPORT OF THE ALCOHOL FREE PARTY CHALLENGE WHEREAS, our young citizens and students are threatened each day by the sale, use and abuse of illegal drugs and illegal alcohol; and WHEREAS, alcohol use under age 21 is illegal and alcohol is one of the most widely used illegal drugs among young people and is one of the leading causes of death among young adults; and WHEREAS, the use and abuse of illegal alcohol increases at prom time and after school graduation, and in the past eleven years at least thirty-eight young citizens have been lost because of alcohol related traffic fatalities; and WHEREAS, parents and educators in our community have devoted countless hours, great commitment and untold financial resources to sponsor alcohol free and drug free parties after prom and after graduation; and WHEREAS, United States Surgeon General Antonia C. Novello has devoted countless efforts to increase community support and responsibility to save youths from drug and alcohol abuse and has encouraged youths to live by the slogan "Be Smart, Stay Smart, Don't Start." NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, expresses its appreciation to the many parents and educators involved in these local efforts, and to United States Surgeon General Antonia C. Novello for her leadership and presence in the community in support of these local efforts; and BE IT FURTHER RESOLVED that during this prom party and graduation season the Board of Supervisors supports and encourages the safety and health of our young citizens and students through the ALCOHOL FREE PARTY CHALLENGE. On motion of Supervisor Robers, and carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None A COPY TESTE: ~ ~. Mary H Allen, Clerk Roanoke County Board of Supervisors cc: File Sheriff Michael Kavanaugh Dr. Bayes Wilson, Superintendent, Roanoke County Schools Chief John Cease, Police Department Resolutions of Appreciation File ~. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 23, 1991 RESOLUTION OF APPRECIATION TO PARENTS, EDUCATORS AND U. S. SURGEON GENERAL ANTONIA C. NOVELLO FOR THEIR SUPPORT OF THE ALCOHOL FREE PARTY CHALLENGE WHEREAS, our young citizens and students are threatened each day by the sale, use and abuse of illegal drugs and illegal alcohol; and WHEREAS, alcohol use under age 21 is illegal and alcohol is one of the most widely used illegal drugs among young people and is one of the leading causes of death among young adults; and WHEREAS, the use and abuse of illegal alcohol increases at prom time and after school graduation, and in the past eleven years at least thirty-eight young citizens have been lost because of alcohol related traffic fatalities; and WHEREAS, parents and educators in our community have devoted countless hours, great commitment and untold financial resources to sponsor alcohol free and drug free parties after prom and after graduation; and WHEREAS, United States Surgeon General Antonia C. Novello has devoted countless efforts to increase community support and responsibility to save youths from drug and alcohol abuse and has encouraged youths to live by the slogan "Be Smart, Stay Smart, Don't Start." NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, expresses its appreciation to the many parents and educators involved in these local efforts, a and to United States Surgeon General Antonia C. Novello for her leadership and presence in the community in support of these local efforts; and BE IT FURTHER RESOLVED that during this prom party and graduation season the Board of Supervisors supports and encourages the safety and health of our young citizens and students through the ALCOHOL FREE PARTY CHALLENGE. ACTION NO. A-42391-3 ITEM NUMBER ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 23, 1991 AGENDA ITEM: Adoption of the 1991-92 Fiscal Year Budget COUNTY ADMINISTRATOR'S COMMENTS: ~C~~~ SUMMARY OF INFORMATION: Attached is the 1991-92 Fiscal Year Budget for the County of Roanoke. The changes to the original budget document submitted to the Board of Supervisors on March 26, 1991 are as follows: Revenues Amusement Tax - 5~ Cable TV Franchise Tax - 5~ Sub-Total Revenues Expenditures $ 50,000 48,500 $ 98,500 Elimination of Annual Report $ 15,000 Reduction in Part-Time Staffing - County Assessor 6,000 Elimination of Baseballs for Youth Leagues - Parks & Recreation 7,000 Therapeutics Summer Program to be supplemented by fees 5,000 Other - Parks and Recreation 5,000 Legal Fees - Dixie Caverns 25,000 Reduction in County Debt Service Payments 52,581 Valleypointe 88,000 Reduction in addition to Insurance Reserve 35,896 Sub-Total Expenditures $ 239,477 Total Budget Adjustments $ 337,977 The 1991-92 Fiscal Year Budget totals $155,697,376. This includes the changes outlined above and all interfund transfers. The budget net of interfund transfers is $113,697,569. ~' l STAFF RECOMMENDATION: Staff recommends the adoption of the 199.1-92 Fiscal Year Budget as presented. The next step in the budget process will be the adoption of the Budget Appropriation Ordinance. The first reading will be on May 14, 1991, and the second reading will be on May 28, 1991. Respectfully submitted, Approved by, Reta R. Busher Elmer C. Hodge Director of Management & County Administrator Budget ---------------------------------------------------------------- ACTION Approved (x) Denied ( ) Received ( ) Referred ( ) To Motion by: See Below VOTE No Yes Abs Eddy x Johnson ~. McGraw ~_ Nickens x Robers x Bob L. Johnson motion to adopt budget as presented with $55,435 in vehicles eliminated and reallocated to Board Contingency Fund, and that in December 1991 (12/3/91), staff will prepare an accounting of the status of the budget at that time as well as projections for 1992-93 budget so that mid year adjustments can be made. cc: File John Chambliss, Assistant County Administrator John Hubbard, Assistant County Administrator Don Myers, Assistant County Administrator Reta Busher, Director, Management & Budget Diane Hyatt, Director, Finance Paul Mahoney, County Attorney Keith Cook, Director, Human Resources SUMMARY OF PROPOSED ~~ I 1991-92 BUDGET COUNTY OF ROANOKE, VIRGINIA REVENUES Source Amount General Fund: General Property Taxes $ 48,008,174 Other Local Taxes 13,178,500 Permits, Fees and Licenses 508,000 Fines and Forfeitures 202,500 Charges for Services 294,900 Miscellaneous 264,500 Commonwealth 6.389,350 Total General Fund Budget $ 68,845,924 Debt Service Fund 6,728,889 Youth Haven II Fund 348,722 Internal Service Fund 1,299,511 Capital Projects Fund 325,000 Utility Fund 8,946,579 Offsite Facilities Funds 284,048 Garage II Fund 233,700 Recreation Fee Class Fund 379,765 School Operating Fund 63,229,306 Cafeteria Fund 2,815,000 Federal Programs Fund 1,728,074 Textbook Fund 532,858 Total Budget All Funds $155,697,376 Less: Interfund Transfers (41,999,807) Net Budget $113,697,569 EXPENDITURES Source Amount General Fund: General Government Administration $ 1,324,160 Constitutional Officers 4,991,527 Judicial Administration 186,795 Managemen# Services 2,832,393 Public Safety 6,975,730 Community Services 4,623,381 Human Services 7,260,042 Transfer to Schools 32,882,846 Transfer to Capital Outlay 275,000 Transfer to Debt Service 4,906,193 Transfer to Internal Service 778,670 .,~" Source Amount Transfer to Other Funds 448,887 Non-Departmental 1,310,300 Contingent Balance 50.000 Total General Fund Balance $ 68,845,924 Debt Service Fund 6,728,889 Youth Haven II Fund 348,722 Internal Service Fund 1,299,511 Capital Projects Fund 325,000 Utility Fund 8,946,579 Offsite Facilities Funds 284,048 Garage II Fund 233,700 Recreation Fee Class Fund 379,765 School Operating Fund 63,229,306 Cafeteria Fund 2,815,000 Federal Programs Fund 1,728,074 Textbook Fund 532,858 Total Budget all Funds $155,697,376 Less: Interfund Transfers (41,999.807) Net Budget $113,697,569 M E M O R A N D U M To: Board f Su rvisors ~~ ~~~ From: Elmer C. Hodge Date: April 19, 1991 Subject: Board request for a $400,000 reserve fund Attached is the list of budget cuts required to establish a reserve fund, as directed by the Board during the work session on Tuesday. To achieve the $400,000 reduction without impacting services will be nearly impossible. We have made every effort to absorb the impact. Reductions could be made by across-the-board cuts, but this is not equitable and really does not deal with the issue. The issue really is, "What service does the public want more or less of?" According to our Management and Budget Department, a 1 per cent decrease across the board (of non-personnel items) equates to $100,000. Staff prefers not to make these reductions at this time, but will do so if the Board wishes. We do ask that the Board understand that complaints will result. All too often, communities, departments, districts, and Board members become convinced that everyone else is faring better than they. In reality, we are all feeling the pinch. If we are truly setting the stage for the second-year budget, the message must be taken to the Schools, constitutional officers, and the public as well as other County departments. Programs must be addressed. As such, I am proposing that $200,000 be reserved from the School appropriation and $200,000 from the County. I would also propose that this money be used for a year-end bonus for all employees. Option A identifies $195,089 in reductions from County operations. Should the Board choose to take the entire amount from the County, Option B gets into more severe cuts. In any case, the staff and I have chosen to delay capital and reduce contributions. We prefer not to close the Mount Pleasant and Catawba libraries, but those have per unit costs nearly five times that of the other branches. The Virginia Western donation is really a postponement rather than a cut. Because of State cuts, construction of the Science Building has been delayed. It had been my intention to have a mid-year budget review in December of 1991, and that still should be done. That would give us the rest of the year to prepare for reductions in a more orderly fashion if the economy does not improve. Please advise. ECH/meh Attachment t AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON WEDNESDAY, APRIL 23, 1991 RESOLUTION 42391-4 AMENDING THE POLICY CONCERNING THE APPOINTMENT OF PERSONS TO SERVE UPON CITIZEN BOARDS AND COMMISSIONS; AND ESTABLISHING RESIDENCY REQUIREMENTS FOR APPOINTMENTS BE IT RESOLVED, By the Board of Supervisors of Roanoke County, Virginia: 1. That it is the policy of Roanoke County that the appointment of persons to the various citizen boards and commissions of Roanoke County shall be based upon a consideration of the residency of the appointee. It is hereby declared that it is in the public's interest that appointees to the various citizen boards and commissions serving the public purposes and needs of the residents and taxpayers of Roanoke County shall be residents of the County, and that such consideration serves a valid public purpose. 2. That the appointment of persons to serve upon citizen boards and commissions shall be based upon a consideration of the residency of the appointee, it being the policy of this Board to appoint persons who are bona fide residents of Roanoke County. 3. That the appointment of persons to serve upon citizen boards and commissions shall be based upon a consideration of the residency of the appointee, it being the policy of this Board to appoint persons to achieve a geographic balance so that all magisterial or election districts are represented. 4. That this policy shall apply to all boards and commissions that are appointed within the discretion of the Board of Supervisors of Roanoke County, Virginia. This policy shall not 1 r apply to the appointment of members to boards and commissions, the membership of which is mandated by state or federal statute or regulation or which is established by agreement or contract. 5. That the Board of Supervisors of Roanoke County, Virginia, may in its discretion appoint to these boards and commissions County employees, even though these employees may not be County residents. 6. That the effective date of this amended resolution shall be April 23, 1991. On motion of Supervisor Nickens to adopt resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None A COPY TESTE: }~ . ~'r`J Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Committee Board Paul Mahoney, County Attorney Liaison to Committees, Commission, & Boards Mary Hicks, Executive Secretary 2 ACTION NO. ITEM NO . ~' pC. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 23, 1991 AGENDA ITEM: Resolution amending the policy concerning the appointment of persons to serve upon citizen boards and commissions; and establishing residency requirements for all appointments ,/ COUNTY ADMINISTRATOR' S COMMENTS : ~ (~ ~^"~~`-~~ EXECUTIVE SUMMARY• Adoption of a resolution amending the policy establishing a residency requirement for the appointment of citizen boards and commissions. SUMMARY OF INFORMATION: On September 12, 1990, the Board adopted a resolution establishing a policy that all appointments to citizen boards and commissions be based upon the residency of the appointee. At its meeting of April 9, 1991, the Board directed the County Attorney to prepare an appropriate resolution amending the policy of the Board of Supervisors of Roanoke County, Virginia, concerning the appointment of persons to serve upon citizen boards and commissions. This amendment would relax this policy directive to appoint only County residents to citizen boards and commissions by authorizing appointment of County staff to these boards and commissions, even though County staff may not be County residents. Attached is a draft resolution which accomplishes the purpose of this directive. ALTERNATIVES• (1) Adopt the attached resolution amending the previously adopted policy resolution. (2) Repeal the resolution adopted September 12, 1990. 1 ~~ (3) Retain the resolution adopted September 12, 1990, unchanged. STAFF RECOMMENDATION: Staff recommends that the Board consider the adoption of the attached resolution. Respectfully submitted, r Paul M. Mahoney County Attorney Action Approved ( ) Denied ( ) Received ( ) Referred to Motion by Eddy Johnson McGraw Nickens Robers Vote ~' No Yes Abs 2 Ji - ~. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON WEDNESDAY, APRIL 23, 1991 RESOLUTION AMENDING THE POLICY CONCERNING THE APPOINTMENT OF PERSONS TO SERVE UPON CITIZEN BOARDS AND COMMISSIONS; AND ESTABLISHING RESIDENCY REQUIREMENTS FOR APPOINTMENTS BE IT RESOLVED, By the Board of Supervisors of Roanoke County, Virginia: 1. That it is the policy of Roanoke County that the appointment of persons to the various citizen boards and commissions of Roanoke County shall be based upon a consideration of the residency of the appointee. It is hereby declared that it is in the public's interest that appointees to the various citizen boards and commissions serving the public purposes and needs of the residents and taxpayers of Roanoke County shall be residents of the County, and that such consideration serves a valid public purpose. 2. That the appointment of persons to serve upon citizen boards and commissions shall be based upon a consideration of the residency of the appointee, it being the policy of this Board to appoint persons who are bona fide residents of Roanoke County. 3. That the appointment of persons to serve upon citizen boards and commissions shall be based upon a consideration of the residency of the appointee, it being the policy of this Board to appoint persons to achieve a geographic balance so that all magisterial or election districts are represented. 4. That this policy shall apply to all boards and commissions that are appointed within the discretion of the Board of Supervisors of Roanoke County, Virginia. This policy shall not 3 ~ -,z apply to the appointment of members to boards and commissions, the membership of which is mandated by state or federal statute or regulation or which is established by agreement or contract. 5. That the Board of Supervisors of Roanoke County, Virginia, may in its discretion appoint to these boards and commissions County employees, even though these employees may not be County residents. 6. That the effective date of this amended resolution shall be April 23, 1991. 4 ,~ ;~. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 23, 1991 RESOLUTION 42391-5 EXPRESSING DISAPPROVAL TO THE VIRGINIA HOUSING DEVELOPMENT AUTHORITY OF THE PROPOSED MULTI- FAMILY RESIDENTIAL HOUSING DEVELOPMENT KNOWN AS THE ORCHARD GROVE APARTMENTS WHEREAS, the Virginia Housing Development Authority is considering the financing of a multi-family residential housing development to be situated in Roanoke County; and WHEREAS, pursuant to Section 36-55.39 (B) of the Code of Virginia, the Virginia Housing Development Authority is required to request from the governing body of the locality a Certificate of Approval or Disapproval and certified resolution expressing its approval or disapproval; and WHEREAS, the Planning Director for Roanoke County reviewed the development proposal for Orchard Grove Apartments and determined that this project appears to conform to the County's zoning and subdivision regulations; however, this project does not conform to comprehensive plan policies pertaining to development in this area. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, does hereby express its disapproval of the proposed multi-family residential housing development known as the Orchard Grove Apartments; and BE IT FURTHER RESOLVED that a certified copy of this resolu- tion be sent to the Virginia Housing Development Authority inform- ing them of the Board of Supervisors disapproval of the proposed development project. 1 On motion of Supervisor Johnson to adopt certification of disapproval and resolution expressing disapproval, and carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None A COPY TESTE: `n'~~j~' „~ - Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Terry Harrington, Director, Planning & Zoning Arnold Covey, Director, Development & Inspections John Willey, Director, Real Estate Assessment 2 ~~.~ CERTIFICATION OF DISAPPROVAL In accordance with Virginia Code Section 36-55.39(B), the Board of Supervisors of the County of Roanoke Virginia, hereby certifies to the Virginia Housing Development Authority its disapproval of the proposed multi-family residential housing development called nrrha_rd Grove Apartment as expressed in its resolution duly adopted on April 23 19_91., a certified copy of which is attached hereto. Optional: Such development is disapproved for the following reasons: Board of Supervisors-of Roanoke County Virginia BY : ~f , ~~c.-- Steven A. McGraw Its Chairman ACTION NO. ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 23, 1991 AGENDA ITEM: VHDA Certification for Orchard Grove Apartments Crumpacker Drive at Alternate 220 COUNTY ADMINISTRATOR'S COMMENTS: /~ ~~~ BACKGROUND: Fralin and Waldron Development Corporation plans to construct a sixty (60) unit apartment project on a seven acre site on Crumpacker Drive, in the Bonsack area of Roanoke County. They have submitted a financing package to the Virginia Housing Development Authority, under VHDA's Multi-Family Loan Program. A requirement of this program is that Roanoke County issue a certification of approval or disapproval for the project. A certification of disapproval would prohibit the VHDA's financing of this project under this program. Staff has evaluated this request against the project criteria established in 1989 for these type of are grouped into two main categories; projects. These criteria and Subdivision laws, and (2) Conformance withoComprehensiveoPlan Policies. A summary of these evaluations is attached to this report. The project appears to conform to applicable zoning and subdivision regulations. Although we do not have an t concept plans for the project, we assume that local design codes can be met. The seven acre tract is part of a lar er is zoned R-3 Multi-Family Residential. Most of the vacantrpropertt in this area was zoned R-3 in 1972 at the request of Fralin and Waldron. The project lies within two Comprehensive Plan land use designations: Development and Neighborhood Conservation. Most of the property is within the Development category, with a small portion designated Neighborhood Conservation. All of the nearby 7J3 subdivisions such as The Orchards and Hunt Ridge are designated Neighborhood Conservation. The project does not conform to four of our Comprehensive Plan policies pertaining to development in this area. These four policies are discussed in detail in the attached information. In summary, the project appears to violate policies pertaining to innovation in design, desirable land use types, the protection of residential neighborhoods, and the avoidance of significantly different densities. Roanoke County must respond to VHDA by May 12, 1991. A certification of disapproval for this project will not prohibit construction of these proposed apartments. The land is properly zoned for this use. Only administrative review of the development plans is required. Disapproval will affect the method with which these units can be financed, and thus, may affect the timing of the project or the resultant character of the improvements. A certificate of approval will allow Fralin and Waldron to further pursue their chosen financing option, and allow the project to proceed within the time line planned by the developer. ALTERNATIVES 1. Approve the Certification of Disapproval indicating that the proposed project violates four Comprehensive Plan policies. 2. Approve the Certification of Disapproval without giving reasons for our action. (Allowable under VHDA guidelines.) 3. Approve the Certification of Approval. STAFF RECOMMENDATION: Staff recommends as follows: 1. Alternative 1: Although the property is properly zoned for the proposed use, the use will violate Comprehensive Plan policies that pertain to the Bonsack area. If this property was proposed to be rezoned to multi-family, the staff would recommend against the request. A Certification of Disapproval will be an indication to VHDA, that the proposal is not a desirable land use type or design for this area of the County. -3 Respectfully Submitted, Terrance L. Har in n, AICP Director of Plann'ng and Zoning Approved, .~~an•~/ ~~ / ~ ~~ Elmer C. Hodge County Administrator Action Approved Denied Received Ref erred to Motion by Eddy Johnson McGraw Nickens Robers Vote No Yes Abs J~ -3 TO: Terry Harrington FROM: Janet Scheid ,~- ,~.-~ DATE: April 17, 1991 SUBJECT: Review of Multi-family Development Proposal from Virginia Housing Development Authority I have reviewed this proposal for conformance with the local zoning and subdivision regulations and policies of the 1985 Roanoke County Comprehensive Plan. I do not have a concept plan for this project so I have not been able to conduct a detailed review of site development. Therefore, I have had to make certain assumptions. For example, one evaluation criteria is that the site be on a legal lot of record that conforms to all subdivision standards. This particular site is a portion of a legal lot of record and due to its size, location, etc. could be subdivided in such a way as to conform to all Roanoke County subdivision standards. I have therefore made the assumption that the site will be subdivided in such a way and determined that this project conforms with this criteria. The proposed site, approximately 7 acres, falls within two land use designations of the 1985 Comprehensive Plan - Neighborhood Conservation and Development. I have evaluated this proposal against the criteria contained in the attached VHDA checklists. This project does not conform to four of the land use policies found in the Comprehensive Plan. These policies are discussed in more detail below: 1. Develo ment Polic D-2: Encoura a Innovation in Desi n on Land Desi nated Develo ment Development Policy D-2, found on page 41 of the Comprehensive Plan, encourages innovations in land development and building designs. Specifically, the Plan recommends the use of cluster housing and zero lot line developments. These innovations are not seen in the proposed project. 2. Nei hborhood Conservation Criteria II.A: Com rehensive Plan Desirable Land Use T e A small portion of the project (approximately .5 acre) is located in an area designated Neighborhood Conservation in the 1985 Comprehensive Plan. portion of the project borders Crumpacker Drive. Thin addition, this proposed project is across Crumpacker from the Orchards Subdivision which is designated Neighborhood Conservation. Multi-family development is not a desirable land use type in this designation. J -~ 3. Neighborhood Conservation Policv NC-1: Protect Residential Neighborhoods Neighborhood Conservation Policy NC-1, found on page 34 of the Comprehensive Plan, seeks to protect residential neighborhoods from disruptive impacts of land use changes. The intent of this policy is to prevent encroachment of incompatible land uses and to protect residential property values. As described, this project could be incompatible with the existing single family detached neighborhood. 4. Neighborhood Conservation Policy NC-7: Avoid Significantly Different Density Neighborhood Conservation Policy NC-7, found on page 36 of the Comprehensive Plan, seeks to avoid development that has a significantly different density, size, height, or scale from adjacent residential development. The Orchards has a housing density of approximately 3-4 housing units per acre. The proposed multi-family project would have a density of approximately 8.5 housing units per acre. ~3 EVALUATION CHECKLIST VHDA Conventional Multi-Family Loan Program The purpose of this checklist is to evaluate projects for which applications have been submitted for financing under VHDA's Multi-Family Loan Program. Conformance with locally adopted zoning and subdivision standards and with the 1985 Comprehensive Plan designations, guidelines and policies will be evaluated. The Zoning Administrator of Roanoke County (Administrator) shall have the responsibility for evaluating a project and making a recommendation to the Chairman of the Board of Supervisors (Chairman) on whether or not a project substantially conforms to the criteria. The Administrator shall provide a narrative statement that explains any determination that a project does not conform to any or all of the criteria. The Chairman shall consider the recommendation of the Administrator prior to filing with VHDA a certification of approval or disapproval for any project. Upon receipt of the Administrator's recommendation, the Chairman may refer any project to the Board for action prior to such time that a certification is filed with VHDA. -3 PROJECT NAME: ORCHARD GROVE APARTMENTS LOCATION: CRUMPACKER DRIVE IN ROANOKE COUNTY PROJECT PROJECT CONFORMS DOES NOT CONFORM N/A I. Zoning and Subdivision Regulations. A. Site is on a legal lot of record and conforms to all applicable Roanoke County subdivision standards. X B. Site is properly zoned for the proposed use and conforms to all applicable zoning regulations. X II. 1985 Comprehensive Plan Designation: DEVELOPMENT - approximately 6.5 acres A. Conformance with Comprehensive Plan Desirable Land Use Type. X B. Conformance with Comprehensive Plan Land Use Policies as listed below: Policy 1: MANAGE RATE OF GROWTH X Policy 2: ENCOURAGE INNOVATION Policy 3: ENCOURAGE CLUSTERING Policy 4: PROVIDE DENSITY BONUS Policy 5: ENCOURAGE DIVERSITY X Policy 6: ENCOURAGE MIXED USES Policy 7: PROVIDE RECREATION X Policy 8: PERMIT MULTI-FAMILY X X X X X Policy 9: ACCESS TO ROADS X -3 PROJECT NAME: ORCHARD GROVE APARTMENTS LOCATION: CRUMPACKER DRIVE IN ROANOKE COUNTY PROJECT PROJECT CONFORMS DOES NOT CONFORM I. Zoning and Subdivision Regulations. A. Site is on a legal lot of record and conforms to all applicable Roanoke X County subdivision standards. _ B. Site is properly zoned for the proposed use and conforms to all applicable X zoning regulations. _ II. 1985 Comprehensive Plan Designation: NEIGHBORHOOD CONSERVATION - ~proximately .5 acre A. Conformance with Comprehensive Plan Desirable Land Use Type. B. Conformance with Comprehensive Plan Land Use Policies as listed below: Policy 1: PROTECT NEIGHBORHOODS Policy 2: PROVIDE SCREENING Policy 3: ENCOURAGE REHABILITATION Policy 4: OPEN SPACE Policy 5: ENCOURAGE INFILL Policy 6: RECREATION FACILITIES Policy 7: DIFFERENT DENSITIES X X N/A X X X Policy 8: EXCEPTIONAL DESIGN X x .~-3 PROJECT PROJECT CONFORMS DOES NOT CONFORM N/A C. Conformance to Resource Protection Guidelines and Policies: 1. Open Space X 2. Watershed X 3. Groundwater Recharge X 4. Critical Slope X 5. Floodplain and Drainage X 6. River/Stream and Lake X 7. Woodlands X 8. Prime Agricultural Lands X 9. Historical and Archaeological X 10. Unique Areas X 11. Air Quality X Certification: I, /ERRO.vG6 ~ ~,OR?~wGTpnJ certify that this project m OES NOT substantially conform to these evaluation criteria and reco end that the Chairman oard of Supervisors file a certification of ( DISAPPROVAL) with VHDA. .~~_ Zoning Administrator .~ ~_ ~ CERTIFICATION OF APPROVAL In accordance with Virginia Code Section 36-55.39(B), the Board of Supervisors of the County of Roanoke Virginia, hereby certifies to the Virginia Housing Development Authority its approval of the proposed multi-family residential housing development called as expressed in its resolution duly adopted on 19 , a certified copy of which is attached hereto. Board of Supervisors of By: Virginia Its Chairman J -~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 23, 1991 RESOLUTION EXPRESSING DISAPPROVAL TO THE VIRGINIA HOUSING DEVELOPMENT AUTHORITY OF THE PROPOSED MULTI-FAMILY RESIDENTIAL HOUSING DEVELOPMENT KNOWN AS THE ORCHARD -GROVE APARTMENTS WHEREAS, the Virginia Housing Development Authority is considering the financing of a multi-family residential housing development to be situated in Roanoke County; and WHEREAS, pursuant to Section 36-55.39 (B) of the Code of Virginia, the Virginia Housing Development Authority is required to request from the governing body of the locality a Certificate of Approval or Disapproval and certified resolution expressing its approval or disapproval; and WHEREAS, the Planning Director for Roanoke County reviewed the development proposal for Orchard Grove Apartments and determined that this project appears to conform to the County's zoning and subdivision regulations; however, this project does not conform to comprehensive plan policies pertaining to development in this area. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, does hereby express its disapproval of the proposed multi-family residential housing development known as the Orchard Grove Apartments; and BE IT FURTHER RESOLVED that a certified copy of this resolu- tion be sent to the Virginia Housing Development Authority informing them of the Board of Supervisors disapproval of the proposed development project. 1 rf !~ ~ March 13, 1991 ~~ /~,r~~. V ,yA"" Steven A. McGraw, Chairman Board of Supervisors County of Roanoke P. O. Box 29800 Roanoke, VA 24018-0798 RE: Orchard Grove Apartments County of Roanoke Dear Chairman McGraw: ~' Pursuant to Section 36-55.39(B) of the Code of Virginia, a copy of which is enclosed, you are hereby notified that the Virginia Housing Development Authority is considering the financing of the multi-family residential housing development described in the enclosed Attachment "A", which is to be situated in your locality. Should you desire additional information regarding the development proposal, please contact Mr. Ronald E. Sweeney, Senior Vice President Sovran Mortgage Corp., P. O. Box 466, Richmond, VA 23203-0466. If you desire to disapprove the development proposal, you may do so by certifying to the Authority in writing within sixty days of the date hereof. A certified copy of any resolution disapproving the development proposal should accompany the above certifi- cation. We would ask that any such certification be in the form attached hereto though the statement of any reasons for your action is optional. You will note that Section 36-55.39(B) also provides that the governing body of a locality may, by resolution, approve the proposed housing development. If you desire to approve the development, we would ask that such approval be in the form attached hereto. A certified copy of the resolution approving the development must accompany the approval form. Very truly yours, ohn F. Hasti gs Senior Development Officer cc: Ronald E. Sweeney Elmer C. Hodge, County Administrator „~ ` 3 ATTACHMENT `A' The proposed development will consist of approximately 60 units of rental housing to be financed under Virginia Housing Development Authority's Conventional Multi-Family Loan Program and situated on approximately 6.5 acres located on Crumpacker Drive at U. S. Alt. Route 220 in the County of Roanoke. J~-3 § 36-55.39. Procedure prior to financing of housing developments undertaken by housing sponsors. - A. Notwithstanding any other provision of this chapter, HDA is not empowered to finance any housing development undertaken by a housing sponsor pursuant to §§ 36-55.31, 36-55.33:1 and 36-55.34:1 of this chapter unless, prior to the financing of any housing development hereunder, HDA finds: 1. That there exists a shortage of decent, safe and sanitary housing at rentals or prices which persons and families of low income or moderate income can afford within the general housing market area to be served by the proposed housing development. 2. That private enterprise and investment have been unable, without assistance, to provide the needed decent, safe and sanitary housing at rentals or prices which persons or families of low and moderate income can afford or to provide sufficient mortgage financing for residential housing for occupancy by such persons or families. 3. That the housing sponsor or sponsors undertaking the proposed housing development in this Commonwealth will supply well-planned, well-designed housing for persons or families of low and moderate income and that such sponsors are financially responsible. 4. That the housing development, to be assisted pursuant to the provisions of this chapter, will be of public use and will provide a public benefit. 5. That the housing development will be undertaken within the authority conferred by this chapter upon HDA and the housing sponsor or sponsors. B. HDA shall also find, in connection with the financing of the new construction or substantial rehabilitation of any proposed multi-family residential housing development, that the governing body of the locality in which such housing development is to be located has not, within sixty days after written notification of the proposed financing has been sent the governing body by HDA, certified to HDA in writing its disapproval of the proposed multi-family residential housing development. If the governing body of the locality has so certified its disapproval to HDA, the governing body may revoke such certification of disapproval at any time by written notice to HDA, and upon receipt of such written notice, HDA shall, for the purpose of making the finding required by this subsection, disregard such certification of disapproval. Furthermore, no finding need be made under this subsection if HDA shall have received from the governing bod}~ its certified resolution approving the proposed housing development. (1972, c. 830; 1975, c. 536; 1978, c. 297; 1982, c. 175; 1990, c. 461.) CERTIFICATION OF APPROVAL In accordance with Virginia Code Section 36-55.39(B), the Board of Supervisors of the County of Virginia, hereby certifies to-the Virginia Housing Development Authority its approval of the proposed multi-family residential housing development called as expressed in its resolution duly adopted on 19 , a certified copy of which is attached hereto. Board of Supervisors of By: Virginia Its Chairman ACTION # A-42391-6 ITEM NUMBER~_~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 23, 1991 SUBJECT: Pay Supplement for County Employees Called to Active Reserve Duty During the Persian Gulf War. COUNTY ADMINISTRATOR ~ S COMMENTS : ~~~..,;~,~ „~„.~.t cx,,ra.A. {~ c,,/~r~.. i '/ --gyn. ,C~ .c~~Ct~l~ ~r-.^._~+z./ -Jf ~-~.,c~c-~4~' `;~° v~Lc.~c.~~-v~~~ry'L~r~.~r CL.`'_Jc/%r'T.'-~ ~r BACKGROUND INFORMATION: Chairman McGraw has requested that staff investigate the possibility of providing increased benefits and/or recognition for the military reservists who were called to active duty during the Persian Gulf crisis. SUMMARY OF INFORMATION: Staff has reviewed a variety of options for recognizing the seven employees who had to leave their positions here in the County for military duty. When the County employees who have been in the service return, it would be appropriate to publicly thank them at a Board meeting. The four Valley governments are also sponsoring a parade in honor of the service men and women of the Roanoke Valley on Memorial Day. In addition to these measures, the County could pay these employees the differential between their current salary and the pay which they received for service during the crisis, or to restore vacation time for those that opted to take annual leave. The City of Roanoke recently announced that it will implement this policy, and it appears to be an equitable way to reward the men and women who had to leave their homes, families and jobs. The funds are available in the departmental payroll accounts, as those departments have not been paying these salaries for the period that the employees have been gone. FISCAL IMPACT: Staff has estimated that this benefit would cost approximately $10,000.00 RECOMMENDATION: Staff recommends that-the Board authorize payment of this salary differential or restoration of annual leave to the County employees who were called to active duty during the Persian Gulf War. ~C~~,~ ANNE MARIE GREEN PUBLIC INFORMATION OFFICER ACTION Approved (x) Denied ( ) Received ( ) Referred To Motion by: Harry C. ccc: File i.~ ///~// /- ELMER C. HODGE COUNTY ADMINISTRATOR VOTE Nickens No Yes Abs Eddy x Robers x Johnson x Nickens x McGraw x Anne Marie Green, Public Information Officer Keith Cook, Director, Human Resources Reta Busher, Director, Management & Budget Diane Hyatt, Director, Finance 1 ACTION NO. ITEM NO. ~ ~ ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 23, 1991 AGENDA ITEM: Requests for Public Hearing and First Reading for Rezoning Ordinances Consent Agenda COUNTY ADMINISTRATOR' S COMMENTS : ~ ~~,~-~'-'"'b"`~'~( BACKGROUND• The first reading on these ordinances is accomplished by adoption of these ordinances in the manner of consent agenda items. The adoption of these items does not imply approval of the substantive content of the requested zoning actions; rather approval satisfies the procedural requirements of the County Charter and schedules the required public hearing and second reading of these ordinances. The second reading and public hearing on these ordinances is scheduled for May 28, 1991. The titles of these ordinances are as follows: 1. An ordinance to rezone 1.465 acres from M-1 to M-2 to operate a highway construction office and shop for maintenance and storage of heavy equipment, located at 7537 Milk-A-Way Drive, Hollins Magisterial District upon the petition of Carter M. Coffey Action Contracting Co., Inc. 2. An ordinance to rezone 1.13 acres from R-1 to B-1 to construct an addition to office building, located on the southwesterly side of Route 419, north of Grandin Road Extension, Windsor Hills Magisterial District upon the petition of Gofland Limited. STAFF RECOMMENDATION: Staff recommends as follows: (1) That the Board approve and adopt the first reading of these rezoning ordinances for the purpose of scheduling the second reading and public hearing for May 28. 1991. ~-..~ ~ 2 (2) That this section of the agenda be, and hereby is, approved and concurred in as to each item separately set forth as Items 1 through 2, inclusive, and that the Clerk is authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this action. Respectfully submitted, \~~ M1J.. C rr. -~ ~. ~ 1 `~ ~ ~ ~.~ ..~, 1 J~ ~ ~ ~V'~ Paul M. Mahoney County Attorney Action Approved ( ) Denied ( ) Received ( ) Referred to Motion by Eddy Johnson McGraw Nickens Robers Vote No Yes Abs f ~ ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT TTUESDAyORAPRILN23,A1991ISTRATION CENTER ON ORDINANCE 42391-7 AUTHORIZING THE LEASE OF 10.40 ACRES OF REAL ESTATE TO FREDERICK A. AND REBECCA FAY MAHONE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading concerning the disposition of the hereinabove-described real estate was held on April 9, 1991. The second reading on this matter was held on April 23, 1991; and 2. This property consists of approximately 10.40 acres of real estate with improvements identified as Roanoke County Tax Map No. 73.00-1-6; and 3. That it is in the County's best interests to lease this property to Frederick A. and Rebecca Fay Mahone in order to safeguard the valuable improvements thereon and to receive fair market value lease payments until such time as it may be necessary to utilize said property in connection with the Spring Hollow Reservoir Project. This lease is subject to the provisions of Section 15.1-260 and Section 15.1-261.1 of the Code of Virginia, 1950, as amended; and 4. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish this transaction, all of which shall be upon a form approved by the County Attorney. f On motion of Supervisor Nickens to adopt ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Paul Mahoney, County Attorney John Hubbard, Assistant County Administator John Willey, Director, Real Estate Assessment r--- ~., ACTION # ITEM NUMBER ~, ,~._ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER MEETING DATE: April 23, 1991 AGENDA ITEM: Ordinance authorizing the lease of 10.40 acres of real estate to Frederick A. Mahone and Rebecca Fay Mahone COUNTY ADMINISTRATOR'S COMMENTS: -' ~'~ BACKGROUND' On June 17, 1986, the Board of Supervisors authorized the County Administrator to exercise an option to acquire a 10.40-acre tract of real estate with improvements identified as Roanoke County Tax Map No. 73.00-1-6. This property was acquired for the Spring Hollow Reservoir Project for the purchase price of $95,400. John D. Willey currently leases the property but has given notice of his intention to terminate the lease pursuant to paragraph 3 of the lease agreement between the County and Mr. Willey. SUMMARY OF INFORMATION: Frederick A. and Rebecca Fay Mahone desire to lease the property from the County. Staff has determined a fair market value rental for the premises and has negotiated a lease agreement. It is in the County's best interests to lease this property to safeguard the valuable improvements thereon and to receive fair market value lease payments until such time as the County deems it necessary to utilize the property. Any lease of County real estate must be accomplished by ordinance. The first reading of the proposed ordinance was held on April 9, 1991; the second reading will be held on April 23, 1991. ....-~ /~ ALTERNATIVES AND FISCAL .IMPACT: 1. Authorize the County Administrator to execute the lease agreement on behalf of Roanoke County, which shall be upon form approved by the County Attorney. Revenue for the term of the lease will be $350 per month. 2. Do not lease the property at this time. STAFF RECOMMENDATION: Staff recommends that the Board authorize the County Administrator to execute the lease agreement. Respectfully submitted, rr~~r .~, Paul M. Mahoney County Attorney Approved Denied ( ) Received Referred to ACTION Motion by: VOTE Eddy Johnson McGraw Nickens Robers No Yes Abs .~- / AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 23, 1991 ORDINANCE AUTHORIZING THE LEASE OF 10.40 ACRES OF REAL ESTATE TO FREDERICK A. AND REBECCA FAY MAHONE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading concerning the disposition of the hereinabove-described real estate was held on April 9, 1991. The second reading on this matter was held on April 23, 1991; and 2. This property consists of approximately 10.40 acres of real estate with improvements identified as Roanoke County Tax Map No. 73.00-1-6; and 3. That it is in the County's best interests to lease this property to Frederick A. and Rebecca Fay Mahone in order to safeguard the valuable improvements thereon and to receive fair market value lease payments until such time as it may be necessary to utilize said property in connection with the Spring Hollow Reservoir Project. This lease is subject to the provisions of Section 15.1-260 and Section 15.1-261.1 of the Code of Virginia, 1950, as amended; and 4. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish this transaction, all of which shall be upon a form approved by the County Attorney. ~ ._ ~~~ AT A REGULAR MEETING OF THE BO OKE OC UNTY RADMINISTRAT ONOCENTER NTY, VIRGINIA, HELD AONTTUESDAY, APRIL 23, 1991 ORDINANCE 42391_g TO ITARY SEW RIEASEMENT ACROSSS LOTA6D, TO ACQUIRE A NEW SAN OWNED BY DEMETRIOS T. LUWANA CORPORATION DIVISION, HERODOTOU AND MALGORZATA R. HERODOTOU WHEREAS, by Deed dated August 10, 1978, and recorded in the Clerk's Office of the Circuit Court of Roanoke County in Deed Book 1100, page 600, Charles R. Simpson, Inc. conveyed unto the Roanoke County Public Service Authority (predecessor to the Board of Supervisors of Roanoke County, Virginia) a sewer system, including a 15' sanitary sewer easement across Lot 6, as shown on the Survey for Luwana Corporation of record in said Clerk's Office in Deed Book 1052, page 600; and, WHEREAS, Demetrios T. Herodotou and Malgorzata K. Herodotou have requested that the Board of Supervisors of Roanoke County, Virginia, vacate the existing sanitary sewer easement and accept a new 15' sanitary sewer easement in exchange to reduce the extent of encroachment by the residence upon the easement; and, WHEREAS, Mr. and Ms. Herodotou have agreed to certain conditions with respect the easement relocation and the exchange meets the requirements of the Utility Department. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1, That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on April 9, 1991; and a second reading was held on April 23, 1991; and, 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject real estate (easement) is hereby declared to be surplus and the nature of the interest in real estate renders it unavailable for other public uses; and, 3. That the 15' sanitary sewer easement across the property of Demetrios T. Herodotou and Malgorzata K. Herodotou in the Windsor Hills Magisterial District of Roanoke County and designated as "15' SANITARY SEWER EASEMENT D.B. 1052, PG. 592" on the Plat for Bum Suh and Byung Hee Park Showing A 15' Sanitary Sewer Easement To Be Vacated..., surveyed December 28, 1990, by Balzer and Associates, Inc., be, and hereby is, vacated; and, 4. That, in exchange, acquisition of a new easement across said property and designated as "15' SANITARY SEWER EASEMENT" on the Plat for Bum Suh and Byung Hee Park Showing A 15' Sanitary Sewer Easement To Be Dedicated..., surveyed December 28, 1990, by Balzer and Associates, Inc., be and hereby is, approved; and, 5. That, as a condition to the adoption of this ordinance, all costs and expenses associated herewith shall be the responsibility of Demetrios T. Herodotou and Malgorzata K. Herodotou, their heirs, successors or assigns; and, 6. That, as a further condition to the adoption of this ordinance, the Board of Supervisors of Roanoke County shall be indemnified of and held harmless from and against all claims for damages to any improvements or structures within either the old or new easement area by Demetrios T. Herodotou and Malgorzata K. Herodotou, their heirs, successors or assigns; and, 6. That the County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to accomplish this vacation and acquisition, all of which shall be on form approved by the County Attorney. On motion of Supervisor Eddy to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Development & Inspections Terry Harrington, Director, Planning & Zoning George Simpson, Assistant Director, Engineering Cliff Craig, Director, Utilities ACTION NO. ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 23, 1991 AGENDA ITEM: ORDINANCE TO VACATE A SANITARY SEWER EASEMENT AND TO ACQUIRE A NEW SANITARY SEWER EASEMENT ACROSS LOT 6, LUWANA CORPORATION DIVISION, OWNED BY DEMETRIOS T. HERODOTOU AND MALGORZATA K. HERODOTOU COUNTY ADMINISTRATOR' S COMMENTS : °° `''"`~'~~ „" " U EXECUTIVE SUMMARY This is the second a certain sanitary sewe to acquire in exchange (15') in width, across in the Windsor Hills Virginia, and owned by Herodotou. BACKGROUND• reading of the proposed ordinance to vacate r easement, fifteen feet (15' ) in width, and a new sanitary sewer easement, fifteen feet Lot 6, Luwana Corporation Division, located Magisterial District of Roanoke County, Demetrios T. Herodotou and Malgorzata K. By Deed dated August 10, 1978, and recorded in the Clerk's Office of the Circuit Court of Roanoke County in Deed Book 1100, page 600, Charles R. Simpson, Inc. conveyed unto the Roanoke County Public Service Authority (predecessor to the Board of Supervisors of Roanoke County, Virginia) the sewer system for Lots 1, 2, 3, 4, 5, and 6 as shown on the Survey for Luwana Corporation of record in said Clerk's Office in Deed Book 1052, page 600. Said conveyance included the subject 15' sanitary sewer easement across Lot 6 of Luwana Division, on Sheila Lane. SUMMARY OF INFORMATION: Demetrios T. Herodotou and Malgorzata K. Herodotou are the current owners of the parcel of land over which the subject easements are located. Mr. and Ms. Herodotou, the petitioners, have requested that the Board of Supervisors vacate the existing sanitary sewer easement and accept a new easement in exchange to reduce the extent of encroachment by the residence upon the easement. This exchange does not involve relocation of the ~~ existing lines. As a condition to the adoption of this proposed ordinance, the Petitioners have agreed, on behalf of themselves, their heirs, successors or assigns, to be responsible for all costs and expenses associated herewith. Mr. and Ms. Herodotou further agree that the Board of Supervisors of Roanoke County shall be indemnified of and held harmless from and against all claims for damages to any improvements or structures within either the old or new easement area. The easement to be vacated is designated as "15' SANITARY SEWER EASEMENT D.B. 1052, PG. 592" on the Plat for Bum Suh and Byung Hee Park Showing A 15' Sanitary Sewer Easement To Be Vacated..., surveyed December 28, 1990, by Balzer and Associates, Inc. (See Exhibit A attached.) The easement to be acquired is designated as "15' SANITARY SEWER EASEMENT" on the Plat for Bum Suh and Byung Hee Park Showing A 15' Sanitary Sewer Easement To Be Dedicated..., surveyed December 28, 1990, by Balzer and Associates, Inc. (See Exhibit B attached.) The subject easements are roughly equivalent and the proposed new easement meets the requirements of the Utility Department. County staff has no objections to the easement relocation and exchange. FISCAL IMPACTS• None STAFF RECOMMENDATION: Staff recommends that the Board adopt the proposed ordinance to vacate the sanitary sewer easement and to acquire the proposed new sanitary sewer easement, subject to the above-described conditions agreed to by the Petitioners. Respectfully submitted, Vickie Hu m Assistant County Attorney Action vote No Yes Abs Approved ( ) Denied ( ) Received ( ) Referred to Motion by Eddy Johnson McGraw Nickens Robers .~.~ EXHIBIT A I~.I 1.1 ~ .~ l.7 r,m~~,n ~~~~o~ '~ •. ~. ,n / ~I .n OO~L~ ^ V: L~ W ~ ti ~~ V M V d ~ ~ ~ ~ \ V v h b v Q V ~ Oh N o lJ Zv Q~ V V ~ % ~.: O. •.i -L mil, ~Q ~> ;,: ~, W i 1 ~~ ti rJ n ~ ~ ~ n i 1O y , _~ . i . ~ ~~ p 1~ „ F• i p~ ~ w I V ~ V rnU~a V ~ ~ ~I MO~~ 3 1n H J ON ~O K rc~ `~ I M ° g N o N i~ ao Eu ~ ~I o. p .n a ~~~~ .. ~ ~, o o .~ ` . 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O ~ pY.~ Y.H~ ~ s (((«(aJJJJJJ O Qzzo Q N P~~ ~~ ~ H Z 6 a ~ ~~LLs ~~~~~~ in o•Lnit~S~~ ~~ c ~~L"1 o~w~~Fd . mmo . r~ L,;ow~ E55 ~~'a°~ s I`j QQ y~O T yy ~H ~d Ga F~'S~ L/L n. WOI ..~ . - N ~ o ,n .v ~~ ~' ~ EXHIBIT .F3 aY,Y. ~~ ~~ ~`... ,~:.. W W ::: 3 rlti O•~O ~ ~.J M ~ l7 rp'1 /1 N V1 ' SJ/~V~ /„/\/d~ i V1NhVl ~VO1 ~!/ Yr O ~- ~_ ail y vii w vii ~,-~a~a .st,~- .~~1 i .~ I ` V .lI 1C~ pp p ~ ~ i1 'r;OmS I, a ~ .i~'.+~ h ° W ~° zy ~ ~ ~ r 0 4 ,~eL zz o `,loma,u ~. ~~d..,, 00 W ,n ti N N l/~ Oy V ~ A F, ~ k7 ~Ny~ n O ~C 'I ~ 3 Q ~j r~ ti V I ~ (7 ~ {v~ m23~O0•v ~ wpoa~~ > p ' V~ 3 ~ Z -"7 4I9N~iO p~ ~ 'N i1,H~ <n~F-~. O• I O1 ~ m ~ v~ O,°vi-+ pip[ E{! Q N 1-! ~~ ~~ a cyV~~~ ~M ~fHO 4 f9~~ l+G. f' o .. 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Vl V ~ O I q1 c ~' ~ a ~'J '~ 7~ ~ N N ? 4 Ze ~~J~ ~ ~ G 'o" ~ I [ :L .. :J ~" s I ~~ '~ ~~ veo~0~ Q s a.9 ~~p3 ~ NNQ+1~C~ _ v 0 C w ° ~T[~af- '. . w .p oo ~~ I(89 ~ ~ ~ ~Er~F~ ~ i L;~_~~ o %~ w '~ Iw ~ V ~ ~ , , ' • ' .S~' Z~ ~J i w 40 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 23, 1991 ORDINANCE TO VACATE A SANITARY SEWER EASEMENT AND TO ACQUIRE A NEW SANITARY SEWER EASEMENT ACROSS LOT 6, LUWANA CORPORATION DIVISION, OWNED BY DEMETRIOS T. HERODOTOU AND MALGORZATA K. HERODOTOU WHEREAS, by Deed dated August 10, 1978, and recorded in the Clerk's Office of the Circuit Court of Roanoke County in Deed Book 1100, page 600, Charles R. Simpson, Inc. conveyed unto the Roanoke County Public Service Authority (predecessor to the Board of Supervisors of Roanoke County, Virginia) a sewer system, including a 15' sanitary sewer easement across Lot 6, as shown on the Survey for Luwana Corporation of record in said Clerk's Office in Deed Book 1052, page 600; and, WHEREAS, Demetrios T. Herodotou and Malgorzata K. Herodotou have requested that the Board of Supervisors of Roanoke County, Virginia, vacate the existing sanitary sewer easement and accept a new 15' sanitary sewer easement in exchange to reduce the extent of encroachment by the residence upon the easement; and, WHEREAS, Mr. and Ms. Herodotou have agreed to certain conditions with respect the easement relocation and the exchange meets the requirements of the Utility Department. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on April 9, 1991; and a second reading ,was held on April 23, 1991; and, 'r~'°° 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject real estate (easement) is hereby declared to be surplus and the nature of the interest in real estate renders it unavailable for other public uses; and, 3. That the 15' sanitary sewer easement across the property of Demetrios T. Herodotou and Malgorzata K. Herodotou in the Windsor Hills Magisterial District of Roanoke County and designated as "15' SANITARY SEWER EASEMENT D.B. 1052, PG. 592" on the Plat for Bum Suh and Byung Hee Park Showing A 15' Sanitary Sewer Easement To Be Vacated..., surveyed December 28, 1990, by Balzer and Associates, Inc., be, and hereby is, vacated; and, 4. That, in exchange, acquisition of a new easement across said property and designated as "15' SANITARY SEWER EASEMENT" on the Plat for Bum Suh and Byung Hee Park Showing A 15' Sanitary Sewer Easement To Be Dedicated..., surveyed December 28, 1990, by Balzer and Associates, Inc., be and hereby is, approved; and, 5. That, as a condition to the adoption of this ordinance, all costs and expenses associated herewith shall be the responsibility of Demetrios T. Herodotou and Malgorzata K. Herodotou, their heirs, successors or assigns; and, 6. That, as a further condition to the adoption of this ordinance, the Board of Supervisors of Roanoke County shall be indemnified of and held harmless from and against all claims for damages to any improvements or structures within either the old or new easement area by Demetrios T. Herodotou and Malgorzata K. Herodotou, their heirs, successors or assigns; and, ~~ ~ 6. That the County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to accomplish this vacation and acquisition, all of which shall be on form approved by the County Attorney. r ~ ' ~ ,„- <,_ ..:+ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 23, 1991 ORDINANCE 42391-9 TO VACATE A PORTION OF AN EXISTING NON- EXCLUSIVE EASEMENT AND TO ACQUIRE A NEW WATERLINE & ACCESS EASEMENT ACROSS PROPERTY OF HOLIDAY RETIREMENT ASSOCIATES LIMITED PARTNERSHIP WHEREAS, by Deed dated May 1, 1979, Craighead Water Company, a Virginia corporation, conveyed to the Board of Supervisors of Roanoke County, Virginia, a parcel of land known as the Avenham Tank Site and a nonexclusive easement, measuring approximately twenty-five feet (25') in width and extending from Secondary Route 706 to the tank site, as part of a water distribution system; and, WHEREAS, Holiday Retirement Associates Limited Partnership (Holiday) has requested that the Board of Supervisors of Roanoke County, Virginia, vacate a portion of the existing non-exclusive easement and accept a new waterline and access easement in exchange to facilitate development of the property; and, WHEREAS, the relocation has been accomplished without cost to the County and meets the requirements of the Utility Department. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on April 9, 1991; and a second reading was held on April 23, 1991; and, 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject real estate (easement) is hereby declared to be surplus and the nature of the interest in real estate renders it unavailable for other public uses; and, r t 3. That a portion of the existing 25' non-exclusive easement across property of Holiday Retirement Associates Limited Partnership in the Cave Spring Magisterial District of Roanoke County and designated as "PROPOSED PORTION OF EXISTING 25' NON- EXCLUSIVE ESMT. TO BE ABANDONED" upon a plat dated December 20, 1990, made by Lumsden Associates, P.C., be, and hereby is, vacated; and, 4. That, in exchange, acquisition of a new easement across said property and designated as "PROPOSED NEW WATERLINE & ACCESS EASEMENT" upon said plat, be and hereby is, approved; and, 5. That, as a condition to the adoption of this .ordinance, all costs and expenses associated herewith, including but not limited to, vacation of the easement, recordation of documents, and relocation of the lines, shall be the responsibility of the Holiday Retirement Associates Limited Partnership, its successors or assigns; and, 6. That the County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to accomplish this vacation and acquisition, all of which shall be on form approved by the County Attorney. On motion of Supervisor Robers to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None A COPY TESTE: • C~~.~ Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Development & Inspections Terry Harrington, Director, Planning & Zoning Phillip Henry, Director, Engineering Cliff Craig, Director, Utilities ACTION NO. ITEM NO. AT A REGULAR MEETING AT THE ROANOKE COUNTY ADMIN oSTRA ON CENTER COUNTY, VIRGINIA, HELD MEETING DATE' April 23, 1991 AGENDA ITEM:' ORDINANCE TO VACATE A PORTIOUIRE NEW WATERL NEN& EXCLUSIVE EASEMENT AND TO ACQ ACCESS TA ASSOCIATESRLIMITEDR PARTNERSHIP HOLIDAY RETIREMEN /~ c-~ COUNTY ADMINISTRATOR' S COMMENTS : / ~,,,,,~.,,~~' C~~~ t EXECUTIVE SUMMARY' This is the. second reading of the proposethe vacation of authorize an exchange of easements which involve isition of a portion of an existing non-exclusive a across property owned by a new waterline and access easement, Holiday Retirement AssociateslS r ct of Roanoke County,lVirg nian the Cave Spring Magisterial D BACKGROUND' • 1979, Craighead Water Company, a Virginia By Deed dated May 1, corporation, conveyed several parcels of land togethe relairinghand of-way and easements for the purpose of maintaining, P operating a water distribiaionSaidtconveyance included auparcel of of Roanoke County, Virgin land known as the Avenhann Tank Site and a nonexcluiri e ~ dth Band measuring approximately twenty-five feet (25 ) extending from Secondary Route 706 to the tank site. SUMMARY OF INFORMATION: Holiday Retirement Associates Limited Partnership (Holiday) is the current owner of the da ctthe pet tioner, hascrequested that easements are located. Holi Y- ortion of the existing non- the Board of Supervisors vacate a p exclusive easement and ac thpt ro arty eas Holiday nhasxccompleted facilitate development of P P relocation of the water lines costse proposed new easement area and onsible for all has been rasp ..-- ,.~..'3 The easement to be vacated is designated on the attached map as "PROPOSED PORTION OF EXISTING 25' NON-EXCLUSIVE ESMT. TO BE ABANDONED" and the new easement to be acquired in exchange is designated as "PROPOSED NEW WATERLINE & ACCESS EASE ~EoN osed new subject easements are roughly equivalent and the p p easement meets the requirements of the Utility Department. County staff has no objections to the exchange. FISCAL IMPACTS• None STAFF RECOMMENDATION: Staff recommends that the Board adopt the proposed ordinance to vacate of a portion of an existing non-exclusive easement and to acquire a new waterline & access easement. Respectfully submitted, c Vicki L. Hu a Assistant County Attorney Action Eddy Johnson McGraw Nickens Robers Vote No Yes Abs Approved ( ) Denied ( ) Received ( ) Referred to Motion by v ~~ I ^ ~ Z ,6l'0l9 '' F- ~ Q ~ ~ o ~~~ M ,.OO,pl.60 S 1 ~o~5~n w ~: ~a c~ o d .. . N ~ ~ ' JwNZ~r w ' ~ 1 ~ alipNh ~OOO~~ ~ U~ cow ~ Q ~a~wpjQ D` \ p pppF- N O ~ Q 4 W ~ ~ U O = ~ T ~ ,,,~• N~~~ OQW~ ~~~p ti ~Z' 0.. N ~O . wwQQ..o ~ ~ ~ rv ~~~' ~ ^ N ', . O tY p a U ' O Z m F- ~ ~ ~ ~ ~ k .% 0 ~ ~ p o m. mom / m ~, p ~ a-a-~ ~;~G,h1A\ ~ ~ w~ ~W:. * ~ o ~x ~~ / ~~ U~ ,Q .. Q O NNZ F NWO ~ yk~ ? ~ Jy Qs O O U~Z ~QG, ... °' zvim jp0~ W ~ ~ ¢ 1 ti-b1 N XUW lW W m0 . t N ~ i. ~ °z`~ O ~ ~ vNi I ~ ~ M ~ `~ O~ ~ :~ ~ <O O Z C~ O W J!L N ._ X m ? N ~ U O ~S1S Z tY ~" Q `t r W r'') . Z F a. 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H ~ ~ ~ N ' O ~~ ~o ~ - ~QO k d'' J ~f~? w 5a , Jn_~ ~ U J~ ~ ~ ,~ W `rJ ~,~ AT A REGULAR MEETING OF THEROB~ ~ OCOUNTY RADMINISTRAT ON OCENTER NTY, VIRGINIA, HELD AT THE 1991 ON TUESDAY, APRIL 23, ORDINANCE TO VACATE A PORTION OF AN EXISTING NON- EXCLUSIVE EASETE ACROSS PROPERTYI OF HOLIDAY ARETIREMENT ACCESS EASEMEN ASSOCIATES LIMITED PARTNERSHIP WHEREAS, by Deed dated May 1, 1979, Craighead Water Company, a Virginia corporation, conveyed to the Board of Supervisors of Roanoke County, Virginia, a parcel of land known as the Avenham Tank Site and a nonexclusive easement, measuring approximately twenty-five feet (25') in width and extending from Secondary Route 706 to the tank site, as part of a water distribution system; and, WHEREAS, Holiday Retirement Associates Limited Partnership (Holiday) has requested that the Board of Supervisors of Roanoke County, Virginia, vacate a portion of the existing non-exclusive easement and accept a new waterline and access easement in exchange to facilitate development of the property; and, WHEREAS, the relocation has been accomplished without cost to the County and meets the requirements of the Utility Department. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1, That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on April 9, 1991; and a second reading was held on April 23, 1991; and, 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject real estate (easement) is hereby declared to be surplus and the nature of the interest in .. real estate renders it unavailable for other public uses; and, 3. That a portion of the existing 25' non-exclusive easement across property of Holiday Retirement Associates Limited Partnership in the Cave Spring Magisterial District of Roanoke County and designated as "PROPOSED PORTION OF EXISTING 25' NON- EXCLUSIVE ESMT. TO BE ABANDONED" upon a plat dated December 20, 1990, made by Lumsden Associates, P.C., be, and hereby is, vacated; and, 4. That, in exchange, acquisition of a new easement across said property and designated as "PROPOSED NEW WATERLINE & ACCESS EASEMENT" upon said plat, be and hereby is, approved; and, 5. That, as a condition to the adoption of this ordinance, all costs and expenses associated herewith, including but not limited to, vacation of the easement, recordation of documents, and relocation of the lines, shall be the responsibility of the Holiday Retirement Associates Limited Partnership, its successors or assigns; and, 6. That the County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to accomplish this vacation and acquisition, all of which shall be on form approved by the County Attorney. ACTION NUMBER ITEM NUMBER .~ I ' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 23, 1991 SUBJECT: Appointments to Committees, Commissions and Boards COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1 Parks and Recreation Advisory Commission Unexpired three-year term of James Bryant, Hollins Magisterial District. His term will expire June 30, 1991. 2 Transportation and Safety Commission Four-year terms of H. Rodney Smith, Senior Citizen representa- tive, and Harry C. Nickens, Board liaison expired April 1, 1991. At the March 26, 1991 meeting, the Board eliminated the Board liaison position and added a citizen representative. 3 Roanoke Valley Regional Solid Waste Management Board Notification has been received from the Roanoke Valley Regional Solid Waste Management Board that the 1990 population of Roanoke County does support the County's request for an additional member. See attached for further information SUBMITTED BY: ~' Mary H. llen Clerk to the Board APPROVED BY: ~' Elmer C. Hodge County Administrator ~~ Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) Motion by: ACTION VOTE No Yes Abs Eddy Johnson McGraw Nickens Robers ACTION NUMBER ITEM NUMBER ~ "J AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 23, 1991 SUBJECT: Appointment to the Roanoke Valley Regional Solid Waste Management Board i~~,~ COUNTY ADMINISTRATOR' S COMMENTS: ~~~,t;-ri-vrr~ J SUNIIKARY OF INFORMATION Notification has been received from the Roanoke Valley Regional Solid Waste Management Board that the 1990 population of Roanoke County does support the County's request for an additional member. The existing board is composed of local government staff and citizens and the term of appointment is four years. At present, this Board has six members; two from the County, (John Hubbard and Mrs. Mikeiel Wimmer); three from Roanoke City, (John H. Parrott, Joel M. Schlanger, and Kit B. Kiser); and one from the Town of Vinton (Stephen B. Corcoran). RECOMMENDATION' Staff recommends that a member of the county staff or a Roanoke County citizen be appointed to a four-year term. APPROVED BY: ~~~, Elmer C. Hodge County Administrator V` --------------------------ACTION-------- VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Eddy Received ( ) Johnson Referred ( ) McGraw To ( ) Nickens Robers A-42391-16 ACTION NUMBER ITEM NUMBER ~~ ~'' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 23, 1991 SUBJECT: Appointment to the Roanoke Valley Regional Solid Waste Management Board i~sjr~,i~/~ ~~~ COUNTY ADMINISTRATOR'S COMMENTS: ~~~ ~/ SUMMARY OF INFORMATION: Notification has been received from the Roanoke Valley Regional Solid Waste Management Board that the 1990 population of Roanoke County does support the County's request for an additional member. The existing board is composed of local government staff and citizens and the term of appointment is four years. At present, this Board has six members; two from the County, (John Hubbard and Mrs. Mikeiel Wimmer); three from Roanoke City, (John H. Parrott, Joel M. Schlanger, and Kit B. Kiser); and one from the Town of Vinton (Stephen B. Corcoran). RECOMMENDATION• Staff recommends that a member of the county staff or a Roanoke County citizen be appointed to a four-year term. APPROVED BY: C,~..~ ~7,"i'C' Elmer C. Hodge County Administrator S- 3 ------------- -------- ACTION VOTE Approved (X) Motion by. Harry C. Nickens nd h Eddy No Y Xs Abs Denied ( ) a .,nn,; nested Gardner Smit ppoint immediately ~~ Johnson X Received ( ) a McGraw x d ( f erre Re Nickens x To ( ) Robers x cc: File Gardner Smith, Director, General Services John Hubbard, Assistant County Administrator Roanoke Valley Regional Solid Waste Management Board File ~ , AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 23, 1991 RESOLUTION 42391-10 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM R - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. that the certain section of the agenda of the Board of Supervisors for April 23, 1991 designated as Item K- Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 7 inclusive, as follows: 1. Acceptance of 0.33 miles of Remington Road into the Secondary System by the Va. Department of Transportation. 2. Acceptance of Valleypointe Parkway (Valleypointe Industrial Access Road) into the Secondary System by the Va. Department of Transportation. 3. Acceptance of lease-purchase arrangements for 1990-91 Fire and Rescue and refuse equipment. 4. Donation of sanitary sewer and water easements in connection with Bearrock Subdivision to the County of Roanoke. 5. Donation of a new tank access easements in co Water System Project to 6. Donation of sanitary connection with Queen's of Roanoke. lot and related water line and nnection with the Starkey Road the County of Roanoke. and storm sewer easement in Court Subdivision to the County 7. Approval of Raffle Permit - North Cross School 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 Johnson with Item K-7 added, and carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None A COPY TESTE: !~- < Mary H. Allen, Clerk Roanoke County Board of Supervisors CC: File George Simpson, Engineering Assistant Director Arnold Covey, Development and Inspection Clifford Craig, Utility Director Timothy Gubala, Economic Development Tommy Fuqua, Fire and Rescue Gardner Smith, General Services Diane Hyatt, Finance ACTION NO. A-42391-10.a ITEM NUMBER ~- AT A REGULAR MEE DI AT THE ROANOKE~DCOUNTY UADMINI TRATIONRCENTER COUNTY, VIRGINIA HEL MEETING DATE: April 23, 1990 AGENDA ITEM: Acceptance of Remington Road into the Secondary System by the Virginia Department of Transportation COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County has received acknowledgement that the ftheo Virginia hasartment of Transportation effect ave Apriltlm 990. Dep 0.33 miles of Remington Road (Route 1941) SUBMITTED BY: APPROV BY: t "~~ Elmer C. Hodge Mary H. Allen County Administrator Clerk to the Board VOTE ------------------- ACTION Approved (X ) Denied ( ) Received ( ) Referred ( ) To ( ) Motion by: u^,- T^r^~^^ - No Yes Abs Robers x Eddy x Johnson x McGraw Nickens ~_ cc: File George Simpson, Assistant Director, Engineering ._~~ ^m~11d'E ~ ~ j fi ,r ,~" t :,., ~. ~~ ~~ ~ : ~./~~~~~JI.sL IE~1 ~ o~ ~,l[~~JL~~~ pEPARTMENT pF TRANSFt)RTATlON RAY p. PETHTEL 1401 EAST BROAD STREET RICHMOND, 23219 COMMISSIONER April 1, 1991 Secondary System Addition Roanoke County Board of Supervisors County of Roanoke P.O. Box 29800 Roanoke, VA 24018-0798 MEMBERS OF THE BOARD: As requested in your resolution dated November 13, 1990, the following addition to the Secondary System of Roanoke County is hereby approved, effective April 1, 1991. ADDI'T'ION Route 1941 (Remington Road) - From Route 1939 to Route 1555 LENGTH 0.33 Mi Sincerely, a D. Pethtel missioner TRANSPORTATION FOR THE 21ST CENTURY A-42391-10.b ACTION NO. ITEM NUMBER d '~" AT A REGULAR MEETING OF THE oK~D OUNTY UADMINISTRATIONROENTER COUNTY, VIRGINIA HELD AT THE ROAN MEETING DATE' April 23, 1991 Acce tance of Valleypointe Industrial Access Road AGENDA ITEM: P stem b the Virginia Department into the Secondary Sy Y of Transportation COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County has received acknowlo Garen Systemt by f the Virginia have been accepted into the Sec y 1991. Department of Transportation effective March 19, Valleypointe Phase I Industrial Access Road ointe Parkway (Route 1947) from Route 117 to Valleyp and Research Road, from Research Road (Rout tolthe)temporary cul-de-sac Valleypointe Parkway APPRO ED BY• SUBMITTED BY : v /~.~ ~~v~ J~ ~~ ~ - ~ Hod e ~ H. Allen Elmer C ~ Mary County Administrator Clerk to the Board -------- ----------------------------------------- VOTE ACTION No Yes Abs Approved (X) Motion by: ,7ohnson -Eddy x Denied ( ) Johnson x Received ( ) McGraw x Referred ( ) Nickens x To ( ) Robers x - cc: File Assistant Director, Engineering George Simpson, ~~- p~. `~.'- ~cp, ~'~~ar MI! t' i :~ ° l - .:! C®MM®NW~ALTH of VIRGINIA ~ ~ __ > _.~~ ~ ~ ~~ DEPARTMENT OF TRANSPORTATION ~`~~l.,r ,,, , /~ 714 SOUTH BROAD STREET ~ %~ SALEM, 24153 . C. ALTI2ER, JR. RAY D. PETHTEL RESIDENT ENGINEER COMMISSIONER March 20, 1991 PO Box 3071 Salem, Virginia 24153 re - Final Acceptance Project 1947-080-242,C501 Valleypointe Phase I Industrial Access Roanoke County Mr. Timothy Gubala, Director Roanoke County Economic Development PO Box 29800 Roanoke, Virginia 24018-0798 Dear Tim: As per our discussion on March 19, this will document the final acceptance of the Valleypointe Industrial Access Road, for maintenance by the Virginia Department of Transportation, effective immediately. Construction was completed on this project March 19, 1991. Descriptively, this will Route 117 to Research Road (Route Parkway to the temporary cul-de-sac. be Valleypointe Parkway (Route 1947), from 1947) and Research Road, from Valleypointe Very truly yours, ~~~~e~ F. C. Altizer, Jr. Resident Engineer FCA:es cc - Mr. B. W. Sumpter Mr. J. Scott Hodge TRANSPORTATION FOR THE 21ST CENTURY ~- 1 Y AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 23, 1991 RESOLUTION 42391-10.C AUTHORIZING THE ACQUISITION OF TWO FIRE TRUCKS AND EQUIPMENT, ACCEPTING THE OFFER THEREFORE AND APPROVING THE INTEREST RATE, UPON CERTAIN TERMS AND CONDITIONS WHEREAS, the Board of Supervisors of the County of Roanoke has determined that it is necessary and expedient to enter into a lease/purchase agreement to acquire Fire and Refuse equipment to provide service within the County; and WHEREAS, the County has solicited offers for said lease/purchase financing and acquisition; and WHEREAS, the Board desires to accept an offer therefor and to establish the interest rate for said financing; and WHEREAS, the acquisition of these vehicles and equipment was considered and authorized as a part of the 1989-90 and 1990-91 fiscal years County budgets. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board of Supervisors of Roanoke County determines that it is in the best interests of the public to enter into a lease/purchase agreement in the principal amount of $568,069.66 in order to acquire fire and refuse equipment in order to provide improved service. 2. That the Board determines that it is in the best interests of the County to accept the offer of SANWA GEL General Equipment Leasing to finance the acquisition of this equipment over a five year period of time at an interest rate of 7.4795. e 3. The County Administrator, upon form approved by the County Attorney, is hereby authorized to execute such documents as may be necessary to accomplish the purposes of this transaction. 4. That pursuant to the provisions of Section 14.01 of the Roanoke County Charter, this lease/purchase agreement shall be subject to annual appropriation by the Board of Supervisors. 5. That the officers and agents of the County are authorized and directed to take such further action as may be necessary or convenient in connection with this transaction and all other actions previously taken by such officers and agents in connection therewith are ratified and confirmed. 6. This resolution shall take effect immediately. On motion of Supervisor Johnson to adopt resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None A COPY TESTE: 5~ 7~ Mary h. Alien, clerk Roanoke County Board of Supervisors cc: File Diane Hyatt, Director, Finance Reta Busher, Director, Management & Budget Thomas C. Fuqua, Chief, Fire & Rescue ACTION NO. ITEM NUMBER ~~ AT A REGULAR MEETING OF THER ~~ COUNTYEADMINISTRATIONCENTER COUNTY, VIRGINIA HELD AT THE MEETING DATE: April 23, 1991 Acceptance of Lease/Purchase Arrangements for Fire AGENDA ITEM' and Rescue and Refuse Equipment ~~ ~,~ ~ju COUNTY ADMINISTRATOR' S COMMENTS : ~. '",~,` .~.`<'~ n ~ ~ ~ `/'J'~`- YY~ ~~~iY<'fL'W"'t ~~ -~ ~ ~ BACKGROUND' ear budgets, the Board As part of the 1989-90 and 1990-91 urchase of fire equipment for of Supervisors approved the lease/p ment for Recycling. the Read Mountain Fire Station and refuse equip SUMMARY OF INFORMATION: Due to the length of time neede tl ° been delivered and placedain equipment, they have only recen y was offered by operation. The most favorable means The County would be financing SANWA GEL General Equipment Leasing. ercent. $568,070 over five year at the interest rate of 7.4795 p FISCAL IMPACT' . allocated for lease purchase The funds that were previously ment. payments have been used as a down payment on this equip for the lease/purchase payments for 1991-92 are included Funding in the proposed budget. STAFF RECOMMENDATION: Staff recommends approval of the attached lease/purchase of the equipment to SANWA Leasing. Respectfully submitted, Diane D. Hya Director of Finance Resolution awarding the GEL General Equipment Approved by, Elmer C. Hodge County Administrator ---------- -------------------- VOTE - ACTION No yes Abs Approved ( ) Motion by: Eddy Denied ( ) Johnson Received ( ) McGraw Referred ( ) Nickens To Robers ~~' AT A REGULAR MEETING OFHETHRO~OREDCOUNTYPADMINISTRATIONACENTER O TY, VIRGINIA, HELD AT T TUESDAY, APRIL 23, 1991 RESOLUTION AUTHORIZING THE ACQUISITION OF TWO FIRE TRUCRS AND EQUIPMENT, ACCEPTING THE OFFER THEREFORE AND APPROVING THE INTEREST RATE, UPON CERTAIN TERMS AND CONDITIONS WHEREAS, the Board of Supervisors of the County of Roanoke has determined that it is necessary and expedient to enter into a lease/purchase agreement to acquire Fire and Refuse equipment to provide service within the County; and WHEREAS, the County has solicited offers for said lease/purchase financing and acquisition; and WHEREAS, the Board desires to accept an offer therefor and to establish the interest rate for said financing; and WHEREAS, the acquisition of these vehicles and equipment was considered and authorized as a part of the 1989-90 and 1990-91 fiscal years County budgets. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board of Supervisors of Roanoke County determines that it is in the best interests of the public to enter into a lease/purchase agreement in the principal amount of $568,069.66 in order to acquire fire and refuse equipment in order to provide improved service. 2. That the Board determines that it is in the best interests of the County to accept the offer of SANWA GEL General Equipment Leasing to finance the acquisition of this equipment over a five year period of time at an interest rate of 7.4795. ~"' 3. The County Administrator, upon form approved by the County Attorney, is hereby authorized to execute such documents as may be necessary to accomplish the purposes of this transaction. 4. That pursuant to the provisions of Section 14.01 of the Roanoke County Charter, this lease/purchase agreement shall be subject to annual appropriation by the Board of Supervisors. 5. That the officers and agents of the County are authorized and directed to take such further action as may be necessary or convenient in connection with this transaction and all other actions previously taken by such officers and agents in connection therewith are ratified and confirmed. 6. This resolution shall take effect immediately. ACTION NO. ITEM NO. A-42391-10.d AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 23, 1991 AGENDA ITEM: Donation of sanitary sewer and water easements in connection with Bearrock Subdivision to the County of Roanoke COUNTY ADMINISTRATOR' S COMMENTS : ~~~,,,~,-•-c~ ~-L'~~G~'"'z~ SLTNIlKARY OF INFORMATION: This consent agenda item involves the donation of the following easements to the County of Roanoke for sanitary sewer and water purposes in relation to Bearrock Subdivision, owned by Paul W. Hicks, in the Catawba Magisterial District: a) Donation of a sanitary sewer easement, ten feet (10') in width, from Robert A. Wilcher and Ann C. Wilcher, (Deed Book 1244, page 656) (Tax Map No. 55.09-2-21) as shown on a plat prepared by Balzer and Associates, Inc., dated January 16, 1991. b) Donation of a sanitary sewer easement, ten feet (10') in width, from Michael R. Tooley and Dawn M. Tooley, (Deed Book 1305, page 1288) (Tax Map No. 55.09-2-20) as shown on a plat prepared by Balzer and Associates, Inc., dated January 16, 1991. c) Donation of a sanitary sewer ea~Deed Book 570 t (a0e)64n width, from Hazel W. Wickham, - p g ) (Tax Map No. 55.09-2-19) as shown on a plat prepared by Balzer and Associates, Inc., dated January 16, 1991. d) Donation of a sanitary sewer easement, ten feet (10') in width, from Irene S. Long, (Deed Book 1280, page 1203) (Tax Map No. 55.09-2-13) as shown on a plat prepared by Balzer and Associates, Inc., dated January 16, 1991. e) Donation of a sanitary sewer easement, ten feet (10') in width, from Vernelle S. Taliaferro, femme sole, (Deed Book 1302, page 1086) (Tax Map No. 55.09-2-16) as shown on a plat prepared by Balzer and Associates, Inc., dated January 16, 1991. ~`~v y f) Donation of a sanitary sewer easement, ten feet (10') in width, from W. C. Moran and Winona H. Moras shown onoa 304, page 108) (Tax Map No. 54.02-1-10) Inc., dated plat prepared by Balzer and Associates, January 16, 1991. ten feet (10') in g) Donation of a water line easement, (Deed width, from Howard D. Ulrey and Martha B. U ase shown on Book 314, page 388) (Tax Map No. 43.00-1-26) Inc. dated a plat prepared by Balzer and Associates, January 16, 1991. ten feet (10') in h) Donation of a water line eas(Deed/Book 951, page 439) width, from Hazel H. Basasmshown on a plat prepared by (Tax Map No. 54.02-1-3) dated January 16, 1991. Balzer and Associates, Inc., ten feet (10') in i) Donation of a water line easement, Maxey, (Deed Book width, from F. Cordy Maxey and Mary page 244) (Tax Map No. 55.01-1-59) as shown on a 751, Inc., dated plat prepared by Balzer and Associates, January 16, 1991. The location and dimeesCounty's engineer ng rstaff have been reviewed and approved by th STAFF RECOMMENDATION: Staff recommends acceptance of these properties. Respectfully submitted, Vicki L. Huf anAttorney Assistant Coun y Action Vote No Yes Abs Rob T 7ohnGOn _ Eddy X Approved (X) Motion by Johnson x Denied ( ) McGraw x Received ( ) Nickens x Referred Robers x to ._-. cc: File Cliff Craig, Director, Utilities ineering George Simpson, Assistant Director, Eng ACTION NO. A-42391-10.e ITEM NO. ~` AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 23, 1991 AGENDA ITEM: Donation of a New Tank Lot and related waterline and access easements in connection with the Starkey Road Water System Project to the County of Roanoke. COUNTY ADMINISTRATOR'S COMMENTS: ~,t•t'mrn•~ CC ~C,~4~~2,a -c.a SUNIlKARY OF INFORMATION: This consent agenda item involves the donation of the following parcel of land for a New Tank Lot, together with the necessary waterline and access easements, in connection with the Starkey Road Water System Project to the County of Roanoke: a) Donation of the fee simple interest in a parcel of land consisting of 0.517 acre and being known as New Tank Lot, from Nicholas Munger and Ann S. Munger (Deed Book 1125, page 736; Tax Map No. 97.01-1-5) in relation to the Starkey Road Water System Project, said tank lot being shown on the plat prepared by Lumsden Associates, P.C., dated November 9, 1990. b) Donation of waterline and access easements, together with temporary construction easements, from Nicholas Munger and Ann S. Munger (Deed Book 1125, page 736; Tax Map No. 97.01-1-5) in relation to the Starkey Road Water System Project, said easements being shown on the plat prepared by Lumsden Associates, P.C., dated November 9, 1990, and designated as follows: EASEMENT 1: NEW 20' WATERLINE & ACCESS EASEMENT EASEMENT 2: NEW 20' ACCESS EASEMENT EASEMENT 3: NEW 20' WATERLINE EASEMENT The locations and dimensions of this property and easements have been reviewed and approved by County staff. STAFF RECOMMENDATION: Staff recommends acceptance of this property. ~`1 ° -~~ Respectfully submitted, Vicki L. Hu a Assistant Cou ty Attorney Approved (x) Denied ( ) Received ( ) Referred to Motion b Action Vote No Yes Abs y Bob L. Johnson Eddy x Johnson x McGraw x Nickens x Robers x cc: File Cliff Craig, Director, Utilities George Simpson, Assistant Director, Engineering METEB AMD BOUllmB DESCRIPTION BHOwN ON TH/8 PLAT REPRESENT A COMPOSITE OF DEEDB, PLATS, AND CALCULATED INFORMATION AND DO NOT REFLECT AN ACCURATE BOUNDARY SURVEY ~' N86 ~ p j, TAX #97.01-1-1.1 85.9g• K' ~"' PROPERTY OF ~- ~69~ TAX #97.01-1-6 EDWARD EUGENE ~ ~s ~.l• PROPERTY OF BLANKENSHIP ~'':~;g00 ~' T.R. HACKLEY O.B. 1233, PG. 1150 ~\.. ~ S8 24 6.53"w D.B. 291, PG. 214 S69'11'S3"`N S7g °4 'S3"W ~u '~..~ 237.60' .11 313.50 ~.34' ° ~ l'am' ~ I~w so' wA ~ ~ `3q°°~~~5~~0 ~B ---~..J o O (/~ ~ . ~ 'a' ay ~ :~: w.~ wr yam. ~ ~. ~! , a; Q ~ 2 ~~ ^ ~ m em 4 00 s Qz o~ ~v NEw TAIL LOT NEw 6' rEI~oRARr CONSTRUCTION EASEMENT ~~ TAX X97.01-1-5 PROPERTY OF NICHOLAS MUNGER do ANN S. MUNGER D.B. 1125, PG. 736 c-~ X G'~ TAX #97.01-1-5 PROPERTY OF NICHOLAS MUNGER k ~~ ANN S. MUNGER DB I i"•J4' / `N79'49'S' yl,~_ ~ I 56.94' %%~-~~' NEw 20 ACCESS ~ EASEMENT NEw 20' wATERtII~ & ACCESS EASEMENT ~~ . ~~ ry~ r0 ~o~ TAX #97.01-i-5.1 ~~~ ~ PROPERTY OF RODNEY W. McNEIL & Z NORMA M. McNEIL ~~~ D.B. 1239, PG. 1265 cfl U~ ~~ i TAX 9?. 01 - I - 5.2 - `J ' '~-~ L 1125, PG. 736 PROPERTY OF ~~ 1 EUGENE B. KNIGHTON (`~~ ~ l}M) K D. B. 1328 PG 731 n ~~~ f- .' ~ 1622' N70'40'2~"E N80'39'47" 191.71 26 P0, E N78'00'29"E N75'05'04"E ST_ARKEy 3so.oo' 9s.4o' ROAD NFw TANK LOT LINE DIRECTION DISTANCE 1-2 S40'26'53"W 150.00' 2-3 N49'33'07"W 150.00' 3-4 N40'26'S3"E 150.00' 4-1 S49'33'07"E 150.00' AREA = 0.517 Ac. C-1 C-2 A= 19'14'19" A= 63'49'16" D= 3'51'29" D= 16'14'27" R= 1485.13 R= 352.79 T= 251.71 T= 219.68 L= 498.67 L= 392.97 TAX MAP N0. 97.01-~-~ o ~ T ~ 9 ~`. l r'~. ;; R ~ ~ a~~ ~ECjO M R R~R~1~i c~P• SE~• ~,5~"E N62~0 04 (~'a CENTERLppIIEE NEW 20' ACCESS EASEMENT LINE DIRECTION DISTANCE F-P S57'12'S7"W 24.81' P-Q S21'S5'43"W 112.76' Q-R S02'43'46"E 130.10' R-S S39'11'15"E 93.66' S-8 S76'05'43"E 59.39' C-3 Centerline A= 63'32'53" D= 28'17'39" R= 202.50 T= 125.43' L= 224.60' CEIVTERLJNE ll~w 20' wATERLB A ACCESB EASEMENT L1NE ~ DIRECTION DISTANCE A-B ' Iv79'49'53"E 566.43 B-C N79'49'53"E 30.54 B-D N10'10'07"W 37,20 E-F N10'10'07"W 198.12 F-G N34'23'27 "E 43.03 G-H N55'40' OI "E 496.34' CH H-I N29'23'54"E 372.97' CH I-J S83'07'47"W 112.94 J-K N37'S9'31 "W 64.38 K-L S52'00'29"W 41.00' K-M N52'00'29"E 37.00 M-N N20'14'00"E 213.26' CH. SCALEr 1 " = 300' PLAT SHOWING NEW WATERLINE, ACCESS & TEMPORARY CONSTRUCTION EASEMENTS BEING GRANTED TO THE COUNTY OF ROANOKE, VIRGINIA AND NEW 0.517 Ac. TANK LOT BEING CONVEYED TO THE COUNTY OF ROANOKE, VIRGINIA BY NICHOLAS MUNGER & ANN S. MUNGER PREPARED BYE LUMSDEN A880CIATEB, P.C. ENQ/NEERB-SURVEYORS-PLAIWIMRB ROANOK~ VIR(~~IfiA DATE, 11 /9/90 ACTION NO. A-42391-10.f ITEM NO. ~' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 23, 1991 AGENDA ITEM: Donation of sanitary and storm drain sewer easement in connection with Queen's Court Subdivision to the County of Roanoke COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This consent agenda item involves the donation of a sanitary and storm drain sewer easement, fifteen feet (15') in width, from Kevin G. Lane and Elizabeth P. Lane, (Deed Book 1302, page 1239; Tax Map No. 86.08-4-15) in connection with the Queen's Court Subdivision in the Windsor Hills Magisterial District of the County of Roanoke, said easement being shown and designated as "15' Sanitary & Storm Drain Sewer Easement" on a plat prepared by Raymond E. Robertson, Civil Engineer & Land Surveyor, dated April 15, 1988. The location and dimensions of this easement have been reviewed and approved by the County's engineering staff. STAFF RECOMMENDATION: Staff recommends acceptance of this property. Respectfully submitted, V c ie L. fm n Assistant Co my Attorney Action Approved (x) Denied ( ) Received ( ) Referred to Motion by Bob L. Johnson Eddy Johnson McGraw Nickens Robers Vote No Yes Abs x x x x x cc: File Cliff Craig, Director, Utilities George Simpson, Assistant Director, Engineering -~ .i =. %- ,J V v v 3r Y ~ `~ f ss~'tr'.~v'E'-- 3ts~' ~ ) AA ~ yl' 1 1 1 ~ 1 ~ ~. ~~ 1 '~ 1 ~ ~'~ ~' ~-. ~ .~ a~• s ~~ ,. i. •. ,. . ~ t .~iO~'~'E-~ v w~~ ~~ ~~ ~ ~~~ ~ ). ~~ i b ___~_ si' i t~ ~v ~a ~~o ~~~ ~~~ ~~ 1 I Q I~'~~ ~~ 1 ~~ f .agar ~- sail E1~'~ ~NGE LA~/E ,,mow ~~~ ~~ ~1I~IP 's' ~; •~ x t:~~, s ~1•»•~ ~.i TtT ~ c~F. SI.1)•3 (y 111 ,i +'~ t! ','~rat.~xv~ ~IPEat~PfO /fit CART,~'~ ~ M. COFf~Y S~t0lw.ut A ~~~T~.VR.br ~'~ s~otirrl.PYf. sttvf,¢ .ereeKns cbwErEO r~a,~ava~-E Gacwry,sy ~P~G~t/T' f :M~' GXf: ~ s'/ll~ITf .u/ TX~f ii~.a/D~S'G~4~Y/!1s .yaa~rt.P~.~t arsr.-P.rr aK.~ ctz~c~r /.r~r..wi.~ ~OL1: /~' S?~ OATS :.~/O.P/L /;f, /mod ~y:,P.~r,+~ro ~,a~e'f,P~csaw C/Y/L E'.vG/•~L~P ~ 1~~f0 .u~'Yf/rc~ t ACTION NO. A-42391-10.g ITEM NUMBER K~__ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOIiE COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER MEETING DATE: April 23, 1991 AGENDA ITEM: Request far approval of a Raffle Fermit from North Cross School COUNTY ADMINISTRATOR'S COMMENTS• SUMMARY OF INFORMATION I3arth Crass Schaal has applied far a Raffle Permit to be held an May 11, 1991. The application has been reviewed by the Commissioner of the Revenue and he recommends approval. The $25.00 fee has been paid. STAFF RECOMI`~iENDATION: It is recommended that the Raffle Permit be approved. Respectfully su bmitted Approved by, ~ / /`6' - C'S'C /1 ~ C~ ~- I~ary H. llen Elmer C. Hodge Clerk to the Board County Administrator ACTION VOTE Approved (X) Motion by: gah 1 , Jahncnn No Yes Abs Denied ( ) Eddy ~ Received { ) __ _ Johnson x Referred { ) 1~IcGraw jO ( ) ~_ Nickens ~ _ . - __ - ._ Robers ~ cc: File Bingo/Raffle File N ~~uy ~ ,, C~`~" ~. r?~~~cc~ ,~P~ OF ROANOKE, VIRGINIA ~IONER OF THE REVENUE T TO CONDUCT RAFFLES OR BINGO e for a bingo game or raffle permit. ubject to all County and State laws, ~ulations now in force, or that may be ~ are hereby agreed to by the under- h shall be deemed a condition under ~ s- tl~ (/~ ~'? se extreme care to ensure the accura- c~( ~~,e following questions. Bingo games ~~~ ~ ~i~ictly regulated by Title 18.2-340.1 et. se . ~~'"~ ::riminal statutes of the Virginia Code, and by Section 4-86 et. sec. of the Roanoke,County Code. These laws authorize the County Board of Supervisors to conduct a reasonable investga- 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 BINGO GAMES Name of Organization ~\ ~ r -~~ ~ d u s r ~c_ ~y ~ 1 Street Address ~-\c~. Sy ~;~ ~ y ~ '~~ \ ,~y Q Mailing Address SG M ~ City, State, Zip Code ~--c~~. n~ ~ ~ \! ,~- `~~-l,~ \~' Purpose and Type of Organization ~ ~--~~-~ ~~~ ~Q ~c__w~ t When was the organization founded? ~~ ~.\ 1 Roanoke County meeting place? `~ Q 5 Has organization been in existence in Roanoke County for two con- tinuous years? YES r/ NO Is the organization non-profit? YES, NO Indicate Federal Identification Number # ~~`~- ~~- t I~~ o~ Attach copy of IRS Tax Exemption letter. Officers of the Organization: President: `tea\~cl~C,~yy ~~~„~-;~~ Vice-President ~~c5b e~~ ~~ .~1.,~~.n,-~ Address : '~:,~. '1a0 Address : 3S~-\~, ~n~l ~,,,, ~~\ '~~ Secretary: ~~« C ~~ 4,~-'~ Treasurer: ~-~~,~ ~u.~ `„~ , \,~~~ Address : ~`~ ~, ~~~ \~ ~;,`~ Address : `~ ~~ ~y a~ -_~ Member authorized to be resbonsible for Raffle or Bingo opera- tions: Name ~~ c,~V , Z~~., ~ct~ sLt- ~y ,~- Home Address L"~z~b ~,~ ~~ \~ uc,_, ~c~,~ ~~ Phone Bus . Phone ~~6~..~,~,y A COMPLETE LIST OF THE ::A2~;ES AP:D ADDP,ESSES OF CURRENT MEMBER- SHIP MUST BE FURNISHED WITH THIS APPLICATION. Specific location where Raffle or Bingo Game is to be conducted. Va~~ ~~\~ ~~t~\ avg. 2~~a~.~~~ v c~ ~~~~ RAFFLES: Date of Drawing 5-\\-~ \ Time of Drawing a ~• C~y~~~ 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 State specifically how the proceeds from the Bingo/Raffle will be used. List in detail the planned or intended use of the proceeds. Use estimates amounts if necessary. 3 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 1st 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? 4Q~ 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? ~.s~~ 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? `-~,Q `~ 4 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? V c 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? S 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? ~R•~ 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 of Article 1.1 of Chapter 8, Title 18.2 of the Code of Virginia?x:1.4 9. Does your organization understand that a two 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? ' ~1Q~ 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? y ~ 5 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? `-\R 7 12. Has your organization attached a check fo.r the annual permit fee in the amount of $25.00 payable to the County of Roanoke, Virginia?_~Q ~ 13. Does your organization understand that any organization found in violation of the County Bingo and Raffle Ordinance or §18.2- 340.10 of the Code of Virginia authorizing this permit is subject to having such permit revoked and any person, shareholder, agent, member or employee of such organization who violates the above to having such permit revoked and any person, shareholder, agent, member or employee of such organization who violates the above referenced Codes may be guilty of a felony? `-~..p ~ 5 14. Has your organization attached a complete list of its member- ship to this application form? Nom. 15. Has your organization attached a copy of its bylaws to this application form? f~\p 16. Has the organization been declared exempt from property taxa- tion under the Virginia Constitution or statutes? ~ S If yes, state whether exemption is for real, perso al property, or both and identify exempt roperty. ~~$ ~ ~h 17. State the s cific type and purpose of the organization. C' \~L ~o ~ ~~.o y~ 18. Is this organization incorporated in Virginia? V Q ~ 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? O (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 3 ~~~~~ 6 ALL BINGO APPLICANTS MUST ANSWER QUESTIONS 20 - 27 BEFORE NOTARIZATION RAFFLE APPLICANTS, GO TO NOTARIZATION. 20. Does your organization understand that the bingo games shall not be conducted more frequently than two calendar days in any calendar week? 21. Does your organization understand that it is required to keep complete records of the bingo game. These records based on §18.2- 340.6 of the Code of Virginia and §4.98 of Roanoke County Code must include the following: a. A record of. the date, quantity, and card value of instant bingo supplies purchased, as well as the name and address of the supplier of such instant bingo supplies, and written invoice or receipt is also required for each purchase of in- stant bingo supplies? b. A record in writing of the dates on which Bingo is played, the number of people in attendance on each date, and the amount of receipts and prizes on each day? (These records must be retained for three years.) c. A record of the name and address of each individual to whom a door prize, regular or special Bingo game prize or jackpot from the playing of Bingo is awarded? d. A complete and itemized record of all receipts and disburse- ments which support, and that agree with, the quarterly and annual reports required to be filed, and that these records must be maintained in reasonable order to permit audit? 22. Does your organization be conducted at such time as and only at such locatioris this application? 23. Does your organization understand that the gross receipts in the course of a reporting year from the playing of instant Bingo may not exceed 33 1/3$ of the gross receipts of an organization's Bingo operation? 24. Does your organization understand it may not sell an instant Bingo card to an individual below sixteen years of age? 25. Does your organization understand that an organization whose gross receipts from all bingo operations that exceed or are ex- pected to exceed $75,000 in any calendar year shall have been granted tax-exempt status pursuant to Section 501 C of the United States Internal Revenue Service? (Certificate must be attached.) understand that instant Bingo may only regular Bingo game is in progress, and at such times as are specified in 7 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 shalt 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 .P~-.~ Title t.sLS ~ \ ~~ ~'~ lns c v c~ ~ ~ i . Home Address v ~ Subscribed and sworn before me, this / ~~^day of C~~,c~~~ 19 1 ~ My commission expires: ~Y Commission EKn~~es lanuaa 3i, ~ q~_19 RETURN THIS COMPLETED APPLICATION T0: Notary Public ~,~ COMMISSIONER OF THE REVENUE P.O. Box 20409 Roanoke, VA 24018-0513 8 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 /t~hd' is calen!/~dJ7ar year . ~ Date Commiss oner of he Revenue The above application is not approved. Date Commissioner of the Revenue 9 .- COONTY OF ROANORE, VIRGINIA RESERVE FOR BOARD CONTINGENCY Beginning Balance at July 1, 1990 $ 50,000 August 28, 1990 Roanoke County Code Book Supplement (9,845) September 25, 1990 Contribution to TAP - Transitional Living Center (15,000) September 25, 1990 Contribution to Darrell Shell Scholarship (1,000) October 23, 1990 Replacement of lost State Revenues for the Arts (4,250) November 13, 1990 Attorney fees for cable tv negotiations (6,800) December 18, 1990 Back Creek Fire and Rescue station (5,574) March 12, 1991 Contribution to Terry Plunk Memorial (1,000) Balance as of April 23, 1991 ~ 6,531 Submitted by r''. ~f °L..t .L`'~, n~ ~~ • ~ ~ fit-/ ~, Diane D. Hyatt Director of Finance ~M r COUNTY OF ROANORE, VIRGINIA GENERAL FUND UNAPPROPRIATED BALANCE ~ of General~l~ Amount Fund Expenditures Audited Balance at July 1, 1990 $5,653,756 7/1/90 Amount reimbursed by County Schools 500,000 9/25/90 Appropriation to Police Department (200,000) 9/25/90 Rescinding Parks and Recreation User (85,421) Fees 11/13/90 Allied Signal (875,000) 11/13/90 Read Mountain Fire Station (174,886) 12/4/90 VDOT Matching Funds (347,500) 12/4/90 Legal Fees for Dixie Caverns (186,850) 12/4/90 Expansion of CORTRAN Service (5,000) 12/18/90 Back Creek Fire and Rescue Station (9,700) Balance as of April 23, 1991 $4,2691399 6.25$ Submitted by Diane D. Hyatt Director of Finance Note: On December 18, 1990 the Board of Supervisors adopted a goal statement to maintain the General Fund Unappropriated Balance at 6.25 of General Fund expenditures ($68,310,395). ACTION # ITEM NUMBER ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 23, 1991 AGENDA ITEM: Accounts Paid - March 1991 COUNTY ADMINISTRATOR'S COMMENTS: SUNII~IARY OF INFORMATION: Payments to Vendors: Payroll: 3/1/91 $ 441,988.00 3/15/91 454,081.53 3/29/91 502,857.65 $2,236,915.30 fi1,398 927.18 $3,635.842.48 A detailed listing of the payments is on file with the Clerk to the Board of Supervisors. SUBMITTED BY: ti~~ Diane D. Hyatt Director of Finance APPROVED: ' ~~ Elmer C. Hodge County Administrator -------- ------------------------ACTION VOTE No Yes Abs Approved ( ) Motion by: Denied ( ) Eddy Received ( ) Johnson Referred ( ) McGraw To Nickens Robers L;` ,__ .~ .. ~ i I i ~~ ~ ~ ~ ~ ~ ' '. 0 O 0~; O O O O O O O O O'O O O O O O''.O O 0 O OO O 0 O O O O O O~ O O O~: ~TI ro ' ~n .O. CO 90 -J m oa o+ l11 In tll A A A', W W W W W W' W N N' N N N N N N'. 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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 23, 1991 RESOLUTION CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an •affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. AGENDA ITEM NO. APPEARANCE REQUEST FOR -PUBLIC HEARING -ORDINANCECITIZENS COMMENTS SUBJECT: ~~/G~ S~ ~%~ ~~~ ~~C ~~` I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED BELOW: ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed 6y the majority of the Board to do otherwise. ^ Speaker will be limited to a ppresentation of their point of view only. Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ Speakers are requested to leave any written statements and/or comments with the clerk. ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK ' / 1 f r NAME ADDRESS PHONE AGENDA ITEM NO. APPEARANCE REQUEST FOR PUBLIC HEARING ORDINANCE CITIZENS COMMENTS SUBJECT: ~ s h/ l ~~-.~f~J I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED BELOW: ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. ^ Speaker will be limited to a ppresentation of their point of view only. Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ SQeakers are requested to leave any written statements and/or comments with the clerk. ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK NAME ,~ ~ ~~ C°~~~ ~ ~~ ADDRESS . `f L/_~~ ~©201 jj L~.~, .~ .- PHONE °`7 `~ ~/ - ~ ~ ~ ~ J 1 ' 1 ' ' ' ' ' ' ' ' ' 1 ' 1 ' ' ' 1 ' ' ' I ' ' ' ' ' ' 1 1 ' ' ' ' ' ' 1 1 1 ' ' ' ' ' ' ' ' ' 1 ' ' 1 ' ' ' ' ' ' ' ' ' 1 ' ' ' 1 ' ' ' ' I I AGENDA ITEM NO. APPEARANCE REQUEST FOR PUBLIC -HE-~ARING ORDINANCE CITIZENS COMMENTS SUBJECT: /~"~~ ~yuir, I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED BELOW: ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. ^ Speaker will be limited to a ppresentation of their point of view only. Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ SQeakers are requested to leave any written statements and/or comments with the clerk. ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK NAME Lo~,~s ,~ l2/- ~~~,~/~~ ADDRESS ~ ~3 / /~: ~~,~/~ ~'d ~/~~ ~ ~-~-,. ~A ~ :~ yam; ~ 7 PHONE <~ ~ :~ ,~ ~ ~, ~ _ :~ ~ 7 ~ 11111111111111111111111111111111111111111111111111111111111111111111111111111 AGENDA ITEM NO. APPEARANCE REQUEST FOR -PUBLIC HEARING -ORDINANCE -CITIZENS COMMENTS SUBJECT: {.~.c-v c~a;~~~/ / U ~ °Y~~~a-1 ~~~ ~-~ I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED BELOW: ^ Each speaker will be given between three to five minutes to comment whether speaking .as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. ^ Speaker will be limited to a ppresentation of their point of view only. Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ Speakers are requested to leave any written statements and/or comments with the clerk. ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK NAME ~ ~'S, - ~ ~ ~ 1~~~ 7'~`l~ ADDRESS ~ ~ Y /~- s ~ ; PHONE ~~ - ~ ~~ ~111111111111111111111111111111111111111111111111111111111111111111111111111111 DENIAL ACTION NO. A-42391-11 ITEM NO . ~ ~ ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 23, 1991 AGENDA ITEM: Special operate with Sep COUNTY ADMINISTRATOR'S BACKGROUND' Exception Request, Winfred Wilson; To a place of public amusement in accordance ~tion 21-23-2 (A) of the zoning ordinance. ~ ~~'NI ~~ COMMENTS • i/~~~'~'rn'`'~~ In early 1991 the applicant began the operation of a billiard/game room at 3109 Brambleton Ave. The game room was located in an upstairs portion of Wilson's Restaurant. Responding to a citizen inquiry, the staff notified the applicant that the activity violated zoning ordinance provisions pertaining to the operation of such establishments. The applicant was advised to close the operation, and was informed of his right to request approval from the Board of Supervisors. This special exception request was subsequently filed. The attached staff report describes the request in detail, and provides the Board information regarding site characteristics, traffic considerations, surrounding land uses, and Comprehensive Plan policies. ALTERNATIVES' 1. Deny the special exception request due to lack of sufficient parking on the site, and the potential land use conflicts between the proposed use, and the adjoining residential neighborhood to the rear of the property. 2. Approve the special exception request. STAFF RECOMMENDATION: ALTERNATIVE 1: Denial of the request. ~9~~~ Respectfully Submitted, `\'-~ E /, C .~: Terrance L. Harr' gton Director of Planning and Zoning Action Approved (X ) Denied ( ) Received ( ) Referred to Approved, c9c~ ~~ ,/~ ', Elmer C. Hodge County Administrator Motion by Lee B. Eddy motion to deny Vote No Yes Abstain Eddy x Johnson x McGraw x Nickens x Robers x cc: File Terry Harrington, Director, Planning & Zoning Arnold Covey, Director, Development & Inspections John Willey, Director, Real Estate Assessment ~~~ ~~ STAFF REPORT CASE NUMBER• SEl-4/91 PETITIONER: Winfred Wilson REVIEWED BY: J. Hartley DATE: April 17, 1991 Request of Winfred Wilson to obtain a Special Exception Permit to operate a place of public amusement in accordance with Section 21-23-2 A. (6) of the Roanoke locat d atn 3 09 rBrambleton Avenue~tabni ~ e n Windsor1lHills Restaurant Magisterial District. 1. NATURE OF REQUEST a. Petitioner is requesting a special exception permit to operate a gameroom in conjunction with Wilson's Restaurant. According to the petitioner, the gameroom would be located on the second floor of the building and would contain 5-7 pool tables, an unspecified number of video arcade games, and a band platform in an area of approximately 3,600 square feet. Also located on the second floor is a dance studio, which is operated as a separate business in space leased from Mr. Wilson. b. In the early 1980's, a number of attempts were made to obtain County approval for a dance hall and banquet facility on the second floor of this building, in conjunction with the restaurant. These requests were denied at that time. In September, 1981 a Certificate of Occupancy for an "overflow dining room" was approved for the second floor area. c. This request has been submitted in order to address a notice of violation sent to the property owner on March 5, 1991. Further legal action was ceased when the upstairs gameroom was closed, pending action on this application. 2. APPLICABLE REGULATIONS a. The site, Wilson's Restaurant, is currently zoned B-2, General Commercial. Under the provisions of the B-2 district, public amusements such as billiard parlors and poolrooms, are permitted provided a special exception permit is obtained from the Board of Supervisors. b. The rear portion of the site, according to the zoning maps, is zoned R-1, single family residential. The present use as a commercial parking lot has existed on this portion as a non- conforming use, and would be allowed to continue as long as the use is not discontinued for a period of two years. c. A new Certificate of Occupancy will be needed for the gameroom, should this request be approved. 3. SITE CHARACTERISTICS a. Topography: Not applicable b. Ground Cover: Not applicable ~~r 4, AREA CHARACTERISTICS a. Future Growth Priority: Situated within the Cave Spring Community Planning Area. The growth initiative for this area is to stabilize growth. b. General area is a combination of single family and multi-family residences with office and retail commercial uses along the major corridors. 5. LAND USE IMPACT ASSESSMENT Rating: Rate each factor according to the impact of the proposed action. Use a scale of 1 through 5. 1 = positive impact, 2 = negligible impact, 3 = manageable impact, 4 = disruptive impact, 5 = severe impact, and N/A = not applicable. RATING FACTOR COMMENTS LAND USE COMPATIBILITY 3 a. Comprehensive Plan: 1985 Comprehensive Development Plan has placed this area within a Transition land use category. The existing and proposed use is generally not in conformity with the Comprehensive Plan. However, the site is presently zoned B-2, General Commercial. The areas adjoining this site at the rear are designated within the Neighborhood Conservation land use category. This category is generally afforded the greatest protection from commercial intrusions and impacts. 4 b. Surrounding Land: Immediately adjoining this property to the north and south are commercial uses (convenience store and automotive repair). Adjoining the rear portion of the site are single family residences. 3 c. Neighboring Area: The entire Brambleton corridor is a mixture of office, retail sales and automotive related uses. This corridor is surrounded on both sides by predominately single family residences. 2 d. Site Layout: The site contains a two story building with approximately 5,520 square feet on each floor. The remainder of the site has been paved to provide 46 useable parking spaces. The site layout would not be modified by this request. N/A e. Architecture: Not applicable 2 f. Screening and Landscaping: A stockade fence and white pine trees are located at the rear of the parking lot. No additional screening or buffering requirements would be required in conjunction with this request. N/A g. Amenities: Not applicable N/A h. Natural Amenities: Not applicable y9~-~ TRAFFIC 2 i. Street Capacities: In 1988 the Average Daily Trips (ADT) on Brambleton Avenue in the vicinity of this site was 11,772. No information is available from ITE on the number of trips generated by the gameroom. Circulation and Parking: On-site circulation, particularly 5 j• in the front portions of the site, is constrained due to the limited parking available. One entrance is provided directly from Brambleton Avenue, while multiple entrance are provided along the side street, Red Rock Road. Based on the 250 seating capacity reported for the County License Tax, a total of 62 parking spaces would be required, not including parking for employees. The loading capacity determined by the County Fire Marshall for the dining and banquet rooms downstairs is 201 people which would require 50 parking spaces. The other existing uses on the site (dance studio and beauty shop) would require an additional 9 parking spaces. Based on a site inspection conducted by staff, only 46 usable parking spaces are provided on-site. The zoning ordinance does not specify the number of parking spaces required for a gameroom. However, using the most recent maximum loading capacity determined by the County Fire Marshall, an additional 225 people could be accommodated upstairs. At one parking space per 4 patrons, this would require an additional 56 parking spaces. No information on alternative parking arrangements have been submitted to address this situation. On-street parking in conjunction with the restaurant has been repeatedly noted by staff at this location. However, on- street parking is not an acceptable option under the parking requirements contained in the Zoning Ordinance. UTILITIES N/A k. Water: Not applicable N/A 1. Sewer: Not applicable DRAINAGE N/A m. Basin: Not applicable N/A n. Floodplain: Not applicable PUBLIC SERVICES 2 0. Fire Protection: Within established service standards. 4 p, Police and Rescue: According to the County Police Chief, since the upstairs was opened to the public in February, 1991, police have responded to a number of calls at this location for a variety of incidences. ~~l ~~ N/A q. Parks and Recreation: Not applicable N/A r. Schools: Not applicable TAX BASE N/A s. - Land and Improvement Value: - Taxable Gross Sales/Year: - Total Employees: - Total Revenue to ENVIRONMENT 2 t. Air: 2 u. Water: 2 v. Soils: the County/Year: Approximately 4 w. Noise: Since opening in February, 1991, County staff have received a number of citizen complaints about the noise and related activities at this location. 2 x. Signage: 6. PLAN CONSISTENCY This area is designated as Transition in the Comprehensive Plan. Given the existing zoning, the Plan issues are somewhat limited. However, the adjoining land use category, neighborhood conservation, is an area which has generally been afforded the highest degree of protection for potentially conflicting uses. ~, STAFF EVALUATION a. Strengths: (1) Approval of this request would assist a Roanoke County business owner in maximizing usage of an existing developed parcel. b. Weaknesses: (1) Insufficient on-site parking is available to accommodate any additional activity at this location. (2) This site has a history of Board actions to deny use of the upstairs due to the insufficient parking on-site. (3) Although the site is in a Transition land use plan area, it adjoins an area designated Neighborhood Conservation, which is usually afforded the greatest degree of protection. (4) Since opening illegally in early 1991, the planning staff have received a large number of citizen complaints and the Police Department has responded to numerous calls at the restaurant. c. Suggested Conditions: None ~ gi-i' ROANOKE COUNTY APPLICATION FOR SPECIAL EXCEPTION USE (,~J ~ N Ft~P li/ !LL 11i-1~- w I LS ~ 1. Applicant's Name: Address: 5Z~3 ~-h~ S~~-~'~ L~, (~ 8~G Il.-E , ~ 7~- ~~~~ Phone: 7~~- 8~4~~ Zip: Z-`-f0 (~ 2. Property owner's name ANA ~~ /t/F~c`~Mi~1/ Address: RT~ ~ ~~ ~~~ Phone: 3~y-6oS~a i.- L r S 1-~r--' v/a - 3. Location of Property: Size of property I/Z acres sq.ft. Size of proposed special exception use zip: z~a87 ~f. ~3~~ d Tax Mao #: ~~ ~ 1b-8- ~ Old Tax Map #: acres/ q.ft. 5. Zoning Classification: $ Z 6. Magisterial District Location: -, r ... .. } , ., r. T . a n rl T 1 C P _ -/ (~`-~ N ~ ~" !J 8. Proposed Special Exception Use: 9. Comprehensive Plan Designation: 10. Proposed Annual Gross Revenue: Value of Land Value of Proposed Buildings Value of Machinery & Tools Number to be Employed 11. Check Completed Items: / g~^ x 11" plot plan Consultation List of adjacent property owners / Letter of Application Filing fee made payable to "County of Roanoke" $20 Special Use Permit for sanitary fill method garbage and refuse site, commercial amusement park, or airport $40 All other Special Exception Uses 12 . Date of Application: 3/7 / ~ ~ licant's Signature: ~ ~'Y~ "v~ 13. App ~ ~ f1~~Pr~a Sirtnat~ira• W, "1~~ "1_,/fOn.~,. ,rig '' , 1 ic~r+-h ^~ i'~'~~ L• t, ~~'Il l i . L 4 e _ J ~:. ~'t~rmit f~;~:~ tt':e Ltp~+e.iir5 T WC+u1d 11~~:f-' l;i+ :=:~?~ciiri ._~ JpP_Clci1 ~:'-ert:.ilr"i W~ rLln c'.i rr ~'. ,::' whi+_h is part +-+f 'the restaurant. - 't' ~~t~'=' Lei Cllil ~~l t~t~_~ri ~-• l 1• ~ C: (-; ~_i ITi d ~~ ..:w ' ~. t i . 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')r8ry s g2 / e B ~ ~ 82 ~ r 21 ~ ~ ~l , ~NI e 8 ~ Q'~~ ' j B Z • / 3d ~ t4 ~ ~ ~B 4~\\ ~ / ~ I g2ss ~ i ~ ~ g1 O//R~t t?y ~ • ~.' ~ it ~\ ~cA~ ~~ . ~ '~ B 2 _ ~ B1 61 / ~ ~4 .'b ~ ~ ' B2 E!Z 5~ `° 0Z i B~ ~ ~ •~ r a ~ ~~ ~ ~ s .• ~B2~ ~ / r • n 82~ ~ ~ 83 ' .+' ~ •' ~" B2' ALL PA NOTE ~ 82 ~,~ ~ ~ ~R ~ ,, ~ 82• RCELS ON THIS MAP 0~d~ ~~, e~ ~ ~ ' •• ARE ZONED R~ ,UNLESS' ~ Bp , ~ _ ••82 . OTHERWISE INDICATED. ~ , ~ ~ • , y ~ t ~ .s .»B _____• ~ ~ N 2 m ~ ~ r nB2• Y BQ ;• ~ . i • WIfdFREG ~•;ILLIAM WILSOfJ COMMUNITYSERVICSS ~ SPECIAL EXCEPTIO~i USE PERMIT AND DBYBLOPMBNT AGENDA ITEM NO• ~9~~ ~ pE CE, REQUEST FOR AP PUBLIC HEARING -ORDINANCE -CITIZENS COMMENTS SUBJECT: ~ /~~~~/s f E~~~~~'~ would like the Chairman of the Board of Supervisors to recogni t. I me during the meeting on the above matter so that I mayAcoME ~D WHEN CALLED TO THE LECTERN, I WILL GIVE MY N BY THE ADDRESS FOR THE RECORD• I AGREE TO ABIDE GUIDELINES LISTED BELOW: ^ Each speaker will be given between thr resentativem TheeChai man w 11 whether speaking as an individual or rep decide the time limit based on unlessuinst uct dlbyethe smajoritgy of the issue, and will enforce the rule Board to do otherwise. p ^ S Baker will be limited to a ppresentationed b t the Chairmanview only. Questions of clarification may be enterta y ^ All comments must be directed to the Boardv. eD ebate between a recognized speaker and audience members is not alloy ^ Both speakers and the audience will exercise courtesy at all times. ^ S Bakers are requested to leave any written statements and/or comments w~th the clerk. ^ INDIVIDUALS SPEAKING ON BEHAL jJTHORIZOATIONI FROM OTHE SHALL FILE WITH THE CLERK A GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK NAME ~~ oQ~ ~- ADDRESS . q~~ ~~~"~~~ ~~ ~ PHONE -' 2 5 ~ ~ 111111111111111111111111111111111111111111111111111111111111111111111 1111111111 I11111111111111111111111111111111111111111111111111111111111111111111111111111 APPEARANCE REQUEST FOR PUBLIC HEARING ORDINANCE CITIZENS COMMENT ~; ~ ~ ,/modd'~ ~~~,,,~,,~, ~ G/,f r~ ~,~„~. SUBJECT: a. ~ ~" I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may commentD. WHEN CALLED TO THE LECTERN, I WILL GIVE MY NAME AN ADDRESS FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED BELOW: ^ Each speaker will be given between three to five minutes to comment whether speaking .as an individual or representative. The Chairman will decide the ~meenforcebther ule unlessuinst uct dlbyethe smajorltgy of the Issue, and Board to do otherwise. ^ Speaker will be limited to a ppresentation of their point of view only. uestions of clarification may be entertained by the Chairman. Q ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ Speakers are requested to leave any written statements and/or comments with the clerk. ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE LTG THE INDIVIDUAL TO REPRESENT HEM. THE GROUP ALLOWIN PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK NAME ADDRESS PHONE AGENDA ITEM NO. h~~I/' I 541 ~~~~ ~sY'.~" reJ C ~'~ S .-~~ ~ ~~~ 11111111111111111111111111111111111111111111111111111111111111111111111111111 AGENDA ITEM NO. ~9~ ` ~ AppEARANCE REQUEST FOR V PUBLIC HEARING _~~INANCE -CITIZENS COMMENTS SUBJECT: ~I-~ ~t.50 ~ S ~A ~ ~ ~~~ I would like the Chairman of the Board of Supervisors to recogni ~: me during the meeting on the above matter so that I may coo E BAND WHEN CALLED TO THE LECTERN, I WILL GIVE MY N BY THE ADDRESS FOR THE RECORD. I AGREE TO ABIDE GUIDELINES LISTED BELOW: ^ Each speaker will be given between rer resentat vem TheeChairman w 1 whether speaking as an individual or p decide the time limit based le unlessuinst uct dlbyethe smajor'Itgy of the Issue, and will enforce the ru Board to do otherwise. pp ^ Speaker will be limited to a ppresent tained b t the Chairmanview only. Questions of clarification may be enter Y ^ All comments must be directed to the gallow~ed.ebate between a recognized speaker and audience members Is not ^ Both speakers and the audience will exercise courtesy at all times. ^ S eskers are requested to leave any written statements and/or comments wl~th the clerk. ^ INDIVIDUALS SPEAKING ON BEHALAiJTH~~7JOATIONI FROM OTHE SHALL FILE WITH THE CLERK GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK NAME ~ (.~N ~D~~~b v~ ADDRESS 3 Cna ~I.E~TW ~ PHONE t~,da+'a ~~ ~~ 2 4~ ~ S ao~q_ ~.43L I1111111111111111111111111111111111111111111111111111111111111111111111111111 AGENDA ITEM NO. y ~~ _ ~ APPEARANCE REQUEST FOR PUBLIC HEARING ORDINANCE -CITIZENS COMMENTS ~'! ? SUBJECT: =7,~'~1.c.~.~-j~ ~n ~~-C'''~ j ~~~ ~'.~%c I would like the Chairman of the Board of Supervisors to recogni ~e me during the meeting on the above matter so that I m NAcoMmEme~nD WHEN CALLED TO THE LECTERN, I WILL GIVE MY E BY THE ADDRESS FOR THE RECORD• I AGREE TO ABID GUIDELINES LISTED BELOW: ^ Each speaker will be given between rer resentat vem TheeChairman will whether speaking as an individual or p decide the time limit based ule unlessuinst uct dlbyethe smajority of the issue, and will enforce the r Board to do otherwise. pp ^ Speaker will be limited to a ppresene tained b t the Chairmanview only. Questions of clarification may be ent y ^ All comments must be directed to the Ballow•ed.ebate between a recognized speaker and audience members is not ^ Both speakers and the audience will exercise courtesy at all times. ^ SQeakers are requested to leave any written statements and/or comments with the clerk. ^ INDIVIDUALS SPEAKING ON BEHA AUTHO ZATIONI FROM OTHE SHALL FILE WITH THE CLERK GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK NAME ADDRESS PHONE 111111111111111111111111111111111111111111111111111111111111111111111111111111 111111111111111111111111111111111111111111111111111111111111111111111 1111111 J AGENDA ITEM NO. `~9~ AppEARANCE REQUEST FOR CITIZENS COMMENTS PUBLIC HEARING ORDINANCE SUBJECT: ~ L s o -~ 6~r a~ n~- I would like the Chairman of the Board of Supervisors to recognn~e me during the meeting on the above matter so that I m NEE ~D WHEN CALLED TO THE LECTERN, I WILL GIB MY E BY THE ADDRESS FOR THE RECORD. I AGREE TO ABID GUIDELINES LISTED BELOW: ^ Each speaker will be given between t er resentat vem TheeChairman w 11 whether speaking .as an individual or r p decide the time limit based on unlessuinst uct dlbyethe smajorlty of the issue, and will enforce the rule Board to do otherwise. p ^ S Baker will be limited to a ppresentationed b t the Chairmanview only. Questions of clarification may be enterta y ^ All comments must be directed to the Bo lowed.ebate between a recognized speaker and audience members is not al ^ Both speakers and the audience will exercise courtesy at all times. ^ S Bakers are requested to leave any written statements and/or comments wl~th the clerk. ^ INDIVIDUALS SPEAKING ON BE~I-LITHO ZATION I FROM OTHE SHALL FILE WITH THE CLERK A GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK NAME ~ Cu. ~..~ ~ ~- ADDRESS o ~0~~ ~' PHONE 9 84 --o c zo 11111111111111111111111111111111111111111111111111111111111111111111111 1111111 111111111111111111111111111111111111111111111111111111111111 1111111111111111 AGENDA ITEM NO• ~9/ - J AppE~gArJCE REQUEST FOR 'PUBLIC HEARING _O~INANCE -CITIZENS COMMENTS ~~ SUBJECT: VJ , ~ ~; ,~,-,, -, ike the Chairman of the Board of Supervisors to recogni ~e I would 1 me durin the meeting on the above matter so that I may comEme~nD g N CALLED TO THE LECTERN, I WILL GIVE MY N BY THE WHE ADDRESS FOR THE RECORD. I AGREE TO ABIDE GUIDELINES LISTED BELOW: Each s eaker will be given between three sentat vem TheeChairman will ^ whethe r speaking as an individual or repre decide the time limit based on the s u nstructedlbyethe smajor y of the issue, and will enforce the rule unle Board to do otherwise. pp S eaker will be limited to a ppresentation o b t the Chairmanview only. ^ uestions of clarification may be entertained y ~ t be directed to the Board. Debate between a recognized ^ All comments mus speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. S Bakers are requested to leave any written statements and/or comments ^ with the clerk. INDIVIDUALS SPEAKING ON BEHALF OFpA~70ATIONI FROM OTHE ^ SHALL FILE WITH THE CLERK AUTH GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK NAME ADDRESS PHONE ,, .._ ,1 11111111111111111111111111111111111111111111111111111111111111 1111111111111111 11111111111111111111111111111111111111111111111111111111111111111111111111111 AGENDA ITEM NO. ~ ~% - AppEAItANCE REQUEST FOR PUBLIC HEARING -ORDINANCE -CITIZENS COMMENTS SUBJECT: ~ ~ 1 1 ~ ~,1~~ I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may commentD. WHEN CALLED TO THE LECTERN, I WILL GIVE NIY NAME AN ADDRESS FOR TIC RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED BELOW: ^ Each speaker will be given between three to five minutes to comment whether speaking .as. an individual or representative. The Chairman will decide the time limiteb~~e d ule unlessuinst uct d lbyethe smajor tgy of the issue, and will enforc Board to do otherwise. ^ Speaker will be limited to a ppresentation of their point of view only. uestions of clarification may be entertained by the Chairman. Q ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ SQeakers are requested to leave any written statements and/or comments with the clerk. ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH TH I1~1CIjIEVIDUAL TO REPRESENT THEM. THE GROUP ALLOWING THE PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK NAME ADDRESS PHONE g~q-s~~z_ - 111111111111111111111111111111111111111111111111111111111111111111111111111111 11111111111111111111111111111111111111111111111111111111111111111111111111111 AGENDA ITEM NO. `~~~ - ~ APPEARANCE REQUEST FOR PUBLIC HEARING ORDINANCE CITIZENS COMMENTS` SUBJECT: _ I would like the Chairman of the Board of Supervisors to recogni ~e me during the meeting on the above matter so that I may coo E e~nD WHEN CALLED TO THE LECTERN, I WILL GIVE MY N Y THE ADDRESS FOR THE RECORD• I AGREE TO ABIDE B GUIDELINES LISTED BELOW: ^ Each speaker will be given between three to five minutes to comment whether speaking as, an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. ^ Speaker will be limited to a ppresentation of their point of view only. uestions of clarification may be entertained by the Chairman. Q ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ SQeakers are requested to leave any written statements and/or comments with the clerk. ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH THE C DUAL TO REPRE ENT HEM. THE GROUP ALLOWING THE IND PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK NAME ADDRESS PHONE 111111111111111111111111111111111111111111111111111111111111111111111111111111 ~~~ / To: Roanoke County Board of Supervisoreals Roanoke County Board of Zoning App Roanoke County Planning Commission The facts are that Wilson's Restaurant located at 3109 Brambleton Avenue is operating a Billiard Parlor/Game Room in violation of the Roanoke County Zoning Ordinance. The Billiard Parlor/Game Room operated by Wilson's Restaurant endangers the Health, Safety, Harmony, Attractiveness, and General Public Welfare of the surrounding residential and business community. The following citizens petition the Roanoke County Board of Supervisors and the Roanoke County Planning Commission t:~ deny Wilson's Restaurant a permit to operate a Billiard Parlor/Gamy Room on their premises or anywhere in the surrounding communit_~. We also petition the planning commission to enforce the coning ordinances by legal action in General District Court and in c~.rcuit Court, if necessary in order to force Wilson's Restaurant to cease operation of the Billiard Parlor/Game Room. cc: Elmer C. Hodge, Jr., County Administrator Paul Mahoney, County Attorney NAME G~~. ~-- ~ ~~ r~ ~~~~ av~~ J, ~, S HOW w,~ ~- [ ~ rL. _~ h ~~ ~; ~~~%~~ K.- J ~,~~ .~~~~. ~~`'~~/ ADDRESS ~j ID9 ~=LE~~ Wo°D ~I JENv~ ,~iG~I ~~~~~~~e ~'~ ~ ~~ ~ ~~ ~1 ~L-~/! Ct.~~ o~ .S' ~ ~ a ~ ~~~z ~7~ ~ s ~ Say 7 ~~~~~~~:~ ~~~ Ste' ~3~ ~ ~-~~ .e,~~,-~c.~ ~.-v ~e S.~- /~ ~r ~/ ~ ~~ ' 33~R ~~ 3 3 ~ 3 F -~e~,,f ~aa~ ~ i4 vE ~S~pZ ~ ~..~'7/Iiuv ~~ ~Ll~-~ . ~,z ~ Lf1~/y1 t~r9fiG ~~ 32~c ~~= ~~ ~~ ~_l ~ ~~~,~lG~~ ~ L p ~~ ~ ~ ~ti~~ ~ ~~~-~ ~- z - ~ F~o~~-L ~~~ ~~~ ~' ~ ~~ ~~c yt~v ~r~ ~ ~~ ~"~ NAME \\~ '~'~ i` ~ ~ 1 ~ ; -yy%~ ., ADDRESS , ~~~ ~-- ~~ ~ ~~ .-~ /~ \\~~~ i ~~ ~l ~` f~ j ~~ -~%e ~ ~Y (~~~- fez- ~1~UG l l ~~ ~ ~1Q-~~ Can ~~©/,-~ ~, ,; ,;, - -- '1.s?.~ ;l J f',b.~ _ _~ ,~ .~ ~~. 1 ~ ~ c NAME Q. ~ I-Ca~., ~-~ __ _ c~-ovv~, a , ~~ ~~ ~_ ~~~.~ _ _ ___~_~_ ~~~w ADDRESS ~ a l~l( < < r2 1~C-~' ~~ ~ I ~0~~ i~ ~. ~w~ ~ ~~i ~ ~ / i i ~- ~~ ~i ~~ j~~~~ ~~ ,~~~,~ ~ 3 0 ~. ~ ~~~~ ,~~ ,, 305' Sc~t~-ter- i~ c..~ ~D ~.W . ICo~oK~ l~~ ~a-~,~ 30 s'.~ ~ .~Gr/ ii ,x~ ~~~ ~ g ~ ~~- e.~,. ~.w.~ z. ?~, f E , ,ti.., ~~~~ ~.~ ~.~G~~ ~~ ~3~v~ Fo r~s ~' l~'d ~ ~~~ , GEC. ~ ~o/S 3 ~} za Gv~ Dl~E ~p C1- ~ - ti. t~E ~ v~ 3 0 ~ I/Ir~~P loo . ..30~oG ~i»~i~C.~ ~nr ~.~ ,3~/ / ~ ~'~ NAME ADDRESS ~~,./ ~n 4 ~~`~ -~-- ~i.~. (~ '~ ;~ 31 I `7 ~Qn b ~~.~.~4~-~ ~- ~ a`~~IS~ ._3 v_3 ~~ ~ ~'yd;~ _ _ ~ ~~~5 j, ~~~~ i~ ~ r ~~ a ,~ ?o© sw' i~f ,~ r •., z z ~~ . ~~ NAME ADDRESS 4~~1Y ~l~l_`~,Z~ ~\ ~.•~~~lr~ z. d ~-'1G1 "~-k~-~~C:C, F.~-'~-- S ~--~ U? ~~ ~~(.l ~ ~-l L~ ~'Y1 ~" f ~ .:~ 3 a~~r-- 3 0.1 ~ ~~ ~,'-~w~/~ ~~~ S w ~~g~~ k~ ~oia z ~v ~s ~Q~ ~~~ ~ ~~ Ica f s f=/F~~-1 d ~ ~ ~n~~ i,~~ ~ ~c ~ ~ \'~. ~ J~ ~ ~~ V ~ ~~I~ ~ ~ ~ ~~ ~ o~ ~~ ~~-~~ ~ ~ ~-~t-Yi~l~- (~~ a~ ~ S~ t_ ~ e?~4 ~ ~ O ~'~G~ BL ! ~ D o ~-t ~~2.r'r~c .~ ~~ ~ o~4t ~ I S ,,~ -~ / ~ . , ~,~ ~o ~ a in rx~ ..~ ,~U/.5 ~ , ~ ~~ = / ,~ _z'"LL~r-rf __- ~ .~ L-"1~.~.~.r c %,~~` ~ l '~ c t S 4_-' ~:~ s' ~ ~ L G. . ~. ~,.><~-~~ rte' -i ~+` • - ~ ~ . ~ LG:IiGV r G~L7~.~ G v __~ (/ ~ ~~ili~Z'7 7' . LLr ' ~ ~G}~`S / ~__. . . ' ~' Uzi ,~~ ,~~~ ., , ~ lam.,-t'~~~-- rte, ~ ~~ t ~' -~-~' NAME // S . J i ~ ~ `~ ~ _~ ~ 1~ . C"' " r ~_ G ,~ r v ADDRESS e l ~ D ~Q '(~o C,1G ~ ~ ~ D~,,y, p 1C ~ ~ ~~- ~2~(0 I b /i~ ~1 ~_,.~~~..~..: r .._ _ ~ /~c f G ~ ~~' i C. E ''Z--~ t ~~v,,_ , ~ ~ C'~l i y,~ L~'L (~ - A ~ l - ~( ~ }~ f ~ ~ G~~ c ~.' ~.~~ v~',~-a-„z„~-tom o l; t~c r- , ~ ~~ ;~ i c~~~ y n n Al f I ~JCc,u-~-~ L~x~ ~~~t~~ L i4 ~ , ~~ ` ~ .~'.~.J C.L'Zr r ~~~?/~ 1,~~ ~~~~~~~ r ~~~ a~~ v,s 1 L;~ ~ ~ U ~-.~~ ~ a ~~ ~~s q~ l~o~~~~~ ~~ 2 , ~-, y~e~~ ;,~,~ 3aa~ ~~~ ~~ ~e_ y~- ,- NAME ~~ ~, ADDRESS ~ ~ „-- . ~- ~ .. ;, ~. ~~ , _ ~,~, ~. ~ / .. ~~ , , t .= ~~ ~. _ y ~ ~ ~ f -_ ~ ~ ~, i ~ . v ~~ l_~ C~,(~ /~ ~ ~ ~ -`1~.~..~ _ ~7,~7 /fir ~~ ~~'' ,' ~`-~r~~ 11 ,~~ ~= ;; NAME :C~~ .~~ ADDRESS ~~`i~ / cal _7`v~c~ __ - , 3 3 ~~_ ~ GcJ~,~/ z- ~/ g ,~ NAME 7y ,~ ~~~G~ ~ ~o~ ~~ a ~'~ ~ti~~ ~ ~~ ~ ~~~1'~ ADDRESS ~S S/ ~J r3~i~~ mC ~ ,GX ~ iUe4 ' c/ r• i ,s ~ ~ ~.~ ~ ~l , I~t`e:t. ~A ~''F-car S ~y~~~ZC~i._.~••i:~`~-:°_-1~=~ ~C~ ~~cc~~1r` 1~- rZ`t r I .S~ n ~~, NAME ~~~~~~o ~~ .,., a ~ti v~~ q ~~~ :~ ~j v ADDRESS 30 ~e~ 8r AMBLEI'ON CLINIC II~IPIAY~ S~!/J 3~~~ ~n~,ri~i~~i ~r/~nkP, ~-GtJ. 30 7~ i i~~.~.~~~ ~-~ ~ ~ u~ 303 ~-~rn~~~fio~ /~ S w ~3D3 ~ 1 art a~.~, l~~-~ ~e . ~ J~~ ~,~~_ ~- ~~~ ~~~/ ~~., ,~~, g ~ , NAME c~~ ~~~J~ ~. - ~ ~. ~, ~ G~ ~ ,~ ~~ C:~ ~,~, .~ ~ ~ 1~~~-u, ADDRESS 3~2y6 ~~~v~~~ 3 z ~~ /-~,~s~ ~t ~ J 3y.~ v _~~-~ ;,. Sy r ~<u'; ~~ .~~~ /~~ ~ Gl~• ~~~~ ~- ~ ~~ ~ /C~~ ~~ -- f~ ~. ~~ ~~'~~~,~~ 5. ,~z ~ ~ .~~~~ ~ s ~ w ~~ ~ ~ w~ ~ -~~~~~~~~Gz~ ~, ~:~ 7 o s Q~,v~ N I ~.'~1 E ADDRESS ,,- NAME ADDRESS ,~;~-c~., c~ 3J r ~ -~n,~~- ,~C S ~ a ~~- .~ C''!. ~u _. __ =~~ HEADIlVG CORRECTED JULY l7, 1991 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, APRIL 23, 1991 ORDINANCE 42391-12 TO AMEND PROFFERED CONDITIONS ON THE REZONING OF A 6.1-ACRE TRACT OF REAL ESTATE LOCATED EAST OF ROUTE 706 APPROXIMATELY .1 MILE SOUTH OF THE INTERSECTION WITH ELECTRIC ROAD IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF B-2, CONDITIONAL, TO THE ZONING CLASSIFICATION OF~~B-2, CONDITIONAL (AMENDMENT TO PROFFERS) UPON THE APPLICATION OF ROBERT E. GLENN WHEREAS, the first reading of this ordinance was held on March 26, 1991, and the second reading and public hearing was held April 23, 1991; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on April 2, 1991; and, WHEREAS, legal notice and advertisement has been provided as required by law; and WHEREAS, this property was rezoned from part B-2, General Commercial District, and R-3, Multi-Family Residential District, to B-2, General Commercial District, with proffered conditions, on April 26, 1988. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing approximately 6.1-acres, as described herein, and located east of Route 706 approximately .1 mile south of the intersection with Electric Road in the Cave Spring Magisterial AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, APRIL 23, 1991 ORDINANCE 42391-12 TO AMEND PROFFERED CONDITIONS ON THE REZONING OF A 6.1-ACRE TRACT OF REAL ESTATE" LOCATED EAST OF ROUTE 706 APPROXIMATELY .1 MILE SOUTH OF THE INTERSECTION WITH ELECTRIC ROAD IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF B-2, CONDITIONAL, TO THE ZONING CLASSIFICATION OF B-1, CONDITIONAL (AMENDMENT TO PROFFERS) UPON THE APPLICATION OF ROBERT E. GLENN WHEREAS, the first reading of this ordinance was held on March 26, 1991, and the second reading and public hearing was held April 23, 1991; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on April 2, 1991; and, WHEREAS, legal notice and advertisement has been provided as required by law; and WHEREAS, this property was rezoned from part B-2, General Commercial District, and R-3, Multi-Family Residential District, to B-2, General Commercial District, with proffered conditions, on April 26, 1988. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing approximately 6.1-acres, as described herein, and located east of Route 706 approximately .1 mile south of the intersection with Electric Road in the Cave Spring Magisterial District, is hereby changed from the zoning classification of B- 2, General Commercial District, to the zoning classification of B- 2, General Commercial District, with amended proffered conditions. e 2. That this action is taken upon the application of Robert E. Glenn. 3. That the owner has voluntarily proffered in writing the following amendments to proffered conditions approved by the Board of Supervisors on April 26, 1988, which the Board of Supervisors hereby accepts: (a) A maximum 110-suite retirement facility will be constructed following the existing entrance road and parking lot. (b) Type D screening and buffering or its equivalent by modification will be installed on all property borders. (Natural growth will be salvaged to maximum extent possible.) (c) Final plans will be in substantial conformance to concept plan. (d) One concrete sign no greater than 24 square feet will be installed; no other signage will be constructed. (f) Interior traffic circulation will be one-way and will be so designated on the property. (g) A sprinkler system will be installed serving entire facility. (h) A drainage system will be constructed from subject property to VA 419. (i ) A licensed geotechnical engineer will be hired to conduct soil tests on the site, write a report, review the working drawings for compliance with recommendations, and inspect all the earth work. All other proffers and conditions would remain in full force. 4. That said real estate is more fully described as follows: BEGINNING at a point common to said 6.10 acres, the east right-of-way line of Virginia Secondary Route 706 (Elm View Road), and property of Tom Penn, et als; thence N. 9 deg. 03' 50" W. 115.71 feet along the line common to said 6.10 acres and said east right-of-way line of Virginia Secondary Route 706 to a point; thence N. 5 deg. R 15' 45" W. 41.24 feet to a point; thence along the line common to said 6.10 acres and property of Avenham Associates as recorded in Deed Book 1125, page 477 in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, the following 3 courses and distances, S. 52 deg. 00' E. 40.00 feet to a point; thence N. 69 deg. 37' 10" E. 232.90 feet to a point; thence N. 45 deg. 42' E. 500.00 feet to a point; said point being common to said 6.10 acres, said property of Avenham Associates and property of Herbert J. Brown and Tessie M. Brown; thence along the line common to said 6.10 acres and said property of Brown the following 2 courses and distances, S. 33 deg. 21' E. 21.72 feet to a point; thence S. 53 deg. 33' E. 250.00 feet to a point; thence along a rezoning line S. 35 deg. 13' 17" W. 675.60 feet to a point; thence along the line common to 6.10 acres and said property of Tom Penn, et als N. 68 deg. 56' W. 438.37 feet to the point of Beginning and containing a computed acreage of 6.10 acres. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance shall be, and the same hereby are, repealed. On motion of Supervisor Nickens to adopt ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None A COPY TESTE: ~~'~• Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Development & Inspections Terry Harrington, Director, Planning & Zoning John Willey, Director, Real Estate Assessment Paul Mahoney, County Attorney ,~ ~. PETITIONER: CASE NUMBER: ROBERT E. GLENN 8/91 Planning Commission Hearing Date: April 2, 1991 Board of Supervisors Hearing Date: April 23, 1991 A. REQUEST Petition of Robert E. Glenn to amend proffered conditions on approximately 6.1 acres, to remove the condition requiring brick and wood siding, located east of Route 706 approximately .1 mile south of intersection with Electric Road, Cave Spring Magisterial District. B. CITIZEN COMMENTS None. C. SUMMARY OF COMMISSION DISCUSSION Mr. Witt said that proffers relating to aesthetics of a building are too constraining. Mr. Gordon agreed. D. PROFFERED CONDITIONS 1. A maximum 110-suite retirement facility will be constructed following the existing entrance road and parking lot. 2. Type D screening and buffering or its equivalent by modification will be installed on all property borders. (Natural growth will be salvaged to maximum extent possible.) 3. Final plan will be in substantial conformance with concept plan. 4. One concrete sign no greater than 24 sq.ft. will be installed; no other signage will be constructed. 5. Interior traffic circulation will be one-way and will be so designated on the property. 6. A sprinkler system will be installed serving entire facility. 7. A drainage system will be constructed from subject property to VA 419. 8. A licensed geotechnical engineer will be hired to conduct soils test on the site, write a report, review the working drawings for compliance with recommendations, and inspect all the earth work. E. COMMISSION ACTION(S) Mr. Witt moved to approve the request with proffered conditions. The motion carried with the following roll call vote: AYES: Witt, Gordon, Massey, Robinson NAYS: None ABSENT: Chappelle F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: _ Concept Plan _ Vicinity Map Staff Report _ Other t f,.~ Terrance Roanoke Commission '-~ ~ ,~ ~. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, APRIL 23, 1991 ORDINANCE TO AMEND PROFFERED CONDITIONS ON THE REZONING OF A 6.1-ACRE TRACT OF REAL ESTATE LOCATED EAST OF ROUTE 706 APPROXIMATELY .1 MILE SOUTH OF THE INTERSECTION WITH ELECTRIC ROAD IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF B-2, CONDITIONAL, TO THE ZONING CLASSIFICATION OF B-1, CONDITIONAL (AMENDMENT TO PROFFERS) UPON THE APPLICATION OF ROBERT E. GLENN WHEREAS, the first reading of this ordinance was held on March 26, 1991, and the second reading and public hearing was held April 23, 1991; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on April 2, 1991; and, WHEREAS, legal notice and advertisement has been provided as required by law; and WHEREAS, this property was rezoned from part B-2, General Commercial District, and R-3, Multi-Family Residential District, to B-2, General Commercial District, with proffered conditions, on April 26, 1988. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing approximately 6.1-acres, as described herein, and located east of Route 706 approximately .1 mile south of the intersection with Electric Road in the Cave Spring Magisterial District, is hereby changed from the zoning classification of B-2, General Commercial District, to the zoning classification of B-2, General Commercial District, with amended proffered conditions. . , ~~~~ ~. 2. That this action is taken upon the application of Robert E. Glenn. 3. That the owner has voluntarily proffered in writing the following amendments to proffered conditions approved by the Board of Supervisors on April 26, 1988, which the Board of Supervisors hereby accepts: (a) A maximum 110-suite retirement facility will be constructed following the existing entrance road and parking lot. and buffering or its equivalent by (b) Type D screening borders. modification wthl vb 11 nbe lsal agedl to rmaximum extent (Natural g possible.) (c) Final plans will be in substantial conformance to concept plan. (d) One concrete sign no greater than 24 square feet will be installed; no other signage will be constructed. (f) Interior traffic circulation will be one-way and will be so designated on the property. A sprinkler system will be installed serving entire (g) facility. (h) A drainage system will be constructed from subject property to VA 419. (i) A licensed geotechnical engineer will be hiredr view dthe soil tests on the site, write a report, working drawings fo th workance with recommendations, and inspect all the ear All other proffers and conditions would remain in full force. 4. That said real estate is more fully described as follows: oint common to said 6.10 acres, the east BEGINNING at a p Route 706 (Elm right-of-way line of Virginia Seconda et als; thence N. View Road), and property of Tom Pe~n'the line common to 9 deg. 03' S0" W. 115.71 feet along said 6.10 acres and said east right-of-way line of Virginia Secondary Route 706 to a point; thence N. 5 deg. ~~ 15' 45" W. 41.24 feet to a point; thence along the line common to said 6.10 acres and property of Avenham Associates as recorded in Deed Book 1125, page 477 in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, the following 3 courses and distances, S. 52 deg. 00' E. 40.00 feet to a point; thence N. 69 deg. 37' 10" E. 232.90 feet to a point; thence N. 45 deg. 42' E. 500.00 feet to a point; said point being common to said 6.10 acres, said property of Avenham Associates and property of Herbert J. Brown and Tessie M. Brown; thence along the line common to said 6.10 acres and said property of Brown the following 2 courses and distances, S. 33 deg. 21' E. 21.72 feet to a point; thence S. 53 deg. 33' E. 250.00 feet to a point; thence along a rezoning line S. 35 deg. 13' 17" W. 675.60 feet to a point; thence along the line common to 6.10 acres and said property of Tom Penn, et als N. 68 deg. 56' W. 438.37 feet to the point of Beginning and containing a computed acreage of 6.10 acres. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance shall be, and the same hereby are, repealed. ~`~~ M E M O R A N D U M TO: Planning Commission FROM: Lynn Donihe, Associate Planner DATE: April 2, 1991 REF: Petition of Robert E. Glenn to amend proffered conditions on approximately 6.1 acres, located east of Route 706, approximately .1 mile south of intersection with Electric Road, Cave Spring Magisterial District. NATURE OF REQUEST In April, 1988, the Board of Supervisors approved an amendment of proffered conditions on this site in order for the Petitioner to construct a maximum 110 suite retirement facility. Petitioner proffered several conditions, including (e) "Architecture will display brick and wood siding exterior over wood frame construction." Petitioner has recently completed the facility, known as Elm Park Estates. During construction, the design was changed from the originally planned wood siding to stucco, a more permanent and maintenance-free exterior. Petitioner now requests that the proffer referring to wood and brick siding be deleted and that the exterior remain as it now exists. Staff has reviewed the minutes of the April 1988 Planning Commission and Board of Supervisors public hearings at which the currents proffers were discussed. The exterior of the building did not appear to be an issue in either hearing. C~t~r~ g ~~~la~ Architects February 14, 1991 TO: Members of Planning Commission Board of Supervisors RE: Request change in proffer ~~-. We have completed a retirement home on the hill overlooking the Tanglewood Mall area. This construction was allowed by the Board of Supervisors in an Apri126, 1988 public hearing. During construction we made an improvement to the design by changing the originally planned wood siding to stucco. The stucco we used is a more attractive, permanent, and maintenance free product. It was, incidentally, more expensive than wood. We feel the community as well as ourselves benefit by this change. One of our proffers (item "e") called for a wood and brick building. Unfortunately this was not taken into account when the change was made. We would like now to eliminate this proffer. We are very proud of our facility. We would like very much for you to become familiar with the community asset. I would like to extend an invitation to you to visit us at your convenience. Thank you for your consideration. Sin ly Cliff d C OFFICE 471 HIGH S.E. P.O. BOX 40 SALEM, OREGON 97308-0040 (503) 399-1090 FAX (503) 399-0565 VIRGINIA: c BEFORE THE BOARD OF SUPERVISORS OF ROANOKE COUNTY A 6.1 acre parcel of land, ) generally located east of VA secondary ) Rte 706 & 0.1 mile south of VA rimar ) Rte 419 ) within the Cave Spring ) Magisterial District, and ) recorded as parcel # 77.20-1-51 ) Part B-2 and R-3 ) in the Roanoke County Tax Records. ) TO THE HONORABLE SUPERVISORS OF ROANOKE COUNTY: L ~ ~, Being in accord with Sec. 15.1-491.1 et seq. of the Code of Virginia and Sec. 21-1O5E of the Roanoke County Zoning Ordinance, the Petitioner Clifford Curry Architect hereby voluntarily proffers to the Board of Supervisors of Roanoke County, Virginia the following conditions to the rezoning of the above-referenced parcel of land: a. A maximum 110 suite retirement facility will be constructed following the existing entrance road and parking lot. b. Type D screening and buffering or its equivalent by modification will be installed on all property borders. (Natural growth will be salvaged to maximum extent possible.) c. Final plan will be in substantial conformance with concept plan. d. One concrete sign no greater than 24 sq.ft. will be installed; no other signage will be constructed. e. Deleted f. Interior traffic circulation will be one-way and will be so designated on the property. g. A sprinkler system will be installed serving entire facility. h. A drainage system will be constructed from subject property to VA 419. i. A licensed geotechnical engineer will be hired to conduct soils test on the site, write a report, review the working drawings for compliance with recommendations, and inspect all the earth work. Respectfully submitted, PROFFER OF CONDITIONS Petitioner . _.~._ . _~ - --- ~. ._ .7 ... 1_:_ _...- ..-_---" _ ~~O ~~ OQ" ~ ~/ ~.~, 'Q~,q~ Y ~ ~ SI TE ~O ~~~ LOCATION MAP N 0 SCALE ~ ~O ~~ ~ ~ ~~ ~~ ~ ~v~ ~~ yp,~-~- ~VENN~M AI°AaTN1E-~TS pROpEl~tY OF SoutHEAStEaN 1NGOME p~vpEaT~Eti it ~•~3. 129th (~G. 39/ Tl) x ~ ~~ ~n _ ~_ i ~v~ ,~P a s ~ y9/- ~-- j _ ~+ ~ ~ ~ ~ r j,. , •,•;,, ~_., ' - , ~ : ;fit. ~. -•-~~~• is ~ ~• \ ~~'•-~\~~ ter. ia~E• f~~g~` ~.~.~,.`~ L- D a ~noTu ROANOKE COUNTY DEPARTMENT OF DEVELOPMENT Clifford Curry Amendment of Conditions ~ ~v~n~ ~ ~ mn~ AT A REGULAR MEETING OF THE NOKEDCOUNTYPADMINISTRATIONACENTER ONTYI VIRGINIA, HELD AT TTUESDAY, APRIL 23, 1991 ORDINANCE 4233 AMENDING CHAPTER 7, BUILDING REGULA- TIONS, OF THE ROANOKE COUNTY CODE BY THE AMENDMENT AND REENACTMENT OF SECTION 7-71, BUILDING OR DEMOLITIONS, AND ELECTRICAL; 7-73, BY THE REPEAL OF SECTIONS 7-72, MECHANICAL; AND 7-74, PLUMBING AND THE REENACTMENT OF A NEW SECTION 7-72, TRADE PERMIT FEES, TO PROVIDE FOR A NEW PROCEDURE TO CALCULATE FEES FOR CERTAIN PERMITS WHEREAS, § 2.01 of the Roanoke County Charter grants to Roanoke County certain powers, including the powers contained in § 15.1-906 of the 1950 Code of Virginia, as amended, which authori- zes establishing fees for permits in the enforcement of any ordinance or regulation; and WHEREAS, § 15.1-510.1 of the 1950 Code of Virginia, as amended, authorizes counties to charge such reasonable fees for the issuance of permits and the performance of inspections; and WHEREAS, § 36-105 of the 1950 Code of Virginia, as amended, authorizes local governments to enforce the provisions of the Uniform Statewide Building Code and to levy fees to defray the cost of such enforcement and any appeals; and WHEREAS, Roanoke County adopted Ordinance No. 61489-12 on June 14, 1989, and Resolution 84-45e on March 13, 1984, which estab- lished a building permit and fee schedule in accordance with the statutory requirements of the 1950 Code of Virginia; and WHEREAS, legal notice of a public hearing concerning the adoption of an ordinance increasing these fees was provided as required by law, and the first reading on this ordinance was held 1 on April 9, 1991; and the second reading and public hearing was held on April 23, 1991. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Article V of Chapter 7 of the Roanoke County Code is hereby amended and reenacted as follows: ARTICLE V. FEES Division 1. Generally. Sec. 7-71. Building m r~~..."'" Permit Fees. Permit fees are determined by calculating a value of construc- tion In order to derive this valuation, the area of the structure is multiplied by the applicable square footage The square footage construction cost is determined by the type of construction and use _group from the following chart and this valuation is adjusted by the cost multiplier of 0.88. The sctuare footage construction cost is determined by the type of construction and use group from the following chart: Square Foot Construction Costs Type of Construction Use Group lA 1B 2A 2B 2C 3A 3B 4 5A 5B A-1 $79.65 $78.51 $76.13 $74.77 $70.21 $69.75 $67.88 $67.83 $60.81 NA A-2 67.44 66.30 63.92 62.56 58.11 57.55 55.67 55.62 48.61 47.52 A-3 44.50 43.62 42.74 40.04 39.01 38.88 38.87 37.91 34.16 33.04 A-4 & 5 44.51 43.68 42.79 40.11 39.25 39.15 38.92 37.97 35.06 33.98 E 58.61 57.28 55.03 53.26 50.63 48.74 46.92 46.06 40.46 39.03 B 53.83 52.51 50.26 48.48 45.86 43.59 42.15 41.29 35.69 34.26 F 1 & 2 33.24 32.40 31.16 27.93 27.55 25.56 24.51 24.44 20.22 18.91 H 1 - 4 31.70 30.86 29.62 26.39 26.01 24.02 22.97 22.90 18.71 17.40 I -1 72.66 71.33 69.08 67.31 64.68 62.79 60.97 60.11 54.51 NA I -2 & 3 84.43 83.10 80.86 79.08 76.45 74.57 72.75 71.89 66.29 NA 2 i , M 34.06 33.19 32.29 29.60 28.75 27.15 28.43 27.47 R-1 54.71 53.92 52.17 52.02 48.98 47.00 45.34 45.40 R-2 48.22 47.43 46.72 45.53 42.49 40.51 38.85 38.91 R-3 & 4 41.38 40.63 38.51 37.66 35.46 36.90 34.84 34.84 S-1 & 2 31.70 30.86 29.62 26.39 26.01 24.02 22.97 22.90 21.79 39.98 33.49 30.84 18.71 20.69 38.50 32.01 29.66 17.40 Foundations• $6.00 per square foot Attached Garage: $8.00 per square foot Detached Garage: $10.00 per square foot Storage Buildings in Residential Areas: $8.00 per sauare foot Greenhouses: $8.00 per square foot Reinspection on construction: $25.00 Certificate of Occupancy: Commercial - $25.00 Temporarv - Single Family - $10.00 Temporarv - Commercial - $25.00 An estimated cost of construction is obtained from the applicant and is used to determine the permit fees for abplications that do not correspond to the square footage construction cost chart This includes but is not limited to, interior and exterior alterations carports decks roofing and siding construction, and demolitions. There is hereby established the following schedule for fees for Building and demolition permits: j~ n1 `,q~C A / nnn Y 7~ ~ nnn ~e Y L Y~vvv r~'i.a ~.~~.... / / 1 .~ s-fir,,-~se~e~se z / ~v- / Inn nnn +-B~nn nnn c-~n C~ nnn / / ~ i~cg- y ~-~'cx-~rv-v° C n n n n n ~ n n n n n n ~ -~~.~„S_~~..-moo 7 / ~T~ PD / / y L' n ~"; nnn nnn _ ~ own ,..i, C cn ,.. 6~ nnn 3 BUILDING AND FEE SCHEDULE VALUATION FEE VALUATION FEE VALUATION FEE $ 00 4 000 S25 00 S41 000 5225 00 S84 000 $440.00 5 000 30 00 42 000 230.00 85 ,000 445.00 6 000 36 00 43 000 235.00 _86 .000 450.0.0 7 000 42 00 44 000 240.00 87 ,000 455.00 8, 000 48 00 45 000 245.00 88 ,000 460.00 9 000 54 00 46 000 250.00 89 ,000 465.00 10, 000 60 00 47, 000 255.00 90 ,000 470.00 11, 000 66 00 48 000 260.00 91 ,000 475.00 12 000 72 00 49, 000 265.00 92 ,000 480.00 13 000 78 00 50, 000 270.00 93 ,000 485.00 14 000 84 00 51, 000 275.00 94 ,000 490.00 15 000 90 00 52 000 280.00 95 ,000 495.00 16, 000 96 00 53, 000 285.00 96 ,000 500.00 17, 000 102 00 54 000 290.00 97 ,000 505.00 18, 000 108 00 55 000 295.00 98 ,000 510.00 19 000 114 00 56 000 300.00 99 ,000 515.00 20 ,000 120 00 57 000 305.00 100 ,000 520.00 58 ,000_ 310.00 Over 20 000 00 equals 59 000 315.00 Over 100,000.00 equal 5120 00 plus S 5 00 60 000 320.00 5520.00 plus $2.00 per M 61 000 325.00 per M 21 000 125.00 62 ,000 330.00 22 ,000 130.00 63 .000 335.00 23 ,000 135 00 64 000 340.00 Fiaure Fraction from 24 000 140.00 65 ,000 345.00 here 25 000 145.00 66 000 350.00 200, 000 72.0.00 26 000 150.00 67 000 355.00 300, 000 920.00 27 000 155 00 68 ,000 360.00 400, 000 1, 120.00 28 000 160 00 69 ,000 365.00 500, 000 1, 320.00 29 000 165.00 70 000 370.00 30 000 170 00 71 000 375.00 Over $500,000 equals 31 000 175.00 72 ,000 380.00 51320 plus 32 000 180 00 73 ,000 385.00 51.00 per M 33 000 185.00 74 000 390.00 600, 000 1, 420.00 _ 34 ,000 190.00 75 000 395.00 700, 000 1, 520.00 35 000 195.00 76 ,000 400.00 800, 000 1, 620.00 36 000 200.00 77 ,000 405.00 900, 000 1, 720.00 37 ,000 205.00 78 ,000 410.00 1,000,000 1, 820.00 38 000 210.00 79 .000 415.00 39 000 215.00 80 ,000 420.00 40 ,000 220.00 81 ,000 425.00 Over 1,000,000 82 ,000 430.00 equals 51,820 plus 83 000 435.00 .50 per M 4 L Sec. 7-72. T'-"`°'-''• Trade Permit Fees. There is hereby established the following schedule for fees for =_= trade permits (trade permits include permits for heating, electrical, mechanical, and plumbing) The following schedule for trade permits is based upon the valuation as calculated pursuant to Section 7-71 as modified by a percentage factor for the use groups and the type of trade permit, as shown on the following chart• Percent Chart Heating Mechanical Plumbing Electric Class ~ $ $ ~ 1. Al - A5 6 8 8 8 2. B 5 8 5 9 3. E 6 11 8 9 4. F1 & F2 4 5 5 5 5. H1 - H4 4 5 5 5 6. I-1 5 8 9 9 I-2 9 12 9 12 I-3 5 8 9 9 7. M 5 9 5 9 8. R-1 5 9 10 8 R-2 6 15 15 15 R3 & R4 4 7 7 7 9. S1 & S2 4 9 4 7 ~~~~~~ _- „_~.__~_a ~....~ Valuation Fee $ .00 to $ 500.00 $25 500.01 to 1,000.00 30 1,000.01 to 2,000.00 40 2,000.01 to 3,000.00 50 3,000.01 to 4,000.00 60 4,000.01 to 5,000.00 75 In excess of $5,000 the fee shall be $75 plus $4 for each additional $1,000.00 or fraction thereof. No -'-~~ trade permit shall be issued for less than $25. 5 _, _ ,. / ara ~-1 a eta-re ~e~- -~re~ e~s~at rg e , , e3r~r~ee T- srr~e- -e~e~ee~e ~s , , . . . ...................... . d~a3-~'t -i C~ nnn~nn i icicvi. 2. That this ordinance shall be in effect from and after July 1, 1991. On motion of Supervisor Nickens, and carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None A COPY TESTE: ~' Mary H. A len, Clerk Roanoke County Board of Supervisors cc: File 7 Circuit Court G. O. Clemens, Judge Kenneth E. Trabue, Judge Elizabeth W. Stokes, Clerk Family Court Services Joseph M. Clark, II, Judge Fred L. Hoback, Jr., Judge Philip Trompeter, Judge Peggy H. Gray, Clerk Intake Counsellor General District Court John L. Apostolou, Judge George W. Hams, Jr., Judge Theresa A. Childress, Clerk Commonwealth Attorney Skip Burkart County Attorney Paul Mahoney Magistrate Main Library Police Department Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Code Book Sheriffs Office Arnold Covey, Director, Development & Inspections 8 ACTION # ITEM NUMBER ~~' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER MEETING DATE: April 23, 1991 AGENDA ITEM: Ordinance amending Chapter 7, Building Regulations, of the Roanoke County Code by the Amendment and Reenactment of Section 7-71, Building or Demolitions; and by the repeal of Sections 7-72, Electrical; 7-73, Mechanical; and 7-74, Plumbin~o and the reenactment of a new Section 7-72, Trade Permits,_ provide for a new procedure to calculate fees for certain permits. COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY: The County Staff is requesting the Board of Supervisors to adopt the attached Ordinance which repeals the current procedure used in calculating fees for the electrical, plumbing and mechanical trade permits and establishes a new method in which the various permits are calculated. BACKGROUND Since 1973 Roanoke County has been calculating fees for trade permits (electrical, plumbing, mechanical) based on the number of fixtures, or equipment, being installed. During the past years, this particular method of calculating permit fees has been confusing to the majority of contractors and county citizens who obtain their own permits. Homeowners usually do not know how many electrical and plumbing fixtures, or other pieces of equipment, they plan to install. SUMMARY OF INFORMATION Roanoke County staff has developed a new fee schedule for trade permits based on a percentage of the building construction cost. ~~rw This method is similar to the present procedure that we use for the calculation of building permits. Both systems were developed by B.O.C.A. (Building Officials Code Administration) and uses a common base, type of construction and the estimated cost of construction to derive at a permit fee. After reviewing different methods for calculating permits fees, it was determined that the proposed method is the simplest, and most consistent for the general public. The First Reading of the Ordinance was held on April 9, 1991; Public Hearing and Second Reading is scheduled for April 23, 1991. FISCAL IMPACT: None. The new calculation chart will allow the revenue to remain equivalent to the present revenue. STAFF RECOMMENDATION Staff recommends that the Board of Supervisors adopt the attached Ordinances with an effective date of July 1, 1991. RESPECTFULLY SUBMITTED BY: ~~. Arnold Covey Development and Inspections Director Approved ( ) Denied ( ) Received ( ) Referred To Motion by: ACTION APPROVED BY: .~ v ~, Elmer C. Hodge County Administrator Eddy Johnson McGraw Nickens Robers VOTE No Yes Abs ~f~ ~ -3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 9, 1991 ORDINANCE AMENDING CHAPTER 7, BUILDING REGULATIONS, OF THE ROANOKE COUNTY CODE BY THE AMENDMENT AND REENACTMENT OF SECTION 7-71, BUILDING OR DEMOLITIONS, AND BY THE REPEAL OF SECTIONS 7-72, ELECTRICAL; 7-73, MECHANICAL; AND 7-74, PLUMBING AND THE REENACTMENT OF A NEW SECTION 7-72, TRADE PERMIT FEES, TO PROVIDE FOR A NEW PROCEDURE TO CALCULATE FEES FOR CERTAIN PERMITS WHEREAS, § 2.01 of the Roanoke County Charter grants to Roanoke County certain powers, including the powers contained in § 15.1-906 of the 1950 Code of Virginia, as amended, which authorizes establishing fees for permits in the enforcement of any ordinance or regulation; and WHEREAS, § 15.1-510.1 of the 1950 Code of Virginia, as amended, authorizes counties to charge such reasonable fees for the issuance of permits and the performance of inspections; and WHEREAS, § 36-105 of the 1950 Code of Virginia, as amended, authorizes local governments to enforce the provisions of the Uniform Statewide Building Code and to levy fees to defray the cost of such enforcement and any appeals; and WHEREAS, Roanoke County adopted Ordinance No. 61489-12 on June 14, 1989, and Resolution 84-45e on March 13, 1984, which estab- lished a building permit and fee schedule in accordance with the statutory requirements of the 1950 Code of Virginia; and WHEREAS, legal notice of a public hearing concerning the adoption of an ordinance increasing these fees was provided as required by law, and the first reading on this ordinance was held 1 ~F~.. on April 9, 1991; and the second reading and public hearing was held on April 23, 1991. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Article V of Chapter 7 of the Roanoke County Code is hereby amended and reenacted as follows: ARTICLE V. FEES Division 1. Generally. Sec. 7-71. Building ~e ~''} "' ~ Permit Fees. Permit fees are determined by calculatinct a value of construc- In order to derive this valuation the area of the structure tion . is multiplied by the applicable square footacte The sctuare footage construction cost is determined b the t e of construction and use group from the followincx chart and this valuation is adjusted by the cost multiplier of 0.88. The sctuare footage construction cost is determined by the type of construction and use group from the followinct chart. pare Foot Construction Costs _ Type of Construction Use Gro 1A 1B 2A 2B 2C 3A 3B 4 5A 5B A-1 $79.65 $78.51 $76.13 $74.77 $70.21 $69.75 $67.88 $67.83 $60.81 NA A-2 67.44 66.30 63.92 62.56 58.11 57.55 55.67 55.62 48.61 47.52 A-3 44.50 43.62 42.74 40.04 39.01 38.88 38.87 37.91 34.16 33.04 A-4 & 5 44.51 43.68 42.79 40.11 39.25 39.15 38.92 37.97 35.06 33.98 E 58.61 57.28 55.03 53.26 50.63 48.74 46.92 46.06 40.46 39.03 g 53.83 52.51 50.26 48.48 45.86 43.59 42.15 41.29 35.69 34.26 F 1 & 2 33.24 32.40 31.16 27.93 27.55 25.56 24.51 24.44 20.22 18.91 H 1 - 4 31.70 30.86 29.62 26.39 26.01 24.02 22.97 22.90 18.71 17.40 I -1 72.66 71.33 69.08 67.31 64.68 62.79 60.97 60.11 54.51 NA I -2 & 3 84.43 83.10 80.86 79.08 76.45 74.57 72.75 71.89 66.29 NA 2 ,~9r-.3 M 34.06 33.19 32.29 29.60 28.75 27.15 28.43 27.47 R-1 54.71 53.92 52.17 52.02 48.98 47.00 45.34 45.40 R-2 48.22 47.43 46.72 45.53 42.49 40.51 38.85 38.91 R-3 & 4 41.38 40.63 38.51 37.66 35.46 36.90 34.84 34.84 S-1 & 2 31.70 30.86 29.62 26.39 26.01 24.02 22.97 22.90 Foundations• $6 00 per squ are foot Attached Garage• S8 00 per squ are foot Detached Garage• $10 00 per sq uare foot e foot Storage Building s in Residential Areas• S8 00 per s quar Greenhouses• 58 00 per squ are foot Reinspection on construction: $25.00 Certificate of Occupancy Commercial - $25.00 Temp orary - Single Family - 510.00 Tem porary - Commercial - 525.00 21.79 20.69 39.98 38.50 33.49 32.01 30.84 29.66 18.71 17.40 An estimated cost of construction is obtained from the applicant and is used to determine the permit fees for applications - ~ ~t _ _M__.... c..r.~~ire nnnctrtl['!t l []ri COSt demolitions. There is hereby established the following schedule for fees for Building and demolition permits: 3 ~9~- ~~~~ vAI1JATION FEE VALUATION FEE VALUATION FEE 000 $ 00 4 S25 00 $41 000 $225 00 584, 000 5 440.00 , 5 000 30.00 42 000 230.00 85 000 445.00 6 000 36.00 43 000 235.00 86 000 450.00 7 000 42.00 44 000 240.00 87 000 455.00 8 000 48.00 45 000 245.00 88 000 460.00 9 000 54.00 46 000 250.00 89 000 465.00 10 000 60.00 47 000 255.00 90 000 470.00 11 000 66.00 48 000 260.00 91 000 475.00 12 000 72.00 49 000 265.00 92 000 480.00 13 000 78.00 50 000 270.00 93 000 485.00 14 000 84.00 51 000 275.00 94 000 490.00 15 000 90.00 52 000 280.00 95 000 495.00 16 000 96.00 53 000 285.00 96 000 500.00 17 000 102.00 54 000 290.00 97 000 505.00 18 000 108.00 55 000 295.00 98 000 510.00 19 000 114.00 56 000 300.00 99 000 515.00 20 000 120.00 57 000 305.00 100 000 520.00 58 000 310.00 Over 20 000 00 equals 59 000 315 00 Over 100 000 00 equal $120 00 plus S 5 00 60 000 320 00 5520 00 plus $2.00 ~. M 61 000 325 00 per M 21 000 125.00 62 000 330.00 22 000 130.00 63 000 335.00 23,000 135 00 64,000 340 00 Fiau re Fraction frarn 24 000 140.00 65 000 345.00 here 25 000 145.00 66 000 350.00 200 000 720.00 26 000 150.00 67 000 355.00 300 000 920.00 27 000 155.00 68 000 360.00 400 000 1 120.00 28 000 160.00 69 000 365.00 500 000 1 320.00 29 000 165.00 70 000 370.00 30 000 170 00 71 000 375 00 Over $500 000 equals 31 000 175 00 72 000 380 00 $1320 plus 32 000 180 00 73 000 385 00 $1 00 per M 33 000 185.00 74 000 390.00 600 000 1 420.00 34 000 190.00 75 000 395.00 700 000 1 520.00 35 000 195.00 76 000 400.00 800 000 1 620.00 36 000 200.00 77 000 405.00 900 000 1 720.00 37 000 205.00 78 000 410.00 1 000 000 1 820.00 38 000 210.00 79 000 415.00 39,000 215.00 80,000 420.00 40 000 220 00 81 000 425 00 Over 1,000,000 82,000 430 00 equ als Sl 820 plus 83 000 435 00 50 per M y91~ Sec. 7-72. Trade Permit Fees. There is hereby established the following scY~edule for fees for eleet~ea~ trade permits (trade permits include permits for heating electrical mechanical, and plumbing) The following schedule for trade pe rmits is based upon the erceaztage d b t to Section 7-71 as y a p modifie valuation as calculated pursuan factor for the use groups and the chart: type of trade perm it, as shown on the followuxt Percent Chart Heating Mechanical Plumbing Electric Class ~ ~ ~ ~ 1. Al - A5 6 8 8 8 2. B 5 8 5 9 3. E 6 11 8 9 4. F1 & F2 4 5 5 5 5. H1 - H4 4 5 5 5 6. I-1 5 9 8 12 9 9 9 12 I-2 I-3 5 8 9 9 7. M 5 9 5 9 8. R-1 5 6 9 15 10 15 8 15 R-2 R3 & R4 4 ~ ~ ~ 9. S1 & S2 4 9 4 ~ r ~ ~ .~.- ~ ~ ~-e Valuation Fee $ .00 to $ 500.00 $ 500.01 to 1,000.00 30 1,000.01 to 2,000.00 40 2,000.01 to 3,000.00 50 60 3,000.01 to 4,000.00 75 4,000.01 to 5,000.00 In excess of $5,000 the fee shall be $75 plus $4 for each additional $1,000.00 or fraction thereof. No elee~iea~ trade permit shall be issued for less than $25. 5 ~~~~ Tl i. L. L EMI 7 r r L . i.~. ? / ~ ~ ~ 83. ~ 5~ ~ r ~ ~~~~ .................. . .... .. . ................ .... . . 2. That this ordinance shall be in effect from and after July 1, 1991. r ~` AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 23, 1991 ORDINANCE 42391-14 REAPPORTIONING THE REPRESE- NTATION IN THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, BY ALTERING THE BOUNDARIES OF THE ELECTION DISTRICTS, BY ESTABLISHING VOTING PRECINCTS THEREFOR, INCORPORATING A MAP SHOWING THE BOUNDARIES OF SAID DISTRICTS AND PRECINCTS, AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE WHEREAS, legal notice of a public hearing concerning the adoption of an ordinance establishing magisterial districts for the County of Roanoke was provided as required by law; and WHEREAS, the first reading and public hearing on this ordinance was held on April 9, 1991; and the second reading was held on April 23, 1991. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That there shall be established in Roanoke County five magisterial districts or election districts to be known and designated as follows: Catawba Magisterial District Hollins Magisterial District Vinton Magisterial District Cave Spring Magisterial District Windsor Hills Magisterial District from each of which there shall be elected one member of the Board of Supervisors of Roanoke County; and 2. That the outside boundaries of the five said magisterial districts shall be as follows: 1 Catawba Magisterial District Beginning at the common corner between Craig, Montgomery, and Roanoke counties; thence with the line between Craig and Roanoke counties along the crest of North and Brush Mountains in a nor- theastern direction to the common corner in the line between Roanoke, Craig, and Botetourt counties; thence with the line between Roanoke and Botetourt counties in a southeasterly direction to the southerly right-of-way line of Interstate 81; thence with the southerly right-of-way of Interstate 81 and in a westerly direction to its intersection with Interstate 581; thence in a southerly direction with Interstate 581 to its intersection with Virginia Route 117 (Peters Creek Road), said point being on the northerly boundary of the City of Roanoke and the northerly right- of-way of Virginia Route 117 (Peters Creek Road); thence in the southwesterly direction of Virginia Route 117 (Peters Creek Road) and with the City of Roanoke corporate lines to their intersection with Cove Road; thence with Cove Road and with the City of Roanoke corporate lines in a westerly and southwesterly direction to its intersection with the east corporate line of the City of Salem; thence with the east corporate line of the City of Salem in a northwesterly direction to Virginia Primary Route 419 (Electric Road) ; thence with the east corporate line of the City of Salem and Virginia Primary Route 419 (Electric Road) to Interstate 81 and the north corporate line of the City of Salem; thence with the north corporate line of the City of Salem and Interstate 81 in a south- 2 westerly direction to the west corporate line of the City of Salem; thence with the corporate line of the City of Salem in a southerly direction and with the south corporate line of the City of Salem in an easterly and southerly direction to a point on the corporate line of the City of Salem at a point where the said line turns from southeast to northeast near the 1990 terminus of State Route 736 (Mowles Road); thence with a line in a southwesterly direction to a point where it intersects with a gas transmission line at the crest of Twelve O'Clock Knob (elevation 2683); thence with the crest of Twelve O'Clock Knob and with the crest of Poor Mountain, the dividing line between the Catawba and the Windsor Hills Magisterial Districts, in a westerly and southwesterly direction to its intersection with State Secondary Route 612; thence following the ridge line of Poor Mountain in a generally south- westerly direction to a point of intersection with State Secondary Route 916 at the Roanoke/Montgomery County line; thence with the Roanoke/Montgomery County line in a northerly direction to the place of beginning. Hollins Magisterial District Beginning at a point of intersection of the southerly right- of-way of Interstate 81 and the Roanoke/Botetourt County line; thence with the southerly right-of-way of Interstate 81 in a westerly direction to its intersection with Interstate 581; thence in a southerly direction with Interstate 581 to Virginia Route 117 (Peters Creek Road) and the corporate line of the City of Roanoke; 3 thence in an easterly and southerly direction with the corporate line of the City of Roanoke to a point of intersection with the crest of the Stewart's Knob; thence east with the crest of Stewart's Knob to the Blue Ridge Parkway; thence in a northeasterly direction with the Blue Ridge Parkway to the Botetourt County line; thence in a northerly and westerly direction with the Roanoke/Bote- tourt County line to the place of beginning. Vinton Magisterial District Beginning at a common point between Botetourt and Roanoke counties and the Blue Ridge Parkway; thence in a southwesterly direction along the Blue Ridge Parkway to the crest of Stewart's Knob; thence in a westerly direction with Stewart's Knob to a point on the City of Roanoke corporate line; thence in a southeasterly direction along the said City of Roanoke's corporate line to the northern-most corner of the corporate line of the Town of Vinton; thence following the courses of the corporate line between the Town of Vinton and the City of Roanoke in a westerly and southerly direction to a point at the corner of the Town of Vinton corporate line at the Roanoke River and on the City of Roanoke corporate line; thence continuing with the City of Roanoke corporate line in a south and southwesterly direction until the said City of Roanoke corporate line intersects the western right-of-way line of Virginia Secondary Route 668 (Yellow Mountain Road); thence continuing with the western right-of-way line of Virginia Secondary Route 668 (Yellow Mountain Road) in a southerly direction until its intersec- 4 Secondary Route 690 in a northerly direction to its intersection with U. S. Highway 221; thence in a northeasterly direction with U. S. Highway 221 to a point where said route enters the City of Roanoke; thence with the corporate line of the City of Roanoke in a southeasterly and easterly direction until it intersects with the western side of Virginia Secondary Route 668 (Yellow Mountain Road) at the place of beginning. Windsor Hills Magisterial District Beginning at a point on the east side of Virginia Primary Route 419 (Electric Road) and the north side of Virginia Secondary Highway 635 (Keagy Road) a common corner on the City of Salem/City of Roanoke/Roanoke County boundary; thence with the west corporate line of the City of Roanoke and the east side of Virginia Primary Route 419 (Electric Road) in a south-southeasterly direction to the intersection of Virginia Highway 713 (Glen Heather Road); thence with the west corporate line of the City of Roanoke and the south side of Virginia Highway 713 (Glen Heather Road) in an easterly direction to the intersection with State Secondary Route 686 (Grandin Road Extension); thence with the west corporate line of the City of Roanoke and the south side of State Secondary Route 686 (Grandin Road Extension) in an easterly direction to the west outside boundary of Taryn Hill Subdivision; thence with the west corporate line of the City of Roanoke to Garst Mill Road; thence with the west corporate line of the City of Roanoke and the south side of Garst Mill Road in an east-northeasterly direction to the 6 intersection of Grandin Road Extension; thence with the west corporate line of the City of Roanoke and the south side of Grandin Road Extension in an easterly direction to the center of Mudlick Creek; thence with the west corporate line of the City of Roanoke to U. S. Highway 221; thence leaving the corporate line of the City of Roanoke and with U. S. Highway 221 in a southwesterly direction to State Secondary Route 690; thence southerly with State Secondary Route 690 to State Secondary Route 691; thence with State Secondary Route 691 in a southerly direction to the Roanoke/Franklin County line; thence with the Roanoke/Franklin County line as it meanders in a southwesterly direction along the crest of Blue Ridge Moun- tains to its intersection with the Roanoke/Floyd County line; thence with the Roanoke/Floyd County line westerly to its intersec- tion with the common corner of the Roanoke/Montgomery/Floyd county line; thence with the Roanoke/Montgomery County line in a northerly direction to the crest of Poor Mountain at its intersection with State Secondary Route 916; thence following the crest of Poor Mountain in a generally northeasterly direction ~a-~~~e~~eo *. ' ~~~~~ - thence continuing along the crest of Poor Mountain and Twelve O'Clock Knob to a point where a gas transmis- sion line crosses the crest of Twelve O'Clock Knob (elevation 2683); thence with a line in a northeasterly direction to a point on the corporate line of the City of Salem near the 1990 terminus of State Route 736 (Mowles Road); thence with the corporate line of the City of Salem in an easterly and northerly direction to 7 Virginia Secondary Highway 685 (Keagy Road); thence in a northerly and easterly direction with Virginia Secondary Highway 685 (Keagy Road) to its intersection with Virginia Primary Route 419 to the place of beginning. 3. That the outside boundaries of the twenty-nine (29) voting precincts shall be as follows: Bent Mountain Precinct Beginning on the Roanoke/Montgomery County line at top of Poor Mountain ~~re~ep^er '" """""'"'ir. at the intersection of State Secondary Route 916; thence following the ridge line of Poor Mountain in a generally northeasterly direction to an elevation of 3720 feet near the radio tower shown on USGS uad sheet thence continuing in a generally l~easterly direction down the slope of Poor Mountain to an elevation of 2800 feet; thence following the 2800 foot contour elevation of Poor and Bent Mountains in a generally southern direction to the contours point of intersection with the Appalachian Power Company high tension Roanoke-Claytor transmission line; thence easterly with the Appalachian Power Company high tension Roanoke-Claytor transmission line down the slope of Bent Mountain to the topographic elevation 2,000 feet at a branch of Back Creek; thence with the topographic elevation 2,000 feet in a southeasterly direction with the base of Bent Mountain to Dividing Spring Branch; thence southerly with 8 Dividing Spring Branch as it meanders to the Roanoke/Franklin County line at Slings Gap; thence with the Roanoke/Franklin County line in a westerly-southwesterly direction to the Roanoke/Floyd County line; thence with the Roanoke/Floyd County line westerly to the Roanoke/Floyd/Montgomery County line; thence with the Roanoke/- Montgomery County line in a northerly direction to the place of beginning. Windsor Hills Magisterial District Bent Mountain Fire Station - voting place Bonsack Precinct Beginning at a point of intersection of the Blue Ridge Parkway and the Roanoke/Botetourt County line; thence in a southwesterly direction with the Blue Ridge Parkway to the topographic crest of Stewart's Knob; thence with the topographic crest of Stewart's Knob in a westerly direction to a point on the east corporate line of the City of Roanoke; thence with the east corporate line of the City of Roanoke to its intersection with State Secondary Route 611 (Read Mountain Road); thence in an easterly direction with Secon- dary Route 611 until it intersects with the crest of Read Mountain Extended; thence northeasterly with the crest of Read Mountain until it intersects with the Roanoke/Botetourt County line; thence southeasterly with the Roanoke/Botetourt County line to the place of beginning. Hollins Magisterial District 9 Bonsack United Methodist Church - voting place Botetourt Springs Precinct Beginning at the southerly right-of-way of Interstate 81 and the Botetourt/Roanoke County line; thence with the southerly right- of-way of Interstate 81 in a westerly direction to Deer Branch Creek; thence south with Deer Branch Creek to Virginia Route 117 (Peters Creek Road); thence with Virginia Route 117 (Peters Creek Road) in a westerly direction to the west fork of Carvin Creek; thence with the west fork of Carvin Creek in a northwesterly direction approximately 1,000 feet to a point where the center line of the present Cross Timbers Trail, if extended, would intersect the said west fork of Carvin Creek; thence with the center line of Cross Timbers Trail extended in a southwesterly direction to the true center line of the existing Cross Timbers Trail; thence with the center line of Cross Timbers Trail to its intersection with Virginia Secondary Route 628 (Wood Haven Road); thence with State Secondary Route 628 (Wood Haven Road) west to the west right-of- way of Interstate Route 581; thence north with the west right-of- way line of Interstate Route 581 to Interstate Route 81; thence east with the southerly right-of-way of Interstate 81 to the Botetourt/Roanoke County line being the place of beginning. Hollins Magisterial District Hollins Fire Station - Voting place Burlington Precinct l0 north with U.S. Highway 11 (Williamson Road) to the place of Beginning. Hollins Magisterial District Burlington Elementary School - voting place Castle Rock Precinct Beginning at a point in the intersection of Virginia Primary Route 419 (Electric Road) and U. S. Highway 221 (Brambleton Avenue); thence southwesterly with U. S. Highway 221 (Brambleton Avenue) to its intersection with Rosecrest Road; thence in a westerly direction with Rosecrest Road to its intersection with State Route 689 (Roselawn Road); thence with State Secondary Route 689 (Roselawn Road) in a northwesterly direction to the crossing location of the Appalachian Power Company high tension Glen Lyn - Hancock Electric Transmission line; thence with Appalachian Power Company high tension Glen Lyn-Hancock Electric Transmission line in a northeasterly direction to its intersection State Secondary Route 1687 (Brahma Road); thence northwest with State Secondary Route 1687 (Brahma Road) to State Secondary Route 1688 (Longhorn Road); thence north with State Secondary Route 1688 (Longhorn Road) to State Secondary Route 702 (Castle Rock Road); thence in a westerly direction with State Secondary Route 702 (Castle Rock Road) to State Secondary Route 1316 (Stoneybrook Drive); thence north/northeasterly with State Secondary Route 1316 (Stoneybrook Drive) to Virginia Primary Route 419 (Electric Road); thence in a southeasterly/easterly direction with Virginia Primary Route 419 12 (Electric Road) to its intersection with U.S. Highway 221 (Bramble- ton Avenue) being the place of beginning. Windsor Hills Magisterial District Cave Spring Fire Department - voting place Catawba Precinct Beginning at the top of Brush Mountain at the Montgomery- Roanoke-Craig County line; thence with the Roanoke-Craig County line in a northeasterly direction to the Roanoke-Craig-Botetourt County line; thence with the Roanoke-Botetourt County line in a southerly direction to the crest of Tinker Mountain; thence with the crest of Tinker Mountain in a westerly direction to the top of McAfee Knob on Catawba Mountain,; thence continuing in a westerly direction with the crest of Catawba Mountain to the Roanoke- Montgomery County line; thence with the Roanoke-Montgomery County line in a northerly direction to the place of beginning. Catawba Magisterial District Catawba Fire Station - Voting Place Cave Spring Precinct Beginning at a point at the intersection of U.S. Highway 221 (Brambleton Avenue) and State Secondary Route 720 (Colonial Avenue); thence east with State Secondary Route 720 (Colonial Avenue) to State Secondary Route 687 (Penn Forest Boulevard); thence continuing east with State Secondary Route 687 (Penn Forest Boulevard) to State Secondary Route 800 (Chaparral Drive); thence 13 southwest with State Secondary Route 800 (Chaparral Drive) to State Secondary Route 613 (Merriman Road); thence with State Secondary Route 613 (Merriman Road) southeasterly to State Secondary Route 1726 (Cartwright Drive); thence with Cartwright Drive in a South- westerly direction to State Secondary Route 897; thence with State Secondary Route 897 in a westerly direction to U.S. Highway 221 (Brambleton Avenue); thence with U.S. Highway 221 (Brambleton Avenue) in a northerly direction to the place of beginning. Cave Spring Magisterial District Cave Spring Elementary School - voting place Clearbrook Precinct Beginning at a point in the City of Roanoke corporate line where U.S. 220 south exits the City; thence with the southerly boundary of the City of Roanoke in a northeasterly direction to a point where it intersects Secondary Route 668 (Yellow Mountain Road); thence in a southerly direction until Route 668 (Yellow Mountain Road) intersects Route 667 (Mayland Road); thence in a southeasterly direction with Secondary Route 667 until it inter- sects with Secondary Route 666 (Bandy Road); thence in a north- easterly direction with Secondary Route 666 (Bandy Road) to its intersection with State Route 667 (Old Virginia Springs Road); thence southeasterly with State Route 667 (Old Virginia Springs Road) to the Franklin County line at the crest of the Blue Ridge Mountains; thence with the Roanoke-Franklin County line in a southwesterly to northwesterly direction as it meanders along the 14 crest of the Blue Ridge Mountains to State Secondary Route 613; thence northerly along State Secondary Route 613 until it inter- sects the Blue Ridge Parkway; thence in a south-easterly and northeasterly direction with the Blue Ridge Parkway until it intersects Primary Highway 220; thence northerly with Primary Highway 220 to the place of beginning. Cave Spring Magisterial District Voting Place - Clearbrook Elementary School Cotton Hill Precinct Beginning at a point on the western right-of-way of U. S. Highway 221 (Brambleton Avenue) at its intersection with State Secondary Route 897; thence west with U. S. Highway 221 (Brambleton Avenue) to State Secondary Route 690; thence south with State Secondary Route 690 to State Secondary Route 691; thence in a southerly direction with State Secondary Route 691 to the Franklin- Roanoke County line; thence in an easterly direction with the crest of the Blue Ridge Mountains and the Franklin-Roanoke County line to State Secondary Route 613; thence in a northerly direction with State Secondary Route 613 through Starkey to State Secondary Route 897; thence with State Secondary Route 897 in a westerly direction to the point of beginning. Cave Spring Magisterial District Penn Forest Elementary School - Voting Place 15 Garst Mill Precinct Beginning at a point on Virginia Primary Route 419 at Cordell Drive: thence with Cordell Drive in an easterly direction to its intersection with Old McVitty Road; thence south with Old McVitty Road to its intersection with Cresthill Drive; thence in an easterly direction with Cresthill Drive to its intersection with the west fork of Mud Lick Creek; thence with the west fork of Mud Lick Creek and Mud Lick Creek as it meanders in a northeasterly direction to the southerly corporate line of the City of Roanoke; thence with the corporate line of the City of Roanoke in a north- easterly and southeasterly direction to a point where it crosses U. S. Highway 221 (Brambleton Avenue); thence with U. S. Highway 221 (Brambleton Avenue) in a southwesterly direction to its intersection with Virginia Primary Route 419; thence with Virginia Primary Route 419 in a northwesterly direction to the place of beginning. Windsor Hills Magisterial District Library Headquarters - voting place Glenvar Precinct Beginning at a point on the Roanoke/Montgomery County line where U.S. 81 intersects that line; thence with the said U.S. Interstate 81 in a northeasterly direction to its intersection with State Secondary Route 640; thence to the south right-of-way line 16 of the said Interstate 81 to the western most corner of the City of Salem corporate line; thence in a generally northeasterly direction with the said City of Salem corporate line to a point where Dry Branch forks into an easterly and westerly fork; thence with the easterly fork of the said Dry Branch as it meanders in generally a northwesterly direction to where this branch or hollow intersects a fire trail at the topographic crest of Fort Lewis Mountain, the said branch or hollow crosses the boundary of the Haven State Game Refuge and is approximately 8,600 feet south- westerly of its eastern most corner; thence with the topographic crest of Fort Lewis Mountain and generally a southwesterly direc- tion to its intersection with the Roanoke/Montgomery County line; thence with the said Roanoke/Montgomery County line in a south- easterly direction to the place of beginning. Catawba Magisterial District Glenvar Elementary School - Voting Place Green Hill Precinct Beginning at a point on U. S . Interstate 81 at its intersection with Secondary Route 640 and opposite and north of the City of Salem corporate limits; thence south to the west corporate line of the City of Salem; thence with the west corporate line of the City of Salem in a southerly direction and with the south corporate line of the City of Salem in an easterly and southerly direction to a 17 point on the corporate line of the City of Salem at a point where the said line turns from southeast to northeast near the 1990 terminus of State Route 736 (Mowles Road); thence with a line in a southwesterly direction to a point where it intersects with a gas transmission line at the crest of 12 O'Clock Knob (elevation 2683); thence with the crest of 12 O'Clock Knob and with the crest of Poor Mountain, the dividing line between Catawba and the Windsor Hills Magisterial District, in a westerly and southwesterly direction to the intersection of State Secondary Route 612; thence following ~ the crest of Poor Mountain in a generally southwester- ly direction to its intersection with State Secondary Route 916 on the Montgomery/Roanoke County line; thence with the Montgom- ery/Roanoke County line in a northerly direction to U.S. Interstate 81; thence in a northeasterly direction with U.S. Interstate 81 to the point of beginning. Catawba Magisterial District Fort Lewis Fire Station - voting place Hollins Precinct Beginning at the southerly right-of-way of Interstate 81 and the Roanoke/Botetourt County line; thence with the southerly right- of-way of Interstate 81 in a westerly direction to Deer Branch Creek; thence south with Deer Branch Creek as it meanders to Virginia Route 117 (Peters Creek Road); thence easterly with Virginia Route 117 (Peters Creek Road) to its intersection with Route 11 (Williamson Road); thence in a southeasterly direction 18 with Route 11 (Williamson Road) to its intersection with State Secondary Route 1821 (Clubhouse Drive); thence in a southeasterly direction with State Secondary Route 1821 (Clubhouse Drive) extended until it intersects the east fork of Carvins Creek; thence northeasterly with Carvins Creek as it meanders until it intersects Virginia Primary Route 115 (Plantation Road); thence in a north- westerly direction with Virginia Primary Route 115 (Plantation Road) until it intersects Route 11 (Williamson Road); thence in an easterly direction with Route 11 (Williamson Road) until it intersects the Roanoke/Botetourt County line; thence with the Roanoke/Botetourt County line in a northwesterly direction to the place of beginning. Hollins Magisterial District Hollins Library - voting place Hunting Hills Precinct Beginning at a point where U.S. Route 419 (Electric Road) intersects the corporate line of the City of Roanoke; thence in a southeasterly direction with the corporate line of the City of Roanoke and partially with Route 220 to a point where the said Route 220 intersects the Blue Ridge Parkway; thence with the Blue Ridge Parkway in a southwesterly and then northwesterly direction to its intersection with Route 613 ; thence in a northerly direction with State Secondary Route 613 to Secondary Route 904 (Starkey Road); thence in an easterly and northerly direction with State Secondary Route 904 (Starkey Road) to its intersection with State 19 Primary Route 419 (Electric Road); thence in a northeasterly direction with State Primary Route 419 (Electric Road) to the place of beginning. Cave Spring Magisterial District Penn Forest Church of God - Voting Place Lindenwood Precinct Beginning at a point of intersection of the east corporate limit of the City of Roanoke and the topographic crest of Stewart's Knob; thence in a easterly direction with the topographic crest of Stewart' s Knob to the Blue Ridge Parkway ; thence in a northeasterly direction with the Blue Ridge Parkway to the Botetourt/Roanoke County line; thence south with the Botetourt-Roanoke County line to its intersection with the Botetourt/Bedford/Roanoke County line; thence with the Bedford/Roanoke County line in a southerly direc- tion to the Roanoke River; thence west with the Roanoke River to Wolf Creek at the east corporate limit of the Town of Vinton; thence north with Wolf Creek and the east corporate limit of the Town of Vinton to the place of beginning. Vinton Magisterial District William Byrd High School - Voting Place Mason Valley Precinct Beginning at a point on the Roanoke/Montgomery County line at the top of Catawba Mountain; thence with the crest of Catawba Mountain in an easterly direction to the top of McAfee Knob; thence 20 with the crest of Tinker Mountain in an easterly direction to the Roanoke/Botetourt County line; thence with the Roanoke/Botetourt County line in a southeasterly direction to the southerly right- of-way of Interstate 81; thence west with Interstate 81 to its intersection with a service road identified as Loch Haven Drive; thence north with Loch Haven Drive to Loch Haven Country Club; thence north with the road to Loch Haven Country Club to State Secondary Route 1404; thence in a westerly direction with State Secondary Route 1404 to the City of Roanoke Water Department west property line; thence north with the City of Roanoke Water Depart- ment west property line to the topographic crest of Brushy Moun- tain; thence with the crest of Brushy Mountain in a southwesterly direction crossing Mason's Creek to the intersection of Virginia Route 311 and State Secondary Route 863 ; thence north with Virginia Route 311 to the topographic crest of Fort Lewis Mountain; thence leaving Virginia Route 311 with the topographic crest of Fort Lewis Mountain in a westerly direction to the Roanoke/Montgomery County line; thence with the Roanoke/Montgomery County line in a north- westerly direction to the place of beginning. Catawba Magisterial District Mason Cove Elementary School - Voting Place Mountain View Precinct Beginning at a point on the Roanoke/Botetourt County line at its intersection with U. S. Primary Route 11 (Williamson Road); thence in a westerly direction with U. S. Primary Route 11 21 (Williamson Road) to its intersection with Virginia Primary Route 115 (Plantation Road); thence in a southerly direction with Virginia Primary Route 115 (Plantation Road) to a point where it intersects with the north corporate line of the City of Roanoke; thence northeasterly with the corporate line of the City of Roanoke as it meanders until it intersects with Secondary Route 611 (Read Mountain Road); thence in an easterly direction with Secondary Route 611 (Read Mountain Road) until it intersects with the crest of Read Mountain Extended; thence northeasterly with the crest of Read Mountain until it intersects with the Roanoke/Botetourt County line; thence northwesterly with the said Roanoke/Botetourt County line to the place of beginning. Hollins Magisterial District Mountain View Elementary School - voting place Mount Pleasant Precinct Beginning at the west corporate line of the Town of Vinton and the east corporate line of the City of Roanoke at the Roanoke River; thence with the Roanoke River in a southeasterly direction to the Roanoke-Bedford County line; thence in a southerly direction with the Roanoke River/Roanoke County/Bedford County line to the Roanoke/Franklin/Bedford County line; thence in a southerly direction with the Roanoke/Franklin County line along the crest of the Blue Ridge Mountains to State Route 667 (Old Virginia Springs Road extended); thence in a northwesterly direction with State 22 Secondary Route 667 to its intersection with Route 666 (Bandy Road); thence continuing with Route 666 (Bandy Road) in a south- westerly direction until it intersects with State Route 667 (Mayland Road); thence in a northwesterly direction with State Route 667 until it intersects State Route 668 (Yellow Mountain Road); thence in a northerly direction with Yellow Mountain Road until it intersects with the southern corporate line of the City of Roanoke; thence with the southern corporate line of the City of Roanoke in a northeasterly direction to the place of beginning. Vinton Magisterial District Mount Pleasant Elementary School - Voting Place Mount Vernon Precinct Beginning at a point on State Secondary Route 720 (Colonial Avenue) and the south corporate limit of the City of Roanoke; thence with State Secondary Route 720 (Colonial Avenue) in a southwesterly direction to U.S. Highway 221 (Brambleton Avenue); thence in a northeasterly direction with Route 221 (Brambleton Avenue) to the south corporate limit of the City of Roanoke; thence with the south corporate limit of the City of Roanoke in a south- easterly direction to the place of beginning. Cave Spring Magisterial District Roanoke County Administration Center - Voting Place Northside Precinct 23 Beginning at a point at the intersection of Interstate 581 and State Secondary Route 628 (Wood Haven Road) ; thence in a northwest- erly direction with State Secondary Route 628 (Wood Haven Road) to its intersection with Virginia Secondary Route 629 (Green Ridge Road) ; thence in a southerly direction with Green Ridge Road to its intersection with Cove Road; thence in an easterly direction with Cove Road to its intersection with Virginia Route 117 (Peters Creek Road) ; said point being on the northern boundary of the City of Roanoke and the northern right-of-way of Peters Creek Road; thence with the northerly right-of-way of Virginia Secondary Route 117 (Peters Creek Road) and partially with the corporate line of the City of Roanoke to the intersection of the northerly right-of-way line of Virginia Highway 117 (Peters Creek Road) with Interstate 581; thence in a northerly direction with Interstate 581 to the place of beginning. Catawba Magisterial District Northside High School - voting place North Vinton Precinct Beginning at the east corporate line of the City of Roanoke and the west corporate line of the Town of Vinton at Virginia Avenue; thence with the corporate line of the Town of Vinton in a northeasterly and easterly direction to Wolf Creek; thence with Wolf Creek and the east corporate line of the Town of Vinton in a southerly direction to Washington Avenue; thence with Washington Avenue in a westerly direction to Pollard Street; thence with 24 Pollard Street in a southerly direction to Virginia Avenue at First Street; thence with Virginia Avenue in a westerly direction to the place of beginning. Vinton Magisterial District Vinton Fire Department - Voting Place Oak Grove Precinct Beginning at a point on the east side of Virginia Primary Route 419 (Electric Road) and on the north side of .Virginia Secondary Highway 685 (Keagy Road) being a point on the City of Salem/City of Roanoke/Roanoke County boundary; thence with the west corporate line of the City of Roanoke and the east side of Virginia Primary Route 419 (Electric Road) in a south-southeasterly direc- tion to the intersection with State Secondary Route 1316 (Stoney- brook Drive); thence in a southwesterly direction with State Secondary Route 1316 (Stoneybrook Drive) to State Secondary Route 702 (Castle Rock Road); thence in an easterly direction with State Secondary Route 702 (Castle Rock Road) to State Secondary Route 1688 (Longhorn Road); thence south with State Secondary Route 1688 (Longhorn Road) to State Secondary Route 1687 (Brahma Road); thence southeast with State Secondary Route 1687 (Brahma Road) to the crossing of the Appalachian Power Company high tension Glen Lyn- Hancock electric transmission line; thence with the Appalachian Power Company high tension Glen Lyn-Hancock electric transmission line in a southwesterly direction to State Secondary Route 689 (Roselawn Road); thence northwest with State Secondary Route 689 25 (Roselawn Road) to State Secondary Route 692; thence west with State Secondary Route 692 (Mount Chestnut Road) to the crossing location of a gas pipeline; thence with this gas pipeline in a northerly direction to its intersection with the crest of 12 O'Clock Knob (elevation 2683); thence with a line in a north- easterly direction to a point on the south corporate line of the City of Salem near the 1990 terminus of State Route 736 (Mowles Road); thence with the south corporate line of the City of Salem in an easterly direction to the place of beginning. Windsor Hills Magisterial District Oak Grove School - voting place Oqden Precinct Beginning at a point on State Secondary Route 720 (Colonial Avenue) and the south corporate limit of the City of Roanoke; thence with State Secondary Route 720 (Colonial Avenue) in a southwesterly direction to State Secondary Route 687 (Penn Forest Boulevard); thence east with State Secondary Route 687 (Penn Forest Boulevard) to State Secondary Route 904 (Starkey Road); thence northeast with State Secondary Route 904 (Starkey Road) to Virginia Route 419 (Electric Road); thence northeast with Virginia Route 419 (Electric Road) to the south corporate limit of the City of Roanoke; thence north and westerly with the south corporate limit of the City of Roanoke to the place of beginning. Cave Spring Magisterial District Green Valley Elementary School - Voting Place 26 Penn Forest Precinct Beginning at a point at the intersection of State Secondary Route 687 (Penn Forest Boulevard) and State Secondary Route 800 (Chaparral Drive); thence with State Secondary Route 800 (Chaparral Drive) in a southwesterly direction to State Secondary Route 613 (Merriman Road); thence southeasterly with State Secondary Route 613 (Merriman Road) to State Secondary Route 1525 (Cartwright Drive); thence in a southwesterly direction with State Secondary Route 1525 (Cartwright Drive) to State Secondary Route 897; thence east with State Secondary Route 897 to State Secondary Route 613 (Merriman Road); thence with State Secondary Route 613 (Merriman Road) in a southeasterly direction to State Secondary Route 904 (Starkey Road); thence east and north with State Secondary Route 904 (Starkey Road) to State Secondary Route 687 (Penn Forest Boulevard); thence with State Route 687 (Penn Forest Boulevard) in a westerly direction to the place of beginning. Cave Spring Magisterial District Cave Spring High School - Voting Place Peters Creek Precinct Beginning at a point on Route 628 (Wood Haven Road) where the said Route 628 crosses the western right-of-way line of U.S. Route 581; thence north with the west right-of-way line of Interstate 581 crossing Interstate Route 81 and the intersection of Route 81 27 service road (Loch Haven Drive) to the intersection of the road to Loch Haven Country Club; thence north with the road to Loch Haven Country Club to State Secondary Route 1404; thence in a westerly direction with State Secondary Route 1404 to the City of Roanoke Water Department west property line; thence north with the City of Roanoke Water Department west property line to the topographic crest of Brushy Mountain; thence with the topographic crest of Brushy Mountain in a southwesterly direction crossing Mason Creek to the intersection of Virginia Route 311 and State Secondary Route 683; thence north with Virginia Route 311 to the topographic crest of Fort Lewis Mountain; thence leaving Virginia Route 311 and with the topographic crest of Fort Lewis Mountain in a northwesterly direction approximately 13,000 feet intersecting a hollow which is the east fork of Dry Branch and an existing fire trail; thence with the hollow which is the east fork of Dry Branch in a southeasterly direction as it meanders to a point where Dry Branch divides into an east and west fork at the north corporate line of the City of Salem; thence with the north corporate line of the City of Salem and in a generally northeasterly direction to its intersection with State Route 419 (Electric Road); thence with the east corporate line of the City of Salem in a south-northeasterly direction to a point on the City of Salem, Roanoke County, and City of Roanoke line at Green Ridge Road; thence in a southeasterly direction with Green Ridge Road to its intersection with Cove Road; thence in an easterly direction with Cove Road at its intersection with Green Ridge Road; thence north with Green Ridge Road to its intersection 28 with Wood Haven Road; thence east with Wood Haven Road to the place of beginning. Catawba Magisterial District Glen Cove School - Voting Place Plantation Precinct Beginning at a point where Route 11 (Williamson Road) inter- sects Route 1821 (Clubhouse Drive); thence southeasterly with Route 11 (Williamson Road) until it intersects Secondary Route 623 (Florist Road); thence in a southeasterly direction with Secondary Route 623 (Florist Road) until it intersects the north corporate line of the City of Roanoke; thence in an easterly direction with the north corporate line of the City of Roanoke until it intersects Virginia Primary Route 115 (Plantation Road); thence in a north- westerly direction with Virginia Primary Route 115 (Plantation Road) to a point where the said road intersects the east fork of Carvins Creek; thence with the east fork of Carvins Creek in a southwesterly direction as it meanders to a point opposite the center line extended of Secondary Route 1821 (Clubhouse Drive); thence northwesterly with the center line of Secondary Route 1821 (Clubhouse Drive) to its intersection with U.S. Route 11 (Williamson Road) the place of beginning. Hollins Magisterial District Roanoke Valley Christian School - voting place 29 Poages Mill Precinct Beginning at a point on the western right-of-way of U. S. Highway 221 (Brambleton Avenue) and its intersection with Rosecrest Road; thence in a westerly direction with Rosecrest Road to its intersection with State Secondary Route 689 (Roselawn Road); thence in a northwesterly direction with State Secondary Route 689 (Roselawn Road) to State Secondary Route 692; thence west with State Secondary Route 692 (Mount Chestnut Road) to the crossing location of a gas pipeline; thence with this gas pipeline in a northerly direction to its intersection with the crest of Twelve O'Clock Knob (elevation 2683); thence with the topographic crest of Twelve O'Clock Knob and Poor Mountain in a westerly-south- westerly direction to State Secondary Route 612; thence in a generally southeasterly direction down the slope of Poor Mountain to an elevation of 2800 feet; thence following the 2800-foot contour elevation of Poor and Bent Mountains in a generally southern direction to the contours point of intersection with Appalachian Power Company high-tension Roanoke-Claytor transmission line; thence easterly with the Appalachian Power Company high tension Roanoke-Claytor transmission line down the slope of Bent Mountain to the topographic elevation 2,000 feet at a branch of Back Creek; thence with the topographic elevation 2,000 feet as it traverses in a southeasterly direction with the base of Bent Mountain to Dividing Spring Branch; thence southerly with Dividing Spring Branch as it meanders to the Roanoke/Franklin County line; 30 thence with the Roanoke/Franklin County line easterly to its intersection with State Secondary Route 691; thence in a northerly direction with State Secondary Route 691 to its intersection with State Secondary Route 690; thence in a northerly direction with State Secondary Route 690 to the intersection of U.S. Highway 221; thence with U. S. Highway 221 to the place of beginning. Windsor Hills Magisterial District Back Creek Elementary School - voting place South Vinton Precinct Beginning at the east corporate line of the City of Roanoke and the west corporate line of the Town of Vinton at Virginia Avenue; thence with Virginia Avenue in an easterly direction to Pollard Street at First Street; thence with Pollard Street in a northerly direction to Washington Avenue; thence with Washington Avenue in an easterly direction to Wolf Creek being the east corporate line of the Town of Vinton; thence with Wolf Creek and the east corporate line of the Town of Vinton in a southerly direction to the Roanoke River; thence in a westerly direction with the Roanoke River and the south corporate line of the Town of Vinton to Tinker Creek being the east corporate line of the City of Roanoke and the west corporate line of the Town of Vinton; thence with Tinker Creek in a northwesterly direction to the place of beginning. Vinton Magisterial District Vinton Recreation Center - Voting Place 31 Windsor Hills Precinct Beginning at the City of Roanoke corporate line where Virginia Primary Route 419 (Electric Road) intersects Glen Heather Drive; thence easterly with the corporate line of the City of Roanoke to a point where the said corporate line intersects Mud Lick Creek; thence southwesterly with Mud Lick Creek and the west fork of Mud Lick Creek to a point where it intersects Cresthill Drive; thence westerly with Cresthill Drive to its intersection with State Secondary Route 1647 (Old McVitty Road); thence north with Old McVitty Road to its intersection with Cordell Drive; thence west with Cordell Drive to Virginia Primary Route 419 (Electric Road); thence north with Virginia Primary Route 419 (Electric Road); to the place of beginning. Windsor Hills Magisterial District Our Lady of Nazareth Catholic Church - voting place 4. That the effective date of this ordinance shall be July 1, 1991. On motion of Supervisor Nickens to adopt ordinance as amended by Paul Mahoney with inclusion of Mowles Road in description of Windsor Hills Magisterial District, and carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Nickens, McGraw NAYS: Supervisor Johnson A COPY TESTE: 32 ~.~~/~- Mary H. lien, Clerk Roanoke County Board of Supervisors cc: File Paul Mahoney, County Attorney Terry Harrington, Director, Planning & Zoning Elizabeth Leah, Registrar 33 uniiniiiiiiiinnininun~iiininininnn~nn~ininnnnnin~~~nil AGENDA ITEM NO. APPEARANCE REQUEST FOR PUBLIC HEARING -ORDINANCE -CITIZENS COMMENTS SUBJECT: ~U ~1~~ ~~~'~-~Z~ C~ d~~~~ l C~ I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, I WILL GIVE MY NAME AND ADDRESS FOR TIIE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED BELOW: ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. ^ Speaker will be limited to a ppresentation of their point of view only. Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ Speakers are requested to leave any written statements and/or comments with the clerk. ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK NAME ADDRESS PHONE 111111111111111111111111111111111111111111111111111111111111111111111111111111 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 23, 1991 ORDINANCE 42391-15 ENACTING THE ROANORE- VALLEY CABLE TELEVISION ORDINANCE FOR ROANORE COUNTY, VIRGINIA WHEREAS, Cox Cable Roanoke, Inc. currently holds a franchise granted by the Board of Supervisors of Roanoke County, Virginia, to operate a cable television system within portions of Roanoke County as part of a valley-wide cable television system; and WHEREAS, intense and lengthy negotiations have continued for a period of several months between Cox Cable Roanoke, Inc. and the County of Roanoke, the City of Roanoke and the Town of Vinton, Virginia, for the renewal of this franchise which was extended for a period of 120 days from the expiration of the current franchise agreement on December 31, 1990, by Ordinance # 121890-17, and Ordinance #22691- 5; and WHEREAS, these negotiations have produced agreement as to the terms of a new cable television ordinance and franchise agreement which will provide substantial improvements in channel capacity, franchise fee, areas of cable service, public and governmental access, capital contributions and customer service for the citizens and agencies of Roanoke County and the other participating governments; and WHEREAS, Cox Cable Roanoke, Inc. is prohibited by federal law from operating a cable television system within any jurisdiction without a franchise agreement or extension as defined by federal law; and WHEREAS, the first reading of this ordinance was held on April 16, 1991, and a public hearing and second reading of this ordinance was held on April 23, 1991. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the attached Roanoke-Valley Cable Television Ordinance be enacted as Title _ of the Roanoke County Code and the County Administrator is hereby authorized to execute any franchise agreement or other documents necessary to grant a non-exclusive franchise for operation of a cable television system in the County of Roanoke, Virginia to Cox Cable Roanoke, Inc. 2. That Ordinance No. 1178 "GRANTING A FRANCHISE FOR A CATV SYSTEM IN ROANOKE COUNTY" adopted January 28, 1975, is hereby repealed. 3. That this Ordinance shall be in full force and effect on and after the first day of May, 1991. on motion of Supervisor Nickens to adopt ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File The Honorable Howard Musser, Chairman, Regional Cable Television Committee Paul M. Mahoney, Roanoke County Attorney W. C. Dibling, Jr., Roanoke City Attorney Frank Selbe III, Vinton Town Attorney Mary Parker, Clerk, Roanoke City Council Carolyn Ross, Clerk, Town of Vinton ACTION NO. ITEM NO . `~C `" I ~ _ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 23, 1991 AGENDA ITEM: ORDINANCE ADOPTING THE ROANOKE-VALLEY CABLE TELEVI- SION ORDINANCE FOR ROANOKE COUNTY, VIRGINIA COUNTY ADMINISTRATOR'S COMMENTS: ~c.c-c-~-i-*-G-~'~~~u:~'~'~"~~ EXECUTIVE SUNIlKARY Extensive negotiations with Cox Cable Roanoke, Inc. have been successfully concluded which will result in substantially increased benefits for Roanoke County as a result of a franchise renewal. The proposed ordinance and franchise agreement are the legal documents which will put the negotiated terms for the franchise renewal into effect. BACKGROUND' Since receiving notice from Cox Cable Roanoke, Inc. in 1987 that it wished to exercise its legal rights to renew its franchise to operate a cable television system servicing a substantial portion of the Roanoke Valley, the three governing bodies concerned have devoted significant time and resources to ascertain the existing level of service provided by Cox Cable and the future needs for the valley. Lengthy face-to-face negotiations between the Roanoke Regional Cable TV Committee, assisted by an outside consultant and legal counsel, and Cox Cable commenced in November of 1990 and were concluded in March of 1991. Due to the complexity of issues involved, the Board has twice extended Cox Cable Roanoke's franchise for a total of 120 days, expiring April 30, 1991, to permit continued operation of their cable television system pending finalization of a new franchise agreement. SUNIlKARY OF INFORMATION: The new franchise agreement agreed to by Cox Cable Roanoke, Inc. for extension of their cable television franchise within portions of Roanoke County, including the Town of Vinton, as well as the City of Roanoke provides for significant improvements of the previous franchise terms as follows: 1. A 1~ increase in the franchise fee to 5~, effective July 1, 1991. Apr ~~~~ cable distributi62 rade of the entire capacity for or uP-g an inc~ gramdining during normal 2 • p, rebuilt 450 Mhz with system 40 channels to carry P channels, areas of viewing hours. $ervice to to extenand 220 S within thirty detailed commitmentRts• 221 S 3• A County along Roanoke to fund an (30) months. three years 480,000 within ipment for use by the A capital grant of $ other equ, 4. studio and encies. institutional and government ag Network school system Institutional Distribut ov rnmental Construction of an nals from 21 g 5, tele~ea1O up Stream" for retransmission which will allow sites to be transmit stem. over the cable distribution sY overnmental all schools and g s stem. Free cable service to distribution Y 6• assed by the cable buildings P Educational & Governmental) 3 PEG (public, and 6 additional PEG ~• provision for ested, initially channels, if rem ears. rovision for channels within 4 Y term with P ears to ear franchise after six (6) Y 8. A twelve (12) Y o erations of service, of franchise P reement on extension ents. review liance with ag insure co Capital grant and franchise fee Pa rebuild, ,~ with adjoining cable televis- ~~interconnect feasible. 9. Agreement to if technically ion franchises, Cox Cable Roacast~ Studio" to be prow C X Cable for cable 10. A "Common se by the public and Inc . for ing• handling of subscriber for timely complaints, and stan- 11. Detailed standard hone calls and and technical repast f both/ system wide operations dard performance. Cable TV Committee Valley Regional lemen- Roanoke coordinat a d econtinuing 12. Creation of a to oversee an agreement (CATV Committee new franchise tation of the compliance. of units per mile ieement the denisty requ the franchise intender One issue involving of service has been committed would require extension extension fired Cox whias beyond those for which a reement requ t least are The previous franchise containing Cable has 3 abov all subscribers in areas paragraph street mile." Cox 25 units Cable to serve in areas having five ( 3 5 ) subscr ibe~o ider service proposed a requirement to p ~~~~ per mile served by aerial cable and 40 units per mile served by underground cable. The County's outside expert, O. D. Page, has urged imposing a requirement of 20 units per mile for aerial and 30 units per mile underground. FISCAL IMPACTS• It is anticipated that the additional l~ franchise fee will result in increased revenue to the county of approximately $50,000 per year based upon current gross revenues of Cox Cable Roanoke. ALTERNATIVES• 1. Approve the proposed ordinance as drafted and authorize the County Administrator to execute the Franchise Agreement with Cox Cable Roanoke, Inc. on behalf of Roanoke County. 2. Decline to adopt the proposed ordinance and direct the Roanoke Regional Cable TV Committee to continue negotia- tions with Cox Cable Roanoke, Inc. with specific instruc- tions as to the density standards for Extension of Service provisions of the Ordinance. STAFF RECOMMENDATION: Staff recommends Alternative # 1 and the adoption of the proposed Cable Television Ordinance and franchise agreement. Respectfully submitted, Jo ph B. Ob`enshain S for As istant County Attorney Action Approved ( ) Denied ( ) Received ( ) Referred to Motion by Eddy Johnson McGraw Nickens Robers Vote No Yes Abs ~~ ROANOKE-VALLEY CABLE TELEVISION ORDINANCE COUNTY OF ROANOKE, VIRGINIA s ~~"~ TABLE OF CONTENTS 1 DEFINITIONS 1 2 GRANT OF AUTHORITY . 15 2.1 Franchise 15 2.2 Street and Right-of-Way Use Not Exclusive 15 2.3 Compliance required 16 2.4 Ownership of Cable System 16 2.4.1 Grantee to Own 16 2.4.2 Sale or Transfer of Franchise, or Chance of Control of Grantee 16 2.4.3 Notice to Grantors 17 2.4.4 Effect of Unauthorized Action 18 2.4.5 Foreclosure 18 2.4.6 Receivership or Bankruptcy 18 2.4.7 Grantor to Assume Control 19 2.5 Police Power. 19 2 .6 Public Works 19 2.7 Extension Policy 19 2.8 Extended Service Areas 20 2.9 Provision of Service 21 2.10 Operation Upon Revocation 21 2.11 Extension of Term by Grantor. 22 2.12 Business Office 22 2.13 Written Notice 22 2.14 Reimbursement . 2 3 2.15 Certification 23 2 .16 Consent 2 3 2.17 Imposition of recLuirements on Grantee 23 i ~~ 24 , 3 GRANTEE PAYMENTS TO GRANTOR 24 3.1 Payments 24 3.2 Conditions of Acceptance 24 4 INSTALLATION CONDITIONS 24 4.1 Reservation of Riahts 25 4.2 Under round Easements - 25 4.3 Installation 25 4.3.1 Plans ' A Construction• Permits• Su ervision• royal 26 4.3.2 • • 4.3.3 Emeraency Repairs 26 4.3.4 Barriers• Liahtina • 26 • 4.4 Relocations 26 4.4.1 Temporary Relocation 27 4.4.2 Permanent Relocation 27 4.5 Installation• Com liance with Codes 27 4.6 Joint Use; Safety Rules 28 4 , ~ Interconnect 28 4 , g Identification 28 4.9 Restoration: Repair ' 29 5 TECHNICAL REQUIREMENTS ~ 30 5.1 Technical Standards 31 Construction Standards ' 5.2 32 • 6 TESTING 32 1 Performance Testin B Grantee 6 33 . 6.2 Performance Testin Re fired b Grantor - • 34 '7 LIABILITY OF GRANTORS ~ 34 ~,1 Liabilit Hold Harmless , . 34 . . 7.2 Exp_ ems • 35 g INSURANCE; BONDING • ii f„.~.. ~~'~ 35 g,l Insurance Coverage ~ - g•2 Additional Indemnification 36 • g•3 Performance Bond • 36 . g,4 Cash Deposit or Letter of Credit 36 . 8.5 Cancellation Notice 37 37 g•6 Evidence of Insurance • g,7 Approval of Insurance Comnanv 37 8.8 Chances in Limits 37 38 9 SERVICE , PROVISIONS 38 9.1 Performance 9.2 Itemized Bills 38 9.3 Chanae in Channel Array 38 9.4 Notice of Rate Chanaes 38 39 9.5 Disconnect Charaes g,6 Rate or Service Discrimination: Special Classifications 39 g , 7 Free Basic Service 39 40 9.8 Emeraencv Power 9,g Emeraencv Override 40 9.10 Emeraencv Communications. 41 9.11 State of the Art 41 9.12 Subscriber Antennas• AB Switches . 42 42 9.13 , Tree trimmina ' • 42 9.14 Dro s 9.15 Installation Time 43 9.16 Parental Guidance Control. 43 9.17 Complaint Policy 44 9.18 Call Recordina Service for Current Known Outaaes 44 44 10 ENFORCEMENT 44 10.1 Performance Bond• Letter of Credit . 10.1.1 Performance Bond 44 10.1.2 Letter of Credit 45 10.1.3 Call of Performance Bond• Letter of Credit 46 iii ~ .~. . 10.2 Forfeiture and Termination. 46 10.2.1 Forfeiture and Termination 46 10.3 Penalties 49 10.4 Procedure for Revocation of Franchise or Imposition of Penalties. 52 10.4.1 Notice and Opportunity to Cure. 52 10.4.2 Hearinct 52 10.4.3 Computation of Penaltv 53 10.5 Force Majeure; Waiver 53 10.5.1 Force Majeure 53 10.5.2 No Waiver 54 10.6 Removal After Expiration or Revocation; Option to Purchase 54 10.6.1 Removal 54 10.6.2 Disposal 55 10.6.3 Option to Purchase 55 11 ROANOKE VALLEY REGIONAL CABLE TV COMMITTEE ("CATV COMMITTEE") 56 11.1 Members. 56 11.2 Terms of Office 57 11.3 Meetincis 57 11.4 Powers and Duties. 58 12 COURT AND REGULATORY AGENCY REPORTS AND FILINGS 60 13 ACCEPTANCE 60 14 TIME IS OF THE ESSENCE 61 15 APPLICATION FOR FRANCHISE 61 15.1 Identification. 61 15.2 Description of Appli^ cant. 61 15.3 Application 62 iv ~''~ ""' 16 REGULATORY CHANGES 65 16.1 General 65 16.2 Rate or Other Regulation. 65 17 OPEN BOOKS AND RECORDS 66 18 SEVERABILITY 66 19 SERVICE AND REPAIR STANDARDS 67 19.1 Repair Capability. 68 19.2 Notice 68 19.3 Regair Procedure 69 19.3.1 Reports to Grantors. 69 19.4 Refund for Outage. 70 19.5 Billing Practices. 70 19.6 Pro-rated Service. 71 19.7 Disconnection for Non-Payment. 71 19.8 Records . 71 20 CONSUMER STANDARDS 72 20.1 Mean time between failures. 72 20.2 Mean time to repair. 73 20.3 Subscriber Down Time. 73 20.4 Mean Time to Install 73 20.5 Service Calls (ReUairs) 73 20.6 Telephone Waiting Time. 73 21 PRIVACY 74 21.1 Installation of Equipment. 74 21.2 Monitoring. 74 21.3 Subscriber Lists or Information. 75 21.4 Protection of Privacy. 75 22 PRIOR INCONSISTENT ORDINANCES 75 v ~~~~~ 23 NON-DISCRIMINATION 76 vi ~~~~5 AN ORDINANCE PROVIDING FOR ONE OR MORE NON-EXCLUSIVE FRANCHISES TO CONSTRUCT, OPERATE, AND MAINTAIN ONE OR MORE CABLE TELEVISION SYSTEMS WITHIN ROANOKE, VIRGINIA, VINTON, VIRGINIA, AND ROANOKE COUNTY, VIRGINIA. NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS ROANOKE-VALLEY CABLE TELEVISION ORDINANCE ("CATV ORDINANCE") 1 DEFINITIONS. For the purpose of this Ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The words "shall" and "will" are always mandatory, and not merely directive or indicative. The word "may" is permissive and indicative, and not mandatory. 1.1 "AB Switch": A high-isolation switch used to select between two input signal sources, e.g., an off-air antenna and the cable television subscriber drop. 1.2 "Access Cablecasting": Services provided by or through a cable television system on its public, educational, local government, and/or leased Channels. 1.3 "Access Channels": Designated Channels providing for nondiscriminatory use of the Cable System by the public, government agencies, and educational and other institutions as defined below: 1.3.1 "Educational Access Channels": Designated 1 ~~~ Channel(s) allocated for non-commercial use by the local educational authorities and institutions, i.e., public and private schools, industrial training centers, community colleges, colleges, universities, and other institutions of learning. 1.3.2 "Government Access Channels": Designated Channel(s) allocated for non-commercial use by the City of Roanoke, County of Roanoke and the Town of Vinton. 1.3.3 "Public Access Channels": Designated Channel(s) allocated for free-expression, non-commercial, and nondiscriminatory use by any member or members of the public at no charge for channel time . 1.4 "Active Device": A device or circuit capable of some dynamic function, such as amplification, oscillation, or signal control, and which usually requires a power supply for its operation. 1.5 "Aerial Cable": Outside Cable that is located above ground on overhead utility or other structures. 1.6 "Affiliated Person": Any Person, corporation, partnership, or other legal entity under common Control by or with Grantee, any general partner, joint-venture partner, or other Person holding 5$ or more of Grantee's stock, or any director or officer of Grantee, provided that "Affiliated Person" shall in no event mean Grantor, any Limited Partner of Grantee, or any creditor of Grantee solely by virtue of its status as a creditor. 1.7 "Alphanumeric": A format consisting of a combination of letters and numbers, usually used (a) in reference to keyboards permitting communication in such form and/or (b) in reference to Channels or programs transmitting information in such form. 2 ,~" ~ "~~ ~~ 1.8 "Ambient Temperature": The temperature of the medium surrounding subject apparatus and equipment. Sometimes synonymous with room temperature. 1.g "Amplifier": A device used to increase the operating level or power of an input signal, or to change the impedance of or isolate the input signal from the output signal. Used in a Cable Distribution System (trunk and feeder) to compensate for the effects of attenuation (signal loss) caused by losses in transmission components (cable, passives, etc.). Also used in Head-Ends and processing centers, usually for single Channels. 1.10 "Analog": Pertaining to signals in the form of continuously-varying physical quantities. 1.11 "Annexed Areas": Any areas added to the Territorial Limits of Grantor. 1.12 "Antenna": Any structure or device used to collect or radiate electromagnetic waves. 1.13 "Area Outage": An Area Outage occurs when five (5) or more Subscribers report that they are deprived of Cable Service as a result of a single event or occurrence. 1.14 "Armored Cable": Coaxial cable that can be direct- buried without protective conduit, or used in hazardous applications. For underwater applications, this cable is constructed with a flooding compound applied to the cable's outer conducting sheath followed by a plastic jacket, armor, and another plastic jacket. 1.15 "Audio": Relating to sound or its reproduction; used in the transmission or reception of sound. 3 ~~ 1.16 "Audio Signal": The sound signal, amplified and provided as appropriate to speakers or earphones. 1.17 "Bandwidth": A measure of the information-carrying capacity of a Channel. The range of usable frequencies that can be carried by a Cable Television System. 1.18 "Basic Cable Service": The minimum-level tier of multiple-channel service which includes the retransmission of local television broadcast signals transmitted to Subscribers connected to the Cable System. 1.19 "Bi-directional": The ability to transmit signals in both directions (upstream and downstream) simultaneously. 1.20 "Bonding": (1) The permanent joining of metallic parts to form an electrically-conductive path which will ensure electrical continuity and the capacity to conduct safely any current likely to be imposed; (2) The interconnection of the CATV cable support strand with a telephone company support strand and/or the power company ground/neutral wire to eliminate ground potential differences. 1.21 "Broadband": Any System capable of delivering multiple Channels and/or services to users or Subscribers. Generally refers to CATV Systems. Synonymous with wideband. 1.22 "Broadcast": Over-the-air transmission by a standard FCC-authorized radio or television station, to a multiplicity of receivers. 1.23 "Cable": (1) Used synonymously with "Cable Television"; (2) One or more electrical or optical conductors found within a protective sheath. 4 ~~~~ 1.24 "Cable Act": The Cable Communications Policy Act of '19s4. 47 U.S.C. § 521, et se . 1.25 "Cable Distribution System", or "Distribution System": That part of the Plant (usually coaxial cable and/or fiber-optic cable with associated Amplifiers, Drops, and other devices, hardware, and accessories) which is used to provide Service from an origination point (Head-End) to Subscribers. 1.26 "Cable Service": Any service provided by the Cable System. 1.27 "Cable System" or "System" or "CATV System" or "Cable Television System": The complete system in a physical sense; the Antennas, Cables, Amplifiers, towers, microwave links, satellite links, and any other conductors, converters, equipment, or facilities and Plant designed and constructed for the purpose of receiving or producing, amplifying, storing, processing and distributing Audio, Video, Digital, Analog, control, or other forms of electronic or electric signals to and/or from Subscribers as herein provided. See "Cable Television" below. 1.28 "Cable Television", or "CATV": A Broadband communications technology in which multiple television, Audio, Digital, control, Analog, and other electrical signals are transmitted through a Cable Distribution System to and/or from single or multiple locations. 1.29 "Carrier": An electromagnetic wave of which some characteristic is varied in order to convey information. A radio- frequency or microwave signal upon which the sound (Audio), picture (Video), or color information in a television picture is modulated. 1.30 "CATV Committee": The Roanoke Regional Cable TV Committee; See Part 11. 5 ~~ ~- ~ 1.31 "CATV Ordinance": This Ordinance. 1.32 "Channel": A signal path of specified Bandwidth for conveying information. Usually a band of frequencies in the electromagnetic spectrum which is capable of carrying one standard NTSC audio-video-color television signal; at present, a spectrum of 6 MHz, usually as specified by a Television Channel-assignment system. 1.33 "Channel Capacity": In a Cable Television System, the number of Channels that can be carried simultaneously on the system. Presently defined in terms of the number of 6-MHz (television) channels. 1.34 "Character Generator": An Alphanumeric text generator, commonly used to display messages on a television set. May also have graphics capability. 1.35 "Community Studio": A Studio for the origination of programming to be cable cast on the Cable System to be used primarily for Public Access and local origination. 1.36 "Control" or "Controlling Interest": The ownership or voting control of 50$ or more of the issued outstanding shares of Grantee or any Parent of Grantee; the ability to elect a majority of the Board of Directors of Grantee or any Parent of Grantee. 1.37 "Converter": (For TV receiver). An electronic device which changes CATV Channels to a Channel which can be received by the Subscribers' television sets by use of an appropriate Channel selector, which permits Subscribers to view all unmodified TV signals delivered at designated dial locations. 1.38 "dBmV" or "Decibel-Millivolt": A unit of measurement 6 ~" ~~~ referenced to one millivolt (mV) across an impedance of 75 ohms, which is the standard impedance for metallic CATV Systems. 1.39 "Decibel" or "dB": A unit that expresses the ratio of two levels of power as a logarithmic function: dB=10 Logo P~/PZ. 1.40 "Decoder": A device, located on or near the Subscriber's premises, which descrambles or decodes signals so that they may be viewed or used by the Subscriber. ,May be combined in the same enclosure with and as part of the Converter". Also called "Descrambler". 1.41 "Descrambler": See "Decoder". 1.42 "Digital Signals" Signals and information transmitted in the form of individual electronic pulses. 1.43 "Distribution System": See "Cable Distribution System". 1.44 "Down": Inoperable; not functioning within specifications. 1.45 "Down Time": The period of time during which the CATV System is not providing Cable Service. 1.46 "Downstream Transmissions": Signals transmitted in the direction from the Head-End toward Subscribers or other location(s). 1.47 "Drop": The line from the Feeder Cable to the Subscriber's television or Converter. 1.48 "Dwelling Unit": Any building used as a domicile or living quarters. 7 ~' ~~~~ ~ ~~ 1.49 "Educational Access Channel": See 81.3.1. 1.50 "Emergency Override": An emergency communications system which allows messages or announcements to replace the normal picture and/or sound on all Channels of a CATV System. See Q 9.9. 1.51 "Emergency Power": (Standby Power; Backup Power) Generator or battery back-up to replace primary power during any electrical power failure or outage.See ~ 9.8. 1.52 "Facility": The site, including land and buildings, containing all or part of a system or systems of technical apparatus: for example, a Head-End facility or microwave facility employed for purposes of electronic communications or data processing. 1.53 "Failure": See "Fault". 1.54 "Fault": A condition that results in a functional unit in the System failing to perform in the required manner. 1.55 "FCC": The Federal Communications Commission. 1.56 "Feeder Cables": (Feeder Lines) The Cables that take signals from the Trunk to the Subscriber area and to which Drops are attached. 1.57 "Fiber Optics": The technology of modulating and guiding fine beams of light through hair-thin glass fibers as communications paths. 1.58 "Franchise": The formal document which authorizes a specific Grantee (Cable Operator) to construct, own, and operate a Cable TV System in the area defined by, and pursuant to the terms 8 ~~ ~ ~ ~ and conditions of, this Ordinance. 1.59 "Franchise Fee": The fee paid by the Grantee to the Grantor in consideration of the use of public Streets and the costs of regulation of the CATV System, handling public complaints and other public matters, and administration of local-access activities and this Ordinance and the Franchise. 1.60 "Government Access Channels": See 81.3.2. 1.61 "Grantee": The Person granted a Franchise pursuant to this Ordinance; any successor to that Person in accordance with the provisions of this Ordinance. 1.62 "Grantor": The governmental entity granting a Franchise pursuant to this Ordinance. When used in regulatory and reporting contexts, "Grantor" shall mean Grantor's Executive Officers. 1.63 "Gross Revenues": The total of any and all payments made to or compensation received by Grantee, its affiliates, subsidiaries and Parents, directly or indirectly, from Subscribers, advertising, shopping services, PCN's, and any other legal users of the Cable System as a consequence of the operation of the Cable System in the Territorial Limits; provided that such reported receipts shall not include any add-on state or local sales taxes. Where a Parent receives compensation for use of multiple Systems, this revenue is allocated to individual franchises and/or Grantees on the basis of the count of those Subscribers who receive Basic Service and who are not delinquent in payments, compared to the total applicable multiple-system basic-subscriber count. 1.64 "Head-End": The control center of a Cable Television System; the electronic processing center through which broadcast, 9 ~~~~~ cablecast, satellite, and other signals are electronically translated or modified and combined for distribution throughout the entire Cable System. 1.65 "Institutional Cable Distribution Network": A Cable subsystem which carries television, Audio, Video, Analog, control and Digital signals between and among government, educational, public, and business institutions and other locations as designated. The Institutional Cable Distribution Network may be a Cable, physically separate and distinct from the Subscriber Cable System, or it may consist of combinations of Upstream and Downstream Channels on the Subscriber Cable System, usually capable of real-time interactive service. This Network may include provisions for scrambling and de-scrambling signals for limited and controlled reception. 1.66 "Institutional Studio": A Studio for origination of programming to be cablecast on the Cable System by Grantor; to be used primarily for Educational and Governmental Access. 1.67 "Interconnect": The connection between two or more Cable Systems. 1.68 "Mean time to Install": Average time to complete installation, from the time of oral or written order to written acceptance. Total time for installations divided by number of installations. 1.69 "Mean Time to Repair" (MTR): Average time to complete repairs, from time of oral or written complaint to written acceptance. Total time for repairs divided by number of repair orders. 1.70 "Mile" (of Cable Plant): A horizontal distance of 5280 feet, as measured on the surface of the earth and parallel to 10 ~~,-~ the Cable Distribution System. 1.71 "Non-Profit Organization": An entity that has qualified under Internal Revenue Code Section 501(c)(3). 1,72 "Origination Cablecasting": Locally-originated programming carried on the Cable System which can be originated by the Cable Operator, by local institutions, by those using leased Channels, by the public, or by other Persons. 1.73 "Outlet": A CATV connection terminal in a structure which is used for the purpose of connecting a television receiver or other Subscriber terminal to the CATV System. 1.74 "Overbuild": To construct a second, competing CATV System in an area already served by a CATV System. 1.75 "Parent" (When used in reference to Grantee): Any Person holding direct or indirect ownership Control of Grantee. 1.76 "Performance Standards (Technical Standards)": Minimum technical requirements established herein by Grantor. See ~[ 5.1. 1.77 "Person"• Any person, firm, partnership, association, corporation, company, organization, or other entity. 1,78 "Plant": Grantee's buildings, tower(s), Amplifiers, Antennas, processors, lines, Cables, wires, and all other physical equipment and accessories utilized in the operation of the System. 1,79 "Premium Service": Optional additional programing provided to Subscribers at an additional monthly charge for each added Channel or group of Channels carrying such programming. 11 ~~t~' 1.80 "Public Access Channel": See X1.3.3. 1.81 "Public Notice": An announcement to the community of some action planned by the Grantor or its designee in respect to Cable Service or the Franchise. May be accomplished by bulletin, newspaper, radio or TV broadcast, or other means, including announcements on the Cable System, to insure that all community members can be made aware of the event. 1,82 "Rebuild": The physical modification of the CATV System to provide a significantly higher level of performance and usually providing more Channels. 1.83 "Roanoke City": The City of Roanoke, Virginia . 1.84 "Roanoke County": The County of Roanoke, Virginia 1.85 "Scramble": To make a signal unintelligible except to authorized terminals. 1.86 "Service": See "Cable Service". 1,g'7 "Signal-to-Noise Ratio": The ratio, expressed in Decibels, of the peak voltage of the signal of interest to the Root-Mean-Square voltage of the noise in that frequency band. 1,88 "Standard Drop": An aerial drop which does not exceed 150 feet. 1,89 "State of the Art": That level of technical performance or capacity or service of Plant, for which there is a reasonable demonstrated market demand and which has been demonstrated by existing Cable Television System operators and reputable equipment suppliers to be workable in the field, but not exceeding that level of technical performance or capacity which has 12 ,.~"" ~~~ ~~~~ been installed and is operating at the time in at least 5 other Cable Systems of comparable or smaller size. 1.90 "Street": The surface of and the space above and below any public street, road, highway, freeway, lane, path, public way, or place, alley, court, boulevard, parkway, drive or other easement now or hereafter held by Grantor for the purpose of public travel, communications, alarm, street lighting, power distribution, or other public use and shall include such other easements or rights-of-way as shall be now held or hereafter held by Grantor. 1.91 "Studio": Aspecially-designed room with associated lighting, switching, control and monitoring facilities used for the origination of programming. 1,92 "Subscriber": Any Person legally receiving in the Territorial Limits any of the Cable Services of Grantee. 1.93 "Subscriber Down Time": Outage hours per Subscriber. Obtained by multiplying the number of Subscribers affected by the length of time the System or portion thereof is Down, for each such occurrence, then adding the numbers so obtained to arrive at the total for the period, and then dividing that total by the total number of Subscribers. 1.94 "Subscriber Drop": See "Drop". 1.95 "System": See "Cable System". 1.96 "Technical Standards": See ~ 5.1. System performance requirements established by local, state, and/or federal governments and/or applicable to Grantee pursuant to the terms of this Ordinance and the Franchise. 1,g~ "Telephone Waiting Time": The time required for 13 ~.°$ ~. Grantee to attend to a call from a waiting Subscriber or prospective Subscriber. Includes time used for listening to recorded messages or instructions, and any other machine time or waiting time (e.g. for telephone ringing or "hold") by the Subscriber. See ~ 20.6. 1,98 "Territorial Limits": The geographical limits of Roanoke County, Virginia excluding the western portion of the County currently under franchise to Boothe American Company d/b/a Salem Cable TV. i.9g "Television Channel": The range or band of the radio frequency spectrum assigned by the FCC to a standard VHF or UHF television station; at present, 6 MHz in the U.S. and Canada. The Channel number assigned by the FCC and/or the Cable Operator. 1.100 "Tier (Tiered Service)": Different packages of programs and services on Cable Television Systems for different prices. 1.101 "Transfer": The disposal, directly or indirectly, voluntarily or involuntarily, by any method, including gift, assignment, sale, merger, consolidation, acquisition, bankruptcy, receivership, or otherwise, of the ownership or Control of Grantee, the System, or the Franchise in whole or in part. 1.102 "Trunk" or "Trunkline": The primary Cable leading from the Head-End of the Cable Distribution System to the various points where Feeder Lines are tapped off to distribute signals to Drops. 1.103 "Unit": A building occupied by one or more persons as a dwelling. 1.104 "Upstream": The direction on the Cable from any 14 «~' ~~ designated point in the System toward the Head-End. 1.105 "Upstream Transmissions": Signals travel in the direction from designated origination points in the Cable System to a Head-End. 1.106 "Video": Visual electronic information; a picture signal. 1.107 "Vinton": The Town of Vinton, Virginia . Other Definitions: Any term defined in FCC and/or other applicable rules and regulations or statutes as of the effective date of the Franchise, but not included in the foregoing list, shall be incorporated herein by reference as if set forth in full, and shall be defined as it appears in such rules and/or regulations or statutes. If not so defined, or not defined herein, words and terms shall be given their ordinary and usual meanings as defined in standard reference works. Precedence: In the event of conflict between any of the definitions herein and any definitions contained in any other ordinance, the definitions herein shall take precedence. 2 GRANT OF AUTHORITY. 2.1 Franchise. (The "Franchise") The Franchise granted by Grantor and accepted by Grantee pursuant to this Ordinance shall provide to Grantee the right, privilege and authority to construct, operate and maintain a Cable System in the Territorial Limits for the term specified in the Franchise. 2.2 Street and Right-of-Way Use Not Exclusive. For the purpose of constructing, operating and maintaining a System in the Territorial Limits, Grantee may erect, install, construct, repair, 15 ~'" y- ~~ replace, relocate, reconstruct, remove and retain in, on, over, under, upon, across and along the Streets within the Territorial Limits such lines, Cables, conductors, ducts, conduits, false manholes, Amplifiers, appliances, pedestals, attachments and other property and equipment as are necessary and appurtenant to the operation of the Cable System, provided that all applicable permits are applied for and granted, all fees paid, and all other local codes and ordinances are otherwise complied with. Subject to State law, the right to use and occupy the Streets and Rights-of-Way for the purpose set forth herein is not exclusive; Grantor reserves the right to grant one or more additional Franchises or other authorizations for similar use to any other Person at any time. 2.3 Compliance required. Grantee shall comply with all applicable local, state, and federal laws, ordinances, regulations and codes. 2.4 Ownership of Cable System. 2.4.1 Grantee to Own. Grantee shall, at all times during the term of the Franchise, be the sole owner of, and have full possessory rights to, all facilities and property, real and personal, of the Cable System, whether by ownership, lease, license, or otherwise. Grantee may discard or replace any property, real or personal, so long as Grantee can satisfy its obligations hereunder. 2.4.2 Sale, or Transfer of Franchise, or Chanae of Control of Grantee. This Franchise or the System hereunder shall not be transferred nor shall title thereto, either legal or equitable, nor any right, interest or property therein, pass to or vest in any entity without full compliance with the procedure set forth in this Section. The provisions of this Section shall apply to the Transfer of 16 ~.. ~' all or a majority of Grantee's assets, merger, consolidation, or sale or transfer of stock of Grantee or of its Parent so as to create a new Control of the System; provided however, a Transfer shall not include a Transfer to a Parent or an affiliate of Grantee or its Parent unless the intent of such Transfer is to avoid the application of this section. For purposes of this section, an affiliate of Grantee shall mean any entity of which Grantee or its Parent owns more than 80$ of the stock or other ownership interest. 2.4.2.1 The parties to the Transfer shall make a written request to Grantor for its approval of a Transfer. Both sixty (60) days prior notice to Grantor and prior written approval by Grantor shall be required for any transfer which changes effective Control of Grantee or a Parent. 2.4.2.2 Grantor shall reply to the parties in writing within sixty (60) days of the request and shall indicate whether the requested transfer is approved. 2.4.2.3 Grantee shall within sixty (60) days of Transfer, file with Grantor a copy of the deed, agreement, mortgage, lease or other written instrument evidencing such Transfer, certified and sworn to as correct by Grantee. 2.4.2.4 In reviewing a request for Transfer, pursuant to ~ 2.4.2.1 above, Grantor may inquire into the technical, legal and financial qualifications of the prospective controlling party, and Grantee shall assist Grantor in so inquiring. Grantor may condition said Transfer upon such terms and conditions as it deems reasonably appropriate. Grantor shall not unreasonably withhold its approval. In no event shall a Transfer of ownership or Control be approved without the transferee becoming a signatory to the Franchise. 2.4.3 Notice. to Grantors. Within fifteen (15) 17 „~"" ~~ ,~ ~'; business days after receipt by Grantee, Grantee shall furnish Grantor with a copy of any notification filed with the Securities and Exchange Commission which indicates that a person, entity or group of Affiliated Persons have acquired 5$ or more of any class of issued or outstanding shares of Grantee or its Parent whose shares are traded on a national securities exchange or in the over-the-counter market. Within fifteen (15) business days, Grantee shall notify Grantor of any private exchange of shares or ownership involving or accumulating 5$ or more of the ownership of Grantee or any Parent. 2.4.4 Effect of Unauthorized Action. Any Transfer described in q 2.4.2. above that is taken without prior consent of Grantor shall be null and void and shall be deemed a substantial breach of the Franchise. Such action shall be subject to a letter of credit withdrawal of $1,000.00 per day until approved, or, if not approved, until prior ownership and Control is restored. If Grantor denies consent to any action after it has been taken, Grantor may revoke the Franchise unless the action is reversed. 2.4.5 Foreclosure. Upon receipt by Grantee of notice of the foreclosure or other judicial sale of the System, Grantee shall notify Grantor of such notification within ten (10) days. An actual foreclosure or judicial sale shall be treated as a change in Control of Grantee, and the provisions of this Ordinance governing the consent to a Transfer or change in ownership shall apply without regard to how such Transfer or change in ownership occurred. 2.4.6 Receivership or Bankruptcy. In the event of the appointment of a receiver or trustee for Grantee, whether in receivership, reorganization, bankruptcy, or other such action or proceeding, Grantee shall notify Grantor within ten (10) days. This shall be treated as a notification that a change in Control of Grantee has taken place, and the provisions of this Ordinance 18 .~` ~. c..~ governing the consent to a Transfer or change in ownership shall apply. The term "bankruptcy" as used herein shall include any assignment for the benefit of creditors and/or petition for reorganization under the federal bankruptcy or state insolvency laws, or other similar procedure. 2.4.7 Grantor to Assume Control. In the event of receivership or bankruptcy as in Z 2.4.6. above, Grantor shall have the right to assume control and management of the Cable System by satisfying the creditors and the courts, in order to assure continued acceptable quality of service to Subscribers. 2.5 Police Power. All rights and privileges granted hereby are subject to the lawful exercise of the police power of Grantor to adopt and enforce local laws, rules, and regulations necessary to the health, safety, and general welfare of the public. Expressly reserved to Grantor is the right to adopt, in addition to the provisions of this Ordinance, the Franchise and existing laws, such additional ordinances and regulations as are necessary in the lawful exercise of its police power, for the benefit and safety of the public. 2.6 Public Works. The rights and privileges granted hereby shall not be in preference or hindrance to the rights of Grantor and other lawful government authorities having jurisdiction, to perform or carry out any public works or public improvements. Should the Cable System interfere with the construction, maintenance or repair of such public works or improvements, Grantee, at its own expense, shall protect and/or relocate the Cable System or the applicable part thereof, as directed by Grantor or other government authorities having jurisdiction. 2.7 Extension Policy. Except as otherwise provided in this Ordinance, Grantee shall offer Cable Service to all occupants of 19 ,:~„~ ~~~~ ~' any area of the Territorial Limits with a density of 25 Units or more per mile served by aerial plant within six months of such request from Grantor. Grantee shall offer Cable Service to all occupants of any area within the Territorial Limits with a density of 40 Units per mile served by underground plant within 12 months of such request by Grantor. Computations of density shall take into account any connecting lines required to serve such areas, if not contiguous to the existing Cable Distribution System, as well as any Dwelling Units passed by such connecting lines. In addition, upon the effective date of the Franchise, Grantee shall be obligated to provide Cable Service to all occupants of those areas designated on Exhibit A, attached and incorporated herein by reference, within the designated time periods specified therein. The rights and privileges awarded pursuant to the Franchise and this Ordinance shall relate to and cover the entire Territorial Limits and any areas annexed thereto (the "Annexed Areas") during the term of the Franchise and its extension, if any. In the event that any of the Annexed Areas are built-up areas (areas having a density of 25 or more Units per aerial mile or 40 or more Units per underground mile), Grantee shall provide Cable Service to such built-up areas within the specified times after notification by Grantor to do so, provided that if the Annexed Area is served by another cable operator, Grantee shall not be obligated to provide Cable Service to that area, but only so long as such other cable operator continues to provide service to such area. Grantee shall provide Cable Service to those buildings and facilities designated on Exhibit B, attached and incorporated herein by reference, within the designated time periods specified therein. 2.8 Extended Service Areas. Grantee shall utilize any available technologies within the State-of-the-Art for the purpose of serving Subscribers . Where Cable Service to a remote area is not 20 ~. ~" ~. required under the provision of this Ordinance, and is not deemed economically feasible by Grantee, Grantee may, but shall not be required to, contract with potential Subscribers in such areas for the sharing of costs in the installation of its Cable Distribution System. Grantee may, but shall not be required to, provide Cable Service in areas which do not have a density of 25 units or more per mile aerial or 40 units or more per mile underground. The provision of limited Cable Services in such areas is to be encouraged. 2.9 Provision of Service. Beginning with the effective date of the Franchise, Grantee shall make available upon request of the owner, tenant or lessee of any Dwelling Unit or any business premises serviceable by a Standard Drop in the Territorial Limits the full range of Cable Services subject to the density and timing requirements in this Ordinance. Notwithstanding the foregoing, Grantee shall not be required to provide Cable Services where conditions beyond the reasonable control of the Grantee as reasonably determined by the parties prevent the provision of Cable Service. 2.10 Operation Upon Revocation. Notwithstanding any other provision of this Ordinance, in the event of revocation or expiration of the Franchise, Grantor may nevertheless extend the term thereof beyond such termination or non-renewal for such period of time as Grantor may specify, not to exceed two years, by giving Grantee such notice as is reasonable in the circumstances. In the event of such extension, Grantee shall continue to operate the Cable System in accordance with all of the provisions of this Ordinance. During any extension of the term, Grantor may terminate the Franchise as to any area or areas within the Territorial Limits, effective not less than thirty days from the date of notice to Grantee. 21 y '~ Y 2.11 Extension of Term by Grantor. Upon the expiration of the term for which a Franchise is granted, the Grantor, unless applicable law in effect at that time provides otherwise, may renew the Franchise for an additional term it finds appropriate, provided that Grantee shall be deemed by Grantor to have rendered satisfactory and acceptable service hereunder, and provided further that Grantor finds, after due advertisement and public hearing affording all persons an opportunity to be heard on the matter, that such renewal would be in the public interest. 2.12 Business Office. At least one business or administrative office shall be located within Roanoke City, Roanoke County or the Town of Vinton and all communications of Grantor to Grantee shall be addressed to Grantee at such office, except as otherwise provided herein. The office shall be open at least an average of 50 hours per week and at least 4 hours on Saturdays, (legal holidays excepted) or as modified by Grantee after notification to and approval by Grantor. 2.13 Written Notice. All notices, reports, or demands required to be given to Grantor and to Grantee shall be in writing and shall be deemed to have been given when delivered personally to the persons designated below, or when seventy-two (72) hours have elapsed after it is deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, or on the next business day if sent by express mail or overnight air courier addressed to the party to which notice is being given, as follows: If to Grantor County Administrator Roanoke County P.O. Box 29800 3738 Brambleton Avenue Roanoke, VA 24018 22 ~ ~ ;~~ ~~ If to Grantee• General Manager Cox Cable Roanoke 1909 Salem Ave., S.W. Roanoke, VA 24036 Copy To: Cox Cable Communications 1400 Lake Hearn Drive Atlanta,Georgia 30319 Attn: Legal Department Addresses may be changed by either party upon such written notice to the other party. 2.14 Reimbursement. Grantee shall reimburse Grantor an appropriate amount for costs incurred in connection with the negotiation and award to it of any Franchise pursuant to this Ordinance. 2.15 Certification. Grantee, by accepting the Franchise, certifies that it has investigated its supply sources; is familiar with the community; has examined the Cable System and operations; has reviewed its own financial condition; and has the capacity and resources to carry out its obligations to the community. 2.16 Consent. Whenever, under the terms of the Franchise or of this Ordinance, Grantor's or Grantee's consent or approval is required, it shall not be unreasonably withheld. 2.17 Imposition of requirements on Grantee. To the extent that the Franchise or this Ordinance gives Grantor, the CATV Committee, or their agents, authority (a) to require tests of the System; (b) to inspect or audit Grantee's books and records relating to the System; (c) to impose on or collect from Grantee any fee, penalty or other sum; (d) to require Grantee to take or 23 ~' ~~~ -~ cease any action; (e) to grant or to withhold approval; or (f) any other right or authority; such authority shall be coordinated by the governing bodies and shall not be used unreasonably or to harass. 3 GRANTEE PAYMENTS TO GRANTOR Grantee shall pay a Franchise Fee to Grantor as specified in the Franchise. 3.1 Payments. Franchise Fees shall be computed quarterly for the preceding calendar quarter, and quarterly payment shall be due and payable no later than 30 days after the end of the calendar quarter for which payment is intended. Each payment shall be accompanied by a report showing detailed computations and such other relevant data as Grantor may reasonably require. Grantor may provide a standard form for use by Grantee to compute Franchise Fees. Such payments shall be deemed compensation for use of Grantor's rights-of-way, administration of service complaints, supervision and inspection of equipment and facilities, and administration of the Franchise and Ordinance, and shall be in addition to all federal, state and local taxes. 3.2 Conditions of Acceptance. Grantor's acceptance of any payment shall not constitute agreement that the payment is in fact the correct amount, and such acceptance of payment shall not constitute a release of any claim Grantor may have for further or additional sums payable under the provisions of the Franchise or any other claim whatsoever that Grantor may have. 4 INSTALLATION CONDITIONS 4.1 Reservation of Ricthts. Nothing in this Ordinance shall 24 ~' ~~~1~'~ be construed to prevent Grantor from grading, paving, maintaining, repairing, relocating and/or altering any Street; constructing, laying down, repairing, maintaining or relocating any sewers or water mains or other facilities; or constructing, maintaining, relocating, or repairing any sidewalk or other public work. 4.2 Underground Easements. In areas having underground telephone and electric utility lines now or at any time hereafter, whether required by ordinance or not, all of Grantee's distribution system shall be underground. Underground installation, even if not required, is preferable to the placing of additional poles. In the instance of underground installations made after the effective date of the Franchise, Drop lines shall be placed at least twelve (12) inches deep and cable distribution lines shall be placed at least eighteen (18) inches deep. This minimum depth also applies to all replacement Drop and distribution lines. Underground Cable Distribution Plant in areas exposed to damage shall be installed in conduit or shall be of Armored Cable construction. Underwater crossings shall utilize Armored Cable. Existing electric and telephone poles shall be utilized wherever possible. Grantee may install its own poles and conduit at its own expense, with prior written permission of Grantor. To the extent that Grantor has the right, it will make utility and other easements available to Grantee. 4.3 Installation. 4.3.1 Plans. Prior to any construction or alteration of the Cable System, Grantee shall, in each case, file any required plans with Grantor and receive any necessary approval of such plans. 4.3.2 Construction; Permits; Supervision; Auproval. All Plant installed by Grantee shall be constructed and maintained in good and safe condition at all times. Grantee shall erect no 25 °~~ structures and make no excavations in any Streets without first procuring a written permit in accordance with applicable ordinances and codes. All work of such kind shall be subject to inspection and approval by Grantor in accordance with applicable codes and regulations. 4.3.3 Emeraencv Repairs. In cases of emergency, Grantee may make whatever repairs are necessary to maintain the operation of the Cable System at required levels, provided however, that all emergency work shall comply with all applicable local, state, and federal laws, ordinances and regulations. Grantee shall be responsible for any damages resulting from temporary repairs. Within five (5) working days of the commencement of the emergency work, Grantee shall request any applicable permits required for such repairs, in accordance with the rules for such permits. Work shall be subject to inspection and approval by Grantor. 4.3.4 Barriers; Lightinct. Any openings or obstructions in Streets caused by Grantee shall be guarded and protected by Grantee and its contractors at all times by placing adequate barriers, fences, boarding or other protective devices, at the sole expense of Grantee. During periods of dusk and darkness, protective devices and protected areas shall be designated by warning lights. 4.4 Relocations. 4.4.1 Temporarv Relocation. Grantee's Cable Distribution System shall be located, relocated, erected and maintained so as (1) not to interfere with the lives or safety of persons or with any improvements Grantor deems proper to make, and of which Grantee has received reasonable notice, and (2) not to hinder or obstruct the free use of the Streets. Removal of poles and other structures to avoid such interference shall be at 26 Grantee's expense. Raising or lowering or moving of Grantee's Plant to permit moving of buildings and other structures and equipment shall be done by Grantee within ten (10) days of previous notice and at mover's expense, payable in advance, subject to receipt of all required permits. 4.4.2 Permanent Relocation. If Grantor shall elect to alter or change the grade or location of any Street, or shall engage in any construction or other public works in, on, or under the Streets, Grantee, upon at least forty-five (45) days written notice by Grantor, shall relocate its Cable Distribution System at its own expense, and in ,each instance shall comply with all applicable local, state, and federal laws, ordinances, codes, and regulations . 4.5 Installation; Compliance with Codes. Grantee shall comply with all applicable local, state, and federal rules and regulations now in force or which may be put into force hereafter. Grantee shall comply also with state and national electric and safety codes in its installations and operations. 4.6 Joint Use; Safety Rules. Insofar as such work may be done without interfering with the free use and enjoyment of Grantee's own wires and fixtures, and when requested in writing by Grantor, Grantee shall provide suitable space equivalent to one (1) crossarm (in vertical and horizontal spacing) on each pole erected, in riser conduits, and in control cabinets, equivalent to one (1) duct in each of the conduits constructed, and if Grantee has an open trench, afford Grantor an opportunity to install its cable or tubing, free of charge for the purpose of carrying wires of Grantor's telegraph, telephone, alarm, signal, or radio system used for governmental purposes, provided said wires are placed and maintained in such a manner as may be reasonably prescribed by Grantee, and in no case used to carry electric light or high- 27 ~,°,~ ~° tension currents. Whenever it becomes necessary for Grantee to move Grantor's said wires for Grantee's own purposes, such removal shall be at the cost of Grantee and under supervision of the Grantor, and such wires shall be promptly replaced by Grantee at Grantee's expense. 4.7 Interconnect. Within 6 months after receipt of written request from Grantor, Grantee shall provide for Interconnection with any adjacent Cable Operator. Such Interconnection shall be accomplished at Grantee's expense, including design, installation, and all necessary equipment, hardware, and accessories. Such Interconnection, including bi-directional capability, shall be required only if technically feasible. 4.8 Identification. Vehicles owned or leased by Grantee and used in the installation, construction, or repair of the Cable System shall be identified as to the name of Grantee. All employees of Grantee and of Grantee's contractors and subcontractors performing installation shall carry adequate identification as to their names, local business addresses and local business telephone numbers. Grantee and its contractors shall clearly identify all of its vehicles, employees, agents, and equipment by decals, badges, signs, and as otherwise appropriate. 4.9 Restoration; Repair. Grantee, at its expense, shall repair all damage caused by Grantee, its agents, contractors, and subcontractors, in the construction, Rebuild, upgrade, operation, maintenance, and repair of the Cable System and shall restore all property, both public and private, to its original condition, or as nearly so as possible. Such restoration and repair shall be made as soon as practicable after such damage, and in accordance with applicable codes, not later than ten business days after Grantee's receipt of written notification from the owner of the property so damaged unless otherwise mutually agreed by Grantee and the property owner. If any damage involves pavements, sidewalks, 28 f' E~~ 4 - S driveways, Streets, or other public property, such damage shall be repaired at Grantor's election either by Grantor at Grantee's expense or by Grantee to Grantor's satisfaction within five business days after Grantee's receipt of written notification from Grantor. If damage involves public water mains, sanitary sewer or storm water facilities, Grantee shall immediately notify Grantor of such damages, shall assist Grantor in repairing such damaged facility and shall reimburse Grantor for all reasonable costs associated with such repair. The foregoing shall not limit Grantee's right to contest its liability for any damage claimed. 5 TECHNICAL REQUIREMENTS The signal of any broadcast television or radio station retransmitted on the Cable System shall be carried without material degradation and with a quality no less than that prescribed by rules of any federal, state, or local regulatory agencies having jurisdiction, and as specified herein. The technical specifications, operation, and performance of the Cable System shall conform at all times to any applicable specifications established by any federal or state regulatory agencies having jurisdiction. Notwithstanding the preemption of Cable Television Technical Standards by the FCC, and pending adoption of acceptable Minimum Technical Standards by the FCC (which acceptable Minimum Technical Standards may become effective and may preempt the following enumerated standards immediately upon adoption and at the option of Grantor) , Grantee and Grantor agree that Grantee shall use its best efforts to meet or exceed the following Minimum Technical Standards at all times, over the annual ambient temperature range normally experienced in the area: 29 "~ ~'~ ~.. 5.1 Technical Standards. The system shall comply with the following standards, as measured at any tap output except as indicated: Parameter Value 5.1.1 System Frequency Response (N/10 + 3.5) dB, p-v. 5.1.2 Channel Frequency Response 2 dB pv. (6 MHz) 5.1.3 Composite Triple Beat (CTB) 50 dB down, CW or synchro- nized; 56dB down, modulated or unsynchro- nized. 5.1.4 Cross-Modulation (Synchro- 50 dB down nized) 5.1.5 Audio Frequency Response 50 Hz to 15 KHz,3 dB, p-p 5.1.6 Audio Total Harmonic 2$ Maximum Distortion 5.1.7 Audio Signal-to-Noise Ratio 50 dB Minimum 5.1.8 Levels, at Subscriber Terminals: (a) Visual Carrier Signal 0 dBmV minimum Level Now [FCC §76.605 (a)(4)] 3 dBmV minimum After Rebuild (b) Difference between adjacent-channel carrier levels [FCC §76.605 (a) (5) (i) ] (c) Difference from any other visual carrier level [FCC §76.605(a)(5)(ii)] (d) Visual carrier level variation, any Channel: 3 dB Maximum Now 2 dB Maximum After Rebuild 12dB Maximum Now 6 dB After Rebuild 12 dB Maximum Now 30 k~ r ~ within any 24 hour period (e) Maximum Signal Level: 6 dB Maximum After Rebuild Shall not overload the TV Set 5.1.9 Low-Frequency Disturbances 2~ Maximum (Hum, etc.) [FCC §76.605 (a) (6)] 5.1.10 Visual Carrier-to-Noise Ratio 42 dB minimum [FCC §76.605 (a) (8)] 5.1.11 Ratio of Visual Carrier to 50 dB minimum Any Coherent Disturbance [FCC §76.605 (a) (9) ] 5.1.12 Visual Carrier to Same- 13-17 dB Channel Aural Carrier Ratio. Should federal rules and regulations permit local regulation of Technical Standards and/or should the Technical Standards be changed, the above standards shall be upgraded, at the option of Grantor, to the new standards to be effective immediately. 5.2 Construction Standards. All construction practices shall be in accordance with federal, state, and local statutes, ordinances, and regulations. 5.2.1 All installation of electronic equipment shall be of a permanent nature, durable and installed in accordance with the provisions of the National Electrical Safety Code (National Bureau of Standards) and National Electrical Code (National Bureau of Fire Underwriters) as amended as applicable to Cable Television. 5.2.2 Antenna supporting structures (towers) shall be designed for proper loading as specified by Electronics Industry Association Specification RS 222E or current version. 31 .~"'. ~.~ ~ -~` 5.2.3 Antenna supporting structures (towers) shall be painted, lighted, erected and maintained to comply with all applicable rules and regulations of the Federal Aviation Administration and all other applicable federal, state, and local codes and regulations. 5.2.4 Grantee's Cable System shall be installed, located, erected, constructed, reconstructed, replaced, removed, repaired, maintained and operated in accordance with good engineering practices. Work shall be performed by experienced maintenance and construction personnel. Grantee shall preserve and protect plants, shrubbery and trees, and any improvements in the tree belts and rights-of-way. Grantee shall not unnecessarily hinder or obstruct pedestrian or vehicular traffic. 5.2.5 Grantee shall at all times exercise reasonable care and shall adhere to industry standards in the construction, operation, maintenance, or repair of the Cable Television System. 6 TESTING 6.1 Performance Testing By Grantee. Grantee shall provide and keep on hand at all times, or have available to it within not less than ten business days notice from Grantor, accurately- calibrated test equipment for testing to such Technical Standards as set forth in Part 5 above and as may be modified in the future. Grantee shall conduct tests of said Technical Standards as from time to time may be reasonably requested by Grantor, coordinated 32 f` y~~-~~ through the CATV Committee, (but not in excess of once each one- year period in the entire system unless independent tests show that such Technical Standards have not been met, and then until such prescribed Standards have been met) in order to determine the level of performance of the Cable System. Grantor may provide a technical representative to witness and report on such tests. 6.2 Performance Testins Required by Grantor. Testing for compliance with Technical Standards may be required by Grantor, who may, from time to time, retain an independent engineer to conduct technical performance tests of the System in addition to those conducted by Grantee, or to witness such tests performed by Grantee. If the system fails to meet one or more of the Technical Standards at the time of any test, Grantee shall reimburse Grantor for all related costs and shall investigate and correct the cause of said failure. Grantee shall be given a period of sixty days to correct said causes. Performance testing shall be repeated upon completion of necessary repair or adjustment by Grantee, and a report of the second test submitted to Grantor. Substantial failure to comply with Technical Standards or repeated failure to take corrective action in the event of such failures shall constitute a substantial breach of this Ordinance. Test procedures shall generally follow the guidelines of the NCTA "RECOMMENDED PRACTICES for measurements on cable television systems," and as specified by the independent engineer 33 t ~ ~r f" `l"! ~ retained by Grantor. Such tests shall be coordinated through the CATV Committee and conducted on a reasonable periodic basis. 7 LIABILITY OF GRANTORS 7.1 Liability; Hold Harmless. Grantee shall indemnify and hold free and harmless Grantor and its officials, officers, agents, and employees from and against any and all loss, cost, or expense, including reasonable attorneys' and consultants' fees, resulting from any claim, demand, suit, or other action, whether or not reduced to judgement, and for any liability of any nature whatsoever that may arise out of or in connection with or result from the presence of Grantee or Grantee's agents, successors (excluding approved transferees pursuant to q 2.4.2 of this Ordinance), employees, contractors, invited parties, or affiliates in their use of, or activities or omissions in, Grantor's Streets or property, including without limitation, liability for damages to persons or property, or wrongful death in connection with the construction, installation, maintenance, operation, repair, or removal of the Cable System or the use of any poles, wires, conduits, and fiber optic equipment or the exercise by Grantee of any right or privilege granted by or under this Ordinance and the Franchise issued pursuant hereto, or any failure by Grantee to comply with any law, ordinance, or regulation, or by reason of suit or claim for royalties, lease fees, or infringement of copyrights or patents. 34 ~~~~~ 7.2 Expenses. In the event that Grantor reasonably determines that its interests cannot be represented in good faith by Grantee, Grantee shall be so notified in writing, and Grantee shall reimburse Grantor and its officers, employees, and agents for all expenses incurred by them, including reasonable attorney and consultant fees, in defending themselves in connection with any matter the defense of which would otherwise have been conducted by Grantee pursuant to the terms of this Ordinance. 8 INSURANCE.; BONDING 8.1 Insurance Coveracte. Grantee shall, at its expense, prior to any use of or entry upon Grantor's Streets or property and at all times during the term of any Franchise issued pursuant to this Ordinance, maintain and provide Grantor with suitable evidence of both (1) broad form contractual liability insurance coverage including the indemnification obligation set forth in Part 7 above, and (2) general public liability insurance coverage including, but not limited to, motor vehicle liability coverage naming Grantee, its employees, and affiliates, as insureds and naming Grantor, its officers, officials, agents, and employees as additional insureds while acting in the scope of their employment, insuring against on an occurrence basis all claims, loss, cost, damage, expense and liability from loss of life or damage or injury to persons or property arising out of Grantee's use of Grantor's Streets or property. Said policies shall have limits of not less 35 ~~ ~,, ~ ~ ~. than Five Million Dollars ($5,000,000) combined single limit for loss of life or injury to one or more persons and for property damage as a result of one incident, except that, with the express consent of Grantor, Grantee may be self-insured or provide indemnity from an Affiliated Person for the initial $500,000.00 of such coverage. 8.2 Additional Indemnification. Grantee shall require substantially identical indemnification and insurance coverages as set forth in Part 7 and ~ 8.1 above in favor of Grantor, its officials, officers, agents and employees, from any independent contractor or other entity working on its behalf in Grantor's Streets. However, the amount of such coverages shall be $1,000,000.00 combined single limit with a $3,000,000.00 umbrella, naming both Grantee and Grantor, its officers, agents, and employees as additional insureds. 8.3 Performance Bond. A performance bond shall be posted and maintained for the Franchise term in favor of Roanoke City, Roanoke County, and the Town of Vinton as joint and several obligees in the amount of $300,000.00 by a bonding company approved by Grantor. 8.4 Cash Deposit or Letter of Credit A cash deposit or letter of credit shall be provided and maintained in favor of Roanoke City, Roanoke County, and the Town of Vinton as joint and several payees in the amount of $50,000.00. 36 8.5 Cancellation Notice. All Grantee bonds, insurance policies and certificates of insurance shall stipulate that the coverages afforded by the policies shall not be cancelled, modified or allowed to expire until at least 30 days prior written notice has been delivered to Grantor and a receipt of delivery obtained. 8.6 Evidence of Insurance. By not later than the effective date of the Franchise, Grantee shall furnish to Grantor current certificates of insurance, which shall include the named insureds set forth in ~[ 8.1. and q 8.2 above. Failure to maintain said insurance shall constitute a substantial breach within the meaning of q 10.2.1.7 below, and shall be grounds for revocation of the Franchise. 8.7 Approval of Insurance Company Insurance coverage shall be in a form and with an insurance company approved by Grantor, which approval shall not be unreasonably withheld. Insurance coverage shall be with a company authorized to do business in the Commonwealth of Virginia. 8.8 Changes in Limits. At the end of six years, Grantor shall have the right to require increases in the amounts of insurance specified above. Any adjustments shall bear a reasonable relation to any change in the cost of living or cost of repair or replacement, as measured by changes in the Consumer Price Index of the United States Bureau of Labor Statistics applicable to the 37 ~~,. Commonwealth of Virginia ("CPI"), or comparable measure if the Consumer Price Index is no longer being issued. 9 SERVICE PROVISIONS 9.1 Performance. The Cable System shall be engineered, installed, equipped, maintained and operated so as to meet FCC standards and the Technical Standards in Part 5 above, and shall comply with all applicable federal, state, and local codes. 9.2 Itemized Bills. Grantee shall provide any Subscriber upon request with an itemized monthly bill, listing each Tier or level of Service and its price, and any add-on taxes, together with the total. 9.3 Chanae in Channel Array Grantee shall provide thirty (30) days written advance notice to Grantor and Subscribers of any changes of Channels line-up or of Tiering unless the schedule of such changes is beyond the control of Grantee. In such case, Grantee shall provide notification and explanation immediately by Public Notice and in writing. 9.4 Notice of Rate Changes Grantee shall give Grantor, the CATV Committee, and all Subscribers at least 30 days Public Notice of any change in Subscriber rates. Notice to Subscribers may be given by ordinary mail or included with their monthly statements. 38 ~; '~ 't; . -~ 9.5 Disconnect Charges. Grantor shall not charge any Subscriber for disconnect of Service. 9.6 Rate or Service Discrimination• Special Classifications. Grantee shall not subject any person or group of persons to any prejudice or disadvantage, preference, or advantage in connection with rates, charges, service, facilities, rules or regulations. Nothing herein shall prohibit the provision of free Service to government, institutional, or school buildings, or the provision of free Service to Grantee's employees. Notwithstanding the foregoing, Grantee may negotiate bulk or special rates for businesses, hospitals, nursing homes, Multiple Dwelling Units and other non-single family residential users. In the event of an Overbuild by an additional franchisee, Grantor shall not object to a reduction of rates by Grantee in the area of Overbuild to provide comparable service for comparable rates in order to promote competition in such area. 9.7 Free Basic Service. Grantee shall provide Basic Service without charge to each government building, fire station, police station, library, school or public college academic building, and other Grantor-owned or Grantor-occupied buildings (excluding housing units and buildings owned by Grantor but not used for government or educational purposes) within the Territorial Limits, as requested by Grantor. One Standard Drop and one converter (if 39 ~: needed) per building shall constitute compliance. Any attached identified structures shall be treated as separate buildings. Any service provided to Roanoke County Schools or other governmental buildings through an Interconnect as provided for in ~ 4.7 shall be without charge. 9.8 Emergency Power. Within two (2) years after acceptance of the Franchise pursuant to this Ordinance, the Cable Distribution System shall be equipped with battery-backup power supplies capable of powering the system for a period of not less than one (i) hour, and the Head-End shall be provided with adequate emergency backup power. 9.9 Emergency Override. Within six (6) months of acceptance of the Franchise pursuant to this Ordinance, Grantee shall incorporate emergency Audio override capabilities which can be operated from a standard touch-tone phone by authorized agents of Grantor. Activation of this emergency override capability shall give such agent voice control on all channels as permitted by law for the purposes of instructing viewers to turn to the Government Access or other Channels for detailed information and instructions. Emergency Override capability shall be installed at the expense of Grantee. The Government Access Channel(s) shall be available for transmission of signals from an Alphanumeric Character Generator and modulator, under the control of Grantor, or live Video and Audio transmission, at Grantor's option. 40 ~.,, ~i~l_ `~ 9.10 Emergency Communications At least one person in responsible charge of Grantee's operations in the Territorial Limits shall be available by local telephone during such hours as Grantee's business office is closed, and the telephone number of such person shall be supplied in advance to the Grantor's chief administrative official and the presiding officer of Grantor's governing body and Grantor's Police and Fire Departments. 9.11 State of the Art. Throughout the term of the Franchise, Grantee shall operate and maintain the System in a manner consistent with all laws, ordinances and construction standards of Grantor and the Technical Standards. Throughout the term of this Franchise, Grantee shall maintain and upgrade the System and the technical performance of the System so as to keep pace with the developments in the State- of-the-Art as defined herein. Grantee may on its initiative participate in or undertake experiments, tests, and other activities to determine the State-of-the-Art of cable communications technology currently in use. Grantor may require that Grantee undertake such tests to the extent Grantor determines that it is economically viable and feasible to do so and provided that such experiments, tests and other activities are technically sound and undertaken in response to a mutually-defined market demand. Grantee shall provide Grantor with written reports of the results of all significant tests conducted by Grantee at the request of Grantor as described in this section. 41 ~. L~ ~-~ ~ -~~ ~:~ 9.12 Subscriber Antennas; AB Switches. Notwithstanding any disconnection of Subscribers' existing Antennas and down leads to receivers connected to the Cable System, the Cable System shall be so designed that physical removal of such Antennas and down leads will not be required, and so that the Subscriber may utilize such Antennas at any time in place of the Cable System Service. Grantee shall furnish and install for each Subscriber so requesting, at reasonable cost, a switch permitting the Subscriber to change from Cable reception to home-antenna reception and back at the option of the Subscriber. Grantee shall offer to install such switch free of charge at the time of installation of Subscriber Service. Such switch and installation shall comply with FCC rules, codes, and standards, and with good engineering practice. Grantee shall notify all Subscribers at least once per year that such AB switches are available from Grantee and from others. 9.13 Tree trimmina. Grantee shall have the authority to trim any trees upon and overhanging Streets to prevent the branches of such trees from coming in contact with Grantee's wires and cables. All trimming shall be performed in a safe and orderly manner and in compliance with the pruning standards of the National Arborists Association, as amended, and applicable provisions of local codes and ordinances. 9.14 Drops. In areas where the Cable Distribution System is located underground, Drops to the structure (installed after the 42 ..~` ~~~~~~ effective date of the Franchise) shall be underground, buried a minimum of twelve (12) inches. In other areas Drops may be aerial unless the Subscriber elects to pay the cost of underground installation. Insofar as practicable, Grantee shall adhere to each Subscriber's desire with regard to point of entry of the Drop connection into each structure. Insofar as practicable, within the Subscriber's structure, Drop cable runs shall be made as unobtrusively as possible. All Drops shall be grounded at the building entry, in accordance with local, NESC, and NEC requirements. 9.15 Installation Time. Within all areas served by the CATV System, service to all Subscribers requiring an aerial installation shall be provided within five (5) business days after receipt of the request for service, and service to Subscribers requiring an underground installation shall be provided within ten (10) business days after such request, unless Grantee is prevented by reasons beyond its control or later installation is requested by the Subscriber. 9.16 Parental Guidance Control. Grantee shall make available to any Subscriber so requesting, at reasonable cost, a "parental guidance control" or "lockout key" which will permit the Subscriber to eliminate intelligible audio and video reception of any or all of the Premium Service Channels. Grantee shall notify all Subscribers of the availability of such parental-control devices. 43 ~,. ~~~~~"~ 9.17 Comblaint Po icy Grantee shall promulgate written policy statements and procedures for reporting and resolving Subscriber complaints including record keeping requirements consistent with q 19.9. Grantee shall furnish a copy thereof to each new Subscriber and to Grantor, and thereafter to all Subscribers at least annually, and to Grantor and all Subscribers at such time as there is any change in such policy. 9.18 Call Recordinct Service for Current Known Outages. Grantee shall provide a telephone number which provides a recorded message or access to an employee or agent of Grantee, on a 24 hour basis. The recorded message shall describe current known System deficiencies and outages and thereafter accept recorded messages from Subscribers, who may leave their names; request service; report outages; and request credit for Down Time. 10 ENFORCEMENT 10.1 Performance Bond; Letter of Credit 10.1.1 Performance Bond. No later than the date of acceptance of any Franchise, Grantee shall post and maintain, at its sole cost and expense, a corporate surety bond issued by a surety company authorized to do business in the Commonwealth of Virginia and reasonably acceptable to Grantor as security for the faithful performance by Grantee in accordance with the provisions 44 ~~~. of this Ordinance and the Franchise issued pursuant hereto. Said bond shall assure Grantor of recovery of any and all liability, damages, losses, costs and expenses sustained or suffered by Grantor as the result of, without limitation, Grantee's failure to properly construct, operate or maintain the Cable Television System as required under this Ordinance and the Franchise issued pursuant hereto. The total amount of the bond shall be $300, 000 and the bond shall be maintained at such level in favor of the City of Roanoke, Town of Vinton, and Roanoke County, Virginia, jointly and severally. 10.1.2 Letter of Credit. No later than the date of acceptance of the Franchise, Grantee shall deposit and maintain a Letter of Credit in the amount of $50,000 in favor of City of Roanoke, Town of Vinton, and Roanoke County, Virginia, jointly and severally. The full amount of the Letter of Credit shall be maintained throughout the term of the Franchise. The form of such Letter of Credit shall be approved by Grantor. The Letter of Credit will be used to ensure the faithful performance by Grantee of all provisions of this Ordinance, including the payment by Grantee of any penalties, costs, claims, liens or taxes due by reason of the construction, maintenance, or operation of the Cable Television System, or any breach of any provision under this Ordinance. 45 c ~ ~ ,~~ ~~ 10.1.3 Call of Performance Bond• Letter of Credit. The Letter of Credit posted pursuant hereto shall be forfeited and become the property of the City of Roanoke, Town of Vinton, and County of Roanoke, Virginia, jointly and severally, and the Performance Bond shall become actionable by one or more of the jurisdictions, if the Franchise is revoked by reason of substantial breach by Grantee. The Performance Bond and Letter of Credit shall be maintained for the duration of the Franchise and expire by the terms herein no sooner than the expiration of the Franchise, provided however, that the Performance Bond and Letter of Credit shall remain in force after expiration in the event of any outstanding substantial breach or dispute as to breach or amount due from Grantee. 10.2 Forfeiture and Termination. 10.2.1 Forfeiture and Termination. In addition to all other rights and powers retained by Grantor under this Ordinance, Grantor reserves the right to forfeit and terminate the Franchise in the event of an uncured substantial breach of the provisions specified below for the applicable periods specified: 10.2.1.1 Failure to notify Grantor of change in ownership accumulation of 5~ as required by ~[ 2.4.3 (30 days); 46 ~~~~~ 10.2.1.2 Failure to notify Grantor of change of ownership or control as required by ~ 2.4.2 (30 days); 10.2.1.3 Failure to provide financial information (30 days); see Parts 3 and 17 of this Ordinance 10.2.1.4 Failure to satisfy technical requirements regarding System characteristics, or failure to meet Technical Standards as provided in Part 5 and ~ 9.1 (30 days); 10.2.1.5 Failure to provide any service to any person as required by q 2.7 of this Ordinance and the Franchise (30 days); 10.2.1.6 Abandonment of the Cable System in whole or in part without prior written consent of Grantor (5 days); 10.2..1.7 Failure to provide and maintain insurance, surety and indemnity or failure to notify Grantor of expiration of insurance as required in Parts 7 and 8 of this Ordinance (1 day). 10.2.1.8 Failure to comply with the consumer standards as provided in Parts 19 and 20 of this Ordinance (30 days) ; 47 ~'" s'. ~ `-~ 10.2.1.9 Failure to make any payments as required in any Franchise agreement; 10.2.1.10 Failure to supply and equip the Access Channels and other support, and any related services, equipment and facilities as required in any Franchise agreement (60 days); 10.2.1.11 Engaging in a course of conduct constituting perpetration of any fraud or deceit upon Grantor, any subscriber, or any other user of the system at any time (none); 10.2.1.12 Taking any material action at any time which requires the approval or consent of Grantor without having first obtained such approval or consent (immediate action); 10.2.1.13 At any time, the making by Grantee, any director, officer or other Person exercising control of Grantee, or any Affiliated Person or employee or agent of Grantee acting under the express direction or with the actual consent of Grantee of any false entry knowingly in the books or accounts or records of Grantee or in any books, records, or documents .relied upon by Grantor or in connection with the certification as required by Y 2.15 above. (none); 10.2.1.14 Failure to complete Rebuild of the System in the time specified in the Franchise (60 days); 48 ~~_~~~ 10.2.1.15 Any written material misrepresentation or certification made by or on behalf of Grantee in its proposal for the Franchise granted pursuant to this Ordinance or in connection with the negotiation or renegotiation of or any other modification to the Franchise Agreement or Ordinance (immediate action); 10.2.1.16 Failure to reasonably cooperate at any time with any lawful investigation, audit or inquiry conducted by or authorized by Grantor (immediate action); 10.2.1.17 Failure to replace amounts withdrawn from the Letter of Credit within ten (10) days in accordance with q 10.1.2; 10.2.1.18 Failure to correct deficiencies in the System following tests as provided in ~ 6.1 and/or retests as provided in Q 6.2 (60 days); 10.2.1.19 Accumulation of $5000 in penalties over a twelve-month period, provided however, that no such penalties shall be deemed to be included in such total during a bona-fide dispute after notice from Grantee that Grantee will dispute such penalties as provided herein. (none) 10.3 Penalties. If Grantee fails to observe any of its obligations under the terms of this Ordinance or the Franchise 49 ~,~ ~~ issued pursuant hereto, Grantor may assess Grantee and Grantee agrees to pay Grantor monetary penalties in accordance with the schedule of penalties set forth below. The penalties set forth below shall be the exclusive monetary remedy for the named breaches, but shall not constitute a waiver by Grantor of any other right or remedy it may have under this Ordinance or under applicable law. Any such penalty shall be recoverable from the Letter of Credit or the Performance Bond, at the option of Grantor. 10.3.1 Failure to keep business office open during established business hours ($100 per day); 10.3.2 Failure to comply with the provisions of ~ 2.4.1 and/or ~ 2.4.2, change of ownership ($1000 per day); 10.3.3 Failure to test the system or provide reports thereof as required in Part 6 of this Ordinance ($100 per day); 10.3.4 Failure to render payment of Franchise fees within the time specified in Part 3.1 of this Ordinance. (Annual rate of 12~, or 2~ over the Prime Rate established by Chase Manhattan, N.,A., whichever is higher, compounded daily from time due until paid, plus an initial penalty of 5~ of amount due.); 10.3.5 Failure to comply with surety provisions of Part 8 ($100 per day); 50 R~ t !~ w '~ '` x, 10.3.6 Failure to make a timely filing of annual financial report as required by the terms of the Franchise or maintain open records as required in Part 17 herein ($100 per day); 10.3.7 Failure to maintain the Technical Standards required in Part 5 herein ($250 per day); 10.3.8 Failure to restore amounts to the Letter of Credit as specified in §§ 8.4 and 10.1.2. herein ($250 per day); 10.3.9 Failure to comply with any requirement of Part 20 within the time specified ($100 per day per occurrence); 10.3.10 Failure to comply with any other obligation contained in this Ordinance or future amendments hereto ($100 per day) 10.3.11 Failure to build or Rebuild the System as provided in any Franchise granted pursuant to this Ordinance ($5000 per day). These penalties shall be in addition to, and not a limitation on, the other penal provisions of this Ordinance including forfeiture and termination. 51 ~,°` 8', 10.4 Procedure for Revocation of Franchise or Im s't'o of Penalties, 10.4.1 Notice and Opportunity to Cure. Should Grantor desire to invoke forfeiture of the Franchise or imposition of penalties as set forth herein, Grantor shall make a written notice by certified or hand-delivered mail upon Grantee's General Manager at its local office to comply with any provision, rule or determination which it feels Grantee has breached. If the breach by Grantee is uncured for the period specified in ~ 10.2.1 in the case of forfeitures or 10 days in the case of penalties, following such written demand, Grantor may revoke the Franchise or impose a penalty, as appropriate. Should Grantee dispute that a breach has occurred, Grantee may request Grantor to hold a hearing pursuant to y 10.3.2. Grantor shall toll the time for cure from the date of such request until a final determination is made, regarding whether a breach has, in fact, occurred, provided however, that any penalty or breach shall be deemed to run and be calculated from the date of Grantor's original notice under ~ 10.3.1 in the event Grantee shall fail in its effort to dispute that a breach has occurred. 10.4.2 Hearing. Should Grantor desire to revoke the Franchise or impose a penalty, and Grantee requests a hearing under ~[ 10.3.1.1 above, Grantor shall provide Grantee an opportunity to appear at a public hearing within twenty (20) days of receipt of 52 ~~~-~ such request to present its argument, including .the opportunity to offer evidence and question witnesses. Based on the evidence at such hearing, Grantor shall within ten (10) days of such hearing determine whether Grantee was in breach of the Ordinance or Franchise and, if so, if Grantee has failed to cure or take substantial steps to cure such breach within the allotted time. If Grantor fails to make a determination within ten (10) days following such hearing, the applicable penalty shall be tolled until a determination is made. 10.4.3 Computation of Penalty. Computation of the penalty shall begin on the day notice is received by the Grantee and shall continue until the breach is cured except as provided above. 10.5 Force Majeure; Waiver. 10.5.1 Force Majeure. Grantee shall not be deemed in breach of this Ordinance or the Franchise for any failure to perform which results from circumstances not under Grantee's reasonable control, such as war, civil disturbance, natural catastrophe or acts of God. Grantee shall not be excused by economic hardship or by misfeasance or malfeasance of its directors, officers, employees, affiliates or Parent. 53 ,~" 10.5.2 No Waiver. Grantee shall not be relieved of its obligations to comply with any of the provisions of this Ordinance or the Franchise by reason of failure or delay of Grantor to enforce prompt compliance. Any waiver by Grantor of a breach or violation of any provision of this Ordinance or the Franchise shall not operate as or be construed to be a waiver of any subsequent or prior breach or violation. 10.6 Removal After Expiration or Revocation• Option to Purchase. 10.6.1 Removal. At the expiration and nonrenewal of the term of the Franchise or its revocation, Grantor shall have the right to require Grantee to remove, at Grantee's expense, all or any portion of the System from all Streets and public property within the Territorial Limits as well as Drops from private property at Subscriber's request. In so removing the System, Grantee shall backfill and compact, at its own expense, any excavation that shall be made and shall leave all Streets, public property and private property in the same condition as that prevailing prior to Grantee's removal of the System, and without affecting, altering or disturbing, in any way, any electric, telephone or utility cables, wires or attachments or other facilities. Grantor shall have the right to inspect and approve the condition of the Streets and public property after removal and to require appropriate repair or replacement. Grantee's insurance 54 ~' ~^ ~ 'a"~ and indemnity shall remain in full force and effect during the entire term of removal. 10.6.2 Disposal. If Grantee has failed to commence removal of the System, or such part thereof as was designated, within thirty (30) days after written notice of Grantor's demand for removal is given, or if Grantee has failed to complete such removal within one (1) year after written notice of Grantor's demand for removal is given, Grantor shall have the right to exercise one of the following options: 10.6.2.1 Declare the System abandoned, with title thereto vested in Grantor with all rights of ownership including, but not limited to, the right to operate the System or transfer the System to another for operation by it; or 10.6.2.2 Cause the System, or such part thereof as Grantor shall designate, to be removed at Grantee's cost. The cost of removal shall be recoverable from the Letter of Credit and Bond provided for in the Franchise and herein, and from Grantee directly. 10.6.3 Oution to Purchase. Grantor shall have the option, upon revocation for cause of the Franchise pursuant to this Part, to purchase the Cable System. If Grantor elects to 55 .~ ~~~ ~ _ f ,~ purchase the Cable System, the price shall be determined as provided by applicable law, with no value placed on the Franchise. 11 ROANOKE VALLEY REGIONAL CABLE TV COMMITTEE ("CATV COMMITTEE") 11.1 Members. The it members of the CATV Committee shall be selected as follows, and appointed by the appropriate authority: 11.1.1 One member from the Roanoke County Board of Supervisors. 11.1.2 One member from the Roanoke City Council. 11.1.3 One member from the Vinton City Council. 11.1.4 The Vinton Town Manager or his designee. 11.1.5 The Roanoke County Administrator or his designee. 11.1.6 The Roanoke City Manager or his designee. 11.1.7 One member each from the Roanoke City and Roanoke County School Systems appointed by the respective School Boards. 56 11.1.8 One member at-large from each of the three jurisdictions (Vinton, Roanoke, Roanoke County) appointed by the respective governing body. The General Manager of Grantee shall be given notice of the date, time, and location of each meeting, with at least 10 days' notice where possible, and may attend all such meetings, except when the meetings are in executive session. The Chairperson shall be elected by the Committee for a period of one (1) year, or for such other term as the Committee shall determine. 11.2 Terms of Office. The terms for the three appointed at-large members shall be staggered, as follows: the initial appointee from Roanoke County shall serve one (1) year; the initial appointee from Roanoke City shall serve for two (2) years; and the initial appointee from the Town of Vinton shall serve for three (3) years. After the initial terms, each member at-large shall be appointed for a term of three (3) years or until a successor is qualified. Council or Board members shall serve for such periods as determined by their respective governing bodies. 11.3 Meetings. The CATV Committee shall meet at the call of the Chairperson or at such other times as the Committee shall determine, and not less often than once each year. A quorum shall 57 "" ~: be constituted by five (5) Members. The CATV Committee shall be authorized to adopt such By-laws and rules of procedure as are necessary to exercise the responsibilities granted herein. 11.4 Powers and Duties. The CATV Committee shall: 11.4.1 Advise Grantor on applications for Franchises. 11.4.2 Monitor Grantee's compliance with the provisions of this Ordinance and advise Grantor on matters which might constitute grounds for monetary forfeiture or revocation of the Franchise in accordance with this Ordinance. 11.4.3 To the extent permitted by applicable law, advise on the regulation of rates in accordance with this Ordinance, the Franchise, and applicable law. 11.4.4 Hear all complaints of Subscribers which have not been satisfied by Grantee; respond to such complaints; record all such complaints; attempt to resolve complaints with Grantee; record results; and report on an annual basis the results of its actions hereunder relating to complaints to the respective governing bodies. 58 L~ ~ ~'~ `~ 11.4.5 Review any proposed change in Franchise ownership and recommend whether approval should be granted by Grantor. 11.4.6 Coordinate review of Grantee records as required by this Ordinance. 11.4.7 Encourage use of Access and Institutional channels among the widest range of institutions, groups and individuals within the Territorial Limits. 11.4.8 Review access budgets as prepared by Grantor departments and coordinate the expenditure of any capital grant funds provided for in the Franchise for the full development of educational channels and Access-Cablecasting programming, and other access uses of the Cable System. 11.4.9 Prepare and recommend to the respective governing bodies: 11.4.9.1 Rules and procedures consistent with this Ordinance and the Franchise, under which Grantee may use Access Channel capacity for the provision of other services when Access Channels are not being used for access purposes; and 59 ~{ ~~~~ °~ 11.4.9.2 Rules and procedures consistent with this Ordinance and the Franchise, under which such use by Grantee shall cease. 11.4.10 Develop appropriate policies and procedures; coordinate Access Cablecasting programming and activities; and assist in preparation and review of budgets for all Access and Origination Cablecasting activities. 11.4.11 Maintain records in accordance with statutory requirements. 12 COURT AND REGULATORY AGENCY REPORTS AND FILINGS Grantee shall submit to Grantor and the CATV Committee, within reasonable times after submission and/or receipt, copies of all pleadings, applications, reports, communications, and documents of any kind submitted by Grantee to, as well as copies of all decisions, correspondence and actions by, any federal, state and local courts, regulatory agencies and other government bodies, in any proceeding to which Grantee is a party and which materially affects the operation of the Cable System inside the Territorial Limits. Copies of tax returns need not be provided. 13 ACCEPTANCE 60 ~~, ~. w Grantee shall execute any Franchise, granted pursuant hereto, along with attachments thereto, within 20 business days after the grant of the Franchise. 14 TIME IS OF THE ESSENCE Whenever this ordinance or the Franchise sets forth any time for any act to be performed by or on behalf of Grantee, such time shall be deemed of the essence, and failure of Grantee to perform within the time allotted shall subject Grantee to the applicable provisions set forth in Part 10 above . 15 APPLICATION FOR FRANCHISE Any application for a CATV Franchise must contain the following information: 15.1 Identification. The name, address and telephone number of the applicant. 15.2 Description of Applicant A detailed description of the corporate or other business-entity organization of the applicant, including but not limited to the following and to whatever extent required by Grantor: 61 -°, ~; ~' s 15.2.1 The name, residence, business address, and telephone numbers of each officer, director, and the general manager of the applicant. 15.2.2 The name, residence, business address and telephone numbers of each persons having, being entitled to have or control, or controlling 1$ or more of the ownership of the applicant; and each Parent and Affiliated Person of the applicant, and the respective ownership share. 15.2.3 The name and address and telephone numbers of each Parent or Affiliated Person of the applicant, and a statement of the principal business of any such Parent or Affiliated Person, including but not limited to Cable Television Systems, broadcast stations, newspapers, magazines, and telephones companies, and the areas served thereby. 15.2.4 A detailed description of the previous experience of the applicant in providing Cable Television System service and related or similar service . 15.3 Application. 15.3.1 Detailed pro forma projections over the first ten years of operation of the system, by year: including, without limitation, numbers of Subscribers by Tier, rates by Tier, revenues 62 i~. a^~ ~, - k. in detail, expenses in detail, balance sheet, capital expenditures, depreciation, and cash flow. 15.3.2 A detailed and complete financial statement of the applicant, its Parent and/or its subsidiaries, prepared by a certified public accountant, for the fiscal year next preceding the date of the application hereunder, or a letter or other acceptable evidence in writing from a recognized lending institution or funding source, addressed to the applicant and Grantor, setting forth the bases for studies performed by such lending institution or funding source, and a clear statement of its intent as a lending institution or funding source to provide whatever capital shall be required by the applicant to construct or rebuild and operate the proposed system, or a statement from a certified public accountant certifying that the applicant has available sufficient free, net and uncommitted cash resources to upgrade or construct and operate the proposed system. 15.3.3 A statement identifying, by place and date, any other cable television franchises awarded to the applicant, its Parent or subsidiary; the status of such franchises with respect to completion thereof; the total cost of completion of such system(s) and the amount of applicant's and its Parents' or subsidiaries' resources committed to the completion thereof. 63 „~.,r ~~~ ~... 15.3.4 A detailed description of the proposed plan of operation of the applicant which shall include but not be limited to the following: 15.3.4.1 A detailed map indicating all areas proposed to be served, and a proposed construction time schedule for the complete upgrade or rebuild of the system as necessary to become operational and to comply with this Ordinance and the Franchise, throughout the entire area to be served. 15.3.4.2 A statement or schedule listing all proposed classifications of rates and charges, including installation charges and service charges, extra service, bad checks, etc.. 15.3.4.3 A detailed, informative, and referenced statement describing the equipments(manufacturers and model numbers and operational and construction standards) which will be used by the applicant. 15.3.4.4 A detailed description of the technologies to be used, particularly in respect to extension policy and optimum service to all areas and including clear evidence of the feasibility of any planned new technologies. 15.3.4.5 Consumer-oriented subscriber-service standards. 64 ~~,,. ~.~ ~ gyp. ~"~ 16 REGULATORY CHANGES 16.1 General. This Ordinance and any Franchise granted pursuant hereto shall be subject to all applicable federal and state laws, rules and regulations [hereinafter '~law'~]. If any such law is thereafter amended, changed or repealed, or any new law is adopted or promulgated applicable to Cable Service after the effective date of any Franchise granted hereunder, any such amendment or change shall be incorporated into this Ordinance at the option of Grantor to the extent permitted by law. Such change shall become effective upon thirty (30) days written notice by Grantor to the Grantee of such incorporation . 16.2 Rate or Other Regulation Grantor reserves the right to regulate rates for Cable Service or to engage in other regulatory activity to the fullest extent permitted by law. In the event that applicable law is amended or repealed or any restrictions on the authority of Grantor to regulate rates or other Grantee activities are removed or lessened, this Ordinance shall be deemed to include such regulatory authority for Grantor as if expressly set forth herein. If the FCC, or any other authorized entity, permits Grantor to regulate such rates, Grantor may, at its discretion, establish reasonable procedures and standards and regulate such rates to the fullest extent permitted. 65 ~~~~ If the FCC or any other government body is granted the authority to regulate rates, such rules as may be promulgated may be appropriately incorporated into any Franchise and this Cable Ordinance, at the option of Grantor. 17 OPEN BOOKS AND RECORDS Grantee shall make available, upon written request by Grantor, complete and accurate books of account, records, maps, plans and other like materials of the company applicable to the business, ownership, and operations of the System. Grantor shall have the right to inspect Grantee's operations at intervals and for reasons related to the enforcement, compliance, and administration of this ordinance and the Franchise and to obtain any applicable information which has not otherwise been provided to Grantor, when Grantor has reasonable basis to believe such has not been reported fairly or accurately. Grantor shall protect the confidentiality of such information to the extent permitted by law. Within thirty (30) business days after request by Grantor, Grantee shall provide Grantor with copies of such records, certified as accurate by an officer of Grantee. 18 SEVERABILITY All terms and conditions of this Ordinance and the Franchise are subject to the rules and regulations of, and to any required 66 ~.~~~, approval of, federal and state agencies. If any provision of this Ordinance or any Franchise granted hereunder is held by any court or federal or state agency of competent jurisdiction to be invalid as conflicting with any federal or state law, rule or regulation now or hereafter to become in effect, or is held by such court or agency to be modified in any way in order to conform to the requirement of any such law, rule or regulation, said provision shall be considered a separate, distinct and independent part of this Ordinance or the Franchise, and such holding shall not affect the validity and enforceability of any other provisions of this Ordinance or the Franchise. Notwithstanding the foregoing, if any part of the Franchise is found to be invalid by the FCC or any court of competent jurisdiction, then the parties shall renegotiate such part. In the event that such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed, so that the provision hereof which had been held invalid or modified is no longer in conflict with the law, rules, and regulations then in effect, said provision shall thereupon return immediately to full force and effect, at the option of Grantor. 19 SERVICE AND REPAIR STANDARDS Grantee shall establish and adhere to a preventive maintenance policy directed toward maximizing the reliability and maintainability of the Cable System with respect to its delivery of 67 ~' ~. Cable Service to Subscribers at or above the Technical Standards set forth herein. When it is necessary to interrupt Cable Service for the purpose of making repairs, adjustments, installations or other maintenance activities, Grantee shall do so at such times as will cause the least inconvenience to its Subscribers, generally between the hours of 11:30 p.m. and 6:30 a.m. the next morning. Grantee shall comply with consumer service standards as promulgated by the National Cable Television Association (NCTA) which standards are incorporated herein by reference, and with the following: 19.1 Repair Capability Grantee shall maintain sufficient qualified technicians, service vehicles, and test and repair equipment to provide repair service within the parameters set forth below. 19.2 Notice. Except in an emergency, Grantee shall give Subscribers at least 24 hours notice of any interruption of Cable Service for purposes of maintenance or repair. In an emergency, Grantee shall give such notice as is reasonable in the circumstances. Notice given on the Alphanumeric Channels shall be considered sufficient. When Subscriber channels will be interrupted, normal scheduled service and repair shall be performed between the hours of 11:30 p.m. and 6:30 a.m. the next morning. 68 .. 19.3 Rebair Procedure Grantee shall have a local listed telephone for receipt of requests for repairs at any time, 24 hours per day, seven days per week. Grantee responses to such requests shall occur within 24 hours after Grantee's receipt of such a request, oral or written, excluding Sundays and holidays. Verification of the problem and Grantee's best efforts to resolve the problem shall occur within 48 hours. In any event, resolution should occur within five (5) working days Those matters requiring additional maintenance, repair, or technical adjustments that require more than five (5) working days to complete shall be reported in writing to the Subscriber and the CATV Committee . Grantor may require reasonable documentation to be provided by Grantee to substantiate a request for additional time to resolve any such complaint. Grantee shall respond seven days a week within two hours to any Area Outage which occurs between the hours of 7:00 am and 9:00 pm, and by not later than 11:00 am the following day to any Area Outage which occurs between 9:00 p.m., and 7:00 a.m. the following day. Such response shall mean actual commencement of trouble-shooting and repairs, plus contact with the complaining Subscriber(s), if reasonably possible under the circumstances. 19.3.1 Retorts to Grantor Grantee shall provide written notice detailing all actions taken to resolve complaints submitted to Grantor, within 5 business days from written or telephone notification by Grantor to Grantee. Grantee shall 69 .~~~ . ~ ~. provide monthly service-call and outage reports to Grantor or the CATV Committee upon request. 19.4 Refund for Outage For any continuous Service interruption or loss of service in excess of 24 hours, Grantee shall make a pro-rated refund of such Subscriber's regular monthly charge to each Subscriber so affected, upon written request of such Subscriber. The 24-hour period shall commence when Grantee learns of such outage whether through Subscriber notification or notification by Grantee's maintenance personnel. Such refunds shall be prorated by multiplying the applicable monthly service rate by a fraction whose numerator equals the number of days of the outage and whose denominator equals the number of days in the month of the outage. For purposes of this paragraph, an outage shall be defined as a Subscriber's receipt of less than two thirds of the authorized Basic Cable Service Channels, or loss of any Premium Channel. Grantee shall not be required to grant a refund in the event that an outage is caused by any Subscriber. 19.5 Billing Practices Grantee shall maintain written billing practices and policies and shall furnish a copy thereof to Grantor, the CATV Committee, and all Subscribers, and to each new Subscriber. Grantor and all Subscribers shall be notified in writing 30 days in advance of any changes. 70 t^•.b,,.t ~ ti.y 19.6 Pro-rated Service In the event a Subscriber's service is terminated for any reason, monthly charges for service shall be pro-rated on a daily basis. Where advance payment has been made by a Subscriber, the appropriate refund shall be made by Grantee to the Subscriber within 30 days of such termination, unless the amount is less than $5.00 which shall be refunded only upon the Subscriber's request. 19.7 Disconnection for Non-Payment Grantee shall have the right to disconnect a Subscriber for failure to pay an overdue account provided that: 19.7.1 Grantee's billing practices and policy statements have set forth the conditions under which an account will be considered overdue; and 19.7.2 Grantee mails written notice of intent to disconnect at least 15 days prior to the proposed disconnection; and 19.7.3 The Subscriber's account is at least 30 days delinquent computed from the first day of service for which payment has not been made. 19.8 Records. Grantee shall maintain records of all service complaints by Subscribers either oral or written. Grantee 71 ~: a ;=.~ ,..~ shall maintain records showing the date of receipt of all written complaints and identifying the Subscriber, the nature of the complaint, and the date action was taken by Grantee in response thereto, together with a description of such action. Such records shall be kept available at Grantee's local office for at least two years from date of receipt, for inspection by Grantor as it may at any time and from time to time reasonably request, during business hours and upon reasonable notice. A periodic log of all complaints and resolutions, by category, shall be provided to the CATV Committee or its designee upon request. Complaints that remain unresolved for a period of ten (10) working days or more shall be reduced to writing by the Subscriber and submitted to the CATV Committee or its designee for appropriate action. 20 CONSUMER STANDARDS Grantee shall comply with the following Consumer Standards, beginning within two years after the effective date of the Franchise. Service standards shall generally equal or exceed those established by the NCTA, and in Part 19 hereof. 20.1 Mean time between failures. The average time between Area Outages shall exceed twenty-four (24) hours in any twelve (12) month period. It shall be computed by dividing the operating time by the number of Area Outages. 72 .r°~ ~-I ~ ~ - ~ 20.2 Mean time to repair. The average time to complete repair to System outages shall not exceed two (2) hours in any twelve (12) month period. It shall be computed by dividing the total time for repairs by the number of repair orders. 20.3 Subscriber Down Time. Annual Subscriber Down Time shall not exceed an average of four hours per Subscriber. 20.4 Mean Time to Install. Mean time to install shall be eight working days for underground installations and four working days for aerial installations. 20.5 Service Calls (Repairs,_. Seventy percent (70$) of all repair requests shall be acted upon within 24 hours; 90~ within 96 hours. All repair requests shall be resolved within 5 working days unless good and sufficient cause exists. Any service call not resolved within 5 working days shall be reported in writing to the CATV Committee by Grantee within two working days thereafter. 20.6 Telephone Waiting Time. During normal business hours, 90$ of all telephone calls shall be picked up on or before the fourth ring and no caller shall be allowed to wait for more than 10 rings. Waiting time shall not exceed an average of 30 seconds total for any caller and no caller shall be transferred except for specialized services. 73 ~k~~ ~ ~ 21 PRIVACY Grantee shall comply fully with the letter and spirit of Section 631 of the Cable Act with regard to the right of privacy of any Subscriber. If any device or signal associated with the Cable System interferes with the right of privacy of any third party, Grantee shall terminate any such interference Grantee shall not disclose the name of any Subscriber to any third party, except for Grantee's own marketing or research purposes . 21.1 Installation of Equipment Grantee shall not install its Cable Distribution System on private property without first securing written permission of the owner or tenant in possession of such property or the written permission of the holder of any easement for utility lines or similar purposes, and in accordance with law. Upon request, Grantee shall inform owners and tenants of the functions of all equipment installed on private property. 21.2 Monitoring. Neither Grantee nor any of its officers, employees or agents shall tap, monitor or arrange for the tapping or monitoring of any Drop, Outlet or receiver for any purpose whatsoever other than legitimate technical performance testing of the Cable System or the monitoring of Subscriber Cable Service or monitoring to prevent theft of service, without prior written consent of all affected parties. 74 ~ s `~~•~ 21.3 Subscriber Lists or Information. Grantee shall not sell, disclose, or otherwise make available, or permit the use of, lists of the names or addresses of its Subscribers, or any list or other information which identifies Subscribers or Subscriber viewing habits, to any person or entity for any purpose whatsoever without the consent of such Subscriber, all in accordance with and subject to the provisions of the Cable Act and applicable law. This provision shall not prevent Grantee from performing such acts as may be necessary for the purpose of service-related activities, including surveys. 21.4 Protection of Privacy Grantee shall not transmit any Audio, Video or Digital Signal, including polling channel selections, from any Subscriber's premises without first obtaining the written consent of that Subscriber. (This provision is not intended to prohibit the use of transmission signals useful only for the control or measurement of signal performance and programming, e.g., status monitoring or reception of premium programing, but such information shall not be used except for those basic purposes.) Grantee shall not permit the installation of any special terminal equipment in any Subscriber's premises which will permit transmission from Subscriber's premises of two-way services utilizing Audio, Video or Digital Signals without first obtaining written permission from the Subscriber. 22 PRIOR INCONSISTENT ORDINANCES 75 ~. ~,~~ ° `~ All ordinances or parts of ordinances inconsistent with or ontravening this Ordinance or any franchise granted hereunder are c hereby repealed. 23 NON-DISCRIMINATION ion, Grantee shall not discriminate on the basis of race, relig or sex or national origin in employment practices, contracting col , or provision of services. EFFECTIVE DATE: This ordinance shall be in full force and effect from and after its passage and publication. EXHIBITS: EXHIBIT As EXHIBIT B: Passed this Approved this Executed: LINE EXTENSIONS DOWNTOWN-ROANOKE DROPS FOR GOVERNMENT USE day of day of 1991 1991 76 ROANOKE COUNTY VIRGINIA By: ATTEST: 77 ~'~ ~`~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 23, 1991 ORDINANCE ENACTING THE ROANOKE-VALLEY CABLE TELEVISION ORDINANCE FOR ROANOKE COUNTY, VIRGINIA WHEREAS, Cox Cable Roanoke, Inc. currently holds a franchise granted by the Board of Supervisors of Roanoke County, Virginia, to operate a cable television system within portions of Roanoke County as part of a valley-wide cable television system; and WHEREAS, intense and lengthy negotiations have continued for a period of several months between Cox Cable Roanoke, Inc. and the County of Roanoke, the City of Roanoke and the Town of Vinton, Virginia, for the renewal of this franchise which was extended for a period of 120 days from the expiration of the current franchise agreement on December 31, 1990, by Ordinance # 121890-17, and Ordinance #22691- 5; and WHEREAS, these negotiations have produced agreement as to the terms of a new cable televison ordinace and franchise agreement which will provide substantial improvements in channel capacity, franchise fee, areas of cable service, public and governmental access, capital contributions and customer service for the citizens and agencies of Roanoke County and the other participating governments; and WHEREAS, Cox Cable Roanoke, Inc. is prohibited by federal law from operating a cable television system within any jurisdiction without a franchise agreement or extension as defined by federal '~~~-~' law; and WHEREAS, the first reading of this ordinance was held on April 16, 1991, and a public hearing and second reading of this ordinance was held on April 23, 1991. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the attached Roanoke-Valley Cable Television Ordinace be enacted as Title _ of the Roanoke County Code and the County Administrator is hereby authorized to execute any franchise agreement or other documents necessary to grant a non-exclusive franchise for operation of a cable television system in the County of Roanoke, Virginia to Cox Cable Roanoke, Inc. 2. That Ordinance No. 1178 "GRANTING A FRANCHISE FOR A CATV SYSTEM IN ROANOKE COUNTY" adopted January 28, 1975, is hereby repealed. 3. That this Ordinance shall be in full forcee and effect on and after the first day of May, 1991. O~ ROANp,Y~ A Z ~~~~~ J a 150 /~ /~ ~~ YEARS V(/ SFSQUICENTENN~P~ A Beautiful Beginning COUNTY ADMINISTRATOR ELMER C. HODGE April 26, 1991 The Honorable Howard E. Musser, Chairman Regional Cable Television Committee 215 Church Avenue, S. W. Roanoke, VA 24011 Dear Mr Musser; ALL~AMERICJI LITY '~II~' 1979 1989 BOARD OF SUPERVISORS STEVEN A. MCGRAW. CHAIRMAN GTAWEIA MAGISTERIAL. DISTRICT HARRY C. NICKENS. VICE-CHAIRMAN VINTON MAGISTERIAL DISTRICT LEE B. EDDY WINDSOR HILLS MAGISTERIAL DISTRICT 808 L JOHNSON HOLUNS MAGISTERW. DISTRICT RICHARD W. ROBERS GVE SPRING MAGISTERIAL DISTRICT Attached is a copy of Resolution No. 42391-15 enacting the Roanoke Valley Cable Television Ordinance for Roanoke County, Virginia. This resolution was adopted by the Board of Supervisors at their meeting on Tuesday, April 23, 1991. If you need further information, please do not hesitate to contact me. Sincerely, -rno-^.a, ~a _ cum., Mary H. Allen, Clerk Roanoke County Board of Supervisors bjh Attachment cc: Paul M. Mahoney, Roanoke County Attorney W. C. Dibling, Jr., Roanoke City Attorney Frank Selbe III, Vinton Town Attorney Mary F. Parker, Clerk, Roanoke City Council Carolyn Ross, Clerk, Town of Vinton P.O. BOX 29800 • ROANOKE. VIRGINIA 24018-0798 (703) 772-2004 C)~ ROANp~~ ~. .~ Z J "a 183'8 E5o 88 SFSQUICENTENN~P~ A Beautiful8eginning COUNTY ADMINISTRATOR ELMER C. HODGE Mr. David Dougherty 430 Willow Oak Drive Roanoke, VA 24014 Dear Mr. Dougherty: April 24, 1991 ALL~AMERICII CITY '~II~' 1979 1989 BOARD OF SUPERVISORS STEVEN A. MCGRAW. CHAIRMAN CATAWElA MAGISTERIAL DISTRICT HARRY C. NICKENS. VICE-CHAIRMAN VINTCNJ MAGISTERIAL DISTRICT LEE B. EDDY WINDSOR HILLS MAGISTERIAL DISTRICT BOB L. JOHNSON HOWNS MAGISTERIAL DISTRICT RICHARD W. ROBERS CAVE SPRING MAGISTERIAL DISTRICT At their regular meeting on Tuesday, April 23, 1991, the Roanoke County Board of Supervisors unanimously approved the request of North Cross School for a raffle permit. The raffle will be conducted on May 11, 1991. The fee has been paid and your receipt is enclosed. 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 and such permits issued will expire on December 31, 1991. This permit, however, is only valid on the date specified in your application. PLEASE READ YOUR APPLICATION CAREFULLY. YOU HATE AGREED TO COMPLY WITH STATE AND LOCAL REGULATIONS AND FAILURE TO COMPLY MAY RESULT IN CRIMINAL PENALTIES AND REVOKING OF YOUR PERMIT. YOU MUST FILE A FINANCIAL REPORT BYNOVEMBER 1 OF EACH CALENDAR YEAR. PLEASE SUBMIT A NEW APPLICATION AT LEAST 60 DAYS PRIOR TO DATE OR DATES YOUR ORGANIZATION PLANS TO HOLD BINGO OR RAFFLES. PERMITS EXPIRE ON DECEMBER 31 OF EACH CALENDAR YEAR. If I may be of further assistance, please do not hesitate to contact me at 772-2003. Sincerely, J`d' Mary H. Allen, Clerk Roanoke County Board of Supervisor bjh Enclosures cc: Commissioner of the Revenue Commonwealth Attorney County Treasurer C~nixn~~ of ~nttnvkr P.O. BOX 29800 • ROANOKE. VIRGINIA 24018-0798 • (703) 772-2004 O~ ROANp~~ ti ~ p 2 y~ J -' a /~ 150 Qo 1 V YEAPS 88 SF$QUICENTENN~P~ A Beautiful Beginning COUNTY ADMINISTRATOR ELMER C. HODGE April 25, 1991 Mr. Gardner Smith, Director General Services Department Roanoke County 1216 Kessler Mill Road Salem, VA 24153 Dear Mr. Smith: BOARD OF SUPERVISORS STEVEN A. MCGRAW. CHAIRMAN GTAWElA MAGISTERIAL DISTRICT HARRY C. NICKENS. VICE-CHAIRMAN VINTON MAGISTERUIL DISTRICT LEE B. EDDY WINDSOR HILLS MAGISTERIAL DISTRICT BOB L JOHNSON HOWNS MAGISTERIAL DISTRICT RICHARD W. ROBERS GVE SPRING MAGISTERIAL DISTRICT This is to advise that at their meeting held on Tuesday, April 23, 1991, the Board of Supervisors voted unanimously to appoint you as a member of the Roanoke Valley Regional Solid Waste Management Board for a four-year term beginning April 23, 1991, and ending April 23, 1995. _ State law provides that any person elected, re-elected, appointed, or re-appointed to any body be furnished a copy of the Freedom of Information Act; your copy is enclosed. We are also sending you a copy of the Conflicts of Interest Act. Both of these acts were amended by the Virginia General Assembly in July, 1989. On behalf of the Supervisors and the citizens of Roanoke County, please accept our sincere thanks and appreciation for your willingness to accept this appointment. Very truly yours, Mary H. Allen, Clerk Roanoke County Board of Supervisors bjh Enclosures cc: John H. Parrott, Chairman Jeffrey A. Cromer, Disposal Manager John Hubbard, Assistant County Administrator P.O. BOX 29800 • ROANOKE. VIRGINIA 24018-0798 • <703) 772-2004 All-AMERICA CITY 1979 1989 Z W ~ W (~ Z Z ~ ~> Q ~ w O Z Q W Z C3 Z J Q U Z W O W N w W w oc w OC U W J Q Z _O W N ~ 'I ~ U a Z O N Q U O oC a a w U U Q J _J ~- W _J Q D Z J J_ Z N F- W Q W W C~ Q U oC Q OC m J W Z W O Z O F Fa- F- ZZ W W N N CSI a a 4/8/91 Anne Marie: olicy now for Dr. Nickens asked me at last board meeting about the p nizin people who receive national aMarysAllencsaidostate recog g la er won All-American. College basketball p Y national level gets resolution and invited to board meeting o and receive. to Dr. Nickens this morning upon his return, and he wants Talked ust ended. to go ahead and do this since basketball season 7 ke College Roano All the information he gave me was: Karen ~ednkiShe made first team Basketball Team, graduated from William By 1-American for ODAC Conference. Roanoke College Coach is Susan Al Donagan. Brenda vernor or Premier of Province Proclamation Sample Go EREAS, professional secretariest ~ ~ pbovince) o f St- Jg WH economic climate throughout the (S ucation, and HEREAS, professional secretariedsuctivity in s_~ and W government ensure workforce pro rshi of these secretaries WHEREAS, the profess~he (St e/Prow nce) of enhances commerce in FORE, I, _~ (Governor/Premk of Atri121 27/ NOW' THERE do hereby proclaim the wee P Province) of ~ DAY® I urge all OFESSIONAL SECRETARIES WEES ®~ and W~n~ ay' • 1991, PR 1 Secretaries International®~ Apri124, as PROFESSION PTOfessiona ~ of citizens of _ to l°m `,vith ' inator and sponsor of these observances, in recognition ong secretaries everywhere. C 9 1. Request from the oofaie ake Hi11 Park as a po Symphony for use of Green A_-4~ BECOMr~~ATION RwR TO APPRO~ STAFF URC 2. to amend the Extra- Request from Roano ers Agreement with the City of territorial Arrest Pow Roanoke. A~ 3 CORREC~'~ONS HCN MOTION TO APPROVE NTH URC E, BEQUESTS FOR WOE SESSIONS NONE F, BEQUESTS FOR PUBLIC HEA~NGS NONE G. ' ance authorizing the lease of 10.40 acre a o Mahone. Orden estate to Frederick A. Mahone and Rebecca y FIRST READING OF ORDINANCES 1. HCN MOTION TO APPRO~ 1ST BEADING 2ND - 4/23191 URC 2. sewer easement and Ordinance vacating a sanitary a new sanitary sewer easements across Lot 6, acquiring 3 I,uwana Corporation Division. E MOTION TO APPRO~ 1ST BEADING LB 2ND - 4123191 URC non-exclusive Ordinance vacating a portion of an existing 3' uirin anew water line and access easement and acq g of Holiday Retirement easement across property Associates Limited Partnership. MOTION TO APPROVE 1ST READ~G RWR 2ND - 4123191 URC ending Chapter 7, Buildin Re ula d ns of 4, Ordinance am Code by the Amendment an the Roanoke County Buildin or Demolitions• Reenactment of Secti Sections 7-72, Elec=. ~ 73' and by the repeal of 'cal• and 7-74, Plumbin • and the re enf r aenew 1Viechan~ ~. roved a new Section 7-72, Trade Permits to p ermits. procedure to calculate fees for certain p CN MO'T'ION TO APPROVE 1ST RFAD~G AND PUBLIC Y.[FARING ' 4~~,3/91 URC H. R-4991-4 SECOND READING OF ORD~NCES 1. Chapter 21, Tax_ a~ i °f the Ordinance amending County Code by the addition of Section 21-5, Roanoke fissions Tax Section 21-6 Collection of Pe alt es Adm -~ Records _Section 21-7 Enforcement Taxes; Violations. 4 PUBLIC NOTICE of Roanoke of Supe~isors that the Board Please be advised ril 23, 1991, at the Roanoke on Ap Virginia, at its meeting Avenue, Roanoke, County- 3738 Brambleton Center, will hold County Administration inning at 7'00 P•m' Virginia, at the evening session beg a public hearing on the following: OKE-VALLEY CABLE TELEVISION ENACTO~oKE COUNTY, VIRGINIA ORDINANCE FOR R ORDINAN set forth the public interested in the matter All members of and place aforesaid. at the time above may appear and be heard, ~,,,},'r~`''~ Paul M. Mahoney County Attorney Virginia Roanoke County, owing dates in the morning edition: publish on the foil April 9, 1991 April 16, 1991 Send invoice to: Board of Supe~isors P' O. BoXVA 24018-0798 Roanoke- ATTENTION: MRS• MARY ALLEN n ~~~ )U:S~~"^ Z O H J W F- a w U U Q J J 2 Q Z Q Q> Y J W Q 2 U_ LL W UI c= 1 W 1~ ~ Q Z W a O Z V ~ NN o 4 Q O O U W~ N =- ~ Z y 1 O~ J ~ Z ~ =0 ~ a~ ~ a~ ~ o w •~ ~ w ° -~ - LL N ~ W~ O r Wp Z .~ D. z W > N ~O pC J V Q O a o a V J Q ~ a rZ PUBLIC NOTICE Please be advised that the Board of Supervisors of Roanoke County, Virginia, at its meeting on April 23, 1991, at the Roanoke County Administration Center, 3738 Brambleton Avenue, Roanoke, Virginia, at the evening session beginning at 7:00 p.m. will hold a public hearing on the following: ORDINANCE AMENDING CHAPTER 7, BUILDING REGULATIONS, OF THE ROANOKE COUNTY CODE BY THE AMENDMENT AND REENACTMENT OF SECTION 7-71, BUILDING OR DEMOLITIONS, AND BY THE REPEAL OF SECTIONS 7-72, ELECTRICAL; 7-73, MECHANICAL; AND 7-74, PLUMBING AND THE REENACTMENT OF A NEW SECTION 7-72, TRADE PERMITS, TO PROVIDE FOR A NEW PROCEDURE TO CALCULATE FEES FOR CERTAIN PERMITS All members of the public interested in the matter set forth above may appear and be heard at the time and place aforesaid. z ~~ ' " Paul M. Mahoney County Attorney Roanoke County, Virginia Publish on the following dates in the morning edition: April 9, 1991 April 16, 1991 Send invoice to: Board of Supervisors P. O. Box 29800 Roanoke, VA 24018-0798 ATTENTION: MRS. MARY ALLEN r--~: j ,_ A /~ ~~~ r~_^y--,i S" C1in~. LEGAL NOTICE ROANORE COIINTY BOARD OF SIIPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, April 23, 1991, in the Community Room of the Roanoke County Administration Center, 3738 Brambleton Avenue, Roanoke, VA, on the petition of Robert E. Glenn to amend proffered conditions on approximately 6.1 acres, to remove the condition requiring brick and wood siding, located east of Route 706 approximately .1 mile south of intersection with Electric Road, Cave Spring Magisterial District. A copy of this application is available for inspection in the Department of Planning and Zoning, 3738 Brambleton Avenue, Roanoke, VA. Dated: April 4, 1991 ~~ ~ L` Mary H. Allen, Clerk Please publish in the evening edition of the Roanoke Times & World-News Tuesday, April 9, 1991 Tuesday, April 16, 1991 Direct the bill for publication to: Holiday Retirement Associates c/o Robert E. Glenn 200 First Campbell Square Roanoke, VA 24011 (703) 344-3000 SEND AFFIDAVIT OF PIIBLICATION TO: ROANORE COIINTY PLANNING DEPARTMENT P.O. BOX 29800, ROANORE, VA 24018 I. APPOINTMENTS 1. Parks and Recreation Advisory Commission 2. Transportation and Safety Commission 3. Roanoke Valley Regional Solid Waste Management Board SAM ASKED FOR RECOMII~NDATIONS TO BE BROUGHT TO BOARD ON 4/23 PMM TO REVISE RESIDENCY POLICY SO THAT BS~G ~CK 4/23/91 APPOINTED REGARDLESS OF RESIDENCY AND 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 FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. 5 COMMITTEE VACANCIES IN 1991 JprTIIARY FEBRIIARY MARCH APRIL MAY REGIONAL AIRPORT COMMISSION Three year term of Richard W. Robers will expire 02/10/91. LEAGIIE OF OLDER AMERICANS-ADVISORY COQrTCIL ear term of Frances R. Holsinger will expire 03/31/91. One y LEAGIIE OF OLDER AMERICANS-BOARD OF DIRECTORS One year term of Murry K• White will expire 03/31/91. TRANSPORTATION AND SAFETY COMMISSION Police; Fred Four year terms of Lt. Art LaPrade for the County artment of C. Altizer, Jr., for the Virginia Dep Transportation; H. Rodney Smith for the Senior Citizens, and Harry C. Nickens, Board Liaison, will expire 04/01/91. JIINE BOARD OF ZONING APPEALS Five year term of Eldon L. expire 06/30/91. CLEAN VALLEY COpNCIL Two year terms Advisory Member, Karr, Windsor Hills District, will of Vince Reynolds and Richard W. Robers, will expire 06/30/91. FIFTH PLANNING DISTRICT COMMISSION Three year term of Charles Steve Garrett will expire 06/30/91. 1 pp~Rgg & RECREATION ADVISORY COMMISSION Three year terms of Kenneth D. Bowe ant aHollins1Di.strict; Paul Willis, Catawba District; James Bry Vinton D. Bailey, Windsor Hills District; and Roger L. Falls, District; will expire 06/30/91. _____ ,,..inn APPOIN'T'ED BY SCHOOL BOARD SELECTION COMMITTEE and ear terms of Frank E. Thomas, Catawba District, Four y Vinton District, will expire 06/30/91. Barbara Chewning, VIRGINIA WESTERN COMMIINITY COLLEGE BOARD Four year terms of Stephen A. Musselwhite and Jean Glontz will expire 06/30/91. JIILY Four year term of John Hubbard, will expire 07/31/91• AIIGIIST COMMIII`1ITY CORRECTIONS RESOIIRCES BOARD One year terms of Bernard g9irston and Edmund J. Kielty, Alternate, will expire 08/31/ SEPTEMBER GRIEVANCE PANEL Two year term of Kim Owens will expire 09/27/91• IZiDIISTRIAL DEVELOPMENT AIITHORITY Four year terms of Charles R• expire 09/26/91. OCTOBER GRIEVANCE PANEL Two year term of Cecil Hill, Alternate, 10/12/91- Saul and Bill Triplett will will expire 2 NO~ER gEALTH DEPARTMENT BOARD OF DIRECTORS Two year term of Anne Renner will expire 11/26/91- DECEMBER ROANORE COIINTY RESOIIRCE AIITgORITY . Four year terms of Steven A. McGraw and Richard W. Robers will expire 12/31/91- COIIRT-COMMIINITY CORRECTIONS POLICY BOARD ear terms of Harry C. Nickens and Betty Pullen will Three y expire 12/31/91. LIBRARY BOARD Four year terms of Jane Bryant, Catawba District, and Dr. Paul M. Zeis, Windsor Hills District, will expire 12/31/91. COMMQNITY SERVICES BOARD Three year terms of Rita J. Gliniecki, and Dr. Joseph Duetsch, Member at Large, will expire 12/31/91. ROANORE PLANNING COMMISSION Hollins Distrci Sind Four year terms of Ronald District will expire 12/ / Donald R. Witt, Cave Spring 3 1990 UNFILLED COMMITTEE APPOINTMENTS BOARD OF ZONING APPEALS ear term of M. E. Maxey, Chairman, Vinton District, Five y expired 06/30/90. Four year term of Wilmore T. Leffell expired 12/12/90• ROANORE PLANNING COMMISSION ear term of A. Kyle Robinson, Vinton District, expired Four y 12/31/90. APPOINTMENTS VACANCIES TO BE FILLED FOR 1991 TERM EgPIRES DISTRICT ROp,NORE COIINTY RESOIIRCE AIITgORITY Catawba 4 yrs 12/31/91 Steven A. McGraw 4 yrs 12/31/91 Cave Spring Richard W. Robers BOARD OF ZONING APPEALS 06 30/91 Eldon L. Karr Windsor Hills 5 yrs / Vinton 5 yrs 06/30/90 M. E. Maxey, Chairman BIIILDING CODE BOARD OF ADJIISTMENTS AND APPEALS 12/12/90 4 yrs Wilmore T. Leffell CLEAN VALLEY COIINCIL 2 yrs 06/30/91 Vince Reynolds 2 yrs 06/30/91 Richard W. Robers, Advisory COMMIINITY CORRECTIONS RESOIIRCES BOARD 1 yr 08/13/91 Bernard Hairston 1 yr 08/13/91 Edmund J. Kielty, Alternate UNIT ADVISORY COIINCIL YOIITH AND FAMILY SERVICE COIIRT SERVICE ADVISORY BOARD INACTIVE IINTIL FIIRTHER NOTICE Windsor Hills 2 yrs 03/22/91 James K. Sanders 03/22/90 Gerald Curtiss Catawba Catawba 2 yrs 2 yrs 03/22/90 Roger Smith Hollins 2 yrs 03/22/90 03/22/90 Gary J. Minter Windsor Hills 2 yrs Sherry Robison 01/26/89 Hoyt C. Rath t Vinton Cave Spring 2 yrs 2 yrs 03/22/89 03/22/89 James L. Trou Cave Spring 2 yrs Ted R. Powell 03/22/88 Dr. J. Andrew Archer Vinton 2 yrs Cave Spring 1 yr Youth Members William Byrd 1 yr 1 PARRS & RECREATION p,DVISORY COMMISSION Catawba 3 yrs 06/30/91 06/30/91 Kenneth D. Bowen e Willis Catawba 3 3 yrs yrs 06/30/91 Yvonn James Bryant Hollins Windsor Hills 3 yrs 06 30/91 06/30/91 Paul D. Bailey Vinton 3 yrs Roger L. Falls ROANORE PLANNING COMMISSION 12/31/91 Hollins 4 yrs Ronald L. Massey Cave Spring 4 yrs 12/31/91 Donald R. Witt 12/31/90 Vinton 4 yrs p,. Kyle Robinson REGIONAL AIRPORT COMMISSION 02/10/91 3 yrs Richard W. Robers COMMITTEE 06/30/91 Catawba 4 yrs Frank E. Thomas Vinton 4 yrs 06/30/91 Barbara Chewning KVtf1~Va~a+ ---- 4 yrs 07/31/91 John Hubbard TRANSPORTATION AND SAFETY COMMISSION 4 yrs 04/01/91 Lt. Art LaPrade, County Police VDOT, Cave Spring Jr 4 yrs 04/01/91 04/01/91 Fred C. Altizer, Rodney Smith, ., Sen.Citizen, Windsor Hills 4 yrs 04/01/91 H. Harry C. Nickens, Board Liaison Vinton VIRGINIA WESTERN COMMpNITY COLLEGE BOARD 4 yrs 06/30/91 Stephen A. Musselwhite 4 yrs 06/30/91 Jean Glontz 3 Glenvar High 1 yr Northside High 1 yr COURT-COMMUNI'T'Y CORRECTIONS POLICY BOARD 3 yrs Harry C. Nickens 3 yrs Betty Pullen FIFTH PLANNING DISTRICT COMMISSION 3 yrs Charles Steve Garrett GRIEVANCE PANEL 2 yrs Kim Owens 3 yrs Cecil Hill, Alternate HEALTH DEPARTMENT BOARD OF DIRECTORS 2 yrs Anne Renner INDUSTRIAL DEVELOPMEN'T' AUTHORITY 4 yrs Charles R. Saul 4 yrs Bill Triplett LEAGUE OF OLDER AMERICANS-ADVISORY COUNCIL 1 yr Frances R. Holsinger 12/31/91 12/31/91 06/30/91 09/27/91 10/12/91 11/26/91 pg/26/91 09/26/91 03/31/91 03/31/91 Murry K. White LIBRARY BOARD Jane Bryant Dr. Paul M. Zeis COMMUNITY SERVICES BO Rita J. Gliniecki Dr. Joseph Duetsch, Member at Large Catawba 4 yrs Windsor Hills 4 yrs 3 yrs 3 yrs 12/31/91 12/31/91 12/31/91 12/31/91 2 -q 1 Date Rec.: ' Received By: • ~6\ 16 92 ~j?~ case No.:________ ~h ~ ~ ~ Ord. No.: ~ .~.~ M ~~ COIINTY REZONING APPLI ON R~C~~~ ~ ~ ~~~(P5O RoANO~. o ~~~~ ~ ~ 1 2 ~ I g l ~ ~ f nd Incphone.301-365-6732 1~ Owner's Name: Stewart In-Fra-Red Co ~ ~~ Address: 3215 English Consul Avenue Baltimore Mar land 24230 arter o fey Inc phone: 703 563-4291 2. Applicant's Name: Action Contractin Co. , Roanoke, VA 24019 Address: 7537 Milk-A-Way Drive, NE, of Property: •2 miles north at intersection of Milk-Ro d (Routen115)antation 3. Location Tax Map Number (s) : 27.07-2-3 . 4. Magisterial District: Hollins District 5. Size of Property' 1 ~ 465 Acres 6. Existing Zoning: M-1 Existing band Use: Distribution Center and Stora e osed Zoning: M-2 7. Prop osed Land Use: General Hi hwa Construction - Office Sho and Machine storage Prop 8. Comprehensive Plan Designation: Princi le Industrial' No x est? Yes 9. Are Conditions Proffered With This Requ of your applica- offering proffers as a P~'t ~If you are voluntarily A member of the Planning tion, these proffers must be en w stiongof these proffers.) staff can assist you ~ the ~ Pte' Land and (Proposed) Buildings: One hundred ten thousand ($110,000) 10. Value of Items Must Be Submitted With This Application. Please lication Will Not Be Accepted If Any Of These 11. The Following Check If Enclosed.O=Pi complete: Items Are Kissing Concept Plan X Letter of Application -~-"' List of Adjacent Owners ""~- Metes and Bounds Description -~--- Vicinity Map of Property (Attach Exhibit A) ~ Written Proffers X Application Fee (If Applicable) X Water and Sewer Application 12. Signature Of Property Owner- Contract Purchaser, Or Owner's Agent: A~sENT Date 3~20~91 Signature March 20, 1991 LETTER OF APPLICATION to have the property located at No 3~2~ 107_2_3 } y This request is Virginia 24029 (Tax Map Drive, N.E., Roanoke, to M2 (maintenance rezoned from M1 ( 1 igh a mui ~e t j re and storage ) and storage of heavy q p ert had been used as a storage area and distribution office for general Thys prop I want to use the property as an center. stop for maintenance and storage of highway construction and a heavy equipment. if you have any questio~+ Please call me at 563-~~1• Sincez~elY + ,eZ~ Carter M. Coffey presi,deRt .._.._... ~c..._r----"__..........~. ~......._ .. ._ ROp-~iO1CE CpONTY OTILITY DEPARTMBNT APPLICATION FOR WATER OR SEWER SERVICE TO PROPOSED DEVELOPMENT Date March 13 1991 Carter M. Coffey 703 563-4291 pane of Applicant Action Contracting Co. , Inc. _ Phone ( ) Roanoke, VA 24019 Address of Applicant7537 Milk-A-Way Drive, NE, Phone game of Developer Address of Developer sneer Phone game of Design Eng Address of Design Engineer pame of Contact Person Carter M. Coffe game of Proposed Development T e of Development and proposed number of units tBe specific) ~ nce and To be rezoned from M-1 to M-2 for the storage of heavy equipment for general h sewer is hooked up to property and building. construction projects. Water and Location of proposed development tFurnish copy of map) .2 miles north at interse - - went in acres: 1.465 Acres Size of proposed develop minimum and maximum elevation tUse v tionslwould be~loca Bch Give the individual water/sewer service MaximumN/A _ feet MSL Minimum N/A feet MSL. art or Is this application for a development that will be a p Yes section of a,larger oftentirevareamiftavailable.o If yes, provide map Action Contracting Co., Inc. by Car r M. Coffey P siden (pNER) ~ . ose of Office, Maintena , ,~ f 1~ , . :,, • , , 2 - _ ~~ -, ~ ~ ~..~ ."'YpY ti ~ ~: ~' ''`~, ~.~j I '02200 -.i,. _. 1 Z ~ ~` Q~~ ~~~. .... a ., .. 1 ` Q~~ N ~ ` ~ a z. ~ ~ ~ J ~ W . i (1' y ~~ _ t ~-----_- - Q ~ 3 i , = c~ ~~ ~a~ . ~~-. i + .. ,- . W ! z ~ A9 ~ '~, \ I - , ' 1 ~ '~ -. ~ . ~, \ Q ~ y, ,` ~, „ ~ . r ~ \ ~ ~ r ,- ~-•~ ~ r .* .f ~ ~ l~r` W ,~' . .~ m. ~ - F- ,~, _ ~- - ~~. S ~ -. ~___ / ~ _ d 'o• ~ -fad ~~ ~ 1 ~ - o ~ ~; ' \ 2% mob. ~ ~ w ~ ~ ~~ . r ~. ..` ,~ *~' \ .~. ' O ~~ ~ ~ ~ ~ -, -'~ ~ ~~ i ~~- - ~ ,- N ~~0 o ~ ~ -- ,,- o .., - - -- --- - - r _ ~ - ~ ~ -- o ~~ ~ ~ o ~-- s ~ ~q9 ~ i t ~ ~ ~~ ~ . ~~ ,at t ,, , a -~~ _ . ~ ~_ ~ ~- ~~ --, i \ ~ ~ ~ ~ - ~ ~~ ~~~ _ ~ ~ . - ~~ ~ = ' _ ~ . ;` ~ o ~- . ~~ - . ~ ~ _~ , .~ f _ .~ rQpO'1~.~ ... ~ NN ` `' 1~ - t"~ ~3 ,,J' o ~ 3t. .~I. ~ ~- -,Q - 1,IlAY 7~ti vE 'C-~ 7 ROES ~~C~~~ r~ MAP PLAT --', „ " PREPARED FOR ,4crloN CONSTRUCTION CONfPAIVY, INC. SHOWING TfIE SURVEY OF (T9 CANO SITUATE /N TKE NOCC/N3 MAG/STERIAt 0/STRICT ROANOKE Co. ~ V/RGIQATE: fEBRUARY T, '199 SCACE : I"- SO' gy: RAYMOND E. R08ERTSON ' N ' ~ESc ; pr; o,v ~u~lDiN~ R ., ~'o~c'EPT ~~~~ ~ OFFi~CE AND ~A;NT• S/~dP ~~~ cry ~~ - -~yER •.llF~<cP H~ .'YD ~9p ~ ~~ ~ ug~.t ~~ < F,~, ~~ ,y. .... .....a ~a. ~tn ... V R[ G pT ?Q nai~1 ~ T~ k~ 9 ~~ BJRI~ ~ ~~ Y ~y ME GMT$ ~ Rs P 7 ~D . ;~ tis ,pit ~ ioY '~1' ~~ ~i~~ f1 ~J a ~ o -;~~po 8. /~.. ~~ r ~'` ~ +i O ~1fN0 ~`~ ,,,'~'`~,, ~~~ ~ VICINITY MAP ~_~ Vv • w AND DgVgLOPMBN'r ,a ROANOKE COUNTY REZONING APPLICATION 4 1 Date Rec.: 3 ~ a Received By: Case No.: rd. No. ~~ ~ ,z~~ ~~~ Phone: 774-1197 1, Owner's Name: A 24018 Address: Phone : 774-1197 2, Applicant's Name: Roanoke, VA 24018 Address: 1919 Electric Road ~ of Property: 1.13 acres located on ttens~on wester) side of Rt. 419. 3. Location north of Grandin oa Tax Map Number(s) : 67.18-1-1 4, Magisterial District: Windsor 5. Size of Property: 1.13 acres 6. Existing Zoning: R-1 Existing Land Use: Office Bui Idi 7 . Proposed Zoning: B-1 with conditions proposed Land Use: Construct addition to office buildi Transition g. Comprehensive Plan Designation: No__ 9. Are Conditions Proffered With This Request? Yes X t of your applica- (If you are voluntarily offering proffers as a par these roffers must be in writing. A member of the Planning tion, p ou in the preparation of these proffers.) Staff can assist y Pro osed) Buildings: 10. Value of Land and ( P lication. Please Items Mulication Wi1leNot1Be Accepted If Any Of These 11. The Following Check If Enclosed.O~PI complete Items Are Missing lication X Concept Plan _~_ Letter of App X List of Adjacent Owners ~_ Metes and Bounds Description - Vicinity Map of Property (Attach Exhibit A) --Written Proffers ~_ Application Fee -'-" (If Applicable) _~_ Water and Sewer Application nature Of Property Owner, Contract Purchaser, 12. Sig , Or Owner's Agent. Q Date 3 ~ Z 2 I ~- ~ -- Si nature g LAW OFFICES OSTERHOl1DT, FERGl1SON, NATT, AHERON F~ AGEE A PROFESSIONAL CORPORATION CHARLES H. OSTERHOUDT MICHAEL 5. FEROUSON EDWARD A. NATT MICHAEL J. AHERON G. STEVEN AGEE MARK D. KIDD 1919 ELECTRIC ROAD. 5. W. p p gOX20068 ROANOKE, VIRGINIA 24018 March 7, 1991 TELEPHONE Boa-»~-I 107 FAX NO. 703-17,-096 i Board of Supervisors of Roanoke County p, O. Box 29800 Roanoke, VA 24018 Gentlemen: Gofland Limited Partnership, a Virginia Limited Partnership, requests that its property located at 1919 Electric respectfully roffers. Roanoke, Virginia, be rezoned from R-1 to B-1 with an office Road, resently located on said property As you know, there is p son, Natt, Aheron building housing the law firm of Osterhoudt, Fergu ansion & Agee, and the dental office of Dr• Rin order dtonaccommodate the of said office building is necessary requested that law f irm' s growth. Therefor the goarde ofe Supervisors of Roanoke this rezoning be approved by County. With best personal regards, I am, Very truly yours, OSTERHOUDT, FERGUSON, NATT, AHERON & AGEE, P.C. ~n~-- Edward A. Natt EAN/sai VIRGINIA: RE THE BOARD OF COUNTY SUPERVISORS OF ROANOKE COUNTY BEFO IN RE: ) ) PROFFER OF REZONING OF 1.13~IAVCRE~RLyESIDE OF) ) CONDITIONS SITUATE ON SOU ROUTE 419 NOR'THMO~ #6R gDij ROAD j EXTENSION (TAX TO THE SUPERVISORS OF ROANOKE COtiN'TY: Bein in accord with Sec. 15.1-491.1 et se . of the Code of Virginia and Sec. 21- g the Roanoke County Zoning Ordinance, the Petitioner, Gofland Limited, hereby 105 of ril roffers to the Board of Supervisors of Roanoke County, Virginia, the volunta y p following condition to the rezoning of the above-referenced parcel of land: with the (1) That the property will be developed in substantial conformity nce t lan prepared by Martin and Associates, Architects, dated Z ~ z c~ q ~ co p P Respectfully submitted, GOFLAND LIMITED BY ~ ~ ,0 ~1 ~ 4~ - Edward A. Natt, Esquire OSTERHOUDT, FERGUSON, NATT, AHERON & AGEE, P.C. 1919 Electric Road Roanoke, VA 24018 pmffer.nl.i i ROA1fi0IlCE COONTY OTILITY DEPARTMBNT APPLICATION FOR WATER OR SEWER SERVICE TO PROPOSED DEVELOPMENT Date 3113191 Phone 774-1197 game of Applicant fland Limited Address Of Applicant 1919 Electric Road SW, Roanoke, VA 24018 Phone 774-1197 Name of Developer Gof I and Limited d SW oanoke VA 2"^'R Address of Developer 1919 Electric oa .._ ~ : ~ c Accnr i atAS Phone 4R9-9700 Name of Design Engineer ,viarii~~ ~ - -- rz ~nn~u Roanoke VA X4018 Address of Design Engineer P O Name of Contact Person Edward A. Na t Name of Proposed Development Ex ansion to 1919 Electric Road, SW, Roanoke, VA Type of Development and proposed number of units (Be specific) nsion of existing offi water or sewer service. Location of proposed development (Furnish copy of map) I Rt. 419 ad'acent to Oak Grove EI n a Acres Size of proposed development in acres: 1. i 3 Give minimum and maximum elevatice connectionslwould bed locatedsh the individual water/sewer sere Maximum feet MSL Minimum feet MSL. - Is this application for a development that willNboe a parYe3r section of a larger future development? If yes, provide map of entire area if available. (OVER) ~~~ ~ ~ ~ Signature of App11CanL 1 py~ MiY~ ~/ 716777 gpp~MK • wr~11 ~M1' Ma yy r~q W..M IOM l I~ _r..w~~f1 ~ ~ KOK A O~ r • ~r ~ ~~n ~j1rM ~ -_ r -y/u~~/ a ~r~o ~ ~ ~ ER l ~ ~~Q~ W MOUIJO~I 1~1~ ~IYMl~1 ~ V. ~ ~ ,^ - ~ c .r --~ ~ a ~~-- - ~~~{ ~ r-~ ~# ~~ / ~, / ~~ (! ~' 1 ~ i I Q ~S ~ :~ s- ~ f~~~~~,~~i.z~:. ~ ~~ ~~~~~i~ :~ ~~ ~~ ~ Z~ <N J . a~ w~ ~ Si N .S.'~:. :C0. a.. ~ ~'~• ' NI py~ r ~ ~~.. ~ , M NILI , ~ U ~v ~ (IYr~ 0[' l __ SL WSIO~< < "~i•. ~~ 1 d. :m I t ~ ~~ ORTB ~,,.. ~ N •~°° '"` VICINl1'Y MAP .~ • CA / e ~ • B~ B, c. B1C T aRlr R1 w yf Y R1 t .,, A. ,...~. >~«» • silos ~ R1 ~. ~ COMMUN ~~ ~~~ ,~Nn nBVB NOTE ALL PARCELS ON THIS MAP ARE ZONED_I UNLESS OTHERWISE INDICATED. ~~ ~4 \ C/~ ?-`-, -r- ,~ ~~ ~~ /• / 331 /~ ~s or ..,. tw...uer ~s..r ~ ~ ~ ~' / hMY Jrl/ Is+~ ,~~, \ ` •i ~/ Arlr Cr~4 / BZ 'C i II.pM ~ ~'BZ ~ i A ~ ~ r1 ~~~,-~ ' • r ~ ' R_1 ~~o E- i F THE SHERIFF ~~-~ ~~~ ~ ~~ '~ ~ - . `~ OFFICE O .,~,~, ~.~ . ~..~ -~= ~.~.°-~' MICHAEL F. KAVANAUGH, Sheriff County of Roanoke, Virginia ~ ~ti0/t7 v ~ ~ 430 E. Clay Street ~+;:t P.O. Box x124153 Salem, Virgini 387-6139 In Reply Refer To File Number: n ~ ~ ~ April 5, 1991 ~ N~ Mr. Elmer C. Hodge, County of Roanoke p, O. Box 29800 Roanoke, VA 24018 ~,,~A4~R County Administrator Dear-~ls~~-' Post Gradu~otlbe Committee for the Post Prom/ oing The Roanoke Valley e is pleased that we are eon General Alcohol-Free Party Challeng b the Surg Dr. Novellraduation able to host a vi~eS Drt pntoniakC. Naovell°_ rom after-g of the United Sta , participating in our kick off of the afApril. season. Her visit is scheduled for 29- ate in an assembly ends is for her to particip The present ag at 9;00 a.m. on the morning of at Cave Spring High School starting hen moving to the Salem Civic Center for a socia the 29th; and t reception and an awards luncheon. Novello resolutions We would 1 ike to be able to present to Dr . of the area legislative bodies and that we owould voted by each h draft of the r oulcould~ present this to Enclosed is the roug considering. If Y we would appreciate your body resentation form, the 22, April. If this schedule your board anCeiving lit back by in p or appreciate re lease let us know. creates a problem p ou would join us on the 29th We would be honored if Y inia and to the Roanoke eon General to Virg us bring to the public's welcoming 'one Surg Valley. You're participation would help rovide an alcohol-free the emphasis needed tO p the prom and graduation attention, oung people during environment for our y season. ring High School in the assembly at Cave 5p We are planning The portion of the assembly to begin at 9:00 a.m•• linked to a satellite for Roanoke County will be up- from 9:30 until 10:00 a.m. stems ' n throughout the Commonwealths for call schooltsy t er redistributio It will be availab areas of the country. art. We will then move to the tion at 11:00. This will and media to use in-whole so i precep ters, their faculty Salem Civic Center of our local SADD chap h schools allow for members arent task forces at local hig members of the p advisors , Corrections Division 387~'i069 Civil Division 387-6137 430 E. Clay Street Salem, VA 24153 401 E. Main Street Salem, VA 24153 page 2 _ pr, Novello and local u the parties, eon General. The awards luncafterwthe who have beenme ~ the eSurg in setting a availability officials to We are planning a meth begin at 12:15. luncheon. for this If you are able to join us here in tm keoallkof the necessary event, please let us know t the wevent that you are not able to ements. In our staff representing you. schedule arrang reciate someone on y attend we would app roud of what has been done to of the hCommonwealthland We are p and would like to share it with the res the Nation. Sincerely yours, _ /~ "~ i, . ~~~ Michael F. Kavanaugh, Sherif f /jkp ,e.~~ S~ P P'~~ ~ rig ALCOHOL FREE PARTY CHALLENGE RESOLUTION citizens and students are loved and Whe__r_eas our young and; respected by each of us in this community oun citizens and students are the future of our Whe_ r_ S our y 9 society and of this community and; 'et and our community have an obligation and Whe_~S our soci Y our young 'bility to love, nurture, enable and care for response citizens and students and; n citizens and students are threatened each Whe~ S our You g s and illegal alcohol day by sale, use and abuse of illegal drug and; al and one of the Whereas alcohol use under age 21 is illeg --- s among Young people and; '~1 most widely used illegal drug __~~_~....:.~ one of the leading causes fo death among young adults and; students consume over 430 million gallons of Whew as American ch ear and, in so doing, risk the loss of alcoholic beverages ea Y selves, for their friends and families and for V their lives for them and; their society and our community se and abuse of illegal alcohol increases at prom Whew as the u time and after school graduation and; and •n the past eleven (11) years, our families Whe_~as 1 of our finest 38 unities have lost at least thirty eight comet ause of alcohol related traffic fatalities an ; young citizens bec Whereas the toll in lost lives and other results of alcohol education, understanding, commitment, love abuse can be reduced by and leadership and; Whereas many loving parents and educators in our community and in other oc mmunities across our country devote countless hours, xtreme energy, great commitment and untold financial resources to e raduation alcohol free and drug free parties after prom and after g and; onsored onse our community has sp Whereas as a part of our resp ohol free post prom parties which have succeeded in reducing the alc death toll for the past five (5) years and; ereas these efforts save the lives of our citizens and Wh udents but still the death toll and loss to each of us continues st and; ereas U.S. Surgeon General Antonia C. Novello has devoted Wh support and responsibility countless efforts to increase community to save our precious youth from drug and alcohol abuse and danger d has encouraged our youth to live by the slogan "Be Smart, Stay an Smart, Don't Start". overnment] and NOW, THEREFORE, BE IT RESOLVED that [name of g Novello its citizens commend and thank Surgeon General Antonia C er effort, her leadership and her presence in our community in for h support of our efforts and; BE IT FURTHER RESOLVED that the many parents and educators olved in these efforts locally and elsewhere are owed a deep inv debt of gratitude for the lives they touch and the lives an families they save and; BE IT FURTHER RESOLVED that out young citizens and students should BE SMART, STAY SMART and DON'T START and; BE IT FURTHER RESOLVED that during this prom party and graduation season that we support and encourage the safety and health of our young citizens and students through the ALCOHOL FREE PARTY CHALLENGE. Sample Mayoral Proclamation NOTE: In multi-chapter cities, coordinate contact of the Mayor's office to avoid the confusion of duplicate requests. WHEREAS, professional secretaries are committed to upholding the highest ethical standards; WHEREAS, professional secretaries contribute greatly to office excellence; WHEREAS, professional secretaries are valued members of businesses throughout our community; and WHEREAS, the week of April 21-27 has been designated Professional Secretaries Week®, by Professional Secretaries International®, its founder and sponsor; NOW, THEREFORE, I, ,Mayor of the City of , do hereby proclaim the week of April 21-27, PROFESSIONAL SECRETARIES WEEK® and ask that management everywhere join in recognizing these outstanding professionals in their employ especially on Wednesday, April 24, PROFESSIONAL SECRETARIES DAY®. 7 IG~o ~ ~~~a.~ { Ca UU ~ ~-~y~ ~D l~u 3a~o ~~s-~,.t ~~ ~~,,~ -~ j~ ~./i re~C~ ~~Cls-c.~c.~-o O-h(~ 6.~.e~a.~ By virtue of the authority vested by the Constitution iiZ the Governor o f the Commonwealth o f Virginia, there is hereby officially recognized: NATIONAL NURSING HOME WEEK WHEREAS, responding to a growing need for quality long-term health care in the Commonwealth, Virginia's licensed nursing homes and homes for adults are dedicated to providing quality care and assistance to older Virginians; and WHEREAS, Virginia's elderly, in need of medical and emotional assistance, depend upon the owners and management of nursing homes and homes for adults, as well as the day-to-day care providers, to be dedicated to the residents' and to meeting their needs; and WHEREAS, the employees of nursing homes and homes for adults are com.**.iitted to the highest degree of professionalism in their work for the residents of these homes; NOW, THEREFORE , I , rS,r~~~~..PnC a_ ~~~ x hereby recognize the week of Ma , ~ ~' ~o WEEK in Virginia and call its sygnificancestoAtheNattention of0~ all our citizens. 1VlA Y !a. - ~ g ~~z~n