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12/15/1992 - Regular
o~ RoaN ~.~ i ~ ~ ~ 2 a ROANOKE COUNTY BOARD OF SUPERVISORS ACTION AGENDA DECEMBER 15, 1992 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. ALL PRESENT AT 3:03 P.M. 2. Irnocation: John Chambliss Assistant County Administrator 3. Pledge of Allegiance to the United States Flag. B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS LBE ADDED EXECUTIVE SESSION ITEMS CONCERNING (11 FINANCING FOR AN ECONOMIC DEVELOPMENT PROTECT AND (21 THE PROPOSED CONSENT DECREE WITH EPA REGARDING THE DIIGE CAVERNS IANDFILL. LBE ADDED ITEM K-13 APPROVAL OF RAFFLE PERMIT FOR i ® Regded Paper ROANOKE COUNTY SCHOOL FOOD SERVICES C. PROCIAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Resolution of Congratulations to Mr. & Mrs. Thomas Elmore for Receiving the Distinguished Service Award from the Roanoke Regional Chamber of Commerce. (Skip Burkart, Commonwealth's Attorney) R 121592-1 HCN MOTION TO APPROVE RESO URC MR. ELMORE PRESENT 2. Recognition of "Extra Mile Club" Members for their Customer Service Efforts. (Anita Hammerstrom, Training Coordinator) PRESENTED BY ANITA HAMII~RSTROM D. BRIEFINGS 1. Presentation from the Secretary of Public Safety on Violent Crime and an Anti-Drug Grant. (Randolph Rollins, Secretary of Public Safety for the Commonwealth of Virginia) PRESENTED BY LINDSAY G. DORRIER, TR. DIRECTOR OF DEPT OF C TUSTICE SERVICES AND O. RANDOLPH ROLLINS, SECRETARY OF PUBLIC SAFETY 2 1991 Water Projects. (Clifford Craig, Utility Director) PRESENTED BY CLIFF CRAIG AND TED PETOSKY ECH TO SET UP TOUR FOR BOARD MEMBERS 3. Roanoke Valley Resource Authority Solid Waste Facilities. 2 (John Hubbard, CEO, RVRA) PRESENTED BY TOHN HUBBARD ECH TO SET UP TOUR FOR BOARD MEMBERS E. NEW BUSINESS 1. Request from the Parks and Recreation Commission for use of the County Administration Center. A-121592-2 6 CITIZENS SPOKE IN SUPPORT BI;T MOTION TO APPROVE USE OF RCAC AS A REC CENTER AND THAT REPORT BE BROUGHT BACK WITH DETAILS OF RELOCATION LBE SUBST. MOTION THAT CONSIDERATION BE DEFERRED UNTIL FOLLOWING EVENING SESSION HCN OFFERED SUBSTITUTE MOTION THAT LEISURE ARTS CENTER BE INCLUDED. RULED OUT OF ORDER BI;T MOTION TO END DEBATE AYES-BI~T,EGK,FM,HCN NAYS-LBE LBE SUBST. MOTION TO DEFER AYES-EGK,LBE NAYS-BI.~T.,FM,HCN BL.T MOTION, AMENDED BY HCN, TO APPROVE RELOCATION OF OGDEN SENIOR CENTER TO RCAC, AND THAT STAFF BRING BACK REPORT DETAILING RELOCATION THAT WOULD INCLUDE LEISURE ARTS CENTER URC 2. Approval of Resolution for Bond Anticipation Notes for Recent Bond Projects and Transfer of Funds for Land Acquisition. (Diane Hyatt, Finance Director) R-121592-3 LBE MOTION TO APPROVE RESO AND TRANSFER OF FUNDS URC 3. Request for Appropriation to Fund Engineering Consultant for Regional Wastewater Treatment Facilities. 3 (Clifford Craig, Utility Director) A-121592-4 BLOT MOTION TO APPROVE APPROPRIATION OF FUNDS URC 4. Authorization to Continue the Sanitary Sewer Evaluation/Rehabilitation (SSE/R) Program - Private Property Inspection (Clifford Craig, Utility Director) A-121592-5 HCN MOTION TO APPROVE CONTINUATION OF PRIVATE PROPERTY SSE/R PROGRAM AND THAT STAFF BRING BACK OPTION ON PENALTIES FOR VIOIATIONS URC DISCUSSION ON LEGISLATIVE REQUESTS PMM TO BRING DOCUMENT USING MAY 92 REQUESTS TO 1/4/93 MEETING WITH LEGISLATORS. HCN ASKED THAT SOCIAL SERVICES REQUESTS BE INCLUDED AND REQUESTED TIME ON 1/4/93 AGENDA TO DISCUSS REOUESTS PRIOR TO MEETING WITH LEGISLATORS F. REQUESTS FOR WORK SESSIONS NONE G. REQUESTS FOR PUBLIC HEARINGS NONE H. REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES -CONSENT AGENDA BI{T MOTION TO APPROVE 1ST READING AND SET PUBLIC 1Q:ARING FOR 1/26/93 - URC 1. Ordinance Authorizing a Special Use Permit to Allow 4 Summer Concerts, Located in Valleypointe, Hollins Magisterial District, upon the Petition of The Easter Seal Society of VA. I. FIILST READING OF ORDINANCES J. APPOINTMENTS 1. Library Board 2. Mental Health Services of the Roanoke Valley Community Services Board. HCN NOMINATED CHERIE HARTMAN AS AT-LARGE MEMBER TERM TO EXPIRE ON 12/31/95. S. 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 WII.L BE CONSIDERED SEPARATELY. R-121592-6 HCN MOTION TO APPROVE WITH ITEM 13 ADDED, AND ITEM 4 AND 3 REMOVED FOR SEPARATE VOTES URC 1. Approval of Minutes -October 27, 1992, November 17, 1992. 2. Confirmation of Committee Appointment to the Roanoke County Planning Commission. A-121592-6.a 3. Acknowledgement of Acceptance of 0.20 Miles of Larson Lane and 0.20 Miles of Larson Oaks Drive into the 5 Virginia Department of Transportation Secondary System. A-121592-6.6 LBE MOTION TO ACCEPT AYES-EGI~FM,HCN,LBE ABSTAIN-BST 4. Authorization to Pay Certain Legal Fees regarding Litigation with Grumman Emergency Products, Inc. A-121592-6.c HCN MOTION TO AUTHORIZE AFl'ER DISCUSSION URC 5. Recommendation to appoint the County Administrator as Director of Emergency Services and Realignment of Emergency Management Staff. R-121592- 6.d 6. Approval of a Raffle Permit for 1993 from the Women of the Moose Roanoke Chapter #1022. A-121592-6.e 7. Donation of a Drainage Easement in Connection with Carriage Hills Drive in Section 4, Carriage Hills Subdivision from Louis W. & JoAnn M. Komosa. A-121592-6.f S. Donation of a Drainage Easement in Connection with the Balsam Drive Drainage Project. A-121592-6.~ 9. Acceptance of Sanitary Sewer Facilities Serving Emerald Court Subdivision. A-121592-6.h 10. Acceptance of Water and Sanitary Sewer Facilities Serving the Village, Phase II. A-121592-6.i 11. Acceptance of Water and Sanitary Sewer Facilities Serving 6 Woodbridge, Section 12. A-121592-6.i 12. Request for Appropriation of Funds for Wooded Acres Water System. A-121592-6.k 13. Approval of Raffle Permit and 50/50 Raffle Permit from Roanoke County School Food Service Chapter/ A-121592-6.1 L. REPORTS AND INQUIRIES OF BOARD MEMBERS SUPERVISOR NICKENS: (1) ASKED ECH TO CONTACT DR. MCCOMAS, PRESIDENT, VPI&SU, FOR UPDATE ON POTENTIAL LOSS OF 4-H AGENT. (2) ASKED STAFF FOR WRITTEN UPDATE ON BUSHDALE ROAD. SUPERVISOR KOHINKE: (1) USED THE FREELOADER AND EXPRESSED APPRECIATION TO STAFF; (2) PLANS TO MEET WITH KEITH COOK REGARDING SAIARY SURVEY. (3) EXPRESSED APPRECIATION FOR THE EMPLOYEE LUNCHEON. SUPERVISOR EDDY: (1) ADVISED THAT TOYCE WAUGH WAS FEATURED IN THE BLUE RIDGE REGIONAL TOURNAL; (2) ASKED ABOUT REPORT ON AUDIT OF MACHINERY AND TOOLS TAX. ECH WILL BRING BACK IN TANUARY 1993. (3) ANNOUNCED ROANOKE CITY HAD APPROVED BOUNDARY ADNSTMENT ON VINEYARD PARK. PMM ADVISED COUN'T'Y WILL HAVE TO APPROVE AND WILL BE BROUGHT BACK AFTER SIGNED BY THE CITY. (41 READ THANK YOU COMII~NTS AS C OF BOARD FOR 1992. M. CITIZENS' COIVIlV~NTS AND COlHIlVIi7NICATIONS NONE N. REPORTS FM MOTION TO RECEIVE AND FILE - UW 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Accounts Paid -November 1992 5. Statement of the Treasurer's Accountability per Investments and Portfolio Policy as of November 30, 1992. 6. Acceptance of Resolution of Support from the Roanoke Valley Convention & Visitor's Bureau for a Blue Ridge Region Visitor's Information Center. 7. Report on 1993 Real Estate Assessments O. EXECUTIVE SESSION pursuant to the Code of Virginia Section 2.1-344 A (1) to consider a personnel matter and (3) to consider the acquisition of real estate for public purpose; (7) consultation with legal counsel and briefings by staff regarding contract negotiations requiring legal advice, contract negotiations with Roanoke City; financing for an economic development project; and the proposed Consent Decree with EPA regarding the Dixie Caverns Landfill. BL7 MOTION AT 5:40 P.M. URC P. CERTIFICATION OF EXECUTIVE SESSION R-121592-7 IiCN MOTION TO APPROVE AT 7:OSP.M. URC EVENING SESSION 8 Q. PUBLIC HEARINGS 1. Amendment to Roanoke County Charter Section 2.02, Taxing Powers, Relating to Taxes on Hotel/Motel Rooms. (Paul Mahoney, County Attorney) R-121592-8 HCN MOTION TO SET AT 6% URC 1 CITIZEN SPOKE IN SUPPORT 2. Special Use Permit to Operate a Debris Fill on 2.15 Acres, Located on the South Side of Route 11 and 460 Approximately .3 Mile from its Intersection with Pleasant Run Drive, Catawba Magisterial District, Upon the Petition of Samuel R. Carter, III. (Terry Harrington, Planning & Zoning Director) R-121592-9 HCN MOTION TO APPROVE SPECIAL USE PERMIT WITH AYES-BI{T.EGK,FM,HCN NAYS-LBE R PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. An Ordinance Amending the Zoning District Maps for Roanoke County by the Repeal of the Old Zoning District Maps and by Adopting and Reenacting the 1992 Zoning District Maps to Implement the Provisions of the New Zoning Ordinance. (Terry Harrington, Planning & Zoning Director) 0-121592-10 8 CITIZENS SPOKE HCN MOTION TO APPROVE ORD WITH THE FOLLOWING CHANGES: (1) HOLTZMAN PROPERTY REMAINS R-1;21 BILL BROWN PROPERTY IS AG3; (31 419 PROPERTY ACROSS FROM PROMENADE PARK BECOMES C-2; (4) PROPERTY ACROSS FROM 9 WILLIAM BYRD HIGH SCHOOL IS ZONED AG3; ~5) RCOS PROPERTY IS ZONED C-1; (~ GORMAN HOWELL PROPERTY IS ZONED AGl/AR; 11~IULLINS PROPERTY IS ZONED C-2; AND MAPS 1, 10,11, 12 (FROM TERRY HARRINGTON MEMO) BE ZONED AGl AND THAT STAFF MEET WITH PARKWAY OFFICIALS TO DISCUSS THEIR REQUESTS. URC 2. An Ordinance Amending the Roanoke County Code by Creating a Separate Classification of Tangible Personal Property; Motor Vehicles for Disabled Veterans. (Paul Mahoney, County Attorney) 0-121592-11 2 CITIZENS SPOKE IN SUPPORT BI{T MOTION TO APPROVE ORD WITH NO PERCENTAGES USED IN ORDINANCE AYES-BLT,FM,HCN,LBE NAYS-EGK 3. An Ordinance to Amend Conditions on Approximately 1.516 Acres to Permit Construction of an Auto Parts Facility, Located Between 3727 and 3773 Challenger Avenue, Hollins Magisterial District, Upon the Petition of Webb-Stevenson Co. (Terry Harrington, Planning & Zoning Director) 0-121592-12 HCN MOTION TO APPROVE ORD URC S. SECOND READING OF ORDINANCES 1. An Ordinance authorizing the Acquisition of 3.395 acres of Real Estate, for County Office Facilities, Approving the Lease of Offices, Appropriating Funds Therefor, Authorizing the Manner of Tax Exempt Financing, Declaring Reimbursement Intention, and Such Other Measures As May Be Required to Accomplish This Project. (Paul M. Mahoney, County Attorney) io 0-121592-13 " 6 CITIZENS SPOKE IN OPPOSITION 1 CITIZEN SPOKE IN SUPPORT HCN MOTION TO APPROVE ORD WITH MODIFICATIONS FOR SECOND READING AYES-EGK~FM,HCN NAYS-NONE ABSTAIN-Bi1T,LBE NEW BUSINESS EPA CONSENT DECREE FOR DIXIE CAVERNS IANDFILL + LBE MOTION THAT COUNTY ADMINISTRATOR BE AUTHORIZED TO SIGN THE CONSENT DECREE PRESENTED BY THE EPA, SU~TECT TO CONCURRENCE BY ROANOKE ELECTRIC STEEL AYES-FM. HCN(UNDER PROTEST), LBE NAYS-BI;T,EGK T. CITIZEN COMII~NTS AND CONIlVILTNICATIONS NONE HCN ASKED THAT PMM BRING TO THE ORGANIZATIONAL MEETINGS PROPOSED RULES THAT WOULD LIMIT CITIZEN C011~Il1~NT FOLLOWING A MOTION. U. ADJOURNMENT AT 10:25 P.M. BL.T MOTION TO ADTOURN TO 9:30 A.M. ON DECEMBER 31, 1992 AT SALEM CITY COUNCIL CHAMBERS - UW ii 0~ pOAN ,~,~ .a w ~ p 1838 ROANOKE COUNTY BOARD OF SUPERVISORS AGENDA DECEMBER 15, 1992 rrennr cs >rrE sure try 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: John Chambliss Assistant County Administrator 3. Pledge of Allegiance to the United States Flag. B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCIAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Resolution of Congratulations to Mr. & Mrs. Thomas Elmore for Receiving the Distinguished Service Award from the Roanoke Regional Chamber of Commerce. (Skip Burkart, Commonwealth's Attorney) i ® Recycled Paper 2. Recognition of "Extra Mile Club" Members for their Customer Service Efforts. (Anita Hammerstrom, Training Coordinator) D. BRIEFINGS 1. Presentation from the Secretary of Public Safety on Violent Crime and an Anti-Drug Grant. (Randolph Rollins, Secretary of Public Safety for the Commonwealth of Virginia) 2 1991 Water Projects. (Clifford Craig, Utility Director) 3. Roanoke Valley Resource Authority Solid Waste Facilities. (John Hubbard, CEO, RVRA) E. NEW BUSINESS 1. Request from the Parks and Recreation Commission for use of the County Administration Center. 2. Approval of Resolution for Bond Anticipation Notes for Recent Bond Projects and Transfer of Funds for Land Acquisition. (Diane Hyatt, Finance Director) 3. Request for Appropriation to Fund Engineering Consultant for Regional Wastewater Treatment Facilities. (Clifford Craig, Utility Director) 4. Authorization to Continue the Sanitary Sewer Evaluation/Rehabilitation (SSE/R) Program - Private Property Inspection (Clifford Craig, Utility Director) F. REQUESTS FOR WORK SESSIONS G. REQUESTS FOR PUBLIC HEARINGS 2 H. REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES -CONSENT AGENDA 1. Ordinance Authorizing a Special Use Permit to Allow Summer Concerts, Located in Valleypointe, Hollins Magisterial District, upon the Petition of The Easter Seal Society of VA. I. FIRST READING OF ORDINANCES J. APPOINTMENTS 1. Library Board 2. Mental Health Services of the Roanoke Valley Community Services 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 WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. 1. Approval of Minutes -October 27, 1992, November 17, 1992. 2. Confirmation of Committee Appointment to the Roanoke County Planning Commission. 3. Acknowledgement of Acceptance of 0.20 Miles of Larson Lane and 0.20 Miles of Larson Oaks Drive into the Virginia Department of Transportation Secondary System. 4. Authorization to Pay Certain Legal Fees regarding 3 Litigation with Grumman Emergency Products, Inc. 5. Recommendation to appoint the County Administrator as Director of Emergency Services and Realignment of Emergency Management Staff. 6. Approval of a Raffle Permit for 1993 from the Women of the Moose Roanoke Chapter #1022. 7. Donation of a Drainage Easement in Connection with Carriage Hills Drive in Section 4, Carriage Hills Subdivision from Louis W. & JoAnn M. Komosa. 8. Donation of a Drainage Easement in Connection with the Balsam Drive Drainage Project. 9. Acceptance of Sanitary Sewer Facilities Serving Emerald Court Subdivision. 10. Acceptance of Water and Sanitary Sewer Facilities Serving the Village, Phase II. 11. Acceptance of Water and Sanitary Sewer Facilities Serving Woodbridge, Section 12. 12. Request for Appropriation of Funds for Wooded Acres Water System. L. REPORTS AND INQUIRIES OF BOARD MEMBERS M. CITIZENS' COMII~NTS AND COINIlVIUNICATIONS N. REPORTS 1. General Fund Unappropriated Balance 4 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Accounts Paid - November 1992 5. Statement of the Treasurer's Accountability per Investments and Portfolio Policy as of November 30, 1992. 6. Acceptance of Resolution of Support from the Roanoke Valley Convention & Visitor's Bureau for a Blue Ridge Region Visitor's Information Center. 7. Report on 1993 Real Estate Assessments O. EXECUTIVE SESSION pursuant to the Code of Virginia Section 2.1-344 A (1) to consider a personnel matter and (3) to consider the acquisition of real estate for public purpose; (7) consultation with legal counsel and briefings by staff regarding contract negotiations requiring legal advice. P. CERTIFICATION OF EXECUTIVE SESSION EVENING SESSION Q. PUBLIC HEARINGS 1. Amendment to Roanoke County Charter Section 2.02, Taxing Powers, Relating to Taxes on Hotel/Motel Rooms. (Paul Mahoney, County Attorney) 2. Special Use Permit to Operate a Debris Fill on 2.15 Acres, Located on the South Side of Route 11 and 460 Approximately .3 Mile from its Intersection with Pleasant 5 Run Drive, Catawba Magisterial District, Upon the Petition of Samuel R. Carter, III. (Terry Harrington, Planning & Zoning Director) R. S. T. PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. An Ordinance Amending the Zoning District Maps for Roanoke County by the Repeal of the Old Zoning District Maps and by Adopting and Reenacting the 1992 Zoning District Maps to Implement the Provisions of the New Zoning Ordinance. (Terry Harrington, Planning & Zoning Director) 2. An Ordinance Amending the Roanoke County Code by Creating a Separate Classification of Tangible Personal Property; Motor Vehicles for Disabled Veterans. (Paul Mahoney, County Attorney) 3. An Ordinance to Amend Conditions on Approximately 1.516 Acres to Permit Construction of an Auto Parts Facility, Located Between 3727 and 3773 Challenger Avenue, Hollins Magisterial District, Upon the Petition of Webb-Stevenson Co. (Terry Harrington, Planning & Zoning Director) SECOND READING OF ORDINANCES 1. An Ordinance authorizing the Acquisition of 3.395 acres of Real Estate, for County Office Facilities, Approving the Lease of Offices, Appropriating Funds Therefor, Authorizing the Manner of Tax Exempt Financing, Declaring Reimbursement Intention, and Such Other Measures As May Be Required to Accomplish This Project. (Paul M. Mahoney, County Attorney) CITIZEN COMII~NTS AND COI~IlVIUNICATIONS 0 U. ADJOLfRNMENT 6 l' ~ s ~, - AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 15, 1992 RESOLUTION 121592-1 OF CONGRATULATIONS TO MR. AND MRS. THOMAS ELMORE FOR RECEIVING THE DISTINGUISHED SERVICE AWARD FROM THE ROANORE REGIONAL CHAMBER OF COMMERCE WHEREAS, crime prevention is an important function for any police department, and depends to a large extent on the alertness and responsiveness of the citizens of the area; and WHEREAS, the Roanoke County Police Department encourages the residents of the County to assist the Department in preventing and solving crime; and WHEREAS, Tom and Esta Elmore, residents of Roanoke County, were recently instrumental in assisting the Police Department in arresting four people who were suspected of stealing automobiles; and WHEREAS, Mr. and Mrs. Elmore not only responded to the suspicious activity by notifying the police, but also became involved with locating the suspects and detaining them until the police were able to make arrests; and WHEREAS, Mr. and Mrs. Elmore were recently honored by the Roanoke Regional Chamber of Commerce for their actions, and received the 1992 Distinguished Service Award from the Chamber. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby extends its congratulations to TOM AND ESTA ELMORE for the recognition which they received from the Regional Chamber; and FURTHER, BE IT RESOLVED, that the Board also extends its thanks to Mr. and Mrs. Elmore for their willingness to be involved in assisting the Police Department in their duties. s On motion of Supervisor Nickens, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: Mary H. A len, CMC Clerk to the Board of Supervisors CC: File Resolution of Congratulations File ( ~ ACTION NO. ITEM NUMBER ~- '- j AT A REGIILAR MEETING OF THE BOARD OF SIIPERVISORS OF ROANORE COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER MEETING DATE: December 15, 1992 AGENDA ITEM: Resolution of Congratulations to Mr. & Mrs. Thomas Elmore for Receiving the Distinguished Service Award from the Roanoke Regional Chamber of Commerce. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Roanoke Regional Chamber of Commerce has announced that Mr. & Mrs. Thomas Elmore have received their Distinguished Service Award for 1992 . This is the first year that the Chamber has presented this award and only the second award of the year. The recipients were chosen by the Crime Prevention Committee chaired by Roanoke County Commonwealth's Attorney Skip Burkart. Mr. & Mrs. Elmore received the recognition for their assistance in apprehending four individuals who were later charged with automobile tampering and larceny. Mr. Burkart will present the Distinguished Service Award to Mr. & Mrs. Elmore. The attached resolution will also be presented by the Board of Supervisors. E mer C. Hodge County Administrator Approved ( ) Denied ( ) Received ( ) Ref erred ( ) To ( ) ACTION Motion by: VOTE No Yes Abs Eddy Johnson Kohinke Minnix Nickens C-1 AT A REGIILAR MBETING OF THE BOARD OF SIIPERVISORS OF ROANORE COIINTY, VIRGINIA, HELD AT THE ROANORE COIINTY ADMINISTRATION CENTER ON TIIESDAY, DECEMBER 15, 1992 RESOLIITION OF CONGRATIILATIONS TO MR. AND MRS. THOMAS ELMORE FOR RECEIVING THE DISTINGIIISHED SERVICE AWARD FROM THE ROANORE REGIONAL CHAMBER OF COMMERCE WHEREAS, crime prevention is an important function for any police department, and depends to a large extent on the alertness and responsiveness of the citizens of the area; and WHEREAS, the Roanoke County Police Department encourages the residents of the County to assist the Department in preventing and solving crime; and WHEREAS, Tom and Esta Elmore, residents of Roanoke County, were recently instrumental in assisting the Police Department in arresting four people who were suspected of stealing automobiles; and WHEREAS, Mr. and Mrs. Elmore not only responded to the suspicious activity by notifying the police, but also became involved with locating the suspects and detaining them until the police were able to make arrests; and WHEREAS, Mr. and Mrs. Elmore were recently honored by the Roanoke Regional Chamber of Commerce for their actions, and received the 1992 Distinguished Service Award from the Chamber. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby extends its congratulations to TOM AND ESTA ELMORE for the recognition which they received from the Regional Chamber; and FIIRTHER, BE IT RESOLVED, that the Board also extends its thanks to Mr. and Mrs. Elmore for their willingness to be involved in assisting the Police Department in their duties. Action No. Item Number At A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 15, 1992 AGENDA ITEM: Recognition of the "Extra Mile" Club Nominees for Their Customer Service Efforts. COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND' The "Extra Mile" Club, sponsored by the Roanoke County Customer Service Resource Committee, began on April 1, 1992. Since then, County employees, citizens, and Board members have recognized County employees for going the "extra mile" to provide good customer service both to Roanoke County citizens and to fellow employees. The first group of "Extra Mile" Club nominees received a certificate of appreciation, were highlighted in The County Signal, and were recognized by the Board of Supervisors on May 26, 1992. At that time, it was recommended that the Board recognize employees for providing good customer service on a semi-annual basis. SUMMARY OF INFORMATION: The Roanoke County Customer Service Resource Committee's "Extra Mile" Club has been highly successful, having received 187 nominations from May 1, 1992 through October 30, 1992. These nominations came from employees, citizens, and Board members who recognized employees who went that "extra mile". Several projects involved large groups of employees contributing their time. For instance, thirty-eight employees volunteered to assist Social Services on May 16, 1992 in the Commodity Distribution Program. Also, forty-seven employees assisted in the "Tour du Jour" project. In some cases, supervisors have nominated their entire department when they felt that the staff went beyond what was necessary to accomplish their job. Nominees are individuals or departments that fit into one of the following categories: * An employee who has been praised by a citizen. * An employee who has been especially helpful to co-workers or to another department. * A department which has been noticeably helpful to another department. ~~ * A department which has made a significant effort to improve customer service through training or procedural changes. Members continue to receive a certificate of appreciation from the Customer Service Resource Committee as well as recognition in The County Signal. Attached is a partial list of members of the "Extra Mile" Club. This partial list represents half of the nominees. The remaining nominees will be recognized at a January Board meeting. RECOMMENDATION' The Customer Service Resource Committee recommends that the Board of Supervisors recognize the listed employees for customer service efforts to their co-workers and to the citizens of Roanoke County. S MITTED BY: ^A 't B. Hammerstrom Training Coordinator Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: APPRO D BY• Elmer C. Hodg County Administrator VOTE No Yes Abs Eddy Johnson Kohinke Minnix Nickens 4 THE "EXTRA MILE" CLUB NOMINEES Np~g DEPARTMENT c-a Saeb Abdelhadi Parks and Recreation Brenda Agee Clerk's Office Aleta Akers Police Department Julie Alexander Parks and Recreation Sarah Alls Finance Matthew Anderson Parks and Recreation Willie Mae Artis General Services Kay Atkins Social Services Vicki Austin Treasurer's Office Donna Ayers General Services Freeda Bailey Social Services Nancy Bailey General Services Jeff Balon Parks and Recreation Jeff Bandy Real Estate Assessment Barbara Bangura Social Services Diana Barnett General Services Barbara Barry Parks and Recreation Karen Bartnik Treasurer's Office Pam Beason Risk Management Ellen Bolt Parks and Recreation Gwen Bones Parks and Recreation David Bonham Parks and Recreation Becky Boone MIS Jeff Booth Utility Department Todd Booth Engineering and Inspections Veronica Boston General Services Billy Bower Procurement Nancy Brown General Services Sharon Brown Police Department Oscar Bryant MIS Edward Burford General Services Reta Busher Management and Budget Red Cable Communications Gerald Cale General Services Rhonda Campbell Parks and Recreation Sandy Carpenter General Services Bill Caton Real Estate Assessment John Chambliss Administration Mike Clark Parks and Recreation Kathy Claytor Human Resources David Cochrane Solid Waste Cynthia Compton Social Services Jane Conner Library . e NAME DEPARTMENT Keith Cook Human Resources Barbara Cosgrove Social Services Arnold Covey Engineering Sheree Covey Youth Haven II Kay Crawford Social Services Patrice Dalton General Services Curtis Day General Services Elizabeth Davis General Services Betsy Dennis Parks and Recreation Dorothy Dickason Treasurer's Office Janis Dickson Treasurer's Office Vicky Dillard Social Services James Doran Fire and Rescue Cordelia Draper Social Services Billy Driver Real Estate Assessment Robert Donahue General Services Michael Dull Police Department Rick Durham General Services Bonnie Faries Parks and Recreation Frances Fi~ggatt Parks and Recreation Alicia Foliaco Engineering Harry Franks MIS Jack Garber Parks and Recreation Don Gillespie Fire and Rescue Martha Gladden Social Services Betty Graham Registrar's Office Anne Marie Green PIO Larry Green Parks and Recreation Sandy Green Social Services Tina Greene Social services Paul Grice Finance Mary Hale Utility Department Ken Hall Real Estate Assessment Anita Hammerstrom Human Resources William Harbor Parks and Recreation Richard Harless Utility Department Terry Harrington Planning and Zoning Marla Harris Parks and Recreation Nancy Hartberger General Services Robyn Hartman Finance Sandra Helm Treasurer's Office Rhonda Hibbitts Finance Sue Hicks Parks and Recreation Denny Hill General Services Sue Hill Clerk's Office Randy Hinchey Communications Elmer Hodge Administration Kim Hodge Youth Haven II Brenda Holton Adminstration Ga . A dva.r ACTION NO. ITEM NUMBER ~ "! AT A REGULAR MEETING OF THE BOARD OF SIIPERVISORS OF ROANORE COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER MEETING DATE: December 15, 1992 AGENDA ITEM: Presentation from Safety on Violent Grant COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: the Secretary of Public Crime and the Anti-Drug O. Randolph Rollins, Secretary of Public Safety for the Commonwealth of Virginia, has requested time on the agenda to discuss an Anti-Drug Grant that was awarded Roanoke County several years ago. This is a four-year grant award and is in its second year. The County received $20,000 in July 1992. Also present will be Lindsay G. Dorrier, Jr., Director of the Department of Criminal Justice Services, who will briefly discuss violent crime and crime statistics in Virginia. C Elmer C. Hodge County Administrator Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: VOTE No Yes Abs Eddy Johnson Kohinke Minnix Nickens ~ i ~e ~~aa 0 -0c t+ °p Department of Criminal Justice Services Lindsay G. Dorrier, Jr. Director Martin B. Mait Deputy Director 805 East Broad Street, Richmond, VA 23219 (804) 786-4000 October 8, 1992 County Administrator P.O. Box 29800 Roanoke, VA 24018 Dear Mr. Hodge: Elmer Hodge ~! Criminal Justice Services Board Helen F. Fahey, Chair I am writing to confirm that Secretary Rollins will be making a presentation on the Anti-Drug Grant you have through the Department of Criminal Justice Services and addressing you and the Roanoke County Board of Supervisors on December 15 at 3 p.m. concerning violent crime in Virginia. Please forward me any information you deem necessary for his presentation, including directions and the number of people attending the event. On behalf of Secretary Rollins I would like to thank you for this opportunity to provide information on violent crime to local officials in your area. If there is further information I can provide, please advise. Sincerely, ~~ ' ~n Eric J. Finkbeiner Director of Public Affairs cc: The Honorable O. Randolph Rollins ~ The Honorable Lindsay G. Dorrier, Jr. Martin B. Mait Annie Mae Martin ~~ Department of Criminal FAX 804-371-8981 ~~~~ Justice Services TDD (804)786-8732 :~ ~• _~ E ~ iv t~i o • v e ~ E~ z a a ~ =' ^ ~ ~; _ N of m~ y O W L `~ Y mS • e yam'' ~ o Ya' v • L L f.. r O~ r .... 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W Z 0 a a O H V V N .> > _ C d O O R N L N .~ L ~ ~ C O C ~ N Z ~ N ~ ~ W v,-a~o d O .- ~ ~ O ,-. ~- W >a~~o ~' •O- V C G d ~ N O W ~ ~ ..C ,•, ~+~' G1 C i O O N N ~ ~ ~ °- ~ ~ ~ ~ ~ ~ d W = a i c 0 *~,,, V t N ~ C .w- ~+ d O V G1 C ._ 0 > ~ O i C N ~ N ~ •° ~ ai 'a Z ~ R d C Q ~ ~ ~ N O ~ ~ O __ d QL V ~ r N L N .•. t .C •II •.~. +r d _ ._ N 3 O N O N d ~ R as N ~ ~ L ~ O ~ ~ ~ ~ ~ 'a N •r+ tQ C ~ .. ~ R Q C L ~ ~ O L ni N R 0 3 Qf N d ~ N •r+ ~ O t ~ O > ~ ~ N d •~ R ~ ~ ~ ~ ~ r~' N d y d •V L ca c L ~ .- ~«- c d N •~ o Q o~ >•~ O ~ O ~_ _ N d C i d O ~ ~ Q~ > O O .~• L a O O ?r C ~ N '- L Y c x c ~- C_ -_ d V N _ dam,,. •C C ~ r- •~ N ~ ~ ~ ; d R O O ~ t~ 3 ~ O C1 ~ N C ~ ~ ._. O ~ r- Q N G_ O ~~ ~ ~ ~ C = ~ 'a ~ 'a O ._ 7 .O i ~ ~ 3 L O d p, N C N N d ~ ~ ~ d R ;~, a~ QE R N .i ~ N t O ~ i N O O G ~ >+ N ~ N ~ d ~ L N R R c = ~ ~ 7 3 •- .~ N s° a o ~ as c L .~~~ LQ R ~ i O Q N = _~ .. • V iN,. = N ~ Q O ~ i L R~ ~'' O ~ O d O to N N ~ c T- ~ ,«. 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N > d W .~ R Z N ~ N d i•+ .~ d ._ L U ;• c d O N i C L O W a~ J Q = > V W D ~- Z 0 Q I- U ~a ~~ cn - OW F- _ H J a Z V Z O Z w z N d C d i r•+ C d O T N i 0 ~, ~~ Z = Q Z ~ W aV OV i_ Q ~ W OV ~- ~ W N 0 ^~ ~'+ ~ ` V W /~~ W O } ~/ }r ^~ ~ ~ L 0 ^ .~ ~ V N .~ '~ L ~' O V ~ •~ 0 ~ ~ ~ ~ ~ ~ ~~~ •~ ~.i ,_ M ~ '~ ~ ~ C = .~ ~ ~ Q.=`% • .~ W,A •V •• `~ V/ O O ^~ O ~` ~- V ^~ .~ ~.~ ~.+ f+ ~ r i- L '~ ~ ~ _ = ~ ~~ ~ ~ ~ ~ c ~ ~ ~- ._ ~ ~ ~ ~ ~ ~ ~t ~ • wL` ~ W O ~\ A~,,~ W W ~~ ~~ i ~ O = O L '~ V ~ ~ ~~ f+ L ~ V i ~ C ~ ~ ~ i ~ O ~ ~ ~ ~ ~ ~ ~ ~ c~ N '~ C ~ ~ ~ :~ i t/1 IL '- ~ ~- •- • O N Y ~ `V O f~ ~~ ~/ _ L ~ i. .~ ~ ~ 'a ~l~+ L ~..r ~ O O _ L N _ ~ O ~ ~ ~ ~ v~ ~ , ~ a~ ~ N ~ ~ = V i a~ o •- ~ ~ , c . _~ ~ ~- ° ~a ~ ~ a > C ~ Q •~ i ~ ~ ~ ~ ~ ~ c~ ~ ~ • N d C d .~ L d T L c L d O 7+~ d' Lf~ ~~ N _ -1--+ ~ Z _ ~r (n ~ _ ^, W .~ ~ ^^`` W T O ~ '~ ~- z (~ ~ ~ O Z ^L,, W •~ V L ~~ \~\ \~ \\ ~\~ ~~~~~~ ~~, \ ~ ~ O ~ O ~ l~ O 1 ll ~ ('7 N N T T .Q ~ ~ U N L • W ~ N O ~ N N ~ ~ ~ M C (~ C T Q~ ~ ~ ~ = ~ ~ U a -+ O v oa o ~a~ ~ ~~ ~ ~~ N U U o ~ Y ~ ~ c E ~ ~ O i w ~ ~ C Q ~ ~ N f~ ~ C v '~ ~ ~ +~ c rn ' ~ j rn ~ > C ~ > c ~ M ~ c _ c • ~ o E ~ 'C •~ U CJ U ~ O a m U ~ ~ Q f+ ~ ~ a o ~. ~~ O d ~. r ~ ~ . ~ .~ d ~ •= L L V 0 O E z T r A ~ Os ~ r ~ ~ 3 o ~,, 01 O m b O- r r O ~ ~ ~ C ~ 3 ~ ~ o ~ o ~ ~ O .- 0 A r r ~" aD ~ ib r ~. p O C t i o w ~ • V ~~~ ~o ~E co ~o ~a ~ ~ ~a ~ ~ ~ ~ ~ o :-/ CRIME STATISTICS FOR ROANOKE CITY, ROANOKE COUNTY, & SALEM ROANOKE DECEMBER 15, 1992 In 1991, Roanoke City had violent crime rates and property rates about twice as high as the statewide average. The murder and motor vehicle thefts rates were the only exceptions. They were slightly higher than the state average. The number of reported rapes increased 47$, burglaries 38$, and aggravated assaults 36$ over last year's statistics. The rest of the major crimes rose slightly. Statewide, many localities saw increases in both robberies and aggravated assaults. The crime rates in Roanoke County and Salem were signifi- cantly lower than in Roanoke City and also less than the state- wide average. However, both Roanoke County and Salem experienced a growth in robberies. Arrests in all three jurisdictions fol- lowed the trends in offenses reported to police. Turning to convictions and sentencing practices, the low number of violent crime cases tried in most of the state's localities in 1991 makes it difficult to discuss trends with confidence. The number of convictions for the sale of Schedule I & II drugs was down in all three localities. There were fewer convictions for the sale of marijuana in Roanoke City and Salem, while the convictions only increase slightly in Roanoke County. Although convictions for the sale of Schedule I & II drugs decreased, the number increased for possession. 1 I. Grants Awarded To Localities A. Enhancing Drug Law Enforcement and Prosecution Grants awarded in this program category allow local law enforcement agencies and prosecutors to augment their anti-drug efforts by adding additional manpower and/or equipment and, in some cases, providing "buy" money for use in drug investigations. 36. Roanoke County (Police Dept.) (7815) Federal amount: $20,029 Local match: 6,676 Total: $26,705 G. Community Crime Prevention Services Funds awarded in this program category assist localities in establishing new crime prevention programs or expanding and improving existing efforts, including Neighborhood Watch, incor- porating crime prevention planning into community planning, business security, auto theft prevention and crime prevention in public housing. 11. Roanoke County (7840) Federal amount: $24,618 Local match: 8,206 Total: $32,824 2 ROANOKE COUNTY Grant Number 91A7565AD 92A7815AD TOTALS: Period DCJS Amount 7/91-6/92 $22,039.00 ?/92-6/93 $20,029.00 ;42,068.00 Local Match TOTAL: $7,346.00 $6,676.00 X14,022.00 NOTES: $29,385.00 $26.705.00 $56,090.00 In 1991, Roanoke County was awarded a grant to pay the overtime and training costs of drug Investigators to focus drug enforcement efforts at area motels/hotels. Available information indicated that these motels/hotels served as the hub of area drug trafficking activities. In addition to increasing available manpower, the program sought to bring motel industry personnel into the effort by training them to recognize drug activities and how to "best" help the police. The program has been very successful and is currently in its second year of funding. Since the inception of this program, Roanoke County has been able to; Make approximately 47 Felony and Misdemeanor arrests Seize: 11 weapons 1 vehicle $7,233 in cash 79.5 grams of cocaine 150.32 grams of crack 9.65 oz. of marijuana 36.4 grams of Amphetamines MEM/352 LOCALITY: Roanoke City TYPE Of OFFENSE YIOLENT CRIMES MURDER with handgun with other gun other/no weapon RAPE ROBBERY with gun with knife with other weapon no weapon AGGRAVATED ASSAULT with gun with knife with other weapon no weapon NOT AGGRAVATED PROPERTY CRIMES BURGLARY LARCENY 1200 or more less than f200 MOTOR VENiCLE THEFT Auto Truck, etc. DRUG CRIMES NARCOTICS Sate-Sch. I, I1 Sale-Marijuana Possess-Sch. 1, II Possess-Marijuana 10/23/92 CY 1991 CRIMES AND CRIME RATES BY TYPE Of OFFENSE OFFENSES REPORTED ARRESTS Number X Change Rate Per State Humber X Change Rate Per State in 1991 Over 1990 100,000 Avg Rate in 1991 Over 1990 100,000 Avg Rate 14 O.OX 14.5 9.43 9 12.SX 9.3 4.07 ' ~0 -100.0% 0.0 0.68 5 O.OX 5.2 4.69 50 47.1% 51.9 30.72 272 13.3% 282.2 139.80 79 11.3% 82.0 62.05 21 -27.6% 21.8 12.07 30 -18.9% 31.1 10.94 142 37.9% 147.3 54.95 382 35.9% 3%.3 199.50 107 137.8% 111.0 41.81 136 -14.5% 141.1 49.78 99 70.7% 102.7 49.68 40 110.5% 41.5 58.28 2,444 •9.9% 2,535.3 860.40 16 6o.oX 16.6 8.66 33 17 9X 34.2 14.95 126 10.5% 130.7 40.39 225 33.1% 233.4 110.10 1,606 38.7% 1,666.0 795.20 280 17.ZX 290.5 138.00 6,107 6.2X 6,335.3 3,162.00 2,392 23.4% 2,481.4 6%.80 1,554 -3.5X 1,612.1 1,089.00 4,553 9.9X 4,723.2 2,073.00 345 9.SX 357.9 344.00 119 16.7% 123.4 65.17 271 5.9X 281.1 283.70 74 25.4% 76.8 308.90 39 -35.0% 40.5 74.15 24 •14.3% 24.9 89.05 9 -85.2% 9.3 20.75 55 -58.3% 57.1 80.26 **"~•.*X - Indicates that the percentage change is not applicable. Prepared By: Criminal Justice Research Center, DCJS Data Source: Uniform Crime Reporting Section Virginia Department of State Potice LOCALITY: Roanoke City 10/23/92 CY 1991 s CRIMES AND CRII!SE RATES BY TYPE OF OFFENSE CONVICT IONS DISPOSITIONS TYPE OF Number 8 Change 8 Imprisoned 8 Imprisoned OFFENSE in 199 Over 1990 n 99 in 1990 VIOLENT CRIMES MURDER with gun 4 -20.0$ 75.0! 100.08 other/no weapon 2 0.08 100.08 100.08 RAPE 1 -75.0$ 100.0$ 75.08 ROBBERY with gun 6 -50.0$ 100.08 100.08 with knife 0 -100.0$ 0.08 100.01 with other weapon 1 ****.*$ 100.0$ 0.08 no weapon 11 266.7$ 91.0$ 67.08 AGGRAVATED ASSAULT with gun 11 0.08 73.0$ 55.0$ with knife 6 100.0$ 83.0$ 33.0= with other weapon 7 40.0$ 86.0$ 40.08 no weapon 5 66.78 40.0$ 100.08 PROPERTY CRIMES BURGLARY 24 -29.48 71.08 65.08 LARCENY $200 or more 78 30.08 50.08 32.08 Less than $200 49 44.18 69.08 71.08 MOTOR VEHICLE THEFT 7 40.08 71.08 60.08 DRUG CRIMES NARCOTICS Sale-Bch. I, II 98 -7.58 86.08 76.08 Sale-Marijuana 5 -68.88 20.08 0.08 Possess-Bch. I, II 67 19.68 27.08 29.08 ****.*8 - Indicates that the percentage change is not applicable Prepared By: Criminal Justice Research Center, DCJS Data Source: PSI Database Virginia Department of Corrections LOCALITY: Roanoke Cotnty TYPE OF OFFENSE VIOLENT CRIMES MURDER with handgun with other gun other/no weapon RAPE ROBBERY with gun with knife with other weapon no weapon AGGRAVATED ASSAULT with gun with knife with other weapon no weapon NOT AGGRAVATED PROPERTY CRIMES BURGLARY LARCENY 5200 or more less than 5200 MOTOR VEHICLE THEFT Auto Truck, etc. DRUG CRIMES NARCOTICS Sate-Sch. 1, lI Sate-Marijuana Possess-Sch. 1, 11 Possess-Marijuana ****.*X - Indicates that the percentage change is not applicable. Prepared By: Criminal Justice Research Center, DCJS Data Source: Uniform Crime Reporting Section Virginia Department of State Poliee 10/23/92 CY 1991 CRIMES AND CRIME RATES BY TYPE Of OFFENSE OFFENSES REPORTED ARRESTS Number X Change Rate Per State Number X Change Rate Per State in 1991 Over 1990 100.000 Avg Rate in 1991 Over 1990 100.000 Avg Rate 2 100.OX 2.5 9.43 1 O.OX 1.3 4.07 0 ***.*X 0.0 0.68 1 ***.*X 1.3 4.69 14 40.OX 17.6 30.72 26 13.OX 32.8 139.80 13 44.<X 16.4 62.05 3 -25.OX 3.8 12.07 0 •100.OX 0.0 10.94 11 22.2X 13.9 54.95 114 4.6X 143.7 199.50 19 -17.4X 23.9 41.81 30 36.4X 37.8 49.78 48 60.OX 60.5 49.68 18 -47.1X 22.7 58.28 392 45.7X 494.1 860.40 2 1oo.oX z.s a.66 7 75.0X 8.8 14.95 10 42.9X 12.6 40.39 19 -44.1X 23.9 110.10 376 12.9X 474.0 795.20 52 13.OX 65.5 138.00 1,926 15.SX 2,427.8 3,162.00 427 iO.OX 538.2 696.80 770 17.2X 970.6 1,089.00 1,156 14.SX 1,457.2 2,073.00 79 -10.2X 99.6 344.00 9 -18.ZX 11.3 65.17 45 -27.4X 56.7 283.70 34 30.8X 42.9 308.90 1 -75.0X 1.3 74.15 1 -80.OX 1.3 89.05 24 SO.OX 30.3 20.75 91 31.9X 114.7 80.26 - LOCALITY: Roanoke County 10/23/92 CY 1991 CRIMES AND CRIME RATES BY TYPE OF OFFENSB CONVICT IONS DISPOSITIONS TYPE OF Number t Change • Imprisoned t Imprisoned OFFENSE in 1991 Over 1990 in 199 in 1990 VIOLENT CRIlYES MURDER with gun 0 -100.0$ 0.08 0.08 other/no weapon 1 ****.*$ 100.0$ 0.08 RAPS 0 ****.*~ 0.08 0.08 ROBBERY with gun 1 0.08 100.0$ 100.08 with knife 2 ****.*$ 100.0$ 0.08 with other weapon 0 ****.*$ 0.08 0.08 no weapon 1 -66.78 100.0$ 100.0; AGGRAVATED ASSAULT with gun 0 ****.*8 0.08 0.08 with knife 0 ****.*8 0.08 0.08 with other weapon 0 -100.08 0.08 50.08 no weapon 0 -100.08 0.08 0.08 PROPERTY CRIMES BURGLARY 15 -16.78 87.08 44.08 LARCENY $200 or more 33 -28.38 36.08 43.08 Less than $200 22 83.38 64.08 42.08 MOTOR VEHICLE THEFT 4 100.08 50.08 50.08 DRUG CRIMES NARCOTICS Sale-Sch. I, II 4 -55.68 75.08 78.08 Sale-Marijuana 9 12.58 22.08 13.08 Possess-Sch. I, II 9 80.08 11.08 20.08 ****.*8 - Indicates that the percentage change is not applicable Prepared By: Criminal Justice Research Center, DCJS Data Source: PSI Database Virginia Department of Corrections LoulllY: sateen TYPE OF OfFENSE VIOLENT CRIMES MURDER with handgun with other gun other/no weapon RAPE ROBBERY with gun with knife with other weapon no weapon AGGRAVATED ASSAULT with gun with knife with other weapon no weapon NOT AGGRAVATED PROPERTY CRIMES BURGLARY LARCENY 5200 or more Less than 5200 MOTOR VEHICLE THEfT Auto Truck, etc. DRUG CRIMES NARCOTICS Sale-Sch. I, 11 Sale-Marijuana Possess-Sch. 1, it Possess-Marijuana 10/23/92 CY 1991 CRIMES AND CRIME RATES BY TYPE OF OFFENSE OFFENSES REPORTED ARRESTS Number X d-ange Rate Per State Number X Change Rate Per State in 1991 Over 1990 100.000 Avg Rate in 1991 Ober 1990 100.000 Rate 0 ***.*X 0.0 9.43 0 ***.*X 0.0 4.07 0 ***.*X 0.0 0.68 0 ***.*X 0.0 4.69 3 O.OX 12.6 30.72 10 150.OX 42.1 139.80 6 SO.OX 25.3 62.05 1 ****.*X 4.2 12.07 1 ****.*X 4.2 10.94 2 ****.*X 8.4 54.95 5 -72.2X 21.0 199.50 1 :***.*X 4.2 41.81 0 -100.OX 0.0 49.78 4 -63.6X 16.8 19.68 0 -t00.OX 0.0 58.28 82 5.1X 345.2 860.40 0 ***.*X 0.0 8.66 8 100.OX 33.7 14.95 0 ***.*X 0.0 40.39 3 -70.OX 12.6 110.10 126 -13.7X 530.4 795.20 686 -17.3X 2,887.7 3,162.00 194 -24.8X 816.6 1,089.00 492 -14.OX 2,071.1 2,073.00 30 -16.7X 126.3 344.00 24 O.OX 101.0 283.70 6 -S0.0X 25.3 308.90 ****.*X - Indicates that the percentage change is not applicable. Prepared By: .Criminal Justice Research Center, OCJS Data Source: Uniform Crime Reporting Section Virginia Department of State Police 34 O.OX 143.1 138.00 181 -10.8X 761.9 6%.80 8 •27.3X 33.7 65.17 z 1oo.oX a.4 4 -66.7X 16.8 2 1oo.oX a.4 53 -29.3X 223.1 74.15 89.05 20.75 80.26 • LOCALITY: Salem 10/23/92 CY 1991 CRIMES AND CRIME RATES BY TYPE OF OFFENSE CONVICTIONS DISPOSITIONS TYPE OF Number 8 Change 8 Imprisoned 8 Imprisoned OFFENSE in 1991 Over 1990 in 1991 in 1990 VIOLENT CRIMES MURDER with gun 0 ****.*$ 0.08 0.08 other/no weapon 0 ****.*~ 0.08 0.08 RAPS 2 100.0$ 100.0$ 100.08 ROBBERY with gun 0 ****.*$ 0.08 0.08 with knife 0 ****.*$ 0.08 0.08 with other weapon 0 -100.0$ 0.08 100.0• no weapon 1 ****.*$ 100.0$ 0.08 AGGRAVATED ASSAULT with gun 1 ****.*$ 100.0$ 0.08 with knife 0 ****~.*$ 0.08 0.08 with other weapon 0 ****.*~ - 0.08 0.08 no weapon 0 ****.*~ 0.08 0.08 PROPERTY CRIMES BURGLARY 10 -9.18 80.0$ 27.0• LARCENY $200 or more 14 16.7$ 43.08 17.0$ Leas than $200 7 75.0$ 43.08 25.08 MOTOR VEHICLE THEFT 2 ****.*8 100.08 0.08 DRUG CRIMES NARCOTICS Sale-Sch. I, II 2 0.08 100.08 50.08 Sale-Marijuana 2 -66.78 0.08 33.08 Possess-Sch. I, II 5 0.08 0.08 0.08 ****.*8 - indicates that the percentage change is not applicable Prepared By: Criminal Justice Research Center, DCJS Data Source: PSI Database Virginia Department of Corrections ~: 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: December 15, 1992 AGENDA ITEM: December Report on 1991 Water Projects COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND• In order to keep the Board of Supervisors informed, staff will provide a monthly report on the progress of the Spring Hollow Reservoir Project, Water Treatment Plant Project and the Water Transmission Line Project. SPRING HOLLOW RESERVOIR PROJECT The construction of the reservoir is now in its thirteenth month and the project is on schedule. Construction activity during the last month included: ° Completed installing water lines across Roanoke River ° Place dam foundation grouting on west side ° Place dental concrete on east side dam foundation ° Began construction of intake/withdrawal tower ° Continued concrete placement for river intake and pump station ° Continued casting pre-cast panels for upstream face of dam ° Continued quarry and crushing operation ° Grading of observation access road ° Started construction of water lines C and D The current projected Contract Total Cost including existing and pending change orders remains unchanged and is $24,245,000.00. ~. °~~ During the next month, the contractor will perform the following: ° Continue pump station access road construction ° Continue stone crushing operation ° Continue placing concrete for pump station and river intake ° Continue construction of intake/withdrawal tower ° Continue to cast pre-cast dam panels ° Continue grading on observation area access road ° Continue dam foundation dental concrete ° Complete dam foundation grouting ° Complete laying water lines C and D Funds expended to date for the construction phase of the reservoir are $9,195,135.87 and $861,573.81 for engineering construction phase services. WATER TREATMENT PLANT The Water Treatment Plant continues in the design phase. No new developments have occurred during the past month. The site plan for the Water Treatment Plant will be submitted for County review during the next month. The pilot water treatment plant at the Glenvar site is operated 24 hours per day, 5 days per week with data provided to the State Health Department for review. The pilot continues to produce a high quality finished water. During the next month staff will continue to operate the pilot water treatment plant at the Glenvar site. WATER TRANSMISSION LINE The following work continues on the Water Transmission Line: ° Final route selection ° Title certification ° Easement negotiation ° Obtaining easements ° Preparation of construction drawings ~-a SUBMITTED BY: Clifford C a'g, .E. Utility Director Approved ( ) Denied ( ) Received ( ) Referred to Motion by: ACTION APPROVED: ~~ ~~ Elmer C. Hodge County Administrator VOTE No Yes Abs Eddy Johnson Kohinke Minnix Nickens S ~ ACTION #, ITEM NUMBER JJ'3 AT A REGIILAR MEETING OF THE BOARD OF SIIPERVISORB OF ROANOKE COIINTY, VIRGINIA HELD AT TH8 ROANORE COIINTY ADMINISTRATION CENTER MEETING DATE: December 15, 1992 AGENDA ITEM: Status Report on Roanoke Valley Resource Authority Solid Waste Facilities COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: On December 3, 1992, the Roanoke Valley Resource Authority held a Groundbreaking Ceremony to commemorate the start of construction of the Transfer Station and the Smith Gap Facilities. It was also a celebration to commemorate the past efforts of the numerous people, including Roanoke County and its Board of Supervisors, who made the event possible. My appreciation goes to each of you. Attached is a project update report that will be presented to the Roanoke Valley Resource Authority at its regular meeting being held on December 17, 1992. The report represents a master schedule of all the major project components to date. The schedule and components will change as we move forward. Also included, is a brief description of the status of the components. In general, the project is progressing with minor delays at this time. Without major delays, the anticipated opening date of November 1, 1993 will be met. All efforts are being made to accomplish a timely completion. Interest in the project still remains high, with several articles being written in national magazines and newspapers. The interest will increase as we complete the work. I will be available at the meeting to discuss any questions you may have. Resp fully submitt ~~~ John R. Hubbard Chief Executive Officer Roanoke Valley Resource Authority ~-3 Approved Denied Received Referred to Motion by: No Yes Abs Eddy Johnson Kohinke Minnix Nickens X --~' MEETING: December 17, 1992 PROJECT: Master Schedule STATUS: Below is a listing of the major components and a brief status. Smith Gan: . Part B Approval: Revised plans have been submitted and discussed with the Department of Waste Management. Final review comments are expected in February, 1993. Rough Grading: Approximately 51 % complete with a completion date of February 13, 1993. . Monitoring Wells: Locations approved by the Department of Waste Management. Construction contract awarded on November 18, 1992. Construction to start in December unless weather prohibits. . Tipper Station: Construction contract awarded November 18, 1992. Contractor: R. E. Lee, & Son, Inc. Work to begin December 11, 1992. . Liners: Liner design is completed and has been submitted with Part B comments. Liners will be constructed with on-site material and will meet EPA standards. Utilities: Designs are being completed. Advertising for bids will occur in February 1993. Transfer Station . Permits: All permits will have been issued by the end of December. . Building: Construction on the building footings has started, and materials are being ordered. J/ . Sitework: Fill material, hauling and placement have begun and should continue for several months. Rail Transportation: . Rail Spur: The construction of the rail roadbed is approximately 60 °b complete. The first two miles will be ready for the construction and laying of rail by January 1, 1993. All roadbed work will be complete by April, 1993. . Rail Cars: Rail cars have been selected with anticipation that orders will be made in February of 1993. 30 cars will be provided with covers. . Car Dumpers: Fabrication is complete on the dumper. Installation is expected to take place in March, 1993. All facilities are expected to be operational by November 1, 1993, pending a mild winter. Attached is a summary of the project schedule and status. Respectfully submitted: ~~~ John R. ubbard, P.E. Chief Executive Officer / ~' ~ ! PROJECT STATUS ROANOKE VALLEY RESOURCE AUTHORITY MASTER SCHEDULE SCHEDULE 1992 1993 % J F M A M J J A S 0 N D J F M A M J J A S O N D C WORK ITEMS A E A P A U U U E C O E A E A P A U U U E C 0 E 0 N B R R Y N L G P T V C N B R R Y N L G P T V C M U R C I E Y U T O E E U R C I E Y U T 0 E E P A U H L S E B M M A U H L S E B M M L R A T M E B B R A T M E B 8 E Y R B R E E Y R B R E E T Y E R R Y E R R E R R II LANDFILL RAIL TRANSPORT Rai IS u r P 6 0 Rail Cars 10 Car D um er P 50 BOND PROCEEDS ONLY FINANCIAL STATUS COMPONENT ESTIMATED COSTS ACTUAL TO DATE % TOTAL Landfill 513,083,204 S 778,951 g°,6 Transfer 5,260,614 365,012 7°,6 Transportation 9,000.000 -0- 0°i6 TOTAL S27,343,818 S 1,143,963 4% 12/92 ., A-121592-2 ACTION NO. ITEM NUMBER F - / ~- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 15, 1992 AGENDA ITEM: Request from Parks and Recreation Advisory Commis- sion for Use of County Administration Center COUNTY ADMINISTRATOR' S COMMENTS : Recommend approval, contingent on the completion of the purchase of the Traveler's Building. The staff will bring back a formal plan in January detailing the relocation of recreation programs to the Administration Center. BACKGROUND• The proposed move of the Roanoke County Administrative offices to the Traveler's Building will leave the Roanoke County Admini- stration Center on Brambleton Avenue vacant. The Parks and Recreation Advisory Commission has discussed the possibility of using the Administration Center as a recreation facility, with specific emphasis on programs for senior citizens and teen-agers. The Commission recently voted on the matter, and almost unanimously supported this change. The Vice Chair, Lee Blair, will be present to speak on this matter. The staff also supports this recommendation, as do users of the current senior center at Ogden. Demographic studies indicate that in the next eleven years, the senior adult population in Roanoke County will double to approximately 29,000 citizens over the age of 55. To meet their leisure needs, the Parks and Recreation Advisory Commission recommends that Roanoke County consider replacing the Ogden Center with a larger, more efficient facility in the same geographic area. Several people who currently participate in the programs at Ogden will also be present to speak on this item. The Commission has also recommended that Roanoke County develop more leisure opportunities for teenagers. Through a survey of 4,800 students and group meetings at Roanoke County Middle, Junior High and High Schools, teenagers are requesting that Teen Centers be developed to meet their interests. The Commission and staff endorse this concept. The RCAC building has more than enough room to support these uses, along with better access and parking. The community room would continue to be available for community and governmental use and could also be put back into service as a much needed gymnasium and multi-purpose space for youth basketball leagues, the Therapeu- tic Summer Playground for children with disabilities, dance and exercise programs. The remaining space gained would be used to develop the first Teen Center in Roanoke County and to meet the growth in senior citizen's programming. Additionally, the current voting precinct located at the Administration Center could remain in use by the Registrar's office. The Ogden Center can be sold to reduce the overall number of facilities operated and to provide additional revenue to offset the expenses related to the move to Traveler's. The assessed value for the Center is $378,400. The Board can approve this transaction contingent upon approval of the second reading of the ordinance approving the purchase of the Traveler's Building, which will be heard on this evening's agenda. RECOMMENDATION• That the Board approve the move of operations from the Ogden Center to the RCAC facility in order to establish the first Roanoke County Community Recreation Center and offer for sale the Ogden Center with the proceeds used to offset the cost of moving to the Traveler's Building. This action should be made contingent upon final approval of the purchase of the Traveler's facility. Respectfully submitted, Approved by, ~ , ~~ John M. Cha iss, Jr. Elmer C. Hodge Assistant Administrator County Administrator ----------------------------------------------------------------- Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: Bob L. Johnson motion, amended by Harry N; n ,~ Eddy approve relocation of Ogden Seni~ohnson Center to RCAC, and that staff Kohinke would bring back report detailingMinnix relocation that would include Nickens VOTE No Yes Abs x x x X x Leisure Arts Center cc: File John M. Chambliss, Jr., Assistant Administrator Don C. Myers, Assistant Administrator John Willey, Director, Real Estate Assessment Diane D. Hyatt, Director, Finance Director, Parks & Recreation Department Paul Mahoney, County Attorney c-~ ROANOKE COUNTY PARKS AND RECREATION DEPARTMENT To: The Roanoke County Board of Supervisors From: The Parks and Recreation Advisory Commission Date: December 15, 1992 Based on the past Senior Citizen Center and Teen Center Studies completed by the Commission, on December 10, 1992, the following motion was made, seconded, and a phone vote passed unanimously in favor: Motion: That if the current Roanoke County Administration Center on Brambleton Avenue becomes vacant, the Advisory Commission recommends that it be converted to a Community Recreation Center under the management of the Parks and Recreation Department. We further recommend that the Ogden Senior Citizens Center be sold and its programs and services be moved to the Brambleton Avenue location. Respectively Submitted, Roanoke County Parks and Recreation Advisory Commission By: Lee Blair, Vice Chairman KUK . l..U . U 11L1 I T lltt' I i tL ~ f UJ-Jt5 f -OLJV uc~ i t 'L -- _ ., _ _.~.,. - w _ r_ ~ . :- ROANOKE COUNTY PARKS AND REC1tEATION DgPARTMENT M$MO T0: Anne Marie Green FRAM: Debbie Pitts (~ DATE: December 11, 1992 SUBJECT: Speakers for Board of Supervisors Meeting 1 L J 7 I V U . V V V 1 V L _ -- ,~ _ - a. ~_ ~~/ The following is information on each of the people who have agreed to speak in behalf of the proposed move of the Senior Citizens Program to 3738 Brambleton Avenue: Fred Stephenson 774-0202 z 6608 Merriman Road Roanoke, VA 24018 Ann Shields ~ ~~~~ . ~~,' 989-0172 ~ 464? Summerset Drive Roanoke, VA 24014 ~~ Tony Helm I~ ~- n~ 989-6760 6006 Woodcock Circle Roanoke, VA 24018 ~; Jean Norkus 772-0462 3402 South Park Circle Roanoke, VA 24018 ~_ Lee Blair, Vice Chairman 380-2000 ~ Parks & Recreation Advisory Commission ?713 Old Mill Forest Dr. Roanoke, VA 24018 Vince Joyce, Paet Member 989-6727 Parks & Recreation Advisory Commission ,,. c 8039 Marsh Wren Lane, 3W ~.< ~. ~x # ltoano~e VA 24018 r ~..~~_ _ _ - '_ , ,1._. ~..~ ~rt~-. ~: DP/bb cc: John Chambliss Marcia Patton ~~~ AT A REGIILAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COIINTY, VIRGINIA, HELD AT THE ROANORE COIINTY ADMINISTRATION CENTER ON TIIESDAY, DECEMBER 15, 1992 RESOLIITION 121592-3 OF THE BOARD OF SUPERVISORS OF THE COIINTY OF ROANORE, VIRGINIA AIITHORIZING THE ISSIIANCE AND SALE OF BOND ANTICIPATION NOTES The Board of Supervisors of the County of Roanoke, Virginia (the "County"), adopted a resolution on July 14, 1992, requesting the Circuit Court of the County to order an election to be held on November 3, 1992, on the question of contracting a debt and issuing general obligation capital improvement bonds in the maximum aggregate amount of $17,790,000 ("Bonds"). At an election held on November 3, 1992 (the "Election"), the voters of the County approved the issuance of the Bonds. The Circuit Court of the County entered an order on December 3, 1992, authorizing the Board of Supervisors to carry out the wishes of the voters as expressed at the Election. The Board of Supervisors is authorized by §15.1- 227.29 of the Code of Virginia of 1950, as amended ("Code"), to borrow money and issue notes in anticipation of the issuance and sale of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Authorization of Bonds and Notes and Use of Proceeds. The Board of Supervisors hereby determines that it is advisable to contract a debt and to issue and sell general obligation bond anticipation notes in the maximum aggregate principal amount of $3,700,000 (the "Notes") to be issued in anticipation of the issuance and sale of the Bonds. The issuance and sale of the Notes is hereby authorized. The proceeds of the Notes shall be used to pay a portion of the costs of road improvements or other capital improvements for the County as approved at the Election. The Board of Supervisors elects pursuant to Section 15.1-227.2 of the Code to issue the Bonds and the Notes under the provisions of the Public Finance Act of 1991. 2. Pledge of Full Faith and Credit. The full faith and credit of the County are hereby irrevocably pledged for the payment of the principal of and interest on the Notes as the same become due and payable. The Board of Supervisors shall levy an annual ad valorem tax upon all property in the County, subject to local taxation, sufficient to pay the principal of and interest on the Notes as the same shall become due for payment unless other funds are lawfully available and appropriated for the timely payment thereof . 3. Details of the Notes. The Notes shall be issued upon the terms established pursuant to this Resolution and upon such other terms as may be determined in the manner set forth in this Resolution. The Notes shall be issued in fully registered form, shall be dated January 1, 1993, or such other date as the County Administrator may approve, shall be in the denominations of $5,000 each or whole multiples thereof and shall be numbered from N-1 upwards consecutively. The Notes shall mature on October 15, 1993. The Notes shall bear interest, payable at maturity at such annual rate as the County Administrator shall approve, provided that such interest rate shall not exceed 7$ per annum and shall be issued in -2- such aggregate principal amount as the County Administrator shall approve, provided that such principal amount shall not exceed the maximum amount set forth in paragraph 1. The Notes shall be subject to redemption before maturity at the option of the County in whole only at any time on or after June 30, 1993, without penalty or premium. 4. Form of Notes. The Notes shall be in substantially the form attached to this Resolution as Exhibit A with such appropriate variations, omissions and insertions as are permitted or required by this Resolution or subsequent resolution of the Board of Supervisors. There may be endorsed on the Notes such legend or text as may be necessary or appropriate to conform to any applicable rules and regulations of any governmental authority or any usage or requirement of law with respect thereto. The Finance Director of the County shall determine whether the Notes shall be issued in certificated or book-entry-only form. The following provisions shall apply to the Notes if the Notes are issued in book-entry-only form. The Notes shall be issued in fully registered form and registered in the name of Cede & Co. , a nominee of The Depository Trust Company, New York, New York ("DTC") as registered owner of the Notes and immobilized in the custody of DTC. One fully registered Note in typewritten or printed form for the principal amount of the Notes shall be registered to Cede & Co. Beneficial owners of the Notes shall not receive physical delivery of certificates representing such ownership. Principal and -3- interest payments on the Notes shall be made to DTC or its nominee as registered owner of the Notes on the applicable payment date. Transfer of ownership interest in the Notes shall be made by DTC and its participants (the "Participants"), acting as nominees of the beneficial owners of the Notes in accordance with rules specified by DTC and its Participants. The County shall notify DTC of any notice required to be given pursuant to this Resolution or the Notes not less than fifteen (15) calendar days prior to the date upon which such notice is required to be given. The County shall also comply with the agreements set forth in the County's letter of representations to DTC. Replacement Notes (the "Replacement Notes") shall be issued directly to beneficial owners of the Notes, as appropriate, rather than to DTC or its nominee but only in the event that: (i) DTC determines not to continue to act as securities depository for the Notes; or (ii) The County has advised DTC of its determination that DTC is incapable of discharging its duties; or (iii) The County has determined that it is in the best interest of the County or the beneficial owners of the Notes not to continue the book-entry system of transfer. Upon occurrence of the event described in (i) or (ii) above, the County shall attempt to locate another qualified securities depository. If the County fails to locate another qualified securities depository to replace DTC, the appropriate officers of the County shall execute and deliver Replacement Notes -4- substantially in the form set forth in Exhibit A attached hereto to the Participants. In the event the Board of Supervisors, in its discretion, makes the determination noted in (iii) above and has made provisions to notify the beneficial owners of the Notes by mailing an appropriate notice to DTC, the appropriate officers of the County shall execute and deliver Replacement Notes substantially in the form set forth in Exhibit A attached hereto to any Participants requesting such Replacement Notes. Principal of and interest on the Replacement Notes shall be payable as provided in this Resolution and in the Notes and such Replacement Notes will be transferable in accordance with the provisions of paragraphs 8 and 9 of this Resolution and the Notes. 5. A»UOintment of Bond Registrar and Paying Agent. The County Administrator is authorized and directed to appoint a Registrar and Paying Agent for the Notes, which Registrar and Paying Agent may be an officer of the County. 6. Execution of the Notes. The Chairman and the Clerk of the Board of Supervisors are authorized and directed to execute appropriate negotiable Notes and to affix the seal of the County thereto and to deliver the Notes to the purchaser or purchasers thereof upon payment of the applicable purchase price. The manner of execution and affixation of the seal may be by facsimile, provided, however, that if the signatures of the Chairman and the Clerk are both by facsimile, the Notes shall not be valid until signed at the foot thereof by the manual signature of the Registrar. -5- 7. CUSIP Numbers. The Notes shall have CUSIP identification numbers printed thereon. No such number shall constitute a part of the contract evidenced by the Note on which it is imprinted and no liability shall attach to the County, or any of its officers or agents by reason of such numbers or any use made of such numbers, including any use by the County and any officer or agent of the County, by reason of any inaccuracy, error or omission with respect to such numbers. 8. Registration, Transfer and Exchange. Upon surrender for transfer or exchange of any Note at the principal office of the Registrar, the County shall execute and deliver and the Registrar shall authenticate in the name of the transferee or transferees a new Note or Notes, as appropriate, of any authorized denomination in an aggregate principal amount equal to the security surrendered and of the same form as the security surrendered, subject in each case to such reasonable regulations as the County and the Registrar may prescribe. All Notes presented for transfer or exchange shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in form and substance reasonably satisfactory to the County and the Registrar, duly executed by the registered owner or by his or her duly authorized attorney-in-fact or legal representative. No Note may be registered to bearer. New Notes delivered upon any transfer or exchange shall be valid obligations of the County, evidencing the same debt as the Notes surrendered, shall be secured by this Resolution and entitled -6- to all of the security and benefits hereof to the same extent as the Notes surrendered. 9. Chartres for Exchange or Transfer. No charge shall be made for any exchange or transfer of the Notes, but the County may require payment by the registered owner of any Note of a sum sufficient to cover any tax or other governmental charge which may be imposed with respect to the transfer or exchange of such Note. 10. Non-Arbitra a Certificate and Tax Covenants. The County Administrator and such officers and agents of the County as he may designate are authorized and directed to execute a Non-Arbitrage Certificate and Tax Covenants setting forth the expected use and investment of the proceeds of the Notes and containing such covenants as may be necessary in order to comply with the provisions of the Internal Revenue Code of 1986, as amended ("Code"), including the provisions of Section 148 of the Code and applicable regulations relating to "arbitrage bonds." The Board of Supervisors covenants on behalf of the County that the proceeds from the issuance and sale of the Notes will be invested and expended as set forth in the County's Non-Arbitrage Certificate and Tax Covenants, to be delivered simultaneously with the issuance and delivery of the Notes and that the County shall comply with the other covenants and representations contained therein. il. Disclosure Documents• Sale of Notes. The Notes shall be offered for sale in such manner as the County Administrator may determine to be in the best interests of the County. The County Administrator and the Finance Director, or either of them, and such -7- officers and agents of the County as either of them may designate are hereby authorized and directed to prepare and deliver an appropriate notice of sale, preliminary official statement, official statement and such other offering or disclosure documents as either of them may deem necessary to expedite the sale of the Notes. The County Administrator and the Chairman of the Board of Supervisors, or either of them are authorized and directed to execute such official statement. The notice of sale, preliminary official statement or statements, official statement or statements or other documents shall be published in such publications and distributed in such manner and at such times as the Finance Director shall determine. The Finance Director of the County is authorized and directed to deem the preliminary official statement "final" for purposes of Securities and Exchange Commission Rule 15c2-12. The County Administrator is authorized and directed to accept the bid or proposal for the purchase of the Notes which results in the lowest true interest cost to the County, provided that the interest rate on the Notes does not exceed the maximum rate set forth in paragraph 3. 12. Further Actions. The County Administrator and the Finance Director and such officers and agents of the County as either of them may designate are authorized and directed to take such further action as they deem necessary regarding the issuance and sale of the Notes and all actions taken by such officers and -8- agents in connection with the issuance and sale of the Notes are ratified and confirmed. 13. Filing of Resolution. The County Attorney is authorized and directed to file or cause to be filed a certified copy of this Resolution with the Circuit Court of the County pursuant to Sections 15.1-227.9 and 15.1-227.42 of the Code. 14. Effective Date. This Resolution shall take effect immediately. On motion of Supervisor Eddy to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: Mary H. Allen, CMC, Clerk Roanoke County Board of Supervisors cc: File Bond Counsel Circuit Court Judge Paul M. Mahoney, County Attorney Diane D. Hyatt, Director, Finance Alfred C. Anderson, County Treasurer I hereby certify that the foregoing is a true and correct copy of Resolution 121592-3 adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, December 15, 1992. Mary H. A len, CMC, Clerk Roanoke County Board of Supervisors -9- EXHIBIT A UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA No. N- COUNTY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND ANTICIPATION NOTE, SERIES 1993 MATURITY DATE INTEREST RATE CUSIP REGISTERED OWNER: PRINCIPAL AMOUNT: COUNTY OF ROANOKE, VIRGINIA ("County"), for value received, acknowledges itself indebted and promises to pay to the registered owner of this Note or legal representative, the principal amount stated above on the maturity date set forth above and to pay interest on the principal amount of this Note at the rate specified above per annum, payable on the maturity date specified above. This Note shall bear interest from 1993. Both principal of and interest on this Note are payable in lawful money of the United States of America. The principal of and interest on this Note are payable upon presentation and surrender hereof at the [principal corporate trust] office of , Virginia as Note Registrar and Paying Agent ("Registrar"). This Note has been duly authorized by the Board of Supervisors of the County and is issued for the purpose of financing various public improvements for the County. The full faith and credit of the County are irrevocably pledged for the payment of the principal of and interest on this Note in accordance with its terms. This Note shall not be valid or obligatory for any purpose unless and until authenticated at the foot hereof by the Registrar. Reference is made to the further provisions of this Note set forth on the reverse side hereof and such further provisions shall for all purposes have the same effect as if set forth on the front side hereof. It is hereby certified and recited that all acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to the issuance of this Note have happened, exist or been performed in due time, form and manner as so required and that the indebtedness evidenced by this Note is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia. IN WITNESS WHEREOF, the Board of Supervisors of the County of Roanoke, Virginia, has caused this Note to be signed by the facsimile signature of the Chairman of the Board of Supervisors, a facsimile of its seal to be affixed and attested by the facsimile signature of its Clerk and this Note to be dated , 199 . COUNTY OF ROANOKE, VIRGINIA By Chairman, Board of Supervisors, County of Roanoke, Virginia [SEAL] ATTEST: Clerk, Board of Supervisors County of Roanoke, Virginia -2- [Form of Reverse of Note] This Note is one of a series of $ General Obligation Public Improvement Bond Anticipation Notes, Series 199_ of the County, ("Notes") of like date and tenor, except as to number and denomination issued under the authority of and in full compliance with the Constitution and statutes of the Commonwealth of Virginia, and, more particularly, issued pursuant to the Public Finance Act of 1991, Chapter 5.1 of Title 15.1 of the Code of Virginia of 1950, as amended, and a resolution adopted by the Board of Supervisors on 1992 ("Resolution"). This Note is issued in anticipation of the issuance and sale of the County's general obligation bonds in the maximum aggregate amount of $17,790,000 as approved by the majority vote of the qualified voters of the County voting at an election held on November 3, 1992. This Note is subject to redemption before its stated maturity at the option of the County at any time on or after June 30, 1993, without penalty or premium. The Notes are issuable as fully registered notes in denominations of $5,000 and integral multiples thereof. Any Note may be exchanged for a like aggregate principal amount of Notes of the same maturity of other authorized denominations at the principal office of the Registrar. This Note may be transferred only by an assignment duly executed by the registered owner hereof or such owner's attorney or legal representative in a form satisfactory to the Registrar. Such transfer shall be made in the registration books kept by the Registrar upon presentation and surrender hereof and the County shall execute, and the Registrar shall authenticate and deliver in exchange, a new Note or Notes having an equal aggregate principal amount, in authorized denominations, of the same form and maturity, bearing interest at the same rate, and registered in names as requested by the then registered owner hereof or such owner's attorney or legal representative. Any such exchange shall be at the expense of the County, except that the Registrar may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Registrar shall treat the registered owner as the person exclusively entitled to payment of principal and interest and the exercise of all other rights and powers of the owner. -3- ASSIGNMENT FOR VALUE RECEIVED, transfers unto the undersigned sells, assigns and (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE. OF ASSIGNEE) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: the within Note and does hereby irrevocably constitute and appoint attorney, to transfer said Note on the books kept for registration of said Note, with full power of substitution in the premises. Dated Signature Guaranteed: (NOTICE: Signature(s) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company.) Registered Owner (NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the books kept for registration of this Note in every particular, without alteration or change.) -4- CERTIFICATE OF AUTHENTICATION The undersigned Registrar hereby certifies that this is one of a series of Notes of the County of Roanoke, Virginia described in the within-mentioned Resolution. Authentication Date: By: Its: Authorized Officer CERTIFICATE OF THE CLERK OF THE BOARD OF SUPERVISORS THE COUNTY OF ROANOKE, VIRGINIA At a regular meeting of the Board of Supervisors of the County of Roanoke, Virginia, held on the 15th day of December, 1992, the following member of the Board of Supervisors were recorded as present or absent as shown below: PRESENT: Chairman Lee B. Eddy Vice Chairman Edward G. Kohinke Supervisor Bob L. Johnson Supervisor H. Odell Minnix Supervisor Harry C. Nickens On motion by Supervisor Eddy, the foregoing Resolution was adopted by a majority of the members of the Board of Supervisors by a roll call vote, the votes being recorded as follows: MEMBER Supervisor Johnson Supervisor Kohinke Supervisor Minnix Supervisor Nickens Supervisor Eddy Dated: December 16, 1992 VOTE Aye Aye Aye Aye Aye Clerk, Board of Supervisors of the County of Roanoke, Virginia W:~ROANK~ROANK020.RSO ACTION NO. ITEM NUMBER ~.. ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 15, 1992 AGENDA ITEM: Approval of Resolution to Issue Bond Anticipation Notes for Recent Bond Projects and transfer of funds for Land Acquisition COUNTY ADMINISTRATOR'S COMMENTS: ~ ~ ~~~.~ `~ BACKGROUND: In November 1992, the voters of Roanoke County approved the sale of $17,790,000 of general obligation bonds for certain School and County projects. The sale of these bonds was to be scheduled in August 1993, so that the debt payments could be funded from the debt drop-off of our existing outstanding bonds. Attached is a copy of preliminary timetables for the projects. SUMMARY OF INFORMATION: On December 1, 1992, the Board of Supervisors conducted a work session on the projects that are to be included in this general obligation bond issue. In order to make the most efficient use of time, there are certain of these expenditures that need to be made between January 1993 and the sale of these general obligation bonds in August 1993. As shown on the attached schedule, the County will need to issue $3,700,000 in bond anticipation notes for this short time period. The interest expense on this issue will be paid from the proceeds from the general obligation bonds. The attached resolution authorizes the County Administrator to receive bids for the short term borrowing and to accept the most favorable bid. The proposed bond projects include $750,000 for a new Cave Spring High School site in the County portion of the bonds (of which $500,000 is included in the temporary borrowing). On December 10, 1992 the School Board approved the purchase of a parcel of land for this project. Since this parcel of land will be purchased in the name of the County School Board it will be necessary to appropriate $275,000, to cover this purchase and related expenses, from the County portion of the bond projects to the School portion of the bond projects. ,.~ .~+ FiS(''AL IMPACT: The interest expense ~on this short term borrowing will be paid from the proceeds of the general obligation bonds. STAFF RECOMMENDATION: 1) Staff recommends adopting the attached resolution. 2) Staff recommends appropriating $275,000 from the County portion of the Bonds to the School portion of the Bonds for the purchase of land for the new high school site. Respectfully subtted, ~~ ~~ ~~ ~w ~" - ~_~~: ~~ Diane D. Hyatt Director of Finance Approved by, ~ s ~ ~' ~: ~~ ~l~ Elmer C. Hodge County Administrator ACTION VOTE Approved () Motion by: No Yes Abs Denied () Eddy - - - Received () Johnson - _ - Referred () Kohinke - _ - To () Minnix - - - Nickens - _ - r W Z f-~' o O~ 20 ~ m Q } J W 1Z J V Z Q O Z_ U ~ ~ O CA > m p Z ~ W m F- F'_ C7 ~ ~ ~ ~ ~ O ~ ~ Q Z F- OLL O ~ U U H z a _J ~ Q rn ~ Q S U Q m W z S 0 0 0 0 0 0 0 0 O N ~ ~ N S O t A M N to h O t9 O i9 O O O ~ _ fA O O O O O O O v 0 o O ~ 0 O O O O ~ '~ N N O 0 0 0 ° ° ° o o o ` ° ° a a o n _ In N fA 8 0 0 0 0 0~ O O O O O O O O Q 0 0 0 ~ $ ~ S~S L.,, O O O 8 r O O O O T O QO V O O 0 0 O O O O O O O O 0 c~ O O O O O O O ~ O O .-. 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At an election held on November 3, 1992 (the "Election"), the voters of the County approved the issuance of the Bonds. The Circuit Court of the County entered an order on December 3, 1992, authorizing the Board of Supervisors to carry out the wishes of the voters as expressed at the Election. The Board of Supervisors is authorized by §15.1-227.29 of the Code of Virginia of 1950, as amended ("Code"), to borrow money and issue notes in anticipation ~~ of the issuance and sale of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Authorization of Bonds and Notes and Use of Proceeds. The Board of Supervisors hereby determines that it is advisable to contract a debt and to issue and sell general obligation bond anticipation notes in the maximum aggregate principal amount of $3,700,000 (the "Notes") to be issued in anticipation of the issuance and sale of the Bonds. The issuance and sale of the Notes is hereby authorized. ~ -~- The proceeds of the Notes shall be used to pay a portion of the costs of road improvements or other capital improvements for the County as approved at the Election. The Board of Supervisors elects pursuant to Section 15.1- 227.2 of the Code to issue the Bonds and the Notes under the provisions of the Public Finance Act of 1991. 2. Pledge of Full Faith and Credit. The full faith and credit of the County are hereby irrevocably pledged for the payment of the principal of and interest on the Notes as the same become due and payable. The Board of Supervisors shall levy an annual ad valorem tax upon all property in the County, subject to local taxation, sufficient to pay the principal of and interest on the Notes as the same shall become due for payment unless other funds are lawfully available and appropriated for the timely payment thereof. 3. Letails of the Notes. The Notes shall be issued upon the terms established pursuant to this Resolution and upon such other terms as may be determined in the manner set forth in this Resolution. The Notes shall be issued in fully registered form, shall be dated January 1, 1993, or such other date as the County Administrator may approve, shall be in the denominations of $5,000 each or whole multiples thereof and shall be numbered from N-1 upwards consecutively. The Notes shall mature on October 15, 1993. The Notes shall bear interest, payable at maturity at such annual rate as the County Administrator shall approve, provided that such interest rate shall not exceed 7% per annum and shall -2- E -.Z be issued in such aggregate principal amount as the County Administrator shall approve, provided that such principal amount shall not exceed the maximum. amount set forth in paragraph 1. The Notes shall be subject to redemption before maturity at the option of the County in whole only at any time on or after June 30, 1993, without penalty or premium. 4. Form of Notes. The Notes shall be in substantially the form attached to this Resolution as Exhibit A with such appropriate variations, omissions and insertions as are permitted or required by this Resolution or subsequent resolution of the Board of Supervisors. There may be endorsed on the Notes such legend or text as may be necessary or appropriate to conform to any applicable rules and regulations of any governmental authority or any usage or requirement of law with respect thereto. The F~~nance Director of the County shall determine whether the Notes shall be issued in certificated or book-entry-only form. The following provisions shall apply to the Notes if the Notes are issued in book-entry-only form. The Notes shall be issued in fully registered form and registered in the name of Cede & Co., a nominee of The Depository Trust Company, New York, New York ("DTC") as registered owner of the Notes and immobilized in the custody of DTC. One fully registered Note in typewritten or printed form for the principal amount of the Notes shall be registered to Cede & Co. Beneficial owners of the Notes shall not receive physical delivery of certificates representing such -3- W J ownership. Principal and interest payments on the Notes shall be made to DTC or its nominee as registered owner of the Notes on the applicable payment date. Transfer of ownership interest in the Notes shall be made by DTC and its participants (the "Participants"), acting as nominees of the beneficial owners of the Notes in accordance with rules specified by DTC and its Participants. The County shall notify DTC of any notice required to be given pursuant to this Resolution or the Notes not less than fifteen (15) calendar days prior to the date upon which such notice is required to be given. The County shall also comply with the agreements set forth in the County's letter of representations to DTC. Replacement Notes (the "Replacement Notes") shall be issued directly to beneficial owners of the Notes, as appropriate, rather than to DTC or its nominee but only in the event that: (i) DTC determines not to continue to act as securities depository for the Notes; or (ii) The County has advised DTC of its determination that DTC is incapable of discharging its duties; or (iii) The County has determined that it is in the best interest of the County or the beneficial owners of the Notes not to continue the book-entry system of transfer. Upon occurrence of the event described in (i) or (ii) above, the County shall attempt to locate another qualified securities depository. If the County fails to locate another qualified securities depository to replace DTC, the appropriate officers of -4- the County shall execute and deliver~Replacement Notes substantially in the form set forth in Exhibit A attached hereto to the Participants. In the event the Board of Supervisors, in its discretion, makes the determination noted in (iii) above and has made provisions to notify the beneficial owners of the Notes by mailing an appropriate notice to DTC, the appropriate officers of the County shall execute and deliver Replacement Notes substantially in the form set forth in Exhibit A attached hereto to any Participants requesting such Replacement Notes. Principal of and interest on the Replacement Notes shall be payable as provided in this Resolution and in the Notes and such Replacement Notes will be transferable in accordance with the provisions of paragraphs S and 9 of this Resolution and the Notes. 5. Appointment of Bond Registrar and Paving Accent. The ' County Administrator is authorized and directed to appoint a Registrar,~and Paying Agent for the Notes, which Registrar and Paying Agent may be an officer of the County. 6. Execution of the Notes. The Chairman and the Clerk of the Board of Supervisors are authorized and directed to execute appropriate negotiable Notes and to affix the seal of the County thereto and to deliver the Notes to the purchaser or purchasers thereof upon payment of the applicable purchase price. The manner of execution and affixation of the seal may be by facsimile, provided, however, that if the signatures of the Chairman and the Clerk are both by facsimile, the Notes shall not -5- LC~-°-. e~ be valid until signed at the foot thereof by the manual signature of the Registrar. 7. CUSIP Numbers. The Notes shall have CUSIP identification numbers printed thereon. No such number shall constitute a part of the contract evidenced by the Note on which it is imprinted and no liability shall attach to the County, or any of its officers or agents by reason of such numbers or any use made of such numbers, including any use by the County and any officer or agent of the County, by reason of any inaccuracy, error or omission with respect to such numbers. S. Registration Transfer and Exchange. Upon surrender for transfer or exchange of any Note at the principal office of the Registrar, the County shall execute and deliver and the Registrar shall authenticate in the name of the transferee or transferees a new Note or Notes, as appropriate, of any authorizea~denomination in an aggregate principal amount equal to the security surrendered and of the same form as the security surrendered, subject in each case to such reasonable regulations as the County and the Registrar may prescribe. All Notes presented for transfer or exchange shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in form and substance reasonably satisfactory to the County and the Registrar, duly executed by the registered owner or by his or her duly authorized attorney-in-fact or legal representative. No Note may be registered to bearer. -6- ,~, w°' .~ New Notes delivered upon any transfer or exchange shall be valid obligations of the County, evidencing the same debt as the Notes surrendered, shall be secured by this Resolution and entitled to all of the security and benefits hereof to the same extent as the Notes surrendered. 9. Charges for Exchange or Transfer. No charge shall be made for any exchange or transfer of the Notes, but the County may require payment by the registered owner of any Note of a sum sufficient to cover any tax or other governmental charge which may be imposed with respect to the transfer or exchange of such Note. 10. Non-Arbitrage Certificate and Tax Covenants. The County Administrator and such officers and agents of the County as he may designate are authorized and directed to execute a Non- Arbitrage Certificate and Tax Covenants setting forth the expected use and investment of the proceeds of the Notes and containing such covenants as may be necessary in order to comply with the provisions of the Internal Revenue Code of 1986, as amended ("Code"), including the provisions of Section 148 of the Code and applicable regulations relating to "arbitrage bonds." The Board of Supervisors covenants on behalf of the County that the proceeds from the issuance and sale of the Notes will be invested and expended as set forth in the County's Non-Arbitrage Certificate and Tax Covenants, to be delivered simultaneously with the issuance and delivery of the Notes and-that the County -7- ~"'"` ~.. shall comply with the other covenants and representations contained therein. 11. Disclosure Documents: Sale_of Notes. The Notes shall be offered for sale in such manner as the County Administrator may determine to be in the best interests of the County. The County Administrator and the Finance Director, or either of them, and such officers and agents of the County as either of them may designate are hereby authorized and directed to prepare and deliver an appropriate notice of sale, preliminary official statement, official statement and such other offering or disclosure documents as either of them may deem necessary to expedite the sale of the Notes. The County Administrator and the Chairman of the Board of Supervisors, or either of them are authorized and directed to execute such official statement. The notice of sale, preliminary official statement or statements, official statement or statements or other documents shall be published in such publications and distributed in such manner and at such times as the Finance Director shall determine. The Finance Director of the County is authorized and directed to deem the preliminary official statement "final" for purposes of Securities and Exchange Commission Rule 15c2-12. The County Administrator is authorized and directed to accept the bid or proposal for the purchase of the Notes which results in the lowest true interest cost to the County, provided that the interest rate on the Notes does not exceed the maximum rate set forth in paragraph 3. -8- •L - .L. EXHIBIT A UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA No. N- COUNTY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND ANTICIPATION NOTE, SERIES 1993 MATURITY DATE INTEREST RATE CUSIP REGISTERED OWNER: PRINCIPAL AMOUNT: COUNTY OF ROANOKE, VIRGINIA ("County"), for value received, acknowledges itself indebted and promises to pay to the registered owner of this Note or legal representative, the principal amount stated above on the maturity date set forth above and to pay interest on the principal amount of this Note at the rate specified above per annum, payable on the maturity date specified above. This Note shall bear interest from 1993. Both principal of and interest on this Note are payable in lawful money of the United States of America. The principal of and interest on this Note are payable upon presentation and surrender hereof at the [principal corporate trust] office of Virginia as Note Registrar and Paying Agent ("Registrar"). This Note has been duly authorized by the Board of Supervisors of the County and is issued for the purpose of financing various public improvements for the County. The full faith and credit of the County are irrevocably pledged for the payment of the principal of and interest on this Note in accordance with its terms. This Note shall not be valid or obligatory for any purpose unless and until authenticated at the foot hereof by the Registrar. Reference is made to the further provisions of this Note set forth on the reverse side hereof and such further provisions shall for all purposes have the same effect as if set forth on the front side hereof. It is hereby certified and recited that all acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to the issuance of this Note have happened, exist or been performed in due time, form and manner as so required and that the indebtedness evidenced by and other limit prescribed by the the Commonwealth of Virginia. IN WITNESS WHEREOF, t of Roanoke, Virginia, has facsimile signature of the a facsimile of its seal to facsimile signature of its 199_. this Note is within every debt Constitution and statutes of he Board of Supervisors of the County caused this Note to be signed by the Chairman of the Board of Supervisors, be affixed and attested by the Clerk and this Note to be dated COUNTY OF ROANOKE, VIRGINIA By Chairman, Board of Supervisors, County of Roanoke, Virginia [SEAL] ATTEST: Clerk, Board of Supervisors County of Roanoke, Virginia .~ -2- [Form of Reverse of Note] This Note is one of a series of $ General Obligation Public Improvement Bond Anticipation Notes, Series 199_ of the County, ("Notes") of like date and tenor, except as to number and denomination issued under the authority of and in full compliance with the Constitution and statutes of the Commonwealth of Virginia, and, more particularly, issued pursuant to the Public Finance Act of 1991, Chapter 5.1 of Title 15.1 of the Code of Virginia of 1950, as amended, and a resolution adopted by the Board of Supervisors on 1992 ("Resolution"). This Note is issued in anticipation of the issuance and sale of the County's general obligation bonds in the maximum aggregate amount of $17,790,000 as approved by the majority vote of the qualified voters of the County voting at an election held on November 3, 1992. This Note is subject to redemption before its stated maturity at the option of the County at any time on or after June 30, 1993, without penalty or premium. The Notes are issuable as fully registered notes in denominations of $5,000 and integral multiples thereof. Any Note may be exchanged for a like aggregate principal amount of Notes of the same maturity of other authorized denominations at the principal office of the Registrar. This Note may be transferred only by an assignment duly executed by the registered owner hereof or such owner's attorney or legal representative in a form satisfactory to the Registrar. Such transfer shall be made in the registration books kept by the Registrar upon presentation and surrender hereof and the County shall execute, and the Registrar shall authenticate and deliver in exchange, a new Note or Notes having an equal aggregate principal amount, in authorized denominations, of the same form and maturity, bearing interest at the same rate, and registered in names as requested by the then registered owner hereof or such owner's attorney or legal representative. Any such exchange shall be at the expense of the County, except that the Registrar may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Registrar shall treat the registered owner as the person exclusively entitled to payment of principal and interest and the exercise of all other rights and powers of the owner. -3- ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CUll~. OF ASSIGNEE) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: the within Note and does hereby irrevocably constitute and appoint attorney, to transfer said Note on the books kept for registration of said Note, with full power of substitution in the premises_ Dated Signature Guaranteed: (NOTICE : ~~ignature (s ) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company.) Registered Owner (NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the books kept for registration of this Note in every particular, without alteration or change.) -4- .~~~-- CERTIFICATE OF AUTHENTICATION The undersigned Registrar hereby certifies that this is one of a series of Notes of the County of Roanoke, Virginia described in the within-mentioned Resolution. Authentication Date: By: Its: Authorized Officer i ~~ 12. Further Actions. The County Administrator and the Finance Director and such officers and agents of the County as either of them may designate are authorized and directed to take such further action as they deem necessary regarding the issuance and sale of the Notes and all actions taken by such officers and agents in connection with the issuance and sale of the Notes are ratified and confirmed. 13. Filing of Resolution. The County Attorney is authorized and directed to file or cause to be filed a certified copy of this Resolution with the Circuit Court of the County pursuant to Sections 15.1-227.9 and 15.1-227.42 of the Code. 14. Effective Date. This Resolution shall take effect immediately. -9- ACTION # A-121592-4 ITEM NUMBER ~~ 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 15, 1992 AGENDA ITEM: Appropriation to Fund Engineering Consultant Relative to Cost Allocation of Upgrade for the Regional Wastewater Treatment Facilities COUNTY ADMINISTRATOR' S COMMENTS : C~~,~^~~~.,~.~Y~~Y~"~~~'`'~~ BACKGROUND• Representatives from the City of Salem, Botetourt County, Roanoke County and Vinton met to discuss the basis on which they would negotiate an equable cost sharing agreement with the City of Roanoke for the upgrade of the City owned Regional Wastewater Treatment Facility. The representatives decided to hire a qualified engineering consultant who could give them unbiased advice in the matter. SUMMARY OF INFORMATION: Roanoke County agreed to advertise and select a qualified engineering consultant that had not previously worked for any of the municipalities involved in the negotiation. After advertisement and interview, the firm of Finkbeiner, Pettis and Strout (FPS) was selected. Representatives from the four municipalities then met to discuss the scope of work with the engineer. A contract on an hourly fee basis not to exceed $25,000 was executed with FPS. The contract is between Roanoke County and FPS. Roanoke County will pay the engineer and bill the other municipalities for their appropriate share. Each of the four municipalities will pay a percentage of the engineering fee based on their relative percentage use of the wastewater treatment plant. The Roanoke County share will not exceed $13,000. FISCAL IMPACT• Funds are available from the unused money in the Starkey Sewer Pump Station Project. x RECOMMENDATION' °-~' Staff recommends that the Board of Supervisors appropriate $13,000 from the money available within the Starkey Sewer Pump Station Project to fund the Consultant Engineering Contract with FPS. SUBMITTED BY: APPROVED: Clifford , P.E. Elmer C. Hodge Utility Director County Administrator ACTYON VOTE Approved (x) Motion by: Bob L. Johnson No Yes Denied ( ) motion to approve appropriatio~~ddy x Received ( ) of funds Johnson x Referred Kohinke x to Minnix x Nickens x cc: File Clifford Craig, Utility Director Diane Hyatt, Director, Finance Reta Busher,, Director, Management & Budget Abs f ACTION # A-121592-5 ITEM NUMBER ~- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 15, 1992 AGENDA ITEM: Sanitary Sewer Evaluation/Rehabilitation Program (SSE/R) - Private Property Inspection COUNTY ADMINIS RATOR' S COMMENTS : ,,~~,~!~^-~~ ~'`~~ BACKGROUND• After the work session on the subject matter held on July 14, 1992, the Board of Supervisors authorized staff to begin the private property inspection portion of the SSE/R Program. The Board directed staff not to take any enforcement action and to report back after 90 days for further direction in this matter. SUNIlKARY OF INFORMATION: The private property inspection portion of the SSE/R Program was started in the Penn Forest area because this is the first area to have the public portion of the SSE/R Program started. The inspections are accomplished on a street by street basis starting at the highest elevation and working down to the lowest elevation. This report includes inspections on Oriole Lane, Chaparral Drive, Flamingo Drive, Mallard Drive, Bobolink Lane and Wood Warbler Lane. Notices to the first group of property owners were sent on August 18, 1992. The installation of cleanouts and property inspection was started on August 31, 1992 after authorization for internal inspection was received. Due to the small area involved in this 90-day program, a great deal of time was lost scheduling a convenient time with the homeowner to do the internal inspections. 1 r ~ E-~ As of December 1, 1992, the following has been accomplished: Notification letters sent to homeowner 73 Authorization received from homeowner 56 Cleanouts installed 53 Inside/outside inspections completed 50 Dye injection test 38 Properties completed 37 Inspections with no problems found 21 Inspection with problems noted 16 The 16 homes with problems can be classified as follows: ° Six would contribute negligible amount of water into the sewer from small leaks in basement walls and are of no concern. Ten homes would require some correction. ° Two would contribute less than 20 gallons per day into the sewer from minor leaks in the basement walls. < $100 to correct ° Three would contribute from 20 to 100 gallons per day into the sewer from leaks in the basement walls. < $250 to correct ° Two would contribute about 500 gallons per day into the sewer from leaks under the basement door. < $1,000 to correct ° Two would contribute about 1,000 gallons per day into the sewer from the areaway drain. $500 - $5,000 to correct ° One would contribute greater than 1,000 gallons per day into the sewer from large cracks in the floor. $5,000 - $8,000 to correct The following can be observed from the inspections conducted during this period: (1) The average sewer flow from all sewer connections in Roanoke County is 345 gallons per day per connection including all infiltration. (2) The infiltration/inflow indicated for the above 10 homes with 20 gallons per day or greater was calculated assuming heavy rainfall on dry ground. For periods of extended rainfall or at times of high groundwater from saturated soil, the infiltration/inflow from these 10 homes would be much greater. (3) The above inspections were conducted in the higher elevation portion of the study area which are less subject to high groundwater or drainage run-off and should have the lowest level of I/I. 2 E-'~ (4) Most of the laterals that are in the public right-of-way (maintained by the County) are six inch. The private laterals are four inch. Many of the connections between the four inch and six inch laterals were poorly constructed and would allow infiltration of groundwater at the connecting joint. Part of the County inspection includes installing a cleanout at the property line which is the same point that the six inch/four inch connection was made. Therefore, the installation of the cleanout replaces these leaking joints and stops the associated infiltration. (5) If the above I/I were representative, the total I/I from this section of Penn Forest would be about 50,000 gallons per day for a heavy rainfall and two to five times that amount during flooding periods. This condition would cause surcharging of the sewer lines and minor sewer backup in low areas during peak usage periods. This same excessive I/I County-wide would result in 1,600,000 gallons per day of I/I from the private sewer facilities alone. Conditions that cause the I/I from the above 10 homes: (1) The major cause of the I/I is poor grading of the yard and driveway areas of the property. The yard and driveway direct rainfall toward house. (2) Several homes had I/I due to lack of minor maintenance. Plugged downspout allowing water to flow to areaway drain and then to sewer. One house had areaway drain run to a sump pump that discharged properly to the surface. The areaway drain line to the sump pump is plugged and the water runs under the door, into the floor drain and then to the sewer. This house also has no spouting. (3) The most serious I/I is from a house that apparently does not have a functioning foundation drain. The basement floor has large cracks that allow groundwater to freely flow into the sewer. Estimated cost to correct conditions causing I/I A detailed cost for each of the 10 homes has not been made. The range of correction cost varies from less than $100 to correct plugged lines to about $8,000 to correct the grading and foundation problems of the most serious property. RECOMMENDATION' Staff recommends that the Board of Supervisors authorize the continuation of the private portion of the SSE/R Program. Staff further recommends that the Board of Supervisors authorize staff to require property owners to correct the cause of excessive I/I from their property within nine months of notification that such corrections are required. 3 r SUBMITTED BY: Clifford ai P.E. Utility Director APPROVED : ~~ Elmer C. Ho e County Administrator ACTION VOTE Approved (x) Motion by: Harry C. Nickens No Yes Abs Denied ( ) motion to ap prove continuatioDddy x Received ( ) of private p roperty SSE/R Johnson x Referred Program and staff bring back Kohinke x to options on p enalties for Minnix x violations Nickens x cc: File Clifford Craig, Utility Director ~Illlllllilllllllllllllllllliillllllllliilllllllllllllllllllllllll~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~~jJ __ _ _ AGENDA ITEM NO. c' __ APPE CE RE VEST , ° '~ Q C~t~Ze~ __ Gd m r~ .~r,'~SC PUBLIC HEARING ORDINANCE v~CITIZENS COMMENTS __ SUBJECT: :~ :S~,~' '.~'id~' ~C~i ~ilc~:'~~~ I would like the Chairman of the Board of Su erv' p isors 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 c FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED BELOW: c ^ Each s Baker will be iven between three to five minutes to comment whethe P speaking as an individual or representative. The Chairman will - decide the time limit based on the number of citizens speakin on an issue, c and will enforce the rule unless instructed by the majority of~the Board to __ do otherwise. _ ^ Speaker will be limited to a presentation of their point of view only. Questions of clarification may be entertained 6y the Chairman. - ^ All comments must be directed to the Board. Debate between arecognized 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 _ vnth the clerk. _ o ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP c ALLOWING THE INDIVIDUAL TO REPRESENT THEM. -_ _ PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK - _ v fillilillltllllllllliilliililllllllllllliillllillllllllllllilillllllillillliliilllllllillllllliilllllllllilllllllllliillllllllllllm 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: December 15, 1992 AGENDA ITEM: Requests for Public Hearing and First Reading for Rezoning Ordinances Consent Agenda COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND' The first reading on these ordinances is accomplished by adoption of these ordinances in the manner of consent agenda items. The adoption of these items does not imply approval of the substantive content of the requested zoning actions, rather approval satisfies the procedural requirements of the County Charter and schedules the required public hearing and second reading of these ordinances. The second reading and public hearing on these ordinances is scheduled for January 26, 1993. The titles of these ordinances are as follows: 1. An ordinance authorizing a Special Use Permit to allow summer concerts, located in Valleypointe, Hollins Magisterial District, upon the petition of The Easter Seal Society of VA, Inc. MAPS ARE ATTACHED; MORE DETAILED INFORMATION IS AVAILABLE IN THE CLERR~S OFFICE. 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 January 26, 1993. H-I (2) That this section of the agenda be, and hereby is, approved and concurred in as to each item separately set forth as Item 1, 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, ~.: Paul M. Mahoney ~ County Attorney Action Approved ( ) Denied ( ) Received ( ) Referred to Motion by Eddy Johnson Kohinke Minnix Nickens Vote No Yes Abs -•- ROANOKE COUNTY APPLICATION FOR SPECIAL - USE µ-i The Easter Seal Society of Va., Inc. 1. Applicant's Name: Susan S. Knight, Vice President Phone: 703-362-1656 Address: 4841 Williamson Road, P. 0. Box 5496 Roanoke VA Zip: 24012 2. Property owner's name LinQerfelt Development Corporation (Valleypointe Corporate Center) Address: 5238 Valleypark Drive, Suite lA Phone: 366-7217 Roanoke, VA Zip: 24019 3. Location of Property: Lot ~~2 Valleypointe Corporate Center Roanoke, VA 24019 Size of property 51 acres/sq.ft. Phase I of total development Size of proposed special exception use 2.4 acres/sq.ft. 4 . Tax Map # : Part of 37.07-1-14 Old Tax Map # 5. Zoning Classification: M-1C 6. Magisterial District Location: Hollins 7. Existing Land Use: Corporate Business; Mix Use Industrial Park 8. Proposed Special Use: Summer Concert Series: April- to September, 1993 Outdoor use on Thursday evenings 9. Comprehensive Plan Designation: Principle industrial 10. Proposed Annual Gross Revenue: $200,000 Value of Land Value of Proposed Buildings Value of Machinery & Tools Number to be Employed 11. Check Completed Items: ~_ 8~" x 11" plot plan g Consultation ~_ List of adjacent property owners g Letter of Application X Filing fee made payable to "County of Roanoke" $1,875 Special Use Permit for sanitary fill method garbage and refuse site $40 All other Special '~ Uses 12. Date of Application: 13. Applicant's Signature NORTH ~ ~-811 2.8 AC. ROgp ~v' • VALLEYPOINTE PHASE I u~i W z r/ ® 0 3.1 AC. 3.0 AC. -- RESEARCH ROAD +O ® 2.3 AC. 2.1 AC. 4.l AC. - - ~ ©'. ~ 2.3 AC. 2.1 AC. o _ ~ b.8 AC. O ~ - ~ \ ~ y z 4.8 AC. 53 AC. g , 1 ~ : l .o Ac. Z.4 AC. , `ter' • • u~A / UKrv 0.9 AC. 1 ;. 2.7 AC. 2.4 AC. r _ s-- - -I ---- i i ~-- ---~ O -~ 3.0 AC. i r-~ ~_~ I I ~ I I I I I I I I I I_ J r"', l L~ I I r~ I ~vJ A PLANNED CORPORATE ENVIRONMENT Sites in phase I totaling 51 acres in Valleypointe are now available for purchase, lease or build-to-suit, designed to meet the individual needs of each company. Valleypointe, located in Roanoke County, is the largest planned corporate environment in southwestern Virginia. The total site is 250 acres, fronting two miles on Interstates 581 and 81 and is immediately adjacent to Roanoke Regional Airport. For details, contact Lingerfelt Development Corporation. A Quality Development Of: ~ LINGERFELT DEVELOPMENT CORPORATION • 12 South Third Street Richmond, Virginia 23219 LINGERFELT 18041 644-9 1 1 1 J.2A PETERS CREEK ROAD THIRLANE ROAD ROANOKE REGIONAL AIRPORT \~ ~~ ~` '~~T o- a µ-! taaarlr~ot~ ^~ f~~ ~,~ D ~ ~'a .rX/g`s.~ n ~ ~~ `C,. l..! q~ p~ a~ 1\l 4P ~G ~d ~'. 0 a as ~~ 4 v ~ ~~ s ~~o- x 0 x W w C7C~ a w a %. w ~~ '^~ S v V a J ~~ G kt ~~ a ~9~- ~ ~o d~ `~~ - - -o // ACTION NUMBER ITEM NUMBER '3~- *'~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 15, 1992 SUBJECT: Appointments to Committees, Commissions and Boards COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Library Board Four-year term of Carolyn Pence, Vinton District, will expire 12/31/92. Ms. Pence has served two consecutive terms and is not eligible for reappointment. 2. Mental Health Service of the Roanoke Valley Community Services Board Three-year term of Cheri Hartman, Member at Large, will expire 12/31/92. This is a joint appointment with the Counties of Botetourt and Craig, the Cities of Roanoke and Salem and the Town of Vinton. Executive Director Dr. Fred Roessel advises that the Board will meet in December and make a recommendation for an appointment. The participating localities may then ratify this appointment. SUBMITTED BY: Mary H. len Clerk to the Board APPROVED BY: Elmer C. Hodge County Administrator " i-~ ---------------------------------------------------------------- ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Eddy Received ( ) Johnson Referred ( ) Kohinke To ( ) Minnix Nickens i ~ l-~ l - / ~, AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 15, 1992 RESOLUTION 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 December 15, 1992, 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 12, inclusive, as follows: 1. Approval of Minutes - October 27, 1992, November 17, 1992. 2. Confirmation of Committee Appointment to the Roanoke County Planning Commission. 3. Acknowledgement of Acceptance of 0.20 Miles of Larson Lane and 0.20 Miles of Larson Oaks Drive into the Virginia Department of Transportation Secondary System. 4. Authorization to Pay Certain Legal Fees regarding Litigation with Grumman Emergency Products, Inc. 5. Recommendation to appoint the County Administrator as Director of Emergency Services and Realignment of Emergency Management Staff. 6. Approval of a Raffle Permit for 1993 from the Women of the Moose Roanoke Chapter #1022. 7. Donation of a Drainage Easement in Connection with Carriage Hills Drive in Section 4, Carriage Hills Subdivision from Louis W. & JoAnn M. Komosa. 8. Donation of a Drainage Easement in Connection with the Balsam Drive Drainage Project. 9. Acceptance of Sanitary Sewer Facilities Serving Emerald Court Subdivision. 10. Acceptance of Water and Sanitary Sewer Facilities Serving the Village, Phase II. il. Acceptance of Water and Sanitary Sewer Facilities Serving Woodbridge, Section 12. 12. Request for Appropriation of Funds for Wooded Acres Water System. 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. k R - 3 AT A REGIILAR MEETING OF THE BOARD OF SIIPERVISORB OF ROANORE COIINTY, VIRGINIA, HELD AT THE ROANORE COIINTY ADMINISTRATION CENTER ON TIIESDAY, DECEMBER 15, 1992 RESOLIITION 121592-6 APPROVING AND CONCIIRRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SIIPERVISORS 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 December 15, 1992, 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 13,inclusive, as follows: 1. Approval of Minutes - October 27, 1992, November 17, 1992. 2. Confirmation of Committee Appointment to the Roanoke County Planning Commission. 3. Acknowledgement of Acceptance of 0.20 Miles of Larson Lane and 0.20 Miles of Larson Oaks Drive into the Virginia Department of Transportation Secondary System. 4. Authorization to Pay Certain Legal Fees regarding Litigation with Grumman Emergency Products, Inc. 5. Recommendation to appoint the County Administrator as Director of Emergency Services and Realignment of Emergency Management Staff. 6. Approval of a Raffle Permit for 1993 from the Women of the Moose Roanoke Chapter #1022. 7. Donation of a Drainage Easement in Connection with Carriage Hills Drive in Section 4, Carriage Hills Subdivision from Louis W. & JoAnn M. Komosa. 8. Donation of a Drainage Easement in Connection with the Balsam Drive Drainage Project. 9. Acceptance of Sanitary Sewer Facilities Serving Emerald Court Subdivision. 10. Acceptance of Water and Sanitary Sewer Facilities Serving the Village, Phase II. 11. Acceptance of Water and Sanitary Sewer Facilities Serving Woodbridge, Section 12. 12. Request for Appropriation of Funds for Wooded Acres Water System. 13. Approval of Raffle Permit and 50/50 Raffle Permit from Roanoke County School Food Service Chapter 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Nickens with the addition of item 13 and items 3 and 4 removed for separate votes, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None Item 3 on motion of Supervisor Eddy, and carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Nickens, Eddy NAYS: None ABSTAIN: Supervisor Johnson Item 4 on motion of Supervisor Nickens, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: `~~2.ct~~-- ~ Mary H.~ Allen, CMC Clerk to the Board of Supervisors CC: Arnold Covey, Engineering & Inspections Paul M. Mahoney, County Attorney Tommy Fuqua, Fire and Rescue Chief Clifford Craig, Utility Director Raffle Permit File File October 27, 1992 Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, S.W. Roanoke, Virginia 24018 October 27, 1992 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday, and the second regularly scheduled meeting of the month of October, 1992. IN RE: CALL TO ORDER Chairman Eddy called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Lee B. Eddy, Vice Chairman Edward G. Kohinke, Sr., Supervisors H. Odell "Fuzzy" Minnix, Harry C. Nickens MEMBERB ABBE~iT: Supervisor Bob L. Johnson STAFF PREBE~1'P: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Brenda J. Holton, Deputy Clerk; John M. Chambliss, Assistant- County Administrator; Don M. Myers, Assistant County Administrator; Anne Marie Green, Information Officer October 27, 1992 '~ ~,~ " ''~ AYES: Supervisors Kohinke, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Johnson Mr. Bryant advised that new computer equipment with twice the power can now be purchased at 25$ of the cost of the current equipment and there is an additional savings of approximately $620 per month for hardware and software maintenance. There would be no additional funds required in the current year, with a total of $119,641 included in future budget requests. Mr. Bryant advised that the number of users on the system has grown from 50 in 1990 to 110 in 1992. This causes limitations to be placed on the number of concurrent users to assure adequate response, and some users are requested to sign off to allow access for critical applications. Supervisor Nickens moved to approve replacement of the current Hewlett Packard System after taking advantage of trade-ins offered by HP with the balance of $100,297 appropriated from the current unappropriated fund balance. The motion carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Johnson Following the disposition of the last item of New Business, Mr. Hodge requested that the Board reconsider this item to clarify the appropriation necessary for replacement. Ms. Reta Busher, Director of Management & Budget, advised that HP requires that the current lease October 27, 1992 Supervisor Nickens moved to table the item. The motion was withdrawn with no vote in order to allow further discussion. Supervisor Kohinke moved to table the item. The motion carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Johnson 4. Request for Approval of Mutual Aid Agreement with Franklin County. (Thomas C. Fuqua, Chief, Fire & Rescue) A-102792-2 Chief Fuqua advised that there has been a long-standing verbal agreement between Roanoke County and Franklin County to provide fire and rescue response upon request. Since Roanoke County has set a goal of obtaining a written mutual aid agreement with all surrounding localities, he requested approval of a written mutual aid agreement between Roanoke County and Franklin County. Supervisor Kohinke moved to approve the mutual aid agreement. The motion carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Johnson 5. Request to Imp lement the Comprehensive Services Act d an Authorize and App oint members to the October 27, 1992 ~L AYES: Supervisors Minnix, Nickens, Eddy NAYS: Supervisor Kohinke ABSENT: Supervisor Johnson 6. Request for Approval of Change Order No. 9 and Associated Engineering costs for the spring Hollow Reservoir Contract. (Clifford Craig. IItility Director) A-102792-4 Mr. Craig requested approval of Change Order No. 9 in the amount of $1,186,843.40 for material and construction required for the reservoir grouting, and $79,000 for engineering services. There was no discussion. Supervisor Nickens moved to approve Change Order No. 9. The motion carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Johnson 7. Request for Designation of voting Delegate for the yirginia Association of counties• Business Meeting. November 10. 1992. (Elmer C. Hodge, County Administrator) A-102792-5 Mr. Hodge requested that the Board designate a member to serve as voting delegate at the Virginia Association of Counties' business meeting on November 10, 1992. This designation needs to be October 27, 1992 8 Supervisor Nickens withdrew his motion with no vote. Supervisor Kohinke moved to designate Supervisor Kohinke as the County's appointee to serve on the Southwest Development Financing, Inc. The motion carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Johnson IN ~: REQIIEST3 FOR WORK SESSIONS 1. Recuest for Work Session on November 17, 1992 to Discuss the 1993-9~ Budaet Process. Supervisor Nickens moved to set the work session for November 17, 1992. The motion carried by a unanimous voice vote with Supervisor Johnson absent. IN RE: REQIIEST FOR PIIBLIC BEARING AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Nickens moved to approve the first reading and set the second reading for November 17, 1992. The motion carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Johnson October 27, 1992 ,~ ,~ ~ ,~ WHEREAS, the Hollins Community Development Project has involved acquisition by the County of water and sewer easements and parcels of land for the road improvements, which are described by parcel number, with reference to the project plans, and by tax map number; and, WHEREAS, it is in the best interests of the individual property owners and the County to take the necessary steps, where a question arises, to resolve and clarify any discrepancies or lack of specificity by entering into the appropriate legal instruments for such purpose, which involves conveyance and/or acceptance of the respective interest in real estate. 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 October 13, 1992; and a second reading was held on October 27, 1992; and, 2. That with reference to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be conveyed and/or accepted are solely for purposes of resolution and clarification, and do not involve the disposition or acceptance of any additional real estate; and, 3. That the County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to convey and/or accept certain parcels of real estate or easements in order to clear any title discrepancies and to clarify legal October 27, 1992 ~ ~ ~ ~~ _ - - --- -- --- ---N . -- ABSENT: Supervisor Johnson ORDINANCE 102792-8 AIITHORIZING THE COIINTY ADMINISTRATOR TO GRANT TH$ RIGHT TO II8E A COIINTY SANITARY SEWER EASEMENT FOR PRIVATE SANITARY SEWER SERVICE BY PROPERTY OWNERS WHEREAS, Lube Ventures Real Estate Company, L.P., a Virginia limited partnership, John J. Davis, Jr., and Jones Investment Ventures, a Virginia general partnership, are the owners of certain parcels of land located on Peters Creek Road, N.W., in the County of Roanoke, Virginia; and, WHEREAS, Roanoke County has an existing 15' sanitary sewer easement running 5' from and parallel with the northwest property lines of said parcels; and, WHEREAS, the property owners need to acquire a 10' private sewer easement within the public easement in order to provide service to the properties; and, WHEREAS, the proposed private easement does not conflict with the present or proposed County use of the existing sanitary sewer easement; and, WHEREAS, pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading of this ordinance was held on October 13, 1992; and a second reading was held on October 27, 1992. THEREFORE BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject private easement does not October 27, 1992 ~ a ~ ~~ ordinance. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Johnson ORDINANCE 102792-9 AIITHORIZING THE ACQIIISITION OF 13.74 ACRES OF REAL ESTATE FROM ROGER AND SHARON VEST, AND AN APPROPRIATION OF PIIBLIC FONDS THEREFOR WHEREAS, the first reading of this ordinance was held on October 13, 1992, and the second reading of this ordinance was held on October 27, 1992, and, WHEREAS, the Board has determined that the acquisition of this real estate is in the public interest and is necessary for the provision of public utility services, the drilling and construction of wells to provide potable water to the citizens of this portion of the County, and, WHEREAS, the Board has determined that the acquisition of this real estate may serve other incidental public purposes, namely, for the park and recreational needs of the citizens of the County. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA: 1) That the acquisition of that certain tract of real estate containing 13.74 acres and identified as Tax Map No. 95.01-1-46, and located on State Route 221 from Roger E. and Sharon M. Vest is hereby authorized and approved. October 27, 1992 3 '~ ~ J 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 October 27, 1992 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 4, inclusive, as follows: 1. Approval of Minutes - August 25, 1992, September 8, 1992, and September 22, 1992. 2. Approval of Raffle Permit from the Roanoke Moose Lodge No. 284 Fellowship Degree. 3. Approval of Raffle Permit from the Marine Corps Reserve Toys for Tots Program. 4. Authorization to Pay Legal Fees to Cover Litigation with Grumman Emergency Products, Inc. 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 Minnix to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Johnson IN RE: REPORTS AND INQIIIRIES OF BOARD MEMBERS Supervisor Nickens: (1) He asked if the staff had contacted October 27, 1992 ', 1 8 ~° IN RE: REPORTS -- Supervisor Minnix moved to receive and file the following reports. The motion carried by a unanimous voice vote with Supervisor Johnson absent. 1. General Fund Onappropriated Balance 2. Capital Fund IInappropriated Balance 3. Board Contingency Fund 4. Statement of Revenue and Expenditures as of September 30, 1992. 5. Report on the 1991 Water Projects 6. Report on the Roanoke valley Resource Authority Solid Waste Facilities. 7. Report on Recruest from Literacy Volunteers of America for Surplus Computer. ZN RE:EBECIITIVE SESSION At 4:50 p.m., Supervisor Nickens moved to go into Executive Session pursuant to the Code of Virginia Section 2.1-344 A (7) Consultation with legal counsel and briefings by staff members pertaining to specific litigation, water contract with the City of Roanoke; (3) To discuss the disposition of publicly-held real estate; and (3) To discuss the acquisition of real estate. The motion carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Johnson October 27, 1992 8 2 0 considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Nickens to adopt the certification resolution, and carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Johnson IN RE: R$CONVENEMENT Chairman Eddy reconvened the meeting at 7:00 p.m. and advised that Supervisor Nickens was absent. IN RE: PIIBLIC HEARING AND SECOND READING OF ORDINANCES s Ordinance Amending and Reenacting Chanter 13. Offenses- Miscellaneous, by addinc Article II. Noise. and by Deletinc Section 13-3. Noise, of the Roanoke Countv Code. (Paul M. Mahoney, Countv Attorneyf 0-102792-12 Mr. Mahoney advised that this ordinance would parallel ones recently adopted by the City of Roanoke and the Town of Vinton. The Public Safety Team attempted to develop the clearest and most enforceable ordinance possible to meet the concerns of the citizens. A violation of either the specific or general noise disturbance prohibitions would constitute a Class 1 misdemeanor punishable by a maximum fine of $2,500 or by confinement in jail for more than 12 months, or by both fine and confinement. October 27, 1992 ~ 2 of Roanoke, Virginia." Sec. 13-17. Declaration of Policy. It is hereby declared to be the public policy of the County of Roanoke to promote an environment for its citizens free from excessive noise that jeopardizes their health or welfare or degrades the quality of life within Roanoke County. Sec. 13-18. Definitions. The following words and phrases, when used in this Article shall have the meaning assigned to them in this section. Emergency work shall mean work made necessary to restore property, public or private, to a safe condition following a state of emergency or a local emergency as defined by the Commonwealth of Virginia Emergency Services and Disaster Law of 1973, Chapter 3.2 of Title 44 of the Code of Virginia, 1950, as amended, or its successor, or work required to protect persons or property from immediate exposure to danger, including work performed by the Roanoke County Utility Department or by public service companies when emergency inspection, repair of facilities or restoration of services is required for the immediate health, safety or welfare of the community. Motor vehicle shall mean a self-propelled vehicle including passenger cars, trucks, truck-trailers, semitrailers, campers, racing vehicles, and any motorcycles (including, but not limited to, motor scooters, mini-bikes, all-terrain vehicles and three-wheelers) as defined in § 46.2-100 of the Code of Virginia. Noise disturbance means any sound which (a) endangers or injures the safety or health of any person; (b) annoys or disturbs a October 27, 1992 g n Article, no person shall make, continue, permit, or cause to be made, continued or permitted any noise disturbance within the County. Sec. 13-21. Specific Acts as Noise Disturbances. The following acts are declared to be noise disturbances in violation of this Article. The acts so specified shall not be deemed to be an exclusive enumeration of those acts which may constitute a noise disturbance under Sec. 13-20 and provided that the acts so specified below may still constitute a noise disturbance under Sec. 13-20 independently of the hours of the day such acts take place. (1) Engaging in, or operating or causing to be operated any equipment used in the construction, repair, alteration or demolition of buildings, streets, roads, alleys or appurtenances thereto between the hours of 10:00 p.m. and 7:00 a.m. the following day. (2) Repairing, rebuilding or modifying any motor vehicle or other mechanical equipment or device between the hours of 10:00 p.m. and 7:00 a.m. the following day in -a manner so as to be plainly audible across property boundaries. (3) Loading or unloading trucks outdoors within 100 yards of a residence between the hours. of 10:00 p.m. and 7:00 a.m. the following day. .~.: - , (4) Sounding the horn or.- warning device of~a vehicle, except when necessary as a warning during the operation of the vehicle. (5) Operating or permitting the use or operation of any radio receiving set, musical instrument, television, phonograph or any other. device for the production of sound, between the hours of October 27, 1992 Q ~ g ~~ Class 1 misdemeanor. Each separate act on the part of the person violating this Article shall be deemed a separate offense, and each day a violation is permitted to continue unabated shall constitute a separate offense. sec. 13-23. IIndue Hardship Waiver. (a) Any person responsible for a noise source may apply to the Board of Supervisors for a waiver, or partial waiver, from the provisions of this Article. The Board of Supervisors may grant such waiver, or partial waiver, upon a finding that either of the following circumstances exists: (1) The noise does not endanger the public health, safety or welfare; or (2) Compliance with the provisions of this Article from which a waiver is sought would produce serious economic hardship without producing substantial benefit to the public. (b) In determining whether to grant such waiver, the Board of Supervisors shall consider the time of day the noise will occur, the duration of the noise, whether the noise is intermittent or continuous, its extensiveness, the technical and economic feasibility of bringing the noise into conformance with this Article and such other matters as are reasonably related to the impact of the noise on ~:.,_ the health, safety and welfare of the community and the dogree~og hardship which may result from the enforcement of the provisions of this Article. - (c) No waiver, or partial waiver, issued pursuant to- this Article shall be granted for a period to exceed one year, but any such October 27, 1992 8~ ~~ 2 Mr. Harrington reported that the County staff has no objections to the vacation with the condition that the County retain the right-of-way delineated on the map which would be necessary to provide appropriate turnarounds in the future. There were no citizens to speak on this ordinance. Supervisor Kohinke moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Eddy NAYS: None ABSENT: Supervisors Johnson, Nickens ORDINANCE 102792-13 VACATING AND CLOSING A 50-FOOT III~IIMPROVED AND IINNAMED RIGBT-OF-WAY LOCATED IN THE SEYVIEW SIIBDIVISION (PB 3, PAGE 80), CATAWHA MAGISTERIAL DISTRICT WHEREAS, William H. and Norma J. Musselman, the petitioners, have requested the Board of Supervisors of Roanoke County, Virginia to vacate and close a 50-foot unimproved and unnamed right-of-way located in the Skyview Subdivision between Lot 10 and Lot 39; and, WHEREAS, Section 15.1-482 (b) of the 1950 Code of Virginia, as amended, requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by Section 15.1-431 of the 1950 Code of Virginia, as amended, and a first readinq~of this ordinance was held on October 13, 1992; the public hearing and second reading of this ordinance was held on October 27, 1992. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 8 3 0 =~ October 27, 1992 3. An Ordinance to Vacate a 20 Foot Drainage Easement Located on the Property Lines of Lots 21, 22, 23, 24, and 25, is the Orchards. Apylewood, section 7. Hollins Magisterial District, upon the petition of F & W Commu- nity Development Corporation. (Arnold Covey, Director, Engineering & Inspections) 0-102792-14 Mr. Harrington advised that F & W Community Development Corporation is requesting the vacation of approximately 479 linear feet of a 20 foot drainage easement. The County staff has no objections to this vacation. There were no citizens to speak on this ordinance. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Eddy NAYS: None ABSENT: Supervisors Johnson, Nickens ORDINANCE 102792-14 VACATING A 20-FOOT DRAINAGE E718EMENT LOCATED ON THE REAR PROPERTY LINE OF LOTS 21, 22, 23, 24, AND 25 IN THE ORCHARDS, APPLEWOOD, SECTION 7, HOLLINS MAGISTERIAL DISTRICT WHEREAS, F & W Community Development Corporation has requested the Board of Supervisors of Roanoke County, Virginia to vacate approx- imately 479 linear feet of a twenty (20') foot drainage easement which is located on Lots 21, 22, 23, 24, and 25 of the Orchards, Applewood, Section 7 in the Hollins Magisterial District as shown in Plat Book 13, at page 73 of record in the Clerk's Office of the Roanoke County October 27, 1992 ~ 3 4. That as a further condition to the adoption of this ordi- nance, the Board of Supervisors of Roanoke County, Virginia, shall be indemnified of and held harmless from and against all claims for damages to any improvements or structures within the old easement area by F & W Community Development Corporation, its heirs, successors, or assigns. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Eddy NAYS: None ABSENT: Supervisors Johnson, Nickens i An Ordinance to Resone 3.09 Acres from R-5 to R-1 to Construct Single Family Homes. Located at the Intersec- tion of Buck Mountain and 8tarkep Roads. Cave Sprint Magisterial District. coon the Petition of Palm Hermit- ace corporation. (Terry Harrington. Director. Planninc ~ Zoniag~ 0-102792-15 Mr. Harrington advised that Palm Hermitage Corporation has _ --~~_ ~~ requested this rezoning to construct single family homes at the intersection of Buck Mountain and Starkey Roads. There are two proffered conditions and the Planning Commission recommended approval. There were no citizens to speak on this ordinance. Supervisor Minnix moved to adopt the ordinance. The motion October 27, 1992 834 3. That the owner has voluntarily proffered in writing the following conditions which the Board of Supervisors hereby accepts: a. No driveways for residences shall enter from Buck Mountain Road. b. No street developed on this property will be extended to adjoining property. 4. That said real estate is more fully described as follows: Commence at boundary corner 30 on the Plat of Section 1, "Branderwood," prepared by Buford T. Lumsden & Associates, P.C., recorded in Plat Book 9, page 351 of the Clerk's Office of the Roanoke County Circuit Court. Corner 30 being the northwesterly corner of Lot 10, Block 1 of the aforesaid subdivision plat and the POINT OF BEGINNING; thence along the westerly line of the property shown as "Property of Lobo Investors, DB 1217, Pq. 483," said line also being the easterly line of the property shown as "Property of Fralin & Waldron, Inc., DB 860, Pg. 305" on the aforesaid -plat, run N. 00 deg. 27 min. 00 sec. W. 225 feet to a point on the southerly right-of-way of Starkey Road (Va. Secondary Route 904); thence along the southerly right-of-way line of said Starkey Road, run N. 71 deg. 32 min. 15 sec. E. 110 feet to a point where said Starkey Road and Buck Mountain Road (Va. Secondary Route 679) intersect; thence along the southerly right-of-way line of said Buck Mountain Road, run N. .87 deg. 02 min. 15 sec. E. 379.97 feet to corner 40 of the aforesaid plat, corner 40 being the intersection of said Buck Mountain Road and Branderwood Drive (Va. Secondary Routes 1960); thence with the westerly right-of-way line of said Branderwood Drive along the arc of a curve to the right 41.68 feet, said curve having a delta of 90 deg. 06 min. 50 sec., a radius of 26.50 feet, a chord bearing of S. 47 deg. 54 min. 20 sec. E., a chord distance of 37.52 feet to corner 39 of the aforesaid plat; thence continuing along the westerly right-of-way line of said Branderwood Drive, along the arc. of a- ,curve to tha. left 160.61 feet, said curve having a delta of 28 ` deg. 18 min. i?-- sac. , a~radius- of 325.11 feet, a chord bearing S. 17 deg. 00 min."a§~-sec. E:, a chord distance of 158.98 feet to corner 38~,~ot. the aforesaid plat; thence leaving the westerly r3rght-of-way line of said Branderwood Drive and along the northerly property lines of Lot 1, Block 1 of the aforesaid plat, the following two courses: S. 72 deg. 31 min. 00 sac. W. 52 feet to corner 37 of the aforesaid plat; thence S. 17 deg. 28 min. 00 sec. W. 115 feet to corner 36 of the aforesaid November 17, 1992 ~ `~ ~~ Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, S.W. Roanoke, Virginia 24018 November 17, 1992 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the third Tuesday, and the only regularly scheduled meeting of the month of November, 1992. IN RE: CALL TO ORDER Chairman Eddy called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Lee B. Eddy, Vice Chairman Edward G. Kohinke, Sr., Supervisors Bob L. Johnson, H. Odell "Fuzzy" Minnix, Harry C. Nickens MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk; John M. Chambliss, Assistant County Administrator; Don M. Myers, Assistant County Administrator; Anne Marie Green, Information Officer IN RE: OPENING CEREMONIES The invocation was given by the Reverend Richard November 17 ~ 19 9 Z ~ ~s i. Report on County Operations for the Year ended June 30. 1992. (Diane Hyatt, Finance Directorf A-111792-1 Ms. Hyatt reported that KPMG Peat Marwick had recently completed the audit and the County had received a favorable audit opinion on its financial records. She advised that a mid-year budget reduction addressed the economic slowdown and reduction of state revenues. The decline was not as large as anticipated, and a surplus of $606,182 is now available from the General Fund operations. In addition, the Schools ended the year with a $450,318 surplus. Mr. Hyatt recommended that the County surplus be reserved for employee benefits for County employees and advised that the School Administration plans to use their surplus for employee benefits and school buses. Following discussion on whether the funds should be specifically reserved for benefits, Supervisor Eddy moved to approve the staff recommendation and reserve $606,182 for employee benefits. The motion carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Eddy NAYS: Supervisor Nickens HERE: Supervisor Johnson 2=, Rscuest for A~oroval to Establish a Reg ional Disabilit y services Board an d Appointment of Local November 17, 1992 ~ ~' WHEREAS, Section 51.5-47 of the Code of Vircinia as amended provides for the establishment of a Disability Services Board, and , WHEREAS, it is the desire of the County of Roanoke, Virginia to establish a regional Board, with the intent- of implementing the provisions of Section 51.5-47 of the Code of Vircinia; NOW, THEREFORE BE IT RESOLVED, that the County of Roanoke, in conjunction with member governments of the Fifth Planning District, desires to establish a regional Disability Services Board to be composed of a maximum of fifteen members and shall consist of one local official appointed from each member jurisdiction, and who shall in turn be responsible for the selection of the remaining Board members pursuant to Section 51.5-47, Paragraph B of the Code of Virginia, and BE IT FORTHER RESOLVED, that the County of Roanoke appoints ',~ ~ ~ ~ :,,,; • ~ • ' •'>•~<~ ~• o serve as its local official on the regional Disability Services Board for the Fifth Planning District. On motion of Supervisor Nickens to adopt the resolution and appoint John M. Chambliss, Jr. to serve, and carried by the following recorded vote : "~ ~ ~ - _ . _. -_ ~ ~-~ ~~~ :.:.:. AYES: Supervisors Johnson, Rohinke, Minnix, Nickens, E~ldy'° NAYS: None 3s Raaueat for Support for a FffidA Grant Applioation to Fund a Portion of the comprehensive Req opal November 17, 1992 ~ 4 ~ - regional stormwater management program for the Roanoke Valley, and WHEREAS, the 1985 feasibility study discussed the numerous benefits which could be derived from a comprehensive regional approach to stormwater management and outlined those watersheds which should be considered priorities for future planning, and WHEREAS, member governments in the Roanoke Valley in 1990 funded an update to the 1985 feasibility study, illustrating how a comprehensive stormwater management program could address both water quantity and water quality issues within the context of a regional program, and WHEREAS, the Fifth PDC, working with a stormwater technical subcommittee composed of local engineering staff, has established a cost-sharing proposal to pay for regional stormwater watershed master planning (which is the first step in pursuing a regional program), and WHEREAS, the Fifth PDC staff has presented the findings of the feasibility study/update, and the cost-sharing proposal with the chief administrative officials of member governments in the Roanoke Valley, and WHEREAS, flooding in 1985 and 1992 caused hundreds of millions of dollars in damage to the jurisdictions of the Roanoke Valley and resulted in the President declaring a Major Disaster Declaration for the affected area, and WHEREAS, the federal government actively promotes both pre- and post-disaster hazard mitigation strategies designed to lessen November 17, 1992 8 4 Mr. Duncan explained that the Rural Economic Development (RED) Planning Grant Fund is administered by the Virginia Department of Housing and Community Development. Projects are intended to provide the community with preliminary engineering and environmental audit support for the development of an industrial site. The grant request will be for $20,160 with a 25~ County match of $5,040. The Grant will be used to conduct an audit at Valley TechPark. Supervisor Nickens moved to approve with dollar changes to resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None REBOLIITION 111792-4 IN SIIPPORT FOR APPLICATION FOR RIIRAL ECONOMIC DEVELOPMENT (RED) PLANNING GRANT FOR PRELIMINARY ENGINEERING AT VALLEY TECHPARR WHEREAS, the Roanoke County Board of Supervisors recognizes the benefits of economic development, and WHEREAS, the citizens of Roanoke County have expressed their support of economic development through their approval of the November 3, 1992, local bond referendum that included $750,000 for economic development, and WHEREAS, the Roanoke County Industrial Development Authority owns the 177 acre Valley TechPark, and WHEREAS, Roanoke County supports the Virginia Community Certification Program, and NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors November 17, 1992 8 4 U AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None 1. An Ordinance to Amend Conditions on Approsimatelp 1.516 Acres to Permit Construction of an Auto Parts Facility, Located Between 3727 and 3773 Challencer Avenue, Hollins Magisterial District, IIDOn the Petition of Webb-Stevenson Co. IN RE: FIRST READING OF ORDINANCES 1. Ordinances Amendinc Section 13-13 and 13-14 of the Roanoke County Code Clarifvina Certain Provisions with Respect to Illegal Disposal of Trash and Increasinc Certain Penalties for Illegal Dumpinc. (Paul Mahoney, County Attorney) Mr. Mahoney advised that these proposed amendments would clarify certain statutory provisions and increase the penalties for illegal dumping from a Class IV misdemeanor with a $250.00 maximum fine to a Class I misdemeanor with a maximum fine of $2500.00 and/or 12 months in jail. Supervisor Eddy make suggested changes to Section 13-14 and Mr. Mahoney responded he would incorporate them for the Second Reading on December 1. Supervisor Johnson moved to approve the first reading with Supervisor Eddy's suggested changes. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None November 17, 1992 Roanoke County by the Repeal of the Old Zoning District Maps and by Adopting and Reenactinc the 1992 Zoning District Maps to Implement the Provisions of the New Zoninc Ordinance. (Tartu Harrington, Planning & Zoning Director) Mr. Harrington reported that the Planning staff has prepared and reviewed the proposed zoning district maps. Additionally the maps have been available to the public as follows: (1) a series of six community open houses; (2) a Planning Commission public hearing; (3) a Planning Commission work session; and (4) a second public hearing to be held on December 1. In response to a question from Supervisor Johnson, Mr. Harrington advised that 100 to 120 people had attended the community meetings. He further advised that he had responded to the Homebuilders Association's concerns, and that staff would review the maps and text after one year. Supervisor Kohinke moved to approve the first reading. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None IN RE: APPOINTMENTS i. Mental Health Services of the Roanoke yal av Community Services Board Supervisor Minnix nominated J. William Pistner to a three-year term which will expire December 31, 1995. November 17, 1992 ~ 5 Q Transportation. 3. Acceptance of Water and Sanitary Sewer Facilities Serving Glade Hill Estates, Sections 3 and 4. 4. Request for Acceptance of Elizabeth Drive into the Virginia Department of Transportation Secondary System. 5. Request for Acceptance of Apricot Trail and Blueberry Ridge into the Virginia Department of Transportation Secondary System. 6. Acknowledgement of Acceptance of 0.27 Miles of Christopher Drive into the Virginia Department of Transportation Secondary System. 7. Withdrawal of Request for Reconsideration: 301 Gilmer Associates v. Board of Supervisors. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Johnson to adopt the Consent Resolution with Item 7 removed, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None On motion of Supervisor Johnson to adopt the resolution to withdraw reconsideration, Item 7, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens NAYS: Supervisor Eddy RESOLIITION 111792-5.a OF APPROVAL WITH THE 2995 HIGHWAY FIINCTIONAL CLA88IFICATION FOR RIIRAL ROANORE COIINTY AS IIPDATED BY THE November 17, 1992 ~ 5 2~ BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That this matter came this day to be heard upon the proceedings herein, and upon the application of Elizabeth Drive from its east intersection with Beavers Lane to its west intersection with Finney Drive, for a distance of 0.07 miles to be accepted and made a part of the Secondary System of State Highways under Section 33.1-229 of the Virginia State Code. 2. That it appears to the Board that drainage easements and a fifty (50) foot right-of-way for said road have heretofore been dedicated by virtue of certain maps known as River Ridge Subdivision and Fox Fire, Section 1, Subdivision which maps were recorded in Plat Book 11, Page 2 and Plat Book 9, Page 90, of the records of the Clerk's office of the Circuit Court of Roanoke County, Virginia, on August 9, 1988 and June 30, 1977 respectively, and that by reason of the recordation of said maps no report from a Board of Viewers, nor consent or donation of right-of-way from the abutting property owners is necessary. The Board hereby guarantees said drainage easements and a right- of-way for the street. 3. That said roads known as Elizabeth Drive and which is shown on a certain sketch accompanying this Resolution, be, and the same is hereby established as a public road to become apart of the State Secondary System of Highways in Roanoke County, only from and after notification of official acceptance of said street or highway by the Virginia Department of Transportation. NovembBr 17, 1992 854 guarantees said drainage easements and a right-of-way for the street. 3. That said roads known as Apricot Trail and Blueberry Ridge and which are shown on a certain sketch accompanying this Resolution, be, and the same are hereby established as public roads to become a part of the State Secondary System of Highways in Roanoke County, only from and after notification of official acceptance of said streets or highways by the Virginia Department of Transportation. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None RESOLIITION 111792-S.f ACCEPTING THE WITHDRAWAL OF A REQIIEST FOR RECONSIDERATION MADE BY 301 GILMER ASSOCIATES, AND REINSTATING THE PREVIOUS ZONING DECISION BY THE BOARD OF SIIPERVISORS WHEREAS, 301 Gilmer Associates (the "Petitioner") had filed a rezoning request with the Board of Supervisors of Roanoke County, Virginia, (the "Board")and that said rezoning request was denied by the Board on September 24, 1991; and, WHEREAS, upon the request of the Petitioner, the Board voted to reconsider this denial on October 8, 1991, in order to enable the Petitioner to negotiate acceptable voluntarily proffered conditions in order to mitigate adverse impacts of this proposed rezoning on adjoining properties and to implement the oral November 17, 1992 ~ 5 V On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens NAYS: Supervisor Eddy IN RE: REPORTS AND INQIIIRIES OF BOARD MEMBERS Supervisor Minnix: He announced that he had attended the VACo Conference sessions on: (1) the Dillon Rule and (2) working with Constitutional Officers. Supervisor Johnson: He expressed concern that the Hewlett Packard computer upgrade was reconsidered and approved on the October 27 meeting while he was absent and on vacation. Supervisor Nickens: (1) He advised that the VPI Extension Office will lose a 4-H Extension Agent to the City. He asked that staff ascertain whether the County is being treated equitably and to bring back a report on December 1, 1992. (2) He asked that the Clerk include in the record a letter from the William Byrd principal that states that their first priority for school facilities is schools and the second priority is use by the Recreation Department. (3) He asked that staff resolve by December 1, 1992 problems with the Vinton ladder truck. Mr. Hodge advised that Vinton had requested bids and he will bring back a report as soon as possible. (4) He asked that the zoning notification process be brought to the Board for approval. Mr. Hodge will bring back the issue on January 12, 1993. (5) He announced that there had been a meeting on the Parkway Spur. (6) November 17 , 19 9 2 8 5 8 favor of a petition for elected School Board members. IN RE: REPORTS Supervisor Johnson moved to receive and file the following reports after a discussion of Item 5 and an oral report from Mr. Mahoney on Item 6. The motion carried by a unanimous voice vote. 1. General Fund IInappropriated Balance 2. Capital Fund IInappropriated Balance 3. Board Contingency Fund 4. Statement of Treasurer's Accountability Per Investments and Portfolio Policy as of October 31. 1992. 5. Report on Impact of Lake Gaston Pipeline to Roanoke River Basin. Supervisor Kohinke suggested writing a letter to the Roanoke River Basin organization and Virginia Beach. There was Board consensus to remain silent on this issue. 6. Oral Report on Dixie Caverns Landfill CleanuE County Attorney Paul Mahoney updated the Board on progress with the Dixie Caverns Landfill Cleanup. IN RE2 WORK SE88ION is Discussion of the IIpcominq 1993-94 Bucket Mr. Hodge explained that this work session was set for general discussion on new revenue sources, funding for specific November 17, 1992 ~ v IN REs CERTIFICATION OF EBECIITIVE SE88ION R-111792-6 At 7:02 p.m., Supervisor Minnix moved to return to Open Session and approve the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None RESOLIITION 111792-6 CERTIFYING EBECIITIVE MEETING WA8 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 November 17, 1992 c: IN RE: PIIHLIC HEARING AND SECOND READING OF ORDINANCES i. An Ordinance to Amend Conditions on a 1.19 Acre Parcel Zoned M-1 Conditional. Located at 6560 Commonwealth Drive. Cave SDr1IIQ Magisterial District IIoon the Petition of Carlen Controls. Inc. 0-111792-8 Mr. Harrington reported that Carlen Controls is requesting an amendment to a proffered condition from the 1989 rezoning for an industrial complex. The proffer requires a 100-foot buffer and the petitioner is requesting a reduction of the buffer to 50 feet in order to construct a 5,000 square foot building and associated parking. The building can be constructed without reducing the buffer but there is a need for additional parking. The Planning Commission recommended approval of the amendment by a four to one vote. Mike Pace, attorney for Jan Oliver an adjoining property owner, spoke in opposition to the buffer reduction for the following reasons: (1) Ms. Olver bought the property relying on the 100 foot buffer; (2) the potential negative impact on the value of the property value; and (3) the continued need to protect the residential neighborhood from the industry; and (4) the need of citizens to rely on decisions made by the Board of Supervisors in rezonings. Other citizens speaking in opposition were Don Dyer, 3532 November 17, 1992 ~ 6 4 contingent upon petitioner meeting with the residents regarding the possibility of a privacy fence. The motion failed by the following recorded vote: AYES: Supervisors Johnson, Eddy NAYS: Supervisors Kohinke, Minnix, Nickens Supervisor Nickens moved to move the balance of agenda. Supervisor Kohinke moved to approve. Mr. Mahoney ruled that Supervisor Kohinke's motion was out of order and that the Board needed to consider Supervisor Nickens' motion first. Supervisor Kohinke moved to reconsider. This motion was ruled out of order since Supervisor Nickens' motion was still on the floor. Chairman Eddy ruled that Supervisor Nickens' motion to move the balance of agenda was invalid. Supervisor Nickens requested a vote on the ruling of the Chairman. Supervisors Kohinke and Eddy supported Chairman Eddy's ruling. Supervisor Johnson, Minnix, and Nickens supported denying Chairman Eddy's ruling, and Chairman Eddy's ruling failed. Supervisor Nickens moved to call for order of the day and move forward on the agenda. The motion carried by the following recorded vote: AYES: Supervisors Minnix, Nickens NAYS: Supervisors Johnson, Kohinke, Eddy Mr. Mahoney ruled that Supervisor Nickens' motion was a privileged motion and was not defeated by a 2/3 majority and the Board should move on to the next item. Supervisor Johnson moved to reconsider the ordinance. November 17, 1992 8 6 real estate containing 1.19 acres, as described herein, and located at 6560 Commonwealth Drive (Tax Map No. 87.14-3-2.1) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of M-1, Light Industrial District, to the zoning classification of M-1, Light Industrial District/ Conditional, with amended proffered conditions. 2. That this action is taken upon the application of Carlen controls, Inc. 3. That the owner has voluntarily proffered in writing the following amendments to proffered conditions approved by the Board of Supervisors on November 28, 1989, which the Board of Supervisors hereby accepts: (1) The property will not included permitted uses for: (a) Automobile painting, upholstering, repairing, rebuilding, reconditioning, body and fender work, truck repairing or overhauling; (b) Manufacturing of pottery and figurines or other similar ceramic products; (c) Veterinary hospital and commercial kennels with exterior runs and yards; (d) Flea markets, unless a special exception has been granted by the Board of Supervisors; and (e) Seed and feed stores. (2) A minimum '_ ^~~ 50-foot buffer yard along the westCern property ~e~t.~Ln'da~e8.-.~g-]~~~1e~,.~~,r~~„~~,$,~~~~mi~`,~e~ee~i-si~i ~'eiT~e1~S[R2ie'c-~1 CZ~'S-aCRT°v'• ^f ' - n ^ e~cTiC~~¢Q~}~'~-crrG~~Qe't~C11~S a~e~--s~p~e~e~ee~--war y APEties.9- o~~e~--~e~~ : ~L ~~~g-~s~ergeee~g e=~~~-~~e--~~em--a~}e~~g-.~~.e~eeee~.- boundarv shall be established. During development a temporary barrier shall be erected along the buffer line to avoid d~sturbina vegetation within the buffer yard After completion of development, yirginia pines which 'f they fell could fall November 17, 1992 8 6 2. An Ordinance to Resone 4.65 Acres from M-2 to A-1 to Construct a Church. Located at 8364 Hint Mountain Road. Windsor Hills Magisterial Distrfat. IIpon the Petition of Back Creek Baptist Fellowship. 0-111792-9 Mr. Harrington reported that the petitioner intends to operate a small church out of the existing building. There was no citizen comment at the Planning Commission and the Planning Commission recommended approval by unanimous vote. Supervisor Eddy moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ORDINANCE 111792-9 TO CHANGE THE ZONING CLASSIFICATION OF A 4.65 ACRE TRACT OF REAL EBTATE LOCATED AT 8364 BENT MOIINTAIN ROAD (TA% MAP NO. 94.00-1-57) IN THE WINDSOR HILLS MAGIBTERIAL DIBTRICT FROM THE ZONING CLASSIFICATION OF M-2 TO THE ZONING CLASSIFICATION OF A-1 IIPON THE APPLICATION OF BACK CREEK BAPTIST FELLOWSHIP WHEREAS, the first reading of this ordinance was held on October 28, 1992, and the second reading and public hearing was held November 17, 1992; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on November 2, 1992; and, WHEREAS, legal notice and advertisement has been provided as required by law. November 17, 1992 '~ feet to the BEGINNING and containing 4.65 acres, more or less, and being as shown on a map by C. E. Lacy, Jr., October 10, 1981. 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. On motion of Supervisor Eddy to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None 3. An Ordinance to Rezone Approximately 15.38 Acres from M-2 to H-2 and Obtain a Special EBCept on Permit to Operate a Golf Drivinc Range and Gol! Learninc Center Located on the East Side of Hollins_ Road and North of Garvin Creek. Hoil ns Macisterial District, upon the Petition of Wapge Hollev. 0-111792-10 Mr. Harrington advised that the petitioner desires to operate a golf driving range and golf learning center. The Planning Commission felt it was an appropriate use for the property and recommended approval. Supervisor Eddy presented a list of proposed conditions for the Special Exception Permit, including (1) vegetation and trees November 17, 1992 8 7 ~ WHEREAS, the first reading of this ordinance was held on October 28, 1992, and the second reading and public hearing was held November 17, 1992; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on November 2, 1992; and, WHEREAS, legal notice and advertisement has been provided as required by law. 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 15.38 acres, as described herein, and located on the east side of Hollins Road and north of Carvin Creek, (Tax Map Number 38.16-1-3) in the Hollins Magisterial District, is hereby changed from the zoning classification of M- 2, General Industrial District, to the zoning classification of B-2, General Commercial District. 2. That this action is taken upon the application of 11ayII~ Holley. 3. That said real estate is more fully described as follows: BEGINNING at the southeasterly intersection of Plantation Road and Hollins Road, said point being 60 feet northeast from the Roanoke County/Roanoke City line; thence following the southerly right-of-way of Hollins Road, the next 5 calls: N. 80 deg. 15' E. 105 feet; N. 47 deg. 45' E.:~70 feet; a curve to the left bearing N. 47 deg. 45' E. with a radius of 375 feet and length of 143 feet; N. 31 deg. 38' E. 325 feet; and a curve to the right bearing N. 39 deg. 15 E., with a radius of 285 feet and length of 205 feet to a point in the center of Tinker Creek; thence with the centerline of Tinker Creek as it meanders approximately S. 44 deg. 30' E. November 17, 1992 ~ ~ ~F 4. An Ordinance to Amend Conditions on a 24.94 Aa e Tract. Located on the West Side of Colonia~ Avenue. Oo~osite the Ocden Road intersectio in the Cave sDrinc Macisterial District, upon the Petition of Occidental Development. Ltd. 0-111792-11 County Attorney Paul Mahoney reported that this is an attempt to find some agreement to settle pending litigation with Occidental Development. Occidental has volunteered to eliminate any three-bedroom apartments and will limit the two-bedroom units to 148. Supervisor Minnix advised he met with the Georgetown Park Civic Association on October 11 and the members were unanimous in their support. Don Wetherington, attorney for Occidental, advised that the only change to the rezoning and conditions is the number of bedrooms. The following citizens spoke: 1. Mark Seiler. 3741 Old Tonne Road, supported the amended condition but expressed concern on traffic on Colonial Avenue and the impact to Green Valley Elementary School from additional students. 2._ Alan Oberlin. 6611 Suncrest Dr. spoke in favor of the project but was concerned about drainage and runoff. Supervisor Minnix moved to adopt the ordinance amending the conditions. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy =a~-~- _ November 17, 1992 real estate containing 24.94 acres, as described herein, and located on the west side of Colonial Avenue opposite Ogden Road intersection in the Cave Spring Magisterial District is hereby changed from the zoning classification of R-3, Conditional with proffered conditions, to the zoning classification of R-3, Conditional with amended proffered conditions. 2. That this action is taken upon the application of Occidental Davelopaent Ltd. 3. That the owners have voluntarily proffered in writing the following amendments to the conditions approved by the Board of Supervisors in September of 1988, which the Board of Supervisors hereby accepts: (1) Olde Towne Road, Ashmeade Drive, and Greencliff Road will not be extended beyond their present terminuses at the boundary of the referenced parcel or otherwise used for vehicular access to or from the parcel. (2) No more than eleven dwelling units per acre will be constructed on the. land. No more than two hundred sixty-four dwelling units will ._ be constructed in the entire development. e ~,~e~v ewe a~~g-its-~~-ee~-as No more than one hundred forty eerier e t dwelling units will contain as many as two bedrooms. No dwelling unit will contain more than wee two bedrooms. (3j Access to Petitioners intended development='within - .the parcel will ba= by„ a.~ single entrances oar =V'Colonial Avenue- at.. its.:: irrtersectio=r° w# ~~"~ - ~ ~ -? Road, S.W. ~ -•~ (4) Develo meet of ~ • .~ - - '`. ~ ~ - _~ P the land in this parcel wf 11 be •in substantial conformity to the concept plan dated August 3, 1990, by Buford T. Lumaden & AssoG., a~ copy of which plan has been submitted with_peti- tioner~s application. However, Petitioner may elect to construct fewer buildings and dwelling f. '~ ~J~~ .. r .' ~. ~..'.:;.. November 17, 1992 ~ 7 9.00 feet to a point; thence S. 31 deg. 30' 35" W. 10.00 feet to a point; thence S. 58 deg. 29' 25" E. 9.00 feet to a point; thence S. 31 .deg. 30' 35" W. 81.00 feet to a point; thence N. 58 deg. 29' 25" W. 81.00 feet to a point; thence N. 58 deg. 29' 25" W. 9.00 feet to a point; thence S. 31 deg. 30' 35" W. 10.00 feet to a point; thence S. 58 deg. 29' E. 9.00 feet to a point; thence S. 31 deg. 30' 25" W. 370.32 feet to a point; thence with a curve to the left, whose radius is 2,316 feet and whose chord bearing and distance are S. 27 deg. 35' 35" W. 316.50 feet, the arc distance of 316.75 feet to a point; thence s. 23 deg. 40' 35" W. 37.69 feet to a point designated Corner 18; thence with a curve to the left whose radius is 2,839.79 feet and whose chord bearing and distance are S. 25 deg. 06' 08" W. 141.30 feet, the arc distance of 141.32 feet to Corner 1 and the point of beginning, containing in the aggregate 24.94 acres and being designated as Tract ,~1, all according to that certain plat of survey entitled "Plat showing property of Catherine Aicagurre Ronk" dated April 25, 1988, by Buford T. Lumsden & Associates, P.C., the details of which plat are incorporated herein by this reference. 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 be, and the same hereby are, repealed. On motion of Supervisor Minnix to adopt the ordinance,. and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None r: rr _ - -. .- .. - - -_ r. ":-_~~.~- ~~ ~=_ - Chairman Eddy declared a ten-minute recess at 8:40'p.m. ix. RE: JOINT M$BTINa 1-ITS eCBOOL soARD }~ Reoort and Reaommsndatio Conaerninq space Needs for the County and County schools Administration November 17, 1992 ~ ~ ~ T Travelers Building; (2) $2,310,000 for the Northside/RCOS move; (3) $900,000 for renovation of existing buildings plus insurance and debt services costs. The total costs would be $4,320,00 in Revenue Bonds and $2,310,000 in VPSA bonds. Dr. Wilson advised they would apply for bonds next fall and could move into RCOS in the summer of 1994. Ms. Hyatt reported that $350,000 would be needed from the Fund Balance only in 1993- 94. Supervisor Johnson announced that he would abstain because his company manages the Travelers Building. Supervisor Eddy advised that he supports the School Board, Social Services and Health Department moves, but opposes the purchase of the Travelers Building because of the additional cost and perception of the citizens. Supervisor Minnix spoke in support of the move. School Board Chairman Thomas advised that the School Board strongly supports the plan and will act on the VPSA resolution in December. Supervisor Nickens moved as follows: (1) authorize staff to finalize a sale contract for the Travelers Building; (2) authorize staff to negotiate terms with current lessees of the building; (3) authorize staff to work with the IDA to create a financing package for approximately $4,320,000; (4) reserve $350,000 from the General Fund IInappropriated Fund Balance, which in addition to the County debt drop-off, will cover the estimated operating shortfall for the 1993-94 fiscal year; and (5) recommend that the School Board adopt a resolution to apply to A-121592-6.a ACTION NO. ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 15, 1992 AGENDA ITEM: Confirmation of Committee Appointment to the Roanoke County Planning Commission COUNTY ADMINISTRATORS COMMENTS: SUMMARY OF INFORMATION: The following nomination was made at the December 1, 1992 meeting. Roanoke County Planning Commission Supervisor Eddy nominated Al G. Thomason, Sr. to a four-year term, representing the Windsor Hills Magisterial District. His term will expire December 31, 1996. RECOMMENDATION' It is recommended that this appointment be confirmed by the Board of Supervisors. Respectfully submitted, Approved~by, .~°~ . Mary H. lien Elmer C. Hodge Clerk ---- County Administrator ------------------------- ------- --------- ------------------- ACTION VOTE Approved (x) Motion by: Harry C. Nickens No Yes Abs Denied ( ) Eddy x Received ( ) Johnson x Referred ( ) Kohinke x To ( ) Minnix x Nickens x cc: File Roanoke County Planning Commission File ACTION NO. A-121592-6.b ITEM NUMBER ~ '~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 15, 1992 AGENDA ITEM: Acknowledgement of Acceptance of 0.20 Miles of Larson Lane and 0.20 Miles of Larson Oaks Drive into the Secondary System by the Virginia Department of Transportation COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County has received acknowledgement that the following roads have been accepted into the Secondary System by the Virginia Department of Transportation, effective November 19, 1992. Larson Oaks 0.20 Miles of Larson Lane (Route 1995) 0.20 Miles of Larson Oaks Drive (Route 1996) SUBMITTED BY: ~• Mary H. Allen Clerk to the Board APPRO D BY: Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Lee B. Eddy to No Yes Abs tain Denied ( ) accept Eddy x Received ( ) Kohinke x Referred ( ) _ Johnson X To ( ) Minnix x Nickens x cc: File Arnold Covey, Director, Engineering & Inspections ~. 1 ACTION NO. A-121592-6.c ITEM NO. ~""' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 15, 1992 AGENDA ITEM: Authorization to Pay Certain Le al Fees regarding Grumman Emergency Products, Inc. COUNTY ADMINISTRATOR'S COMMENTS: ~ ~•7Z,~ EXECUTIVE SUMMARY' The County agreed to share with the Town of Vinton the legal expenses for the litigation with Grumman Emergency Products Inc. over the defective ladder on the aerial fire truck. BACKGROUND' In November of 1991, the Board agreed to join with the Town of Vinton in legal action against Grumman Emergency Products, Inc. and other possible defendants over the defective ladder on the aerial fire truck which the County had jointly funded with the Town. Since this vehicle is titled to the Town of Vinton it was agreed that the Town Attorney should handle this litigation. The fees thus far approved by the Board are as follows: February 11, 1992 $1,151.95 March 24, 1992 1,437.59 May 26, 1 992 2,363.43 June 23, 1992 1,779.16 September 8, 1992 228.71 September 22, 1992 868.75 October 2 7, 1992 941.00 December 1, 1992 289.00 Total $9,059.59 FISCAL IMPACTS' fund. $843.00 in current fees to be paid from the Board contingency 1 k `~ STAFF RECOMMENDATION: It is recommended that the Board of Supervisors authorize the payment of this invoice from the Board's contingency fund. Respectfully submitted, ~- Paul M. Mahoney County Attorney ~' Action Vote No Yes Abs Approved (x) Motion by xarry ~_ N;~kPnS Eddy x Denied ( ) molt-; nn t~ allt-hnri ~P aff Pr Johnson x Received ( ) f~; ~c-.uss; nn Kohinke x Referred Nickens x to Minnix x cc: Diane Hyatt c;\wp51\agenda\general\legal.fee cc: File Paul Mahoney, County Attorney Diane Hyatt, Director, Finance 2 TOWN OF VINTON P. 0. BOX 338 VINTON, VIRGINIA 24179 PHONE (7031 983-0608 FAX (703J 983-0621 December 4, 1992 TO: Joe Obenchain, Senior Assistant County Attorney County of Roanoke POB 29800 Roanoke, VA 24018-0798 ,a ., _ ~ ~ . ~, JOAN B. FURBISH -- `-~~--- FINANCE DIRECTOR/TREASURER K `~ STATEMENT Statement From Natkin, Hesley, Siegel and Natkin, PC For Professional Services Rendered Regarding Litigation With Grumman Aircraft Company December 2, 1992 Statement -- $1,686.50 Fifty Percent (50%) Due From Roanoke County To Town of Vinton $843.25 Statement From Natkin, Hesley, Siegel and Natkin, PC For Professional Services Rendered Regarding Litigation With Grumman Aircraft Company November 3, 1992 Statement -- $578 Fifty Percent (50%) due From Roanoke County to Town of Vinton 289.00 DITE UPON RECEIPT $1,132.25 MAKE CHECK PAYABLE TO: TOWN OF VINTON cc: Diane D. Hyatt 1 t ~~ ... •~/ AT A REGULAR MEETING OF THE BOARD OF 8UPERVISORB OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TIIEBDAY, NOVEMBER 17, 1992 RESOLUTION 121592-6.d APPOINTING THE COUNTY ADMINISTRATOR AS DIRECTOR OF EMERGENCY SERVICES WHEREAS, the Commonwealth of Virginia Emergency Services and Disaster Law of 1973, Chapter 3.2 of Title 44 of the Code of Virginia, 1950, establishes the powers and duties of political subdivisions within the Commonwealth for preparing for and responding to disasters and emergencies; and WHEREAS, § 44-146.19 of said law requires that every political subdivision shall have a director of emergency services and that for counties either a member of the board of supervisors or the chief administrative officer of the county shall serve as such director with the authority to carry out the powers conferred by the Code of Virginia in the event of a local emergency; and WHEREAS, it is the desire of the Board of Supervisors of the County of Roanoke, Virginia, to designate the County Administrator as the Director of Emergency Services for the county in order to insure continuity of administrative control over the operation of county government and its public safety responsibilities and to insure the availability of the Director in the event of any local emergency. NOW THEREFORE, be is RESOLVED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That the County Administrator of the County of Roanoke, Virginia shall serve as the Director of Emergency Services as provided for by § 44-146.19 of the Code of Virginia and have all the powers as provided under the Commonwealth of Virginia Emergency Services and Disaster Law of 1973, § 44-146.13 et sea. The Chief of o the Department of Fire and Rescue shall be designated as the Deputy Director of Emergency Services with full powers to act in the absence of the Director. 2. That the appointment of the Deputy Chief of Operations of the Department of Fire and Rescue as the Coordinator of Emergency Services and the appointment of the Deputy Chief for Support of the Department of Fire and Rescue as the Deputy Coordinator of Emergency Services by the Director of Emergency Services as authorized by § 44-146.19 B 2 is hereby ratified and confirmed. 3. This resolution shall be in full force and effect from its date of passage. On motion of Supervisor Nickens, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: yrL~~ ,~ . Q.e.,cc~.J Mary H. Allen, CMC Clerk to the Board of Supervisors CC: File Tommy Fuqua, Fire & Rescue Chief Larry Logan, Deputy Fire & Rescue Chief Joseph Obenshain, County Attorney's Office Mark Light, Deputy Fire & Rescue Chief John Cease, Police Chief ., ITEM NUMBER !~'"'J AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 15, 1992 AGENDA ITEM: Recommendation to Appoint the County Administrator as Director of Emergency Services and Realignment of Emergency Management Staff. COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND• Title 44 of the Code of Virginia requires that every political subdivision have a Director of Emergency Services. For counties either a member of the Board of Supervisors or the chief administrative officer of the county shall serve and have authority to carry out the powers conferred by the Code of Virginia in the event of a local emergency. SUMMARY OF INFORMATION: Currently, the Director of Emergency Services for Roanoke County is the Chairman of the Board of Supervisors, and he or she is appointed by the Board of Supervisors at the beginning of each year. In the future, staff recommends that the County Administrator be appointed as the director. This will insure continuity and administrative control over the operation of the county government in the event of any local emergency. There are twenty two counties in the Commonwealth of Virginia who have appointed the County Administrator as director, and very few suburban or urban counties still appoint a member of the Board of Supervisors. In addition to the appointment of the County Administrator, the current emergency management staff shall be realigned as follows: The Chief of the Department of Fire and Rescue shall be appointed Deputy Director, the Deputy Chief of Operations shall serve as Coordinator and the Deputy Chief for Support shall serve as Deputy Coordinator. At least one of the emergency management staff will be available by pager, telephone or radio at all times in the event of a local emergency. These changes have been discussed and endorsed by the Public Safety Team. FISCAL IMPACT: None t K-s ALTERNATIVES' Alternative #1: Adopt the attached resolution appointing the County Administrator as Director of Emergency Services and reorganizing the emergency management staff. Alternative #2: Make no changes to the current emergency management structure. STAFF RECOMMENDATION: Staff recommends Alternative #1, that the Board adopt the attached Resolution appointing the County Administrator as Director of Emergency Services and reorganizing the emergency management staff. . `~~ ~ Elmer C. Hodge, County Administrator ----------------------------------------------------------------- ACTION VOTE Approved ( ) Denied ( ) Received ( ) Referred To Motion by: Eddy Johnson Kohinke Minnix Nickens No Yes Abs K5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 17, 1992 RESOLUTION APPOINTING THE COUNTY ADMINISTRATOR AS DIRECTOR OF EMERGENCY SERVICES WHEREAS, the Commonwealth of Virginia Emergency Services and Disaster Law of 1973, Chapter 3.2 of Title 44 of the Code of Virginia, 1950, establishes the powers and duties of political subdivisions within the Commonwealth for preparing for and responding to disasters and emergencies; and WHEREAS, § 44-146.19 of said law requires that every political subdivision shall have a director of emergency services and that for counties either a member of the board of supervisors or the chief administrative officer of the county shall serve as such director with the authority to carry out the powers conferred by the Code of Virginia in the event of a local emergency; and WHEREAS, it is the desire of the Board of Supervisors of the County of Roanoke, Virginia, to designate the County Administrator as the Director of Emergency Services for the county in order to insure continuity of administrative control over the operation of county government and its public safety responsibilities and to insure the availability of the Director in the event of any local emergency. NOW THEREFORE, be is RESOLVED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That the County Administrator of the County of Roanoke, Virginia shall serve as the Director of Emergency Services as i<-~ provided for by § 44-146.19 of the Code of Virginia and have all the powers as provided under the Commonwealth of Virginia Emergency Services and Disaster Law of 1973, § 44-146.13 et seg. The Chief of the Department of Fire and Rescue shall be designated as the Deputy Director of Emergency Services with full powers to act in the absence of the Director. 2. That the appointment of the Deputy Chief of Operations of the Department of Fire and Rescue as the Coordinator of Emergency Services and the appointment of the Deputy Chief for Support of the Department of Fire and Rescue as the Deputy Coordinator of Emergency Services by the Director of Emergency Services as authorized by § 44-146.19 B 2 is hereby ratified and confirmed. 3. This resolution shall be in full force and effect from its date of passage. ~- ~. A-121592-6.e ACTION NO. ITEM NUMBER ~' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 15, 1992 AGENDA ITEM: Request for Approval of a 50/50 Raffle Permit for Calendar Year 1993 from the Women of the Moose Roanoke Chapter #1022 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Women of the Moose Roanoke Chapter #1022 permit to hold 50/50 raffles in Roanoke County year 1993 on the dates listed in the application. has been reviewed with the Commissioner of recommends that it be approved. The application Clerk's Office. The organization has paid the $25.00 fee. STAFF RECOMMENDATION: has requested a for the calendar This application Revenue and he is on file in the It is recommended that the application for a 50/50 Raffle Permit for the calendar year 1993 from the Women of the Moose Roanoke Chapter #1022 be approved. SUBMITTED BY: APPROVED BY: Mary H. Allen Elmer C. Hodge Clerk to the Board County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (X) Motion by: Harry C. Nickens No Yes Abs Denied ( ) Eddy x Received ( ) Johnson x Referred ( ) Kohinke x To ( ) Minnix x Nickens x cc; File Bingo/Raffle File /~- (o COUNTY OF ROANOKE, VIRGINIA COMMISSIONER OF THE REVENUE APPLICATION FOR PERMIT TO CONDUCT RAFFLES OR BINGO Application is hereby made for a bingo game or raffle permit. This application is made subject to all County and State laws, rules, ordinances, and regulations now in force, or that may be enacted hereafter and which are hereby agreed to by the undersigned applicant and which shall be deemed a condition under which this permit is issued. All applicants should exercise extreme care to ensure the accuracy of their responses to the following questions. Bingo games and raffles are strictly regulated by Title 18.2-340.1 et. se of the crimin:~l statutes of t'.:e Virginia Crde, and by Section 4-86 et. sea. of the Roanoke County Code. These laws authorize the County Board of Supervisors to conduct a reasonable investigation 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 specifically organized, except for reasonable operating expenses, shall be guilty of a Class 6 felony. THIS APPLICATION IF FOR: (check one) RAFFLE PERMIT i~ BINGO GAMES Name of Organization j~/~'«~ ~,~/ p~ ~/?/~ /i o,n /5r/~ /~~,~~/o~~ ~~I-d1~E2 ~' ~oL L- Street Address R p~ f~ ~/~ ;/ff 1 ~ /1--~.~ (/,fit" z ~ / 5 ~ Mailing Address ~~/, ~c~,x iz '~~ `/ ~~y,~-~/oKL"-. ~~ Syr>~- ~ 7~ f City, State, Zip Code /{ /~~ ~ ~ l~~ Purpose and Type of Organization When was the organization founded? Roanoke County meeting place? .~o~' _~ 1 ~ ~/f~f L=Tff- Has the organization been }n existence in Roanoke County for two continuous years? YES / NO Is the organization non-profit? YES '/ NO Federal Identification Number Attach copy of IRS Tax Exemption Letter. Officers of the Organization: SR, ~C tn/~'' / / • / lh dG/ !>~~~C Address: :yU~ ar~~f~t=~y~~. Address :~%~ ,~- ~/~o x, /._~70/ J ~ ~~~/F Address : f~~f ~ ~-)J~~i ~ l c~.~~.ti ~ ~~ fl!' ~ ~1 ° ,, l G~~ ~~ ~ '~ Treasurer: ~~--~- ~- Address : j ~ n ~- 5~ ~ .~~ r~~w Member authorized to be responsible for Raffle or Bingo operations: i Name : ~ ~ C.~ ~~ N ~ ~ i ~~ s ~ N' Home Address ~- ~ Phone ~ ~ ~ ' ~ ~ ~ 5 Bus Phone ,~ ~ ~ ~ ~ U A COMPLETE LIST OF THE NAMES AND ADDRESSES OF CURRENT MEMBERSHIP MUST BE FURNISHED WITH THIS APPLICATION. Specific location where Raffle or Bingo Game is to be conducted. RAFFLES : Date of DrawingSr'e ~ L ~ Time of Drawing BINGO: Days of Week and 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 Bingo/Raffle will be used. List in detail the planned or intended use of the proceeds. Use estimated amounts if necessary. ~~~2~'~~A'~j ~~ I' ~~ ~ ~ ~ ~~~Z ~~ Cam' ~'r~ «i~ ~~UA~c~ /~ ~~~~ ~~yrL" ~ l~u~ d ~~~~~ ~ s fcR-- Sc~- l ~~/~ t~ ~ l~ ~i , F ~~ ~,"d n~ ~~ u~ ~,~--~, o ~ 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 calendar 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, association, organization, partnership, or corporation of any classification whatsoever, for the purpose of organizing, managing, or conducting Bingo Games or Raffles? 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? ~.~.~~ 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 records required to be maintained for Bingo games or raffles? 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 DE MBER of each calendar year for which a permit has been issued? ~ 6. Does your organization understand that if gross receipts exceed fifty thousand dollars during any calendar quarter, an additional Financial Report must be filed for such quarter no later than sixty days following the last day of such quarter? 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 un ' 1 such report is properly filed and a new permit is obtained? - 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, community, or educational purposes for which the organization is specifically chartered or organized, and that the operations of Bingo games or raffles have been in accordance with the provisions f Article 1.1 of Chapter 8, Title 18.2 of the Code of Virginia? 9. Does your organization understand that a two (2) ercent audit fee of the gross receipts must be paid to the County of Roanoke upon submission of th annual financial report due on or before the first of December? '~ 10. Does your organi ation 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? ~,~~..~ 11. Does your organization understand that no person, xcept 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, operations, or conduct of any bingo game or raffle, and no person shall receive any remuneration for participating in management, operations, or conduct of any such game or raffle? ~ 12. Has your organization attached a check for the annual permit fee in the amount of $25.00 payable to the County of Roanoke? U 5 13. Does your organization understand that any organization found in violation of the County Bingo and Raffle Ordinance or Section 18.2-340.10 of the Code of Virginia authorizing this permits 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? ~_ 14. Has your organization attached a complete ist of its membership to this application form? ~ _ 15. Has your organization attached a co y of its bylaws to this application form? ' 16. Has the organiza ion been declared exempt from property taxation under the Virginia Constitution or statues? If yes, state whether exemption is for real, personal property, or both and identify exempt property. ,_ .. _ ..u ~ n __~~ ~, 17 . St to the~sp cif ic~ype se of the organization. f i~~~Nl'~~T~ro6~ 18. Is this organization incorporated in Virginia? If yes, name and address of Registered Agent: 19. Is the organization registered with the Virginia Department of Agriculture and Consumer Affairs pursuant to the Charitable Solicitations Act, Section 57-48 of the Virginia Code? N~A _ (If so, attach copy of registered agent.) Has the organization been granted an exemption from registratio y 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 '~`R ~~~~ €~-~'~ 6 ALL BINGO APPLICANTS MUST ANSWER QUESTIONS 20 - 27 BEFORE h 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 $4.98 of the Roanoke County Code must include the following: a. A record of the date, quantity, and card value of instant bingo supplies purchased, as well as the name and address of the supplier of such instant bingo supplies, and written invoice or receipt is also required for each purchase of instant bingo supplies? b. A record in writing of the dates on which Bingo is played, the number of people in attendance on each date,. and the amount of receipts and prizes on each day? (These records must be retained for three years.) c. A record of the name door prize, regular from the playing of and address of each individual or special Bingo game prize or Bingo is awarded? d. A complete and itemized record of all receipts and disburse- ments which support, and that agree with, the quarterly and annual reports required to be filed, and that these records must be maintained in reasonable order to permit audit? 22. Does your organization understand that instant Bingo may only be conducted at such time as regular bingo game is in progress, and only at such locations and at such times as are specified in this application? 23. Does your organization understand that the gross receipts in the course of a reporting year from the playing of instant Bingo may not exceed 33 1/3$ 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? to whom a jackpot 7 25. Does your organization understand that an organization whose gross receipts from all bingo operations that exceed or are expected to exceed $75,000 in any calendar year shall have been granted tax-exempt status pursuant to Section 501C Internal Revenue Code Service? (Certificate must be attached.) 26. Does your organization understand that a Certificate of Occupancy 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 Hundred dollars. c. No jackpot of any nature whatsoever shall exceed One Thousand Dollars, nor shall the total amount of jackpot prizes awarded in any one calendar day exceed One Thousand Dollars. 28. Does you organization understand that annual gross receipts from bingo games or raffles in excess of five hundred thousand dollars ($500,000.00), shall attach to such report an opinion of a licensed independent certified public accountant that (i) the annual financial report presents fairly, in all material respects, beginning cash, receipts, operating cost, use of proceeds, and ending cash. (ii) the proceeds of any bingo games or raffles have been used for those lawful, religious, charitable, community or education purposes? Does your organization understand the failure to file the opinion of a licensed independent certified public accountant shall cause the automatic revocation of permit? 8 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NOTARIZATION: THE FOLLOWING OATH MUST BE TAKEN BY ALL APPLICANTS I hereby swear or affirm under the penalties of perjury as set forth in §18.2 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 Title Home"Aaaress Subscribed and sworn befo a me, this day of ~_ 19''x/ in the County/City of 1?-,_ js-,;;-.~Y-:~~= Virginia. My com:r~s.ssion expires -,-- Notary Publi ftFTUR*i THIS COMPLETED APPLICATION ~O: COMMISSIONER OF THE REVENUE P.O. BOX 20409 ROANOKE, VA 24018-0513 NOT VALID UNLESS COUNTERSIGNED ~~~ ~~, The above application, having been found in due form, is approved and issued to the applicant to have effect until December 31st of this calendar year. Date o a. sio r of the venue The above application is not approved. Date Commissioner of the Revenue 9 Y* Women of the Moose Roanoke Chapter #1022 1993 RAFFLE DATES January 5, 19 February 2, 16, 13 March 2, 16, 28 April 6, 20 May 4, 18 June 1, 15 July 6, 20 August 3, 17 September 7, 21 October 5, 19 November 2, 16 December 7, 18, 21, 31 ACTION NO. A-121592-6.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: December 15, 1992 AGENDA ITEM: Donation of a drainage easement in connection with Carriage Hills Drive in Section 4, Carriage Hills Subdivision from Louis W. & JoAnn M. Komosa to the Board of Supervisors of Roanoke County COUNTY ADMINISTRATOR'S COMMENTS: J Qf ~~~~~ SUMMARY OF INFORMATION: This consent agenda item involves the donation of an easement for drainage purposes, in connection with acceptance of Carriage Hills Drive into the state secondary system, over and across a lot in Section 4 of the Carriage Hills Subdivision, located in the Windsor Hills Magisterial District of the County of Roanoke as follows: a) Donation of a drainage easement, fifteen feet (15') in width, across part of Lot 17, Block 1, Section 4, Carriage Hills (Plat Book 10, page 134) from Louis W. Komosa and JoAnn M. Komosa (Tax Map No. 94.02-4-1), said easement being shown and designated as "PROPOSED NEW 15' DRAINAGE EASEMENT" on a plat prepared by Lumsden Associates, P.C., dated 16 July 1992, a copy of which is attached hereto. The location and dimensions of this property have been reviewed and approved by the County's engineering staff. STAFF RECOMMENDATION: Staff recommends acceptance of this easement. Respectfully submitted, is ie L. H ma Assistant County Attorney K-7 Action Approved (x) Motion by Harry C'._ Ni~kPnG Eddy Denied ( ) Johnson Received ( ) Kohinke Referred Nickens to Minnix Vote No Yes Abs x x x x x cc: File Arnold Covey, Director, Engineering & Inspections Clifford Craig, Director, Utility MERm~.1N OF SEG.~`.4 "GARR/ACE N/GG5" P,~. t0 PG, l34 LOT 3 ~3GOGK ¢ , 6EGTION'~! ' "GARRIAGB NIGGS " P. g. 9 PC,. r69 }10'0° ,Q ~~~ d Z~= ~q t7 4or 7 TAX'94.az•4-~ WooopBCK w/ o EX/5 r ~h / GONG. PAr/0 f3EGOW 1. I°• h~' =o' N ~ . ~ ~~~~ ~,~'`~ ~ STY, ~Ii1GK ~ ~ P~ c,~' N nWEGG,#7414 N m ~ ~ ~ N ~ P P~~ P~~ 68.2' z6.7' 33..1' !?.7 ~a ~ ~ ~ ~ o ~-- sc . . ~o ~ , ti4 ?:J, . ~ m z ~ p~ ~ Fi ~ GONC.WAIK ~ ~ .,, sr~P ~ ~Y: ~.. ~ Q naarNaGE L,;',or~:t ~ a ~ ~~ ~ EAat: Merv ~ •{ ~ {. W ~ ` '~~~ 2 Z 3 = co7.33' ~~ 3 NE ~~~nG'LI ~ EMENT - 30 ~ ~ -=mar TgpiG~i AGG ,n>'7"ck-. g~trcK c '~ 1 ~~C (J111,11 , "~ y,16t.1 P~_ Ih' pUN ti p tGN ~. t4"CAMP jai \ ~ 1 j \ F $q, To P.I. X~Sr~P ~ ~ -ARC--o4.az' cy~ 4 --FER~~A~ na'vE~A~,~IAGE H/Cl5 ~~~ ~E NOTE: THIS PROPERTY IS NOT LOCATED WITHIN THE LI*fI'i'S OF A 100 YEAR FLOOD .BOUNDARY AS DESIGNATED BY FEDfA. THIS OPINION IS BASED ON AN INSPECTION OF THE FLOOD INSUR- ANCE RATE MAP AND HAS NOT BEEN NEW 15.' DRAINAGE EASEMENT BEARING DIST. 1-2 N87° 06' 46"W 15.50 2-3 N 0° 47' 02"E 106.55' CH 3-4 S77° 12' S5"E 15.00'. 4-1 S 0° 20' 07"W 104.00' CH VERIFIED BY ACTUAL FIELD ELEVATIONS. PLAT SHOWING LOCATION FLOOD ZONE "C". OF -DENOTES NEW NEW 15' DRAINAGE EASEMENT DRAINAGE EASEMENT PROPERTY OF LUMSDEN ASSOCIATES, P. C. ENGINEERS-SURVEYORS-PLANNERS ROANOKE, VIRGINIA 50'9/ 16 TOTAL, GURYE 4 33'15'17" a z4i. zi' t 7z.aa' A !40.00' Cu, 13ao~' cx,~, g o~°3o'46"w LOUIS W. KOMOSA & JOANN`.M. KOMOSA BEING DEDICATED ' 'FOR PUBLIC USE TO,THE COUNTY OF ROANOKE BEING PART OF LOT 17, BLOCK 1, SECTION 4, CARRIAGE HILLS (P.B. 10, PAGE 134) WINDSOR HILLS MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA SCALE: 1 ^ = 4 0 ' DATE:, 16 JULY 19 9 2 ' . >.. ~:; .~ ACTION NO. A-121592-6.g ITEM NO. • AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 15, 1992 AGENDA ITEM: Donation of a drainage easement in connection with the Balsam Drive Drainage Project to the Board of Supervisors of Roanoke County COUNTY ADMINISTRATOR' S COMMENTS : ~~,-~Yk' a , ~~ G~ ~ j~ SUMMARY OF INFORMATION: This consent agenda item involves the donation of an easement for drainage purposes, in connection with the Balsam Drive Drainage Project, located in the Cave Spring Magisterial District of the County of Roanoke as follows: a) Donation of a drainage easement, fifteen feet (15') in width, from Miloslava V. Ferguson Yeglin and Harold Yeglin, her husband (Deed Book 845, page 732) (Tax Map No. 87.09-5-4), shown and designated as "15' DRAINAGE ESMT." on a plat prepared by the Roanoke County Engineering Department, dated December 3, 1991, a copy of which is attached hereto. The location and dimensions of this property have been reviewed and approved by the County's engineering staff. STAFF RECOMMENDATION: Staff recommends acceptance of this easement. Respectfully submitted, Vick a L. Hu an Assistant County Attorney Action Vote No Yes Abs Approved (x) Motion by Harry C'_ NICkPnc Eddy X Denied ( ) Johnson x Received ( ) Kohinke x Referred Nickens x to Minnix x cc: File Arnold Covey, Director, Engineering & Inspections Clifford Craig, Director, Utility ° - METES AND BOUNDS DESCRIPTIONS SHOWN ON THIS PLAT REPRESENT A COMPOSITE OF DEEDS, PLATS, AND CALCULATED INFORMATION AND DO NOT REFLECT AN ACCURATE BOUNDARY SURVEY. ~O PROPERTY ^F RUSSELL J. & JANNE M. RICE TAX MAP ND. 87.09-5-5 N 80°16001 ~ A ~~~~o,~ ti ~ 9~~T~ ~ ~ NATURAL WATERCOURSE 9,0 9 D,c~ ~~ ~O _ ~~ ti0 L A6 a ~ ~ ~ ,9`~cG`~O ~ 2 PROPERTY ~F THOMAS E. & MARGARET E. WILSON TAX MAP N0. 87.09-4-1 3H v~ ~ ~ o ~ N_ ~ o °o y~ ~ ~ ~~ 4G 79•g~'11' S 19'02'00' E 5~ = 13.07' -~ N 87'18'00' W 240.86' Ps LET CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA 20 4G 40,00' 71,65' 49.96' 62,,45' S 19°02'00' E 102°38'08' 20 3H 134.90' 14.13' 7.07' 14.12' N 22°02'00' W 06°00'00' TAX MAP N0._ 87.095-4_~_Y PROPERTY ^F MIL~SLAVA V, FERGUSON - 15'DRAINAGE ESMT. =i _ ~` S88'48'49'W ~~ cJ~ ~N 12.75' ~- -- - b: ~J' -- _ _ , S 88.48'49' W ~ S 7 59.92` , _ . ~--- SCALE: __1' =5 0' PLAT SHOWING DRAINAGE EASEMENT BEING CONVEYED TO R~ANOKE COUNTY BY MILOSLAVA V. F~ERGUSUN PREPARED B Y.• R OANOKE COUNTY ENGINEERING DEPARTMENT DATE: _ l 2 - 3 - 91 t' ~~. A-121592-6.h 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: December 15, 1992 SUBJECT: Acceptance Sanitary Sewer Facilities Serving E m e r a l d Court Subdivision COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Developers of Emerald Court Subdivision, T.C.E. Development, Inc., have requested that Roanoke County accept the Deed conveying the sanitary sewer facilities serving the subdivision along with all necessary easements. The sewer facilities are installed, as shown on plans prepared by Balzer & Associates entitled Emerald Court Subdivision, dated March 22, 1991, which are on file in the County Engineering Department. The sanitary sewer facility construction meets the specifications and the plans approved by the County. SCAL IMPACT: The value of the sanitary sewer construction is $ 23,000. RECOMMENDATION• Staff recommends that the Board of Supervisors accept the sanitary sewer facilities serving the Emerald Court subdivision along with all necessary easements, and authorize the County Administrator to execute a Deed for the transfer of these facilities. ;' ~ ~- SUBMITTED BY: Clifford P.E. Utility Director APPROVED: ~,M1~w Elmer C. Hod e County Administrator ACTION VOTE Approved (~) Motion by: Harry C. Nickens No Yes Abs Denied ( ) Eddy x Received ( ) Johnson x Referred Kohinke x to Minnix x Nickens x cc: File Clifford Craig, Director, Utility Arnold Covey, Director, Engineering & Inspections 2zo ~ \ ' o~5t. ~ sae ~sz c, \ g ]4 64B C OP ~ ,~o~~e L IN PO~NOKE OOUNi'I 16 c - ---- --- -- 1905 N I N04~N5 COllEOE u ~ Hollins ~I ~'4~. 856 .. ~~:~. ~1 L Ifi _. _ ~ VICINITY MAP ~ ~ ~ K-y' NORTH ~, :E,- \, ;.-.. .~~ \,_.~ ~ ~~~ ~~ ~,<o ye ~ ~ ~~ -- ~> e ~ ~ ~~ .~> >.° ~b ~ ~~ / e G, ~ ~. ~ _ .q~ / e, j i / ~ ~ ~. F O y \ i.~~ . ,~d ~..,• ~~~~ - ~` ~~i / '~~8/0 0\ ~ \~ ~- ~ ~~ ~\~~, tC t<_ e zo } ~~ «„. ' E ~E~9 sr 9~~i919n ~O~NC~F °~ ~ \\ ~ -- i .. ..e .< _ .... ; Z .T ,~ ~ ~~.o.. -.~., a <...o~, ..... ~ ~/' ~. '~ ~~~__ PSESEF~\/OIFS FLonD .~,.,~.9I > FSTE. -~_---- ~ 6 4g .; -_ I ROANOKE COUNTY UTILITY DEPARTMENT ACCEPTANCE OF SEWER SERVING EMERALD COURT SUBDIVISION ACTION # A-121592-6.i ITEM NUMBER ~- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 15, 1992 SUBJECT: Acceptance of Water and Sanitary Sewer Facilities Serving The Village, Phase II COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Developers of The Village, Phase II, Village Associates, Ltd., have requested that Roanoke County accept the Deed conveying the water and sanitary sewer facilities serving the subdivision along with all necessary easements. The water and sewer facilities are installed, as shown on plans prepared by Balzer & Associates entitled The Village, Phase II, dated August 17, 1988, which are on file in the County Engineering Department. The water and sanitary sewer facility construction meets the specifications and the plans approved by the County. FISCAL IMPACT' The value of the water and sanitary sewer construction is $24,000 and $ 25,000 respectively. RECOMMENDATION' Staff recommends that the Board of Supervisors accept the water and sanitary sewer facilities serving The Village, Phase II subdivision along with all necessary easements, and authorize the County Administrator to execute a Deed for the transfer of these facilities. ~~ . SUBMITTED BY: Clifford 'g Utility Director /~' - / l.~ APPROVED: ~~n,~-~ Elmer C. Hodge County Administrator ACTION VOTE Approved (x) Motion by: Harry C. Nickens No Yes Abs Denied ( ) Eddy x Received ( ) Johnson x Referred Kohinke x to Minnix x Nickens x cc: File Clifford Craig, Director, Utility Arnold Covey, Director, Engineering & Inspections K- ~d NORTH ~~s._ ~ .~. , / ~ - ~ T_c. 'rF'. '' 4eo /!/ 1`y ~ ice. i_ l/~% i ._ T ~\` ~t9 `.\ ~~ ` ~prBV ' • ~ \' `~\ dry - _ \ ~ .,ti ~ ~ I I J „~,.o„a, -sG ~ ~!~~ ~' '' Pry' ,..~ ~_~._ r-- ; j~ i; C` `~ ~d .1A \~ ~d'(j 111 I.i. ..... ,.. z.\~ r~.p ~ v ~ i ~~ r'~ -.c _~ _: _.. _ .~-- RUN e n.,..,,..,.;'u;:...... <„ dQ~ ROANOKE COUNTY ACCEPTANCE OF WATER AND SEWER UTILITY THE VILLAGE PHASE II DEPARTMENT ACTION # A-121592-6.j ITEM NUMBER ~"'j - I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 15, 1992 SUBJECT: Acceptance of Water and Sanitary Sewer Facilities Serving Woodbridge, Section 12 COUNTY ADMINISTRATOR'S COMMENTS: ~..u... _ c a..~,~~ SUMMARY OF INFORMATION: The Developers of Woodbridge, requested that Roanoke County and sanitary sewer facilities all necessary easements. Section 12, L & S Enterprises, have accept the Deed conveying the water serving the subdivision along with The water and sewer facilities are installed, as shown on plans prepared by Balzer & Associates entitled Woodbridge, Section 12, dated February, 1990, which are on file in the County Engineering Department. The water and sanitary sewer facility construction meets the specifications and the plans approved by the County. FISCAL IMPACT• The value of the water and sanitary sewer construction is $25,000 and $ 50,000 respectively. RECOMMENDATION• Staff recommends that the Board of Supervisors accept the water and sanitary sewer facilities serving the Woodbridge, Section 12 subdivision along with all necessary easements, and authorize the County Administrator to execute a Deed for the transfer of these facilities. .~ ~~~~ SUBMITTED BY: Clifford Cra' .E. Utility Director APPROVED: ..~ Elmer C. Hodge County Administrator ACTION VOTE Approved (x) Motion by: Harry C. Nickens No Yes Abs Denied ( ) Eddy x Received ( ) Johnson x Referred Kohinke x to Minnix x Nickens x cc: File Clifford Craig, Director, Utility Arnold Covey, Director, Engineering & Inspections /~-ii NORTH I C4FVC 0 TA ~ A ~ -' R vE .~ g f y~ - En. ~ ~r.. ~ Y \ 9A2 •9101 I CHANNEL A' ~ •[NAN4EL 'O'' - i~~ T ~~ p^ y ._ ..... .,- ~ ~~ ~j~ r o ' v !/ ,,, ,c °°°° l u° ear i • ~+ .rc .u.c tu. a•+: I i IP a .+ APa L; i e L ~ ~ ~ IIP ~ ~•~'%;. ~ T ~T 2'f ~\ i f ~ ~, ~ I Lor /a Lorfs Lola mrn car ie ~'• LoTL9 LErzo core Lostt tlza~A`" ~~ II. ~ ~ a12tl9 ACra ~ ~J trv Ot vwc JLtl9 c 10 VA< 1 JiGV < 1 Oitlvacra IOt]/Ai/a ~ u'i!%/ v ~ OS ~ ~ I gi' ~ li . ~, i I '~e ..III r\r IP I .c a ~I ,r I r4 IP •~ ~/"" ~ .~ ~'','r ~tlt '" ,. I .n t - - ~ - ,. ~ L .c wtl ~ ' is .:. ~ .:. n. }~ r i • ~~ .rp ~ r- Lre~ati, ~ \L' jt• ~ ai~,.L i a.l ~ 1 IP .1 ~ ~~ ~~ - _ ~` Font ~~,o ^,,, •:~ , . ~ ~! ~ J b ICE f / t ~ (, ~ Z ~ \ lP ` i ~ [?~ __ _ .~ - / 5, \\e~ e0an elpo _ -..._. -_. ~ ~ ~ I i '. I ~ I EAT T T ~. COT/ I LETL I COT9 LOT 9~' 1 C TS ~~5•LET4 I COT7 I COTO LOTS GOT/O 4 0,h~ """'~'- CO I~[ wr nN 4.O ,,.: ar.. .r+ar.. .:nv Ar. .rnV a.. 1 o:tlvar,.. 1 1 u f• I.v ~~pri,..T Sf•~ ~ ~ I .... f.. ..., ......,.. u..,~ .f I i,~. tl~nT cr. /. ff~ rtl>./ I rr r0 I r/e, 00 ~ r ~. ~. ,~ t i /, . e. ,a ..,r fT Iw I Ion tc ,.tla.. f 5F ®- 13 DAVE, LNr EECS JH - T''.°eE- _ - _ ' ,vr ., .. : ,., _ -- 'v yECT/ON /Z I_;~-- ~~ PLAN/PF30F/LE ,b. ;~' l .o'i 3` I ,~ ~.. _ , . u°»'T.~~ ~ ~----H,rtlA., oA„tlAOE..A ROANOKE COUNTY ACCEPTANCE OF WATER AND SEWER SERVING UTILITY WOODBRIDGE, SECTION 12 DEPARTMENT ACTION # A-121592-6.k 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: December 15, 1992 AGENDA ITEM: Appropriation to Fund Replacement of the Wooded Acres Water Lines COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND' The Wooded Acres water lines had that was installed in 1974. These replacement in 1996 as part of Program presented to the Board of small diameter galvanized pipe water lines were scheduled for the Water Capital Improvement Supervisors last year. SUMMARY OF INFORMATION: During the past year, the Wooded Acres water lines have required almost monthly repair. In July, there were five water line breaks within three days. Staff decided to replace the entire water line under emergency construction in order to provide adequate water service to the customers. Since the original water line was under the highway pavement and had over twenty pavement patches, staff worked with VDOT to completely repave the road when the construction was completed. The new water line was constructed outside the paved area of the public right-of-way. FISCAL IMPACT' The total cost of the Wooded Acre water lines replacement project was $40,826.73. Funds are available for this project from the Utility Enterprise Replacement Fund. RECOMMENDATION' Staff recommends the Board of Supervisors appropriate $40,826.73 from the Utility Enterprise Replacement Fund to the Wooded Acres Water Project. d SUBMITTED BY: Cliffo aig, P. . Utility Director APPROVED: ~` ~~ C~ ) ,~~-r•~•~ ~c/ Elmer C. Hodge County Administrator ACTION VOTE Approved (x) Motion by: Harry C_ N;c-kens No Yes Abs Eddy x Denied ( ) Johnson x Received ( ) Referred Kohinke x to Minnix x Nickens x cc: File Clifford Craig, Director, Utility Arnold Covey, Director, Engineering & Inspections Diane Hyatt, Director, Finance Reta Busher, Director, Management & Budget A-121592-6.1 ACTION NO. ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 15, 1992 AGENDA ITEM: Request for Approval of a Raffle Permit and 50/50 Raffle Permit for Calendar Year 1993 from the Roanoke County School Food Service Chapter COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Roanoke County School Food Service Chapter has requested a permit to hold a raffle and 50/50 raffles in Roanoke County for the calendar year 1993 on the dates listed in the application. This application has been reviewed with the Commissioner of Revenue and he recommends that it be approved. The application is on file in the Clerk's Office. The organization has paid the $25.00 fee. STAFF RECOMMENDATION: It is recommended that the application for a raffle permit and 50/50 raffles for the calendar year 1993 from the Roanoke County School Food Service Chapter be approved. SUBMITTED BY: Mary H. Allen Clerk to the Board APPROVED BY: Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Harry C. Nickens No Yes Abs Denied ( ) Eddy x Received ( ) Johnson x Referred ( ) Kohinke x To ( ) Minnix ~,_ Nickens x cc: File Bingo/Raffle File F~ COUNTY OF ROANOKE, VIRGINIA COMMISSIONER OF THE REVENUE APPLICATION FOR PERMIT TO CONDUCT RAFFLES OR BINGO Application is hereby made for a bingo game or raffle permit. This application is made subject to all County and State laws, rules, ordinances, and regulations now in force, or that may be enacted hereafter and which are hereby agreed to by the undersigned applicant and which shall be deemed a condition under which this permit is issued. All applicants should exercise extreme care to ensure the accuracy of their responses to the following questions. Bingo games and raffles are strictly regulated by Title 18.2-340.1 et. sect. of the criminal statutes of the Virginia Code, and by Section 4-86 et. sect. of the Roanoke County Code. These laws authorize the County Board of Supervisors to conduct a reasonable investigation 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 specifically organized, except for reasonable operating expenses, shall be guilty of a Class 6 felony. THIS APPLICATION IF FOR: (check one) RAFFLE PERMIT BINGO GAMES Name of Organization ROAricll~ ~,_.rn~~/ Sch~e~ r'©~~~~ Sc°~u~~ce ~~i9~~rx Street Address ~ ~ G LOLL ~ ~ ~ ;9 UL , Mailing Address S ~ G ~oLL e ~ ~ .~9G/~ City, State, Zip Code ~%3LE'`r- y, L,.~. ~'~'~/S3 Purpose and Type of Organization /~,2o t~s~io:~.sL s~~~~ «, F-ti ~~ ~ ~h e ~ixX~ s~~v~ r <- ~7`IiG A/ne'•e•ic-.~r, sc'haoL a~?~a~" `~E',rv~~c.. When was the organization founded? ~ 9~yp ~.t ~ Roanoke County meeting place? q, ,~. ~~~~Q~ Jecfihrr~/_ r-~~~~,C. Has the organization been in existence in Roanoke County for two continuous years? YES_/ _ NO Is the organization non-profit? YES~_ NO Federal Identification Number „~ y p ~ ~ ~- S' y ~ Attach copy of IRS Tax Exemption Letter. Officers of the Organization: President:_f?,g~,e~~.~;~ ,Q~A•~ Vice-President Address : ~,?~, ~ ~Pu D~r~e Address . ~f~AUrt ICS ~~A ~' n~ j ,J!~~ L % ~~ if (1L.)~~ ~.1 t"f~7I- Secretary: ~~c~~ i~a~~~i~.~~r Treasurer: ~,,,,, ~ c'~,~~%~ Address: ~j / ,~~,~ ,y~ Address: ..-- ' , ~,..f5~v lac _ ,~',•~ f'l W Member authorized to be responsible for Raffle or Bingo operations: Name : /)')A,~ ~/j ,,q ~~~~,~ eL L Home Address G~/.~ /7eL,L ~i~ ~L~ .~%~~noke ~~i~ ~ y~r~) .S-a d: ~~~cLe~; c .eve Phone ~ .~L ~'~ , r/A a y r~ 3 ~~ -/~/d Bus Phone 3 may- (S-~'y/ A COMPLETE LIST OF THE NAMES AND ADDRESSES OF CURRENT MEMBERSHIP MUST BE FURNISHED WITH THIS APPLICATION. Specific location where Raffle or ~~e-Ga~tte is to be conducted. RAFFLES : Date of Drawing /Y)~~y ~ i/ ;~ Time of Drawin g ~','.~c~ ~/Y! BINGO: Days of Week and Hours of Activity: ~~~~~~/~~ U.9GC e~ °'~~~ Sunday From To ~~'~-~rsc Monday From To ~'AVi ci,~ rr Tuesda ~ ~ ~ ~ y `3 Y From To ~ e / ~'u,,~,zy/ ~~ Wednesday From To Thursday From To ~ ~'~ `"~ /~ Friday From To ,!j /',E.'>L ~,~ Saturday From To ~~~ /~y 2 State specifically how the proceeds from Bingo/Raffle will be used. List in detail the planned or intended use of the proceeds. Use estimated amounts if necessary. The proceeds will be used to make a contribution to the Helen G. Ward Scholarship Fund this is a Virginia School Food Service Association educational scholarship. The amount of the scholarship is $1,500.00 and it is awarded each year to one or more qualified applicants. The chapter also makes a contribution to the Special Olympics from the proceeds. A part of the proceeds will be used for the professional development of the Roanoke County School Food Service staff and training to make them more aware of the nutritional needs of the students. We would like to clear about $500.00 on the raffle and the 50/50. 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 calendar year period. BINGO INSTANT BINGO 1st Quarter 1st Quarter 2nd Quarter 2nd Quarter 3rd Quarter 3rd Quarter 4th Quarter 4th Quarter TOTAL TOTAL 2. Does your organization understand that it is a violation of law to enter into a contract with any person or firm, association, organization, partnership, or corporation of any classification whatsoever, for the purpose of organizing, managing, or conducting Bingo Games or Raffles? _~ ..~ 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? ,yam 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 records required to be maintained for Bingo games or raffles? Nye, 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 DECEMBER of each calendar year for which a permit has been issued? 6. Does your organization understand that if gross receipts exceed fifty thousand dollars during any calendar quarter, an additional Financial Report must be filed for such quarter no later than sixty days following the last day of such quarter? liJ,~.. 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? ~.~ 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, community, or educational purposes for which the organization is specifically chartered or organized, and that the operations 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? ~~,,,~, 9. Does your organization understand that a two (2) 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 December? r.1..e.2 a 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? ~,~,.~. 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, operations, or conduct of any bingo game or raffle, and no person shall receive any remuneration for participating in management, operations, or conduct of any such game or raffle?_~ 12. Has your organization attached a check for the annual permit fee in the amount of $25.00 payable to the County of Roanoke?~ 5 13. Does your organization understand that any organization found in violation of the County Bingo and Raffle Ordinance or Section 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? ~~ 14. Has your organization attached a complete list of its membership to this application form?_~,v~ 15. Has your organization attached a copy of its bylaws to this application form? ~~ , 16. Has the organization been declared exempt from property taxation under the Virginia Constitution or statues?~ If yes, state whether exemption is for real, personal property, or both and identify exempt properpty/. ~a ~e,y, ~ ~,,:/~o-,-P~ the c~~ze, r~riiyn~iv.~, 91CL~-/~yc7l1 ~ ~.~L®1!~ ~~b~{j~i/e'PS C7 f~L .C~i~G' ca .Sc'litl[~L.S' //!_~ uR'~tJc°SP_ .~C O/L %~irQ -~c-ss~ov~ ~G ~ yea r,~,f~ti 4~ ~ ~~e e•~,-, ~~,[:v~~ { ~'~ 17. State the specific type and purpose of the organization. 18. Is this organization incorporated in Virginia?~ If yes, name and address of Registered Agent: 19. Is the organization registered with the Virginia Department of Agriculture and Consumer Affairs pursuant to the Charitable Solicitations Act, Section 57-48 of the Virginia Code? 1'Lo (If so, attach copy of registered agent.) Has the organization been granted an exemption from registration by the Virginia Department of Agriculture and Consumer Affairs? ~D (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 ~~ 01~ P~ ~~~.~~~ ~/®~?.vc~ ~~U.vcs s-~. d d ;{-~ . v J Fair Market Value 6 %~, t ~ p~~ L~ ~ ~/~ ~. ~-e chi Uln AS 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 the 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 instant 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 door prize, regular from the playing of and address of each individual or special Bingo game prize or 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 only at such locations and 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? understand that instant Bingo may only regular bingo game is in progress, and at such times as are specified in this to whom a jackpot 7 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NOTARIZATION: THE FOLLOWING OATH MUST BE TAKEN BY ALL APPLICANTS I hereby swear or affirm under the penalties of perjury as set forth in §18.2 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: ame T Home Address Subscribed and sworn before me, this ~ day of D~~' 19~,~. in the County~it-y of j~~,~,~d/~~ Virginia. My com~m~ission expires: ~~~i~ Notary Public RETURN THIS COMPLETED APPLICATION TO: COMMISSIONER OF THE REVENUE P.O. BOX 20409 ROANOKE, VA 24018-0513 NOT VALID UNLESS COUNTERSIGNED The above application, having been found in due form, is approved and issued to the applicant to have effect until December 31st of this calendar year. Date ommi sinner of he Rev nue The above application is not approved. Date Commissioner of the Revenue 9 K.i3 HYLA46S of THE VIRGINIA-SCHOOt~ FOOD SERVICE ASSOCIATION Current As 0f March 1987 TABLE OF CONTENTS I. Name ............................................ ...................2 II. Purposes....... ..................................... ..............2 III. Membership ...........................................................3 A. Classes of Membership ............................................3 B. Rights and Privileges of Members .................................3 C. Dues .............................................................4 IV. Organizational Structure .............................................4 A. House of Delegates ...............................................4 H. Executive Hoard ..................................................5 C. Executive Committee ..............................................b D. Chapter Affiliates ...............................................7 E. Regions ..........................................................8 F. Sections.................. .......................................9 G. Committees and Advisory Hoards ...................................10 H. Helen G. Ward Foundation .........................................I4 V. Officers .............................................................15 A. Elected Officers .................................................15 H. Appointed Officers ...............................................19 VI. Meetings .............................................................20 A. Type of Meeting ..................................................20 B. Expenses .........................................................21 VII. Publications .........................................................21 VIII. Fiscal Year ..........................................................21 IX. Parliamentary Authority ..............................................22 X. Resolutions and Amendments ...........................................22 A. Method of Proposal ...............................................22 B. Procedures for Bylaw Amendments ..................................22 C. Procedures far Resolutions .......................................22 D. Resubmission of Resolutions or Bylaws Amendments .................23 XI. Definitions ..........................................................23 A. Nonvoting Member .................................................23 B. Chapter Affiliate ................................................23 C. Noneligible Field ................................................23 D. Nonprofit ........................................................23 E. Standing Committee ...............................................23 F. Advisory Board ...................................................23 G. State Annual Conference ..........................................23 XI1. Effective Date .......................................................23 6. All members of the Association shall be eligible to attend the meetings of the House of Delegates as observers but shall not have the right to participate in floor debate. 7. The official publication of the Association shall be distributed to~all members. Section C - Dues. i. Dues for each class of membership may be changed by a two-thirds (2/3) affirmative vote of the delegates present in the House of Delegates. Membership in the Association and all rights and privileges thereof shall be terminated if at any time a member's dues are unpaid. 2. Annual dues of the Association, along with those of the ASFSA, when applicable, shall be submitted. to the Membership/Certification Secretary. 3. Sustaining and retired members shall not be required to become members of ASFSA. 4. Honorary members shall not be required to pay dues. 5. Life members shall pay dues equal to twenty (20) times the highest dues for active members. ARTICLE IV ORGANIZATIONAL STRUCTURE The affairs of the Association shall be directed and conducted by the Executive Board pursuant to policies adopted by the House of Delegates. No member of the Executive Board or House of Delegates shall receive salaries for their services in such capacities unless they shall be separately employed under contract by the Association. Section A - House of Delegates. 1. Composition. a. The voting delegates shall include the Executive Hoard, past state presidents attending a Hause of Delegates within the last five (5) years, istate) standing committee and advisory board chairmen of the Association, and (designated number of) affiliated chapter delegates; presidents, elected delegates or alternates. b. Each voting delegate of the House of Delegates must be an active,. retired, or life member of the Association. c. The Advisor, the Consultant, the Clerical Coordinator, the Parliamentarian, and the Chairman of the Industry Advisory Hoard shall be nonvoting members of the House of Delegates. 2. Responsibilities. a. Establishes the philosophies and goals of the Association. 4 2. Responsibilities. a. Directs the affairs of the Association in accordance with the philosophies, ~ general policies, and goals adopted by the House of Delegates. No action shall be taken which conflicts with actions of the House of Delegates or . Bylaws of the Association. b. Considers general and specific recommendations made by the House of Delegates. c. Appoints persons to act on behalf of the Association and defines their specific responsibilities. d. Adopts the annual budget for the Association including, but not limited to, budgets for all state meetings of the Association. e. Manages and directs the financial affairs of the Association. f. Authorizes persons to sign checks, contracts, and other documents on behalf of the Association. g. Approves organizational structure, job description, and salary ranges for employees of the Association. h. Approves all committee and advisory board appointments with the exception of the Nominating Committee. i. Fills vacancies of unexpired terms of Executive Board members, unless otherwise specified. j. Approves Five Year Plan of Action, when applicable. k. Approves Plan of Action of the Association for the ensuing year prior to the annual Leadership Seminar. 1. Recommends positions and policies to the House of~Delegates. m. Provides leadership in working with allied associations and groups which share a similar purpose. n. Designates the President and President-Elect as the official delegates to the ASFSA House of Delegates. Should membership permit three (3) delegates, the Treasurer shall attend in odd-numbered years and the Secretary shall attend in even-numbered years. Section C - Executive Committee. 1. Composition. a. The voting members of the Executive Committee shall consist of the President, who shall act as Chairman, President-Elect, Secretary, Treasurer, Chairman of Regional Directors, and Chairmen of Sections. 2. Responsibilities. a. Acts in emergencies when time does not practically permit a meeting of the entire Executive Hoard as determined by the President. Action taken shall not be in conflict with Executive Hoard policies and bylaws of the b Section E - Regions. + Divisions having local affiliated chapters. The state shall be divided into nine (9? regions as outlined. Each region shall have a Regional Director. REGION I *Alexandria eArlington Clarke *Fairfax *Falls Church *Fauquier *Frederick *Loudoun +~Manassas City +~Manassas Park Prince William Shenandoah +tWarren Winchester REGION II Alleghany Highlands *Augusta Hath Huena Vista Covington *Harrisonburg Highland *Lexington Page +~Rockbr idge *Rockingham *Staunton +~Waynesboro REGION III Charles City Colonial Beach Essex *Gloucester *Hampton Hanauer +~F{enr i co James City King and Queen King William Lancaster Mathews Middlesex New Kent *Newport News Northumberland ~Poquoson *Richmond City Richmond County West Point Westmoreland Williamsburg *York 8 Section G Committees and Advisory Boards 1. Organization. Members shall be appointed by the President,. subject to Executive Board approval, for a three (3) year term unless otherwise specified. A standing committee or advisory board shall have at least three- (3) members and a member shall not serve on more than one standing committee or advisory board at the same time or for• more than two consecutive terms on the same committee or advisory board with the exception of the nominating committee and State Conference Committee. Chairmen shall be appointed by the President to serve for one year. An individual may serve as Chairman no more than three (3) consecutive years on any standing committee or advisory board. (An individual may be appointed chairman for a 4th year by the Executive Board upon extenuating circumstances.) 2. Eligibility. Members of a committee or advisory board shall have expertise in the subject area of the committee or advisory board on which they serve. All committee and advisory board members must be members of the Association. 3. Activities. The committees shall develop plans for action in keeping with the state Plan of Action which shall be subject to the approval of the Executive Board. Actions of the committees and advisory boards shall not be in conflict with the policies, positions, or Bylaws of the Association. They shall meet as authorized by the Executive Hoard. 4. Standing Committees. There shall be the following standing committees. No more than 1/3 of the members of the committee shall be appointed in any one year except to fill vacancies as herein provided. Should a vacancy occur, the President, with the approval of the Executive Hoard, shall appoint a replacement to fill the unexpired term. a.Nominating Committee. This committee shall consist of immediate past Regional Directors, and Section Chairmen. Responsibilities: (1) Selects two candidates for each office to be filled on the ballot in accordance with the Bylaws. (2) Verifies eligibility of candidates. (3) Submits slate of officers to Editor, "The News of School Food Service in Virginia," by scheduled deadline (Fall Issue) along with the candidate information. (4) Surveys House of Delegates and Executive Board for potential candidates. (5) Notifies-all candidates of election results by January 1. b. Public Policy and Legislative Committee. Two additional members may be appointed by the President for one year terms. Resoonsibilities: (1) Evaluates, interprets, commends, and responds to federal and state legislation and regulations in line with ASFSA. (2) Informs the membership of current legislation. 10 f. Public Communications Committee. Two additional members may be appointed by the President for one year terms. Responsibilities: (1) Recommends to the Executive Hoard, standards, policies, and procedures pertaining to the implementation of the Association's public, information program. (2) Evaluates and interprets Association public information efforts with the chapter public information chairmen. (3) Works toward creating a positive image for the Association and school food and nutrition programs. (4) Coordinates National School Lunch Week activities in Virginia and develops special promotional ideas. g. Publications. This committee shall consist of the Association Publication Editor, Advertising Manager, and one additional member as appointed by the President. Responsibilities: (1) Publishes three issues of "The News of School Food Service in Virginia" and keeps a complete file of all issues for Association records. (a) Fall Issue (b) Winter Issue (c) Spring Issue (2) Solicits advertisements to cover cost of publication. (3) Confers with the President prior to publication of each issue. (4) Publishes Fall Issue (first) at least forty-five (45) days prior to the deadline for return of ballots. (5) Publishes Winter Issue (second) at least forty-five (45) days prior to annual State Conference. h. Scholarship Committee. One of the three members of this committee shall be the treasurer of the Helen G. Ward Foundation. Responsibilities: (1) Develops and publicizes criteria for selection of recipient(s) with Executive Board approval. (2) Reviews the applications for the scholarship. (3) Selects the recipient(s) and presents the Helen G. Ward Foundation Award at the annual Conference. 12 (d) Works with the Industry Advisory Hoard to improve and expand industry participation in the exhibits held in conjunction with the /~ annual Conference. 5. Advisory Board(s). There shall be the following advisory boards which shall consist of three to five members as appointed by the President with the approval of the Executive Board. ~ . a. Industry Advisory Hoard. Additional members may be appointed by the President. Responsibilities: (1) Consists of Association members and sustaining members from companies exhibiting at the annual State Conference. The chairman shall serve as a nonvoting member in the House of Delegates. t2) Serves as liaison between industry and Association and works to achieve common goals. b. Youth Advisory Council Advisory Board. Responsibilities: (1) Recommends to the Executive Board standards, policies, and procedures pertaining to the implementation of the Association's Youth Advisory Council Program. t2) Coordinates and implements activities as developed by the Youth Advisory Council. b. Special Committees and/or Advisory Boards. The designation of such special committees and/or advisory boards shall be made by the President with the approval of the Executive Board. Section H - Helen G. Ward Foundation. 1. Name. The Scholarship Fund shall be known as the Helen G. Ward Foundation as established by the Association at its annual meeting, March 1964. 2. Purpose. Annually the Association/Foundation shall award $1,000 to one or more members taking graduate, undergraduate, and two year programs for credit or noncredit courses directly related to improvement in school food service skills, technology, and/or nutrition. 3. Funding. The Foundation funds shall be increased by contributions and other means. 4. Organization. The person assigned .responsibility for this Foundation by the Executive Board, shall be known as the Treasurer of the Helen G. Ward Foundation and shall be bonded. Responsibilities: a. Recommends to the Executive Board, for approval, investment possibilities. 14 3. Vacancies. a. In the event a vacancy occurs in the office of the President and President° ~" Elect concurrently, the Secretary or Treasurers the one who has served longer in the respective office, shall serve as President until. the next regularly elected officers are installed. b. The President shall appoint, with the approval of the Executive Board, from eligible membership qualified persons to fill all other vacancies. 4. Terms and Responsibilities. The primary responsibilities of each officer are Listed below, but shall not be limited to those. duties only. a. President. The President shall be the Executive Officer of the Association and shall serve one year. The responsibilities of the President are as follows: (1) Represents the Association in policy matters. (2) Serves as Chairman of The Executive Board and Executive Committee. (3) Presides at meetings of the Association (with the exception of the .House of Delegates.) (4) Serves as an exofficio member of all committees and advisory boards except the Nominating Committee. (5) Prepares and establishes time schedules and agenda for Executive Board and Executive Committee meetings. (b) Appoints, with the approval of the Executive Board, members of committees and advisory boards except the members of the Nominating Committee. (7) Appoints chairmen of all committees and advisory boards subject to Executive Board approval. (B) Follows up on action taken by the House of Delegates and the Executive Board. (9) Establishes time schedules for meetings of the Association. (10) Follows up on the implementation of the Plan of Action. (11) Appoints from the membership a person to act as Parliamentarian during the term of office. (12) Appoints from the membership a person to act as Chairman of Tellers, who shall select two additional tellers. (13) Submits to the new President of the Association all records within thirty t30) days after the annual Conference when term of office expires. t14) Updates the history for the term of office by September 1 following end of term. 16 (B) Collects all Officer's Handbooks at the annual meeting and redistributes same to proper incoming officers. (9) Submits to the new Secretary of the Association all records within thirty (30) days after the annual meeting when term of off ice 'expires. d. Treasurer. The Treasurer shall be elected in odd years and shall, serve two (2) years. The Treasurer shall be bonded by a recognized security company for an amount consistent with the funds handled as determined by the Executive Board. The report and accounts shall be audited at the close of the fiscal year by an auditing committee appointed by the President and shall be transmitted to the new Treasurer within two weeks after close of audit. The responsibilities of the Treasurer are as follows: (1) Supervises and monitors the funds, investments and securities of the Association. (2) Drafts a proposed annual budget, and, with the approval of the Executive Committee, submits this budget to the Executive Hoard for approval. (3) Notifies officers of the Association and the chairman of each committee and advisory board of the funds budgeted for their areas of responsibility. (4 )' Monitors expenditures against budget and notifies the appropriate persons of the status. (5) Submits the portion of dues collected for membership to ASFSA on a timely basis. (b) Submits a financial report at each Executive Hoard Meeting and to the House of Delegates. e. Reoional Directors. Regional Directors shall be elected for a two (2) year term, and their principal place of employment shall be in the respective region. Voting for the office of Regional Director shall be limited to the membership of the region concerned. Election shall be conducted annually with Directors in odd-numbered regions elected in odd-numbered years and Directors in even-numbered regions elected in even-numbered years. At the annual State Meeting, the Regional Directors shall elect a chairman who shall serve as a member of the Executive Committee and who shall compile the reports of all Regional Directors for presentation to the House of Delegates. The responsibilities of the Regional Directors are as follows: (1) Promotes the Association's Plan of Action. (2) Expresses the views of chapter affiliates when evaluating or voting on issues. (3) Acts as liaison between chapter affiliates and Executive Hoard. (4) Assists chapter affiliates. 18 b. Is a nonvoting member of the House of Delegates. ,' c. Serves as a member of the Affiliations Committee. d. Responsible for preparing and submitting in writing to the President suggestions for up-dating the handbook prior to or at the conclusion of term of office. ~ ' 2. Parliamentarian. the term of the Parliamentarian shall coincide with the President's term in office and shall serve without vote. The responsibilities of the Parliamentarian are as follows: a. Advises the President on parliamentary procedures, giving rulings when requested by the President. b. Advises the President-Elect at the House of Delegates Meeting. c. Is a nonvoting member of the House of Delegates. 3. The Consultant. The Consultant is the state supervisor of School Food Service. The responsibilities of the Consultant shall be as follows: a. Acts as liaison between the State Department of Education and the Virginia School Food Service Association. b. Advises Executive Board in matters relating to Federal/ State School Lunch guidelines. c. Is a nonvoting member of the House of Delegates. 4. ethers. The President, with Executive Hoard approval, may appoint other officers to carry out its responsibilities. ARTICLE VI MEETINGS Section A - tae of Meeting. 1. Annual Meeting. There shall be an annual meeting of the Association which shall be known as the State Conference. The date and place of this meeting shall be set by the Executive Board. Notice of the State Conference, including date, place and time, shall be sent to each member of the Association through the official publication of the Association. 2. House of Deleoates. There shall be a meeting of the House of Delegates held at the time of the annual State Conference called by the Chairman of the House of Delegates who shall be the President-Elect. This meeting shall be open to all members of the Association and delegates from the Youth Advisory Council may attend. Discussion and voting shall be limited to the official delegates of the appointed alternates. 3. Executive Board. The Executive Board shall meet four (4) times annually; immediately before and within forty-five t45) days after the Annual Meeting; two additional meetings at the call of the President of bO;S of the voting members of the Executive Board. Two-thirds (2/3) of the voting members shall 20 ARTICLE IX PARLIAMENTARY AUTHORITY Subject to the final ruling of the Presiding Officer,. the Certificate of Incorporation and these Bylaws, meetings of the Association shall be governed by. the latest edition of Robert's Rules of Order. ARTICLE X RESOLUTIONS AND AMENDMENTS Section A - Method of Proposal. Resolutions and amendments to these Bylaws may be proposed, in writing, no later than November 1 in any one of the following ways: 1. At the official request of a chapter affiliate. 2. By majority vote of the Executive Board. 3. At the official request of Association committees or advisory boards. 4. By written petition signed by 10 members of the Association. Section B - Procedures for Bvlaw Amendments. Amendments to these Bylaws may be adopted: 1. Provided the chairman of the Resolutions and Bylaws Committee received the amendments, in writing, postmarked on or before November 1 to be considered at the next annual State Conference; and :' 2. Provided copies of the proposed amendments have been mailed to all members of the Association through publication in "The News of the School Food Service of Virginia" or by direct mail at least thirty (30) days prior to the annual State Conference or deadline for casting a mail vote; and 3. By a two-thirds (2/3) vote of the members present at the annual meeting of the House of Delegates; or 4. By a two-thirds (2/3) affirmative mail vote returned. Section C - Procedures for Resolutions. 1. All proposed resolutions to be considered at the annual State Conference shall be submitted to the Chairman of the Resolutions and Bylaws Committee in writing postmarked no later than November 1 prior to the annual State Conference. Upan unanimous consent of the delegates, a resolution may be submitted from the floor of the House of Delegates. 2. Proposed resolutions to be considered by the House of Delegates shall be mailed to all members of the House of Delegates thirty (30> days prior to the annual State Conference. 3. Adoption of proposed resolutions shall require a simple majority vote of the House of Delegates with the exception of resolutions dealing with changes in membership dues or the removal of an officer, which shall require a two-thirds (2/3) vote. 4. Resolutions which are in conflict with the Bylaws of the Association will not be presented to the House of Delegates. 22 n ~ /' ~~ J '~ i ~ d i '~ " (~ , <° " ~..1[< c-~~.=~C~,.''xJ -'~~ G.[G~C~cn ~r d_/ /,i~c.~i-~'~a c.L>~J-~~s~.~ ;J . ~"~ ~ :.~.~~ r o..~ 1.t~u-~ ~ j r~ I ~ is ,~ _~ ~-u-- . i ~ ~ 1 {~,.J ! /~.1tQ, , i U _- U.~ / ~/ //,/~` ~ L C ~' ~ ~ ~ ~ ..~l _ C. f.~l_ . ~7L i i ~ ~% `~/P '~- ~.,-~f ~t~y/ '~ ~ yl?)GZ-t~/..[.CL ~iix ~ ra_.C_~ cl l i !~ a i "~ \ ~, ..<~ ~ J /'~( -- COIINTY OF ROANORE, VIRGINIA GENERAL FIIND UbTAPPROPRIATED BALANCE Beginning Balance at July 1, 1992 (Audited) August 12, 1992 Dixie Caverns Sept. 8, 1992 Cable TV budget October 13, 1992 Bloodborne Pathogens Standards October 27, 1992 Computer Upgrade ~ of Genera 1 ~ 1 ~ Amount Fund Expenditures $5,419,414 7.51$ (100,000) (21, 149) (33,800) (126,281) December 1, 1992 Hepatitis B Vaccine - Volunteers L36,840) Balance as of Dec. 15, 1992 $5,101,344 7.07$ Reserve Amounts November 17, 1992 Reserved for employee benefits (606,182) November 17, 1992 Reserved for building (350,000) $4,145,162 5.75$ 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 ($72,151,291). -~ COUNTY OF ROANORE, VIRGINIA CAPITAL FOND IINAPPROPRIATED BALANCE Beginning Balance at July 1, 1992 $ 24,705 (Audited) Addition to Capital Reserve from 114,760 original 1992-1993 budget July 14, 1992 Lighting of Green Hill Park Ball Fields (15,000) October 13, 1992 Repair ladder truck at Cave Spring Fire Station (19.001) Balance as of December 15, 1992 $ 105.464 Submitted by Diane D. Hyatt Director of Finance ~~~ COIINTY OF ROANORE, VIRGINIA RESERVE FOR BOARD CONTINGENCY Beginning Balance at July 1, 1992 $ 50,000 July 14, 1992 Information Program for Bond Referendum (18,250) July 28, 1992 Roanoke Regional Housing Strategy (2,000) August 12, 1992 Outside Legal Assistance (10,000) September 8, 1992 Grumman Litigation (229) September 22, 1992 Grumman Litigation (869) October 13, 1992 Space Study (5,000) October 27, 1992 Grumman Litigation (941) December 1, 1992 Grumman Litigation (289) Balance as of December 15, 1992 $ 12,422 Submitted by Diane D. Hyatt Director of Finance ACTION NO. ITEM NUMBER '~ ~" ~7" AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 15, 1992 AGENDA ITEM: Accounts Paid - November 1992 COUNTY ADMINISTRATOR'S COMMENTS: SUNIl~IARY OF INFORMATION: Payments to Vendors: $7,299,178.30 Payroll: 11/6/92 $ 467,273.30 11/20/92 494.193.02 961,466.32 961.466.32 $8,260,644.62 A detailed listing of the payments is on file with the Clerk to the Board of Supervisors. Respectfully submitted, ,(,(X/r,~L., ~ . Diane D. Hyatt Director of Finance Approved by, Elmer C. Hodge County Administrator -------------------------------------------------------- ACTION VOTE No Yes Abs Approved ( ) Denied ( ) Received ( ) Referred ( ) To Motion by: Eddy Kohinke Johnson Minnix Nickens ACTION NO. ITEM NUMBER / ~ AT A REGULAR MEETING OF THE BOARD OF SCJPERVISORS OF ROANOKE CO[JNTY, VIRGINIA HELD AT THE ROAi'~OKE COUNTY ADMINISTRATION CEUPER MEETING DATE: December 15, 1992 AGENDA ITEMS: Statement o~ the, Treasurer's Accountability per Investments and Portfolio Policy, as of November 30, 1992. COUNTY ADMILQISTRATOR' S COMMEN'T'S: SUMMARY OF INFORMATON: CAPI'I'OLINE CRES'I'AR BANK C~2TIFICAI'E OF DEPOSITS: CENTRAL FIDELITY BANK SOU'I'HNIEST VIRGINIA SAVINGS & IIJAN LOCAL GOVT INVES`1'MENT POOL: NATIONS BANK REpC]RCHASE AGREEMENT SIG.'~7~P BANK SAVINGS: NATIONS BANK DOMINION BANK 'DOTAL S`I'AFF RECOMMENDATION: Respe~ dully Submi' fed ~~. _„__, _ A fred C. Anderson County Treasurer ACTION Approved ( ) Motion by: Denied ( ) - Received ( ) _ Referred ( ) To ( ) 3,147,729.17 1,000,000.00 100,000.00 3,141,817.09 1,0u0,000.U0 82,745.08 4,767.96 8,477,059.30 Approved __---~ ---------------- Elmer C. Hodge County Administrator varE No Yes Abs Eddy - - - Johnson _ _ _ Kohnike _ _ _ Minnix _ _ Nickens - ~ Item No . /~" AT A REGULAR MEETING F THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT T E ROANOKE COUNTY ADMINISTRATION CENTER IN ROAN KE, VA ON TUESDAY, MEETING DATE: December 15,11992 AGENDA ITEM: Acceptance f a Resolution of Support from the Roanoke Val ey Convention & Visitors Bureau for a Blue Ridge egion Visitors Information Center EBECIITIVE BIIMMARY: The Roanoke Valley Conve ion & Visitors Bureau (RVCVB) sent Roanoke County a Resoluti n of Support of a Blue Ridge Region Visitors Information Cente dated November 24, 1992. The resolution specifies th along the Blue Ridge Parkwa they feel that this projec~ helping the Roanoke Valley industry in the United Stat Roanoke County continues development strategy. FISCAL IMPACT: None STAFF RECOMMENDATION: 1. Receive and file. Respectfully submitted: ,~: ~'~~ RVCVB's support for a visitors center - and states in their cover letter that is vital for the forward movement in gain momentum in the fastest growing es -- Tourism. to support tourism as an economic Approved: Jo~rce W. Waugh Economic Development Speci list 6J V' Elmer C. Hodge County Administrator -------------------------- ------------------------------------ nrmTn No Yes Abs Approved Denied Received Referred to ( ) Motion by: ( ) ( ) Eddy Johnson Kohinke Minnix Nickens Attachment The\ Roanoke December 1, 1992 Dear Friend in Tourism: The Roanoke Valley official stand of Information Center. 4•\ _!~ - ` ~~ 4m C n.\ FV , i J ~ ~ ` .,r `~, ~, , & Visitors Bureau on and Visitors Bureau has taken an for Blue Ridge Region Visitors I am sending you a copy of a resolution signed by our President, Richard Wells. We si cerely hope that you will help us in supporting this activity. We feel that this project is vital for the forward movement in helping us gain momentu in the fastest growing industry in the United States - Tourism. Thank you for your su Sincerely, ~~ %~Q Mar ha Mackey Executive Director MM/pw on this issue. "Capital of the Blue Ridge" (703) 342-6025 r, _ ,, ~ ~.r .? -. c-~__._. n_..._~i.~ ~r...._.:..,:,. nnni i i nn~ / Y °° ~. Roy Valley Convention & Visitors Bureau November 24, 1992 RESOLUTION IN SUPPORT OF A BLUE RIDGE REGION VISITORS INFORMATION CENTER WHEREAS, the Blue Ridge Parkway extends through the Biue Ridge Region of Virginia and brings 8.2 million visitors annually to western Virginia, and WHEREAS, the Tourism Task Force of the Blue Ridge Economic Development Commission, established by the Virginia General Assembly, has recommended the placement of a Blue Ridge Region Visitor Information Center along the Blue Ridge Parkway in the Roanoke Valley, and WHEREAS, the National Park Service has issued an environ- mental impact statement on the Roanoke River Parkway recommending the location of a Visitors Center on the Blue Ridge Parkway in the general vicinity of Virginia's Explore Park, and WHEREAS, the National Park Service is a cosigner of a Memorandum of Understanding (92-MOU-055} between several federal agencies and the United States Travel and Tourism Administration which establishes a general framework for cooperation to advance domestic and international public awareness of tourism opportunities on the federal lands of the United States; and, "Capital of the Blue Ridge" (703) 342-6025 l ~ --~ (2) WHEREAS, the Blue Ridge Parkway, Roanoke County, Commonwealth of Virginia, The River Foundation, Virginia Recreational Facilities Authority, and the private sector are potential groups that can locate, design, construct, and operate a Blue Ridge Region Visitors Information Center and WHEREAS, benefits from such a facility would reach local, regional and state governments, private businesses, national parks and memorials, and our general citizens, NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Roanoke Valley Convention and Visitors Bureau supports the location of a Visitors Information Center on the Blue Ridge Parkway in the Roanoke Valley that will provide tourism information and interpretive opportunities of the heritage, people and culture of the Blue Ridge Region of Virginia. The location, design, construction, and operation of this Visitors Center should be an opportunity for local, state and federal governments., and the private sector to develop a partnership to realize this concept. A~opy teste : i p ~~ '~ Richard Wells, President ACTION NO. ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 15, 1992 AGENDA ITEM: 1993 Preliminary Assessment Report COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND' The 1993 Reassessment is being finalized and preparations for hearings are complete. Notices will be mailed December 28, 1992, and hearings will run from January 11, until January 23, 1993. These hearings will be conducted in the Assessor's Office. Attached is preliminary information relative to value changes in Roanoke County. These figures reflect the economic conditions of the past year and all areas of the County were relatively consistent in their assessment changes. Total amounts are subject to fluctuation due to actions taken during the hearings and by the Board of Equalization. ALTERNATIVES AND IMPACT: None RECOMMENDATION' None ,~tespectfull//y /submitted, o n D. Willey, SSA---~=~ Director-Real state ~sessments Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) Motion by: Approv by, ~''' 'c~ Elmer C. Hodge County Administrator ACTION VOTE Eddy Johnson Kohinke Minnix Nickens No Yes Abs N-7 1993 REASSESSMENT SUMMARY Total Assessment Total Taxable Real Estate Total Dollar Increase - Reassessment Total Percent Increase - Reassessment Commercial Dollar Increase Commercial Percent Increase Residential Dollar Increase Residential Percent Increase $3,437,386,600 $3,058,618,600 $ 68,702,000 2.32% $ 8,004,400 1.3% $ 60,697,600 2.53% Estimated Range of Percentage Change -10 - +25% AT A REGIILAR MEETING OF THE BOARD OF SIIPERVISORS OF ROANORE COIINTY, VIRGINIA, HELD AT THE ROANORE COIINTY ADMINISTRATION CENTER ON TIIESDAY, DECEMBER 15, 1992 RESOLIITION CERTIFYING E%ECIITIVE 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. December 15, 1992 County staff requests the Board to adopt a motion to enter into executive session within the provisions of the Virginia Freedom of Information Act as follows: (a) to discuss a specific legal matter requiring the provision of legal advice by the County Attorney and briefings by staff members concerning financing for an economic development project in accordance with Section 2.1-344 A 7 of the 195C Code of Virginia, as amended. (b) to discuss a specific legal matter requiring the provision of legal advice by the County Attorney and briefings by staff members concerning the proposed Consent Decree with $PA regarding the Dixie Caverns Landfill in accordance with Section 2.1-344 A 7 of the 1950 Code of Virginia, as amended. AT A REGIILAR MEETING OF THE BOARD OF SIIPERVISORS OF ROANORE COIINTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 15, 1992 RESOLIITION 121592-7 CERTIFYING E%ECUTIVE 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. On motion of Supervisor Nickens to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: ~- Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Executive Session L ~ `.y. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 15, 1992 RESOLIITION 121592-8 REQIIESTING THE GENERAL ASSEMBLY TO AMEND THE CHARTER FOR THE COUNTY OF ROANORE WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has complied with the provisions of § 15.1-835 of the 1950 Code of Virginia, as amended; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, hereby requests the General Assembly to amend the existing Charter of the County of Roanoke. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, hereby requests the General Assembly for the Commonwealth of Virginia to amend the Charter of the County of Roanoke as follows: 1. § 2.02. Taxing powers.--In addition to the powers granted by other sections of this charter and general laws, the county shall have the power to raise annually by taxes and assessments, as permitted and limited by genera law, in the county such sums of money as the board of supervisors shall deem necessary to pay the debts and defray the expenses of the county in such manner as the board of supervisors shall deem expedient. In addition to, but not as a limitation upon, this general grant of power the county shall have power to levy and collect ad valorum taxes for admission to or other charge for any public amusement, entertainment, performance, exhibition, sport or athletic event in the county, which taxes may be added to and collected with the price of such admission or other charge; to levy and collect taxes 1 on hotel and motel rooms not to exceed t::= r-~.c,.~t `~~<`~`! of the amount charged for the occupancy thereof; to levy and collect taxes on the sale of meals, including nonalcoholic beverages, only as provided for by general law and such tax shall apply also to food prepared on premises and sold to take out, such tax is subject to limitations as may be imposed by general law; to levy and collect privilege taxes, local general retail sales and use taxes as provided by law; unless prohibited by law, to require licenses, prohibit the conduct of any business, profession, vocation or calling without such license, require taxes to be paid on such licenses in respect of all businesses, professions, vocations and callings not exempted by prohibition of general law; to franchise any business or calling so as to protect the public interest; and to require licenses of all owners of vehicles of all kinds or the privilege of using the streets and other public places in the county, require taxes to be paid on such licenses and prohibit the use of streets, alleys and other public places in the county without such license; provided notwithstanding any contrary provision of this charter the county shall not levy any tax on other than those taxes specially authorized in Title 58.1 of the Code. In addition to the other powers conferred by law, the County of Roanoke shall have the power to impose, levy, and collect, in such manner as its board may deem expedient, a consumer or subscriber tax at a rate or rates not exceeding those authorized by general law upon the amount paid for the use of gas, electricity, 2 telephone, and any other public utility service within the county, or upon the amount paid for any one or more of such public utility services, and may provide that such tax shall be added to and collected with bills rendered consumers and subscribers for such services. 2. That the Clerk to the Board shall transmit a certified copy of this resolution to the members of the General Assembly representing Roanoke County. 3. That this resolution shall be effective immediately upon its adoption. On motion of Supervisor Nickens, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors CC: File Paul M. Mahoney, County Attorney Reta Busher, Director of Management & Budget Diane Hyatt, Finance Director Roanoke Valley Legislators 3 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: December 15, 1991 AGENDA ITEM: Public Hearing Amendments to Roanoke County Charter COUNTY ADMINISTRATOR' S COMMENTS : ~~~1,yL~"y~u~~' <~`~-~~`~~ A~ SUNIlKARY OF INFORMATION: On May 12, 1992, the Board of Supervisors adopted a legislative program for Roanoke County for the 1993 session of the Virginia General Assembly. This legislative program included requesting the General Assembly to amend the Roanoke County Charter as follows: a) Amend Sec. 2.02 to increase the authority of the County to levy and collect taxes on hotel and motel rooms from 2~ to 6~. This public hearing was published in the newspaper as required by State law on December 4, 1992. This request to the General Assembly to amend the existing Charter must be transmitted to one or more members of the General Assembly representing Roanoke County for introduction as a bill in the succeeding session of the General Assembly. Charter bills or charter amendments must be introduced on the first day of the General Assembly Session. STAFF RECOMMENDATION: It is recommended that the Board conduct the public hearing as advertised and as required by law at which citizen shall have an opportunity to be heard to determine if the citizens of the County request the General Assembly to amend its existing charter. At the conclusion of this public hearing, it is recommended that the Board consider the adoption of the attached resolution, or an amended resolution addressing some of the topics. 1 C~ - / Respectfully submitted, ~~ / Paul M. Mahoney ;~ County Attorney Action Approved ( ) Denied ( ) Received ( ) Referred to c:\wp51\agenda\eade\charter.rpt Motion by Eddy Johnson Kohinke Nickens Minnix Vote No Yes Abs 2 ~-> AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 15, 1992 RESOLOTION REQIIESTING THE GENERAL ASSEMBLY TO AMEND THE CHARTER FOR THE COIINTY OF ROANORB WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has complied with the provisions of § 15.1-835 of the 1950 Code of Virginia, as amended; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, hereby requests the General Assembly to amend the existing Charter of the County of Roanoke. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, hereby requests the General Assembly for the Commonwealth of Virginia to amend the Charter of the County of Roanoke as follows: 1. § 2.02. Taxing powers.--In addition to the powers granted by other sections of this charter and general laws, the county shall have the power to raise annually by taxes and assessments, as permitted and limited by genera law, in the county such sums of money as the board of supervisors shall deem necessary to pay the debts and defray the expenses of the county in such manner as the board of supervisors shall deem expedient. In addition to, but not as a limitation upon, this general grant of power the county shall have power to levy and collect ad valorum taxes for admission to or other charge for any public amusement, entertainment, performance, exhibition, sport or athletic event in the county, which taxes may be added to and collected with the price of such admission or other charge; to levy and collect taxes 1 ~~i on hotel and motel rooms not to exceed `_-.:c recce~t ~'~~:~ of the amount charged for the occupancy thereof; to levy and collect taxes on the sale of meals, including nonalcoholic beverages, only as provided for by general law and such tax shall apply also to food prepared on premises and sold to take out, such tax is subject to limitations as may be imposed by general law; to levy and collect privilege taxes, local general retail sales and use taxes as provided by law; unless prohibited by law, to require licenses, prohibit the conduct of any business, profession, vocation or calling without such license, require taxes to be paid on such licenses in respect of all businesses, professions, vocations and callings not exempted by prohibition of general law; to franchise any business or calling so as to protect the public interest; and to require licenses of all owners of vehicles of all kinds or the privilege of using the streets and other public places in the county, require taxes to be paid on such licenses and prohibit the use of streets, alleys and other public places in the county without such license; provided notwithstanding any contrary provision of this charter the county shall not levy any tax on other than those taxes specially authorized in Title 58.1 of the Code. In addition to the other powers conferred by law, the County of Roanoke shall have the power to impose, levy, and collect, in such manner as its board may deem expedient, a consumer or subscriber tax at a rate or rates not exceeding those authorized by general law upon the amount paid for the use of gas, electricity, 2 `~-~1' "" telephone, and any other public utility service within the county, or upon the amount paid for any one or more of such public utility services, and may provide that such tax shall be added to and collected with bills rendered consumers and subscribers for such services. 2. That the Clerk to the Board shall transmit a certified copy of this resolution to the members of the General Assembly representing Roanoke County. 3. That this resolution shall be effective immediately upon its adoption. c:\wp51 \agenda\code\cliarter. rso 3 ~uiiiiiiiiiiiiiiiiiiiiiiiiiiiii~iiii~iiiiiuiiiiiiiiii~iiiiiiiiiiriii~iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii~~~~ _ _ _ _ _ _ _ ~.., _ AGENDA ITEM NO. `--` - _ _ __ APPE CE REQUEST =_ /PUBLIC HEARING ORDINANCE CITIZENS COMMENTS 1L -_ o SUBJECT: ~~~-- -_ I would like the Chairman of the Board of Su ervisors to reco 'ze a Burin the p gm m g _ 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 speakin on an issue, = and will enforce the rule unless instructed by the majority of~the Board to = __ do otherwise. ~ c c ^ Speaker will be limited to a presentation 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 arecognized speaker and audience members is not allowed. _ ^ Both speakers and the audience will exercise courtesy at all times. _ c ^ Speakers are requested to leave any written statements and/or comments = with the clerk. __ ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FII;E WITH THE CLERK AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK _ -_ __ NAME,~~~ (// ~ 5~~~.~ ~-~ S. c ADDRESS ~' c~ i > ~,~~ ~C.17 EiE' .~ C ~' ~ ~ ,D ~ , S c~ c PHONE 7 7 ~ - ~ ~' 7 ~ fiiiiiiiii~iiiii~i~iiiiiiiit~i~~i~i~~iiiiiiiiiiiiiii~iiiiiiiiiiiiiiiii~iiiiiiiiiiiiiiiiiti~~ii~~~~~~~~~~~~~~~~~t~~~~~~~~~i~~~i~i~~i11 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 15, 1992 RESOLUTION 121592-9 GRANTING A SPECIAL USE PERMIT TO SAMIIEL R. CARTER, III TO OPERATE A DEBRIS FILL ON 2.15- ACRE TRACT LOCATED ON THE SOUTH SIDE OF ROUTE 11 AND 460 APPROBIMATELY .3 MILE FROM ITS INTERSECTION WITH PLEASANT RUN DRIVE, CATAWBA MAGISTERIAL DISTRICT WHEREAS, Samuel R. Carter, III, has filed a petition to operate a debris fill on 2.15 acres, located on the south side of Route 11 and 460 approximately .3 mile from its intersection with Pleasant Run Drive in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on December 1, 1992; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a public hearing on this matter December 15, 1992. NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special exception permit for the location and operation of a debris fill on 2.15 acres, located on the south side of Route 11 and 460 approxi- mately .3 mile from its intersection with Pleasant Run Drive in the Catawba Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 (b) of the 1950 Code of Virginia, as amended. 2. That the Board hereby grants a Special Use Permit until December 31, 1995, to Samuel R. Carter III to operate said debris fill subject to the following amended conditions: a. The material to be landfilled shall be limited to broken concrete, asphalt, brick, block, dirt, and stone only. ... •;s~, b. A fast growing evergreen species (such as Leyland cypress) shall be planted along Route 460 where the active areas are evident from the road. c. Any rubble material (broken concrete, block, brick or asphalt) shall be covered at least once a month. d. The operator of the landfill shall instruct personnel to access the site from the Dixie Caverns Exit on I-81 and discourage U-turns on US Route 460. e. The hours of landfilling activity shall be undertaken only between the hours of 7 : 3 0 a . m . and 5 : 3 0 p . m . , Monday through Saturday. f. When the landfilling operation ceases, site will not be left with areas exceeding 2:1 slope (2 horizontal to 1 vertical). 3. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. On motion of Supervisor Nickens, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens NAYS: Supervisor Eddy A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors CC: File Arnold Covey, Engineering & Inspections Terry Harrington, Planning & Zoning Director John Willey, Real Estates Assessments PETTTIONER: SAMUEL R. CARTER III CASE NUMBER: 23-12/92 ~ " ~ Planning Commission Hearing Date: December 1, 1992 Board of Supervisors Hearing Date: December 15, 1992 A. REQUEST Petition of Samuel R. Carter III for a Special Use Permit to operate a debris fill on 2.15 acres, located on the south side of Route 11 and 460 approximately .3 mile from its intersection with Pleasant Run Drive, Catawba Magisterial District. B. CITIZEN COMMENTS Lynwood Allen, whose property adjoins the site, expressed concern with flooding of his property and a decrease in property value. Also, the owner has not complied with the tree plantings. C. SUMMARY OF COMMISSION DISCUSSION The Commission asked about the type of screening and buffering originally required. Staff replied that trees were to be planted along the right of way on the property at the western end of the site in order to screen the site from travelers going east on 460. Mr. Natt and Mr. Carter responded to the Commission as follows: the only place to plant the trees in order to satisfy County requirements was on state property; Mr. Carter was told by the highway department that any trees planted behind the guard rail would be cut down; the trees were planted about three weeks ago and have been stolen; the site is about 60 percent full; an erosion and sediment control permit was required for the site. D. RECOMMENDED CONDITIONS 1) The material to be landfilled shall be limited to broken concrete, asphalt, brick, block, dirt and stone only. 2) A fast growing evergreen species (such as Leyland cypress) shall be planted along US 460 where the active areas are evident from the road. 3) Any rubble material (broken concrete, block, brick or asphalt) shall be covered at least once a month. 4) The operator of the landfill shall instruct personnel to access the site from the Dixie Caverns Exit on I-81 and discourage U-turns on US 460. 5) The hours of landfilling activity shall be undertaken only between the hours of 7:30 a.m. and 5:30 p.m., Monday through Saturday. 6) When the landfilling operation ceases, site will not be left with areas exceeding 2:1 slope (2 horizontal to 1 vertical). E. COMMISSION ACTION(S) Ms. Hooker asked that the applicant work with his neighbor and stressed the necessity of replacing the trees right away. She moved to recommend approval of the petition. The motion carried with the following roll call vote: AYES: Hooker, Witt, Gordon, Robinson, Massey NAYS: None ABSENT: None F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: Concept Plan _ Vicinity Map _ Staff Repot _ O/ther Terrarice Harringto S retary Roanoke County Plan 'ng Commission M E M O RAN D U M TO: Roanoke County Planning Commission FROM: Lynn Donihe, Associate Planner DATE: December 1, 1992 REF: Special Use Permit Request of Samuel R. Carter III to operate a debris fill on 2.15 acres located on the south side of Route 11 and 460 approximately 0.3 mile from its intersection with Pleasant Run Drive, Catawba Magisterial District. BACRGROIIND In July 1989, Samuel R. Carter III applied for and received approval for a special use permit in order to operate a debris landfill until December 31, 1992. This landfill was sought as a disposal site for broken concrete, asphalt material, brick, stone, and excess dirt generated by Sawyer Paving Company, with the intent of ultimately filling this site so that it is suitable for future commercial development. The approval was subject to several conditions regarding the materials to be landfilled, hours of operation, covering of fill material, access, screening, and closure. In April 1992, the Engineering Department and Planning Department inspected the site in response to a neighbor's concern. Mr. Carter was then notified that two of the conditions of the Special Use Permit were not being followed: evergreen trees had not been planted along-Route 460 and the rubble was not being covered once a month. Since that time, both conditions have been met. White pines have been planted along the frontage of the site and the Engineering Department has not had any more problems with the coverage of the landfilling materials. REQIIEST The petitioner is requesting extension of the Special Use Permit, until December 31, 1995. The purpose of the request is to provide a suitable lot for future development. The conditions placed on the original permit have been suggested again by the petitioner for the extension. These conditions are: 1. The material to be landfilled shall be limited to broken concrete, asphalt, brick, block, dirt and stone only. 2. A fast growing evergreen species (such as Leyland cypress) shall be planted along U. S. 460 where the active areas are evident from the road. 3. Any rubble material (broken concrete, block, brick or asphalt) shall be covered at least one a month. 4. The operator of the landfill shall instruct personnel to access the site from the Dixie Caverns Exit on I-81 and discourage U-turns on U.S. 460. 5. The hours of landfilling activity shall be undertaken only between the hours of 7:30 a.m. and 5:30 p.m., Monday through Saturday. ~. 6. Any unfinished slopes will be dressed and seeded. 7. Landfilling operations shall cease on December 31, 1995. The site shall then be covered and seed applied to exposed areas and the site secured from illegal entry. PROPOSED ZONING The parcel is shown as C-2 on the proposed zoning maps. In this district, rubble landfills will be permitted provided a special use permit has been granted by the Board of Supervisors. The Use Standards for rubble landfills limit the material to be landfilled to soil, stone, gravel, and broken concrete, asphalt, brick, and block. In addition, the ordinance suggests that the Board consider standards for access roads, specific measures to control dust on the site, levels of noise permitted on the site, as measured at adjacent property lines, hours of operation, types of materials to be landfilled, the frequency at which fill material shall be covered, measures to insure adequate security of the site. The suggested conditions for the petitioner's request address .all of the above except measures to control dust and levels of noise. To the county staff's knowledge, these have not been problem areas with the existing landfill. SUMMARY The petitioner has generally complied with the conditions placed on the existing landfill operation. Staff suggests an additional condition be placed on the Special Use Permit: When the landfilling operation ceases, site will not be left with areas exceeding 2:1 slope (2 horizontal to 1 vertical). - ~' ~ ~ . ROANOKE COUNTY ~_ APPLICATION FOR SPECIAL EXCEPTION USE ~" '~ ~ ~ ~~ ~~ 1. Applicant's Name: SAMUEL R. CARTER, III P rie:r~~387-1934 Address• 141 EMMETT AVFr'iTE "- SALEM, VA .. _ .. ..Zip': .......24153 _,. 2. Property owner's name L. ,H. SAWYER PAVING CO., INC. Address• 496 GLENMORE DRIVE Phone:._ 389-2768 SALEM, VA ~ .~Z.iP;_ 24153 3. Location of Property: U.S. ROUTE 460, APPROXIMATELY .4 MILE.,-BAST OF DIXIE CAVERNS ON SOUTH SIDE NEAR TOP OF BIG HILL. ~" Size of property 2.15 acres/~~~~~. Size of proposed special exception use 4. Tax Map #• 64.01-03-10 Old Tax Map #: 5. Zoning Classification: B-1 _ acres/~~x~~x 6. Magisterial District Location: 7. Existing Land Use: NONE 8. Proposed Special Exception Use: CATAiJBA TO OPERATE A DEBRIS FILL 9. Comprehensive Plan Designation: CORE " - 10. Proposed Annual Gross Revenue: NONE " Value of Land $23,600.00 Value of Proposed Building s" -O- Value of Machinery & Tools -0- Number to be Employed -0- 11. Check Completed Items: 8~"-~~-" plot plan ~ _Consultation List of adjacent property owners ~~.Letter of Application ~/ Filing fee made payable to "County of Roanoke" " $1,875 Special Use Permit for sanitary fill .". method garbage and refuse site- $40 All other Special Exception Uses 12. Date of Application: October 23, 1992 13. Applicant's Signature: ~~( ,~tlJL~ Attorney-at-law ~.f1 .., ~s. -, ~ n ~ '~y"~--- e r r r, r n P v- a r -1 a ~a 2.15 9 - z-- SUPPLEMENTARY APPLICATION For The SPECIAL EXCEPTION USE PERMIT To Operate a SANITARY FILL METHOD GARBAGE & REFUSE SITE DESCRIBE IN DETAIL THE TYPES OF FOREIGN. MATERIAL WHICH WILL BE INVOLVED IN ANY LANDFILL OR DUMPING OPERATION. LIMITED TO BROKEN CONCRETE, ASPHALT, BRICK, BLOCK DIRT AND STONE. DESCRIBE YOUR PROPOSED METHOD FOR COVERING THE FOREIGN MATERIAL DESCRIBED ABOVE. FILL DIRT WILL BE USED TO COVER THE FOREIGN MATERIAL HOW LONG DO YOU ANTICIPATE THE PROPOSED OPERATION TO CONTINUE? FOR A PERIOD OF THREE YEARS FROM DECEMBER 31 1997. WHO WILL MAINTAIN CONTROL AND RESPONSIBILITY FOR THE OPERATION? SAMUEL R. CARTER, III OTHER CONDITIONS: 1) The material to be landfilled shall be limited to broken concrete, asphalt, brick, block, dirt and stone only. 2) A fast ,rowing evergreen species (such as Leyland Cypress) shall be planted along U. S. 460 where the active. areas are evident from th.e road. - 3) Any rubble. material (broken concrete., block., brick or asphalt)_ shall be. covered at least once a month.. 4) The operator of the landfill shall instruct pe.rsonne_1 to access the. sit e. from th.e Dixie. Caverns exit on T-81 and discourage U-turns on U. S. 460. 5). The hours of landfilling activity shall be undertaken only between th.e hours of 7:30 a.~n. anal 530 p.m., l'Ionday through. Saturday. 6) Any unfinished slopes will be dressed and seeded. 7). Landfilling operations shall cease on December 31, 1995., The site shall then be covered and seed applied to exposed areas and the. site. secured from illegal entry. . ~ - .~'' LAW OFFICES OSTERHOIIDT, FERG[1SON, NATT, AHERON £~ AGEE A PROFESSIONAL CORPORATION 1919 ELECTRIC ROAD, S. W. CHARLES H. OSTERHOUDT P. O. BOX 2OOGS TELEPHONE MICHAEL 5. FERGUSON VIRGINIA ROANOKE 703-774-1197 EDWARD A. NATT , MIC HAEL J. AHERON 24018 ~ _ FAX NO. G. STEVEN AGEE 703-774-0961 MARK D. KIDD ~ ' October 23,1992 County of Roanoke Planning & Zoning Department 3738 Brambleton Avenue Roanoke, Virginia 24018 RE: Application for Special Exception Use Gentlemen: Our firm represents Samuel R. Carter, III and Sawyer Paving Company in certain of its legal matters. This letter is written to request an extension of the previously approved Special Exception Permit to operate a debris fill on a 2.15 acre parcel located near the top of Big Hill on the south side of U. S. .Route 460. The extension is for a period of three years from December 31, 1992. Enclosed is an Application for Special Exception Use submitted on behalf of our client, Samuel R. Carter, III. Mr. Carter's request is based mainly on having a place to put inert material without having to use other controlled landfills that allow other types of materials and eventually provide a suitable lot for future development in Roanoke County. - If you have any questions or need additional .information, please let me know.• Very truly yours, OSTERHOUDT, FERGUSON, NATT, AHERON & AGEE, P.C. ~~~ Edward A. Natt EAN/cnh Enclosure ~ ~~ ~~,;~~ ~~~ ~o ~ ! ~ G F`ii~ ".278 ~1~ ~ - q ~, r ~/ ' ., ,. . ,. tea, e tie, . ,S~ ~ ~~~ L arz..~..v3~ " rte- ~ ., LL., .t ,. ~` " FS V A ~ ~~~ .. T ~+'+ t .. 1. f 7 ~~ .. .. } r,~ ~ `Milt RGr.~3yy~' ~ 'u'a < . 7 - It01~ Rf W- A±~a q - A e ~ ~~ ~ x, `H f ~-_ ' J ~ '. ~ . ; ` ~ - ' a .7 - ~ J ~~ IVIS ~ ' ~ ~ .•_~ f ,. ~ 1 r t r r ~~.. c ' ~ ~ ~ N~6 ~ • ~ t ~ 1 ~ ~ ~ ~l .7~' h ' E ~oud9AtY S~RrtY O~II.f) <ASI~-t~ MrC f~~ _ ~ ~ ~ ~ ~ ,, . . -, .. . ~ 4~~9tp.@Y ~•MR ~ .` . ~ yip ~, M. ,, ~ ., , ;, ;. , ~a,~vrrtr uru gnsep Mc ~2e,u fo~w tt ®~wa ~tm lurk f~re+t~a ~ xti, ~,r rp r-~ pKrt~ ~K sKt~~p~t nas [Qup ~ 4xi ~•~ .~' j a~O pit a~~~sr nu (turr tb+c s test fa~-J ~. • , o 81 I OK ~ i F620 460 6 ~ B/ F-067 710 o z. 661 0„ 899 64 ° n' a` 4.3 ~ 895 93~ d° 824 ,896 o.» •b 796 ~ o~ c 64? ~ 901 639 -~ - o 719 °°2 , °a:`~.~,9v 'VICINITY MAP ALL OTHER PARCELS ON THISI a~•~ SAMUEL R. CARTER III .: f DEPAR'T'MENT OF PLANNING 64.05-3-10 ~~ AND ZONING SPECIAL EXCEPTION TO "?~ flnF~'n A'i'L' ~ nrnnrc rrr r I11111111111111111111111111111111111111111111111111111111111111111111111111111 ~' -~. AGENDA ITEM NO. ~~..~ APPEARANCE REQUEST FOR PUBLIC HEARING -ORDINANCE -CITIZENS COMMENTS SUBJECT:,, 1 1 ~~ ,~~~ ~ t ~~ ~`~.~ %__ ~~_~~~ ~~`~, ~,~~ 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 1'HE 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. ^ 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 ADDRESS PHONE I111111111111111111111111111111111111111111111111111111111111111111111111111111 ,, ~ ~ -- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 15, 1992 RESOLUTION GRANTING A SPECIAL USE PERMIT TO SAMUEL R. CARTER, III TO OPERATE A DEBRIS FILL ON 2.15-ACRE TRACT LOCATED ON THE SOUTH SIDE OF ROUTE 11 AND 460 APPROXIMATELY .3 MILE FROM ITS INTERSECTION WITH PLEASANT RUN DRIVE, CATAWBA MAGISTERIAL DISTRICT WHEREAS, Samuel R. Carter, III, has filed a petition to operate a debris fill on 2.15 acres, located on the south side of Route 11 and 460 approximately .3 mile from its intersection with Pleasant Run Drive in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on December 1, 1992; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a public hearing on this matter December 15, 1992. NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special exception permit for the location and operation of a debris fill on 2.15 acres, located on the south side of Route 11 and 460 approxi- mately .3 mile from its intersection with Pleasant Run Drive in the Catawba Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 (b) of the 1950 Code of Virginia, as amended. 2. That the Board hereby grants a Special Use Permit to Samuel R. Carter III to operate said debris fill subject to the following amended conditions: 1 a. The material to be landfilled shall be limited to broken concrete, asphalt, brick, block, dirt, and stone only. b. A fast growing evergreen species (such as Leyland cypress) shall be planted along Route 460 where the active areas are evident from the road. c. Any rubble material (broken concrete, block, brick or asphalt) shall be covered at least once a month. d. The operator of the landfill shall instruct person- nel to access the site from the Dixie Caverns Exit on I-81 and discourage U-turns on US Route 460. e. The hours of landfilling activity shall be under- taken only between the hours of 7:30 a.m. and 5:30 p.m., Monday through Saturday. f. When the landfilling operation ceases, site will not be left with areas exceeding 2:1 slope (2 horizontal to 1 vertical). 3. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. c:\wp51\agenda\zoning\carter 2 ~``. ., AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 15, 1992 ORDINANCE 121592-10 AMENDING THE ZONING DISTRICT MAPS FOR ROANOKE COUNTY BY THE REPEAL OF THE OLD ZONING DISTRICT MAPS AND BY ADOPTING AND REENACTING THE "1992 ZONING DISTRICT MAPS (MASTER SET #1)" TO IMPLEMENT THE PROVISIONS OF THE NEW ZONING ORDINANCE WHEREAS, on August 25, 1992, the Board of Supervisors of Roanoke County, Virginia adopted Ordinance 82592-12 which adopted and reenacted a new zoning ordinance for Roanoke County; and, WHEREAS, the adoption of new zoning district maps is a critical and necessary component to implement the provisions of the new zoning ordinance; and, WHEREAS, the Roanoke County Planning Commission and staff have held six "community open house" meetings throughout the County to provide citizens with an opportunity to review the proposed zoning district maps; the Planning Commission has held two public work sessions to review comments received on the proposed zoning district maps; and the Planning Commission has also held public hearings on November 2, 1992, and December 1, 1992, on the adoption of the proposed zoning district maps; and, WHEREAS, the Roanoke County Planning Commission has publicly reviewed and discussed all comments received on the proposed maps and has recommended approval of the ordinance adopting the zoning district maps to the Board of Supervisors of Roanoke County, Virginia; and, WHEREAS, legal notice and advertisement has been provided as required by law; and display advertisements and legal 1 r advertisements were published on November 17 and 24 and December 4 and 9, 1992, to notify the citizens of the dates and times of Planning Commission and Board of Supervisor's public hearings. WHEREAS, the first reading of this ordinance was held on November 17, 1992, and the second reading and public hearing was held on December 15, 1992. BE IT ORDAINED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning district maps of Roanoke County, Virginia are hereby repealed, and that the "1992 Zoning District Maps (Master Set #1) of Roanoke County, Virginia" are hereby adopted and reenacted with changes made at the Board of Supervisors Public Hearing held on December 15, 1992. as the zoning district maps for Roanoke County, Virginia. 2. That the real estate and the district classification thereof shall be as shown on the map or maps designated as the "1992 Zoning District Maps (Master Set #1) of Roanoke County, Virginia," dated and signed by the Chairman of the Board of Supervisors and attested by the Clerk to the Board of Supervisors, upon adoption. This zoning district map or maps, and all notations, dimensions, references and symbols shown thereon pertaining to such districts shall be as much a part of the Zoning Ordinance as is fully described herein and shall be filed as part of the Zoning Ordinance. Said map or maps shall be available for public inspection in the office of the Zoning Administrator for Roanoke County, Virginia. This map together with subsequent 2 applicable amendments shall be conclusive as to the current zoning status of real estate. 3. That said map or maps are attached hereto and incorporated herein by reference. 4. That this ordinance shall be in full force and effect from and after December 31, 1992. On motion of Supervisor Nickens, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: ~• Mary H. Allen, CMC Clerk to the Board of Supervisors CC: File Arnold Covey, Engineering & Inspections Terry Harrington, Planning & Zoning John Willey, Real Estate Assessments 3 r` 1 ACTION NO. ITEM NO. ~~ 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 15, 1992 AGENDA ITEM: An Ordinance Amending the Zoning District Maps for Roanoke County by the Repeal of the Old Zoning District Maps and by Adopting and Reenacting the 1992 Zoning District Maps to Implement the Provisions of the New Zoning Ordinance., COUNTY ADMINISTRATOR'S COMMENTS: ~~ ~~ ~~ r~rr~ CX ~-~`e~-c~.-c~C ~~ ~' BACKGROUND' With the adoption of the zoning ordinance text on August 25, 1992, the Planning Commission and staff focused effort on the preparation and review of the zoning maps. In consultation with the Commission, the staff prepared the first draft of the maps during September. The Commission reviewed and modified these preliminary staff proposals during the first part of October, and approved the draft maps for public review and comment. received. A public review process began on October 19, 1992. A series of six community open houses were held between October 19 and October 28, 1992. At these open houses, county residents reviewed the draft maps and offered the Commission and staff comments on suggested changes. A Commission public hearing was held on November 1, 1992, at which time additional public comments were Approximately 130 comments were received on the draft maps. The Commission held public worksessions on November 10 and November 17. These worksessions were devoted solely to reviewing comments offered on the maps. Citizens fully participated in these worksessions. Every citizen comment was reviewed and discussed by the Commission. As a result of the Commission review of these comments, the Commission directed the staff to make numerous changes to the draft maps. These changes were made, and the Commission held a second public hearing on December 1, 1992. A Commission worksession was ~-/ 2 held after this public hearing, at which time the Commission approved several minor changes, and directed the staff to modify the draft maps. At the conclusion of this worksession, the Commission unanimously approved the draft maps, and forwarded the maps to the Board for action. Si,1NIlKARY OF INFORMATION: Open houses, worksessions and public hearings were held to solicit citizen comments on the 1992 Zoning District Maps. Approximately 130 comments were received and reviewed by the Commission. A summary table of all of the comments received is attached to this report. This table provides information about each citizen comment and indicates the Commissions action on each. At the completion of its review on December 1, 1992, the Commission unanimously approved the maps and forwarded them to the Board for approval. STAFF RECOMMENDATION: Staff recommends as follows: 1. The Board of Supervisors hold their Second Reading and public hearing on December 15, 1992, and at the conclusion of the public hearing approve the 1992 Zoning District Maps. Respectfully Submitted, ~~~_ .~ Terrance L. Harrin n, AICP Director of Planning and Zoning Approved, Elmer C. Hodge County Administrator Action Approved ( ) Denied ( ) Received ( ) Referred to Motion by Eddy Johnson Kohinke Minnix Nickens Vote No Yes Abs C: \WP51 \AGENDA\BRZONMAP SUMMARY LISTING OF COMMENTS RECEIVED ON THE PROPOSED 1992 ZONING MAPS The following table contains a summary of all of the written comments received by the Planning Commission and staff on the proposed 1992 Zoning Maps. This table is organized by magisterial district. In addition to listing the name and address of the individual and tax map number(s) of the property of concern, this table provides a summary record of the draft zoning proposed by Commission and staff, the zoning suggested by the individual, and the zoning recommended by the Planning Commission. A copy of all of the comments received has been placed in a notebook in the Board of Supervisors office and can be located by the comment number listed in the second column of this table. December 9, 1992 `~ q .~, o v .. '~ ~, E .--I N E O U V ~ u o a _ _ N . --+ N 2 _ U ¢ ¢ ¢ ¢ ¢ ¢ ....~ 4 ¢ 'O N ~..1 V1 Q 17J C C ..-1 v c O O [' N ti N ¢ N v ++ c ~ ro c a .•., ¢ ~ ¢ ¢ ~ ¢ ¢ ¢ c 0 .'., -., . , In .. In ~ w c c e a m •.-~ ~. U ~. L_ .~.+ N .a+ N O L df ~ O N 'O O G! ~ > C •H O C rr .4J Dl to A.~ Al ~+ +~ N C _ C CI 2 C O C d C CL 6! 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In C ae n, u c CI c O Ol .b N E U t Q D d CJ7 O L D C _ Gl C N L O ® ~6 ~ Gl > O .... CI n W d V R O O O 2 U7 H Z r W U g ~-+ L D Ol C Ih M ~ ~ ! ~ ~ O F- L C ~, V U"J O O W W --i LL D LL r.l ~ ~ Q 2 C] J [.D ¢ a -- .... rs f- W U7 F- O O 6 0 0 O O O ~-+ [tl O O O O O O O O sl ~ C:J O O O O O O O 0 0 0 O O O O O O > ¢ 1 1 1 1 1 I I 1 ¢~ Ifl O O O O O 4 0 0 ¢ ~ O O O O O O O O ~ T G! ~ m L M 117 P ---I [V U~ N M C!] E ~ O 1 --I I --+ N N I I 1 -O O O I 1 I Z ..I ..8 .-{ ti CV 4('1 IJ7 0 0 0 0 o O o 0 d I 1 1 I I 1 1 I m t cv O In O ,--1 ~ .-y rv a- o, .y O O -0 f• -~O ~O -O ~O t~ M1 ~O /- ~O O 1~ O m m W 0 0 0 n o n O O O L ~ D --a M U1 ~ O C M' c a ro ._. cv • ~ .L7 .ar N ~ .-.. Y •N .G [l7 i. L ¢ O p -~.~ > ~ cL 3 Y/ ~. > !L ~ ~ G.3 Cl tl 2 B + + L O M /O ~O 'O RI lV ~O ~ 4 O Z ¢ c7 ~O Cf) - W O' 2 .'..I C L O! N B L O p E E v 2 CV 3 er O t O .-I [ J' C 7 3 ~o • N 1. a~ O O~ GJ U ~ ,I.+ O~ Ul L GJ O -+ ++ o ~ O Vi ~o cv b ~ S S 2 R. ^+ S D 3 Z 3 3 ,~ ~-1 ~" AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 15, 1992 ORDINANCE AMENDING THE ZONING DISTRICT MAPS FOR ROANOKE COUNTY BY THE REPEAL OF THE OLD ZONING DISTRICT MAPS AND BY ADOPTING AND REENACTING THE "1992 ZONING DISTRICT MAPS (MASTER SET #1)" TO IMPLEMENT THE PROVISIONS OF THE NEW ZONING ORDINANCE WHEREAS, on August 25, 1992, the Board of Supervisors of Roanoke County, Virginia adopted Ordinance 82592-12 which adopted and reenacted a new zoning ordinance for Roanoke County; and, WHEREAS, the adoption of new zoning district maps is a critical and necessary component to implement the provisions of the new zoning ordinance; and, WHEREAS, the Roanoke County Planning Commission and staff have held six "community open house" meetings throughout the County to provide citizens with an opportunity to review the proposed zoning district maps; the Planning Commission has held two public work sessions to review comments received on the proposed zoning district maps; and the Planning Commission has also held public hearings on November 2, 1992, and December 1, 1992, on the adoption of the proposed zoning district maps; and, WHEREAS, the Roanoke County Planning Commission has publicly reviewed and discussed all comments received on the proposed maps and has recommended approval of the ordinance adopting the zoning district maps to the Board of Supervisors of Roanoke County, Virginia; and, WHEREAS, legal notice and advertisement has been provided as required by law; and display advertisements and legal 1 advertisements were published on November 17 and 24 and December 4 and 9, 1992, to notify the citizens of the dates and times of Planning Commission and Board of Supervisor's public hearings. WHEREAS, the first reading of this ordinance was held on November 17, 1992, and the second reading and public hearing was held on December 15, 1992. BE IT ORDAINED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning district maps of Roanoke County, Virginia are hereby repealed, and that the "1992 Zoning District Maps (Master Set #1) of Roanoke County, Virginia" are hereby adopted and reenacted as the zoning district maps for Roanoke County, Virginia. 2. That the real estate and the district classification thereof shall be as shown on the map or maps designated as the "1992 Zoning District Maps (Master Set #1) of Roanoke County, Virginia," dated and signed by the Chairman of the Board of Supervisors and attested by the Clerk to the Board of Supervisors, upon adoption. This zoning district map or maps, and all notations, dimensions, references and symbols shown thereon pertaining to such districts shall be as much a part of the Zoning Ordinance as is fully described herein and shall be filed as part of the Zoning Ordinance. Said map or maps shall be available for public inspection in the office of the Zoning Administrator for Roanoke County, Virginia. This map together with subsequent applicable amendments shall be conclusive as to the current zoning status of real estate. 2 . "' / 3. That said map or maps are attached hereto and! incorporated herein by reference. 4. That this ordinance shall be in full force and effect from and after December 31, 1992. c:\wp51\agenda\eode\zoning.msp 3 ~111~`Ilililli'Illllllllllllllillillllllllllilillllllllllllllililllillllilllllllllllllllllllllllllllllilllllllllllllllilllllllllll~ _ _ _ _ _ _ _ _ _ _ _ _ AGENDA ITEM NO. ~-1 _ _ _ _ _ _ _ APPE CE REQUEST - _ _ - PUBLIC HEARING ORDINANCE CITIZENS COMMENTS suBJECT: ~~:,, ~- I~P~~-, P~.s a ~. ~~ u-, -Zan-~,G ~S ~ s _ __ - lJ - I would like the Chairman of the Board of Supervisors to reco nize me durinv the g g _. 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 c whether speaking as an individual or representative. The Chairman will c 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 presentation of their point of view only. Questions of clarification may be entertained by the Chairman. c ^ 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. c PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK c - _ _ - mlllllllllllllilllllllllllillllillllillllllllllillll1111111111111111111111111111111111111111111111111111111111111111111111111111~ AGENDA ITEM NO. ~t' / APPE CE REQUEST FOR ,~' PUBLIC HEARING / ORDINANCE CITIZENS COMMENTS SUBJECT: ~ ~ ~' .1'ti~~~'':n 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 WII..L 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 -~'~~~r.~ ~~~'~~~~-e-!' 1 G~.~ ADDRESS - ~" ~J ,_ PHONE 7 ~ ~ -- ~ ~ ~~/' 1~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~f~~~~~~ ~IIII~IIIIIIUIIilllllllllllllllllllllllllllllllllllllllllllllllilllllllllllllllllllllllllllllllllllllllllllllllllllllllilllllll~jj~ _ _ _ _ _ _ _ _ _ _ _ __ _ _ AGENDA ITEM NO. ~" l __ APPE CE REQUEST __ ~ ~ PUBLIC HEARING ~V ORDINANCE CITIZENS COMI~~NTS SUBJECT: ___,L~/bf~'ailJ~~/~ ~owiw~ .~~S~T/'iG~~'/~9/'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 s Baker will be iven between three to five mi utes c p g , n to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speakin on an issue, and will enforce the rule unless instructed by the majority otgthe Board to = = do otherwise. _ _ . ^ Speaker will be limited to a presentation 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 arecognized __ 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 ,_ mlllllilillllllilllilllllllilllilllillllllllllllllllillllillllllllllllllllillllllllillllillllllllllllllllllilllllllilllllllllllllm ~Illllllllllillllllllllllilllllllllllillllllllllllllllllllllllllllllllllllilllllllllllllllllllllllllllllllllllllllllllllllllllll~ _ - _ - _ - _ - _ _ = AGENDA ITEM NO. - - - - _ _ _ _ _ _ - APPE CE REQUEST - _ _ _ _ - A ~ ~ PUBLIC HEARING O']RDINANCE CITIZENS COMMENTS =_ _ .. ~.°, - SUBJECT: ' c ~'`~ `~ ~%-~~,~'~-~--~ a ~~~-~~ ~~.~` --~ . - - ~~~'~ 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: = c ^ 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 speakin on an issue, = and will enforce the rule unless instructed by the majority o~the Board to = do otherwise. - _ ^ Speaker will be limited to a presentation 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 c ALLOWING THE INDIVIDUAL TO REPRESENT THEM. -_ - PLEASE PRINT LEGIBLY AND GIVE TO THE _ - CLERK - - - - - - - - - - - - - _ - _ - _ - - - - _ - - - -_ _ - - NAME f / .~-- ~.. ~ - ~ct.% - - `~~ L G i i~ ~ - - - - - - - - - - '; - - ~ .. _ = ADDRESS ~~ ~S ~ ~'~~ GrJ~=~=..~ ~-~ > ~ - - G - - - - - - - - - - - - - - PHONE . ~~ ~ ~ ~~~ ~~ - - - mlllillllllllllilllillllllllllllllllllllllliillllllllllllllllllllllllllllllllllllliilllllllllllllllllllllllllllllilllllllllllllllm ~Ill~illlllllllllllllllllllllillllllillillllllllllllllllllllllilllillill Iillllllllllllllllllllllllililllllllllllllllilllllllllllljl~ _ _ _ _ _ _ - - -_ - .~~ -_ - .f - AGENDA ITEM N = ,~'~ __ APPE CE REQUEST =_ PUBLIC HEARING ORDINANCE CITIZENS COMMENTS -_ 7 ;~ = SUBJECT: ~. C? ~/i~r/G~/ S i/~/C i ~dI/'--5 -_ -_ 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: c __ ^ Each speaker will be given between three to five minutes to comment c = whether speaking as an individual or representative. The Chairman will c decide the time limit based on the number of citizens speakin on an issue, and will enforce the rule unless instructed by the majority o~the Board to = _- do otherwise. ^ Speaker will be limited to a presentation 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 arecognized = = 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 __ vv~th the clerk. __ ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP = SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP c ALLOWING THE INDIVIDUAL TO REPRESENT THEM. __ __ PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK c __ __ mllllllllillllilllilllllllllilllllllillllllillllllllllllilllllllillillllllllilllillilllllllillllllllliilllillllllllllllllllilllllm WIIIIIIIIIIIIIIIIIIIIII111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111~ - - _ _ _ _ -_ - - - AGENDA ITEM NO. ~ -' APPE CE REQUEST _ _ ~- ~,~ PUBLIC HEARING ORDINANCE CITIZENS COMMENTS c -_ -_ SUBJECT: (SYLz~rc_.L'~'r-Pr,.e ~ ~~c ?e~rc~~ ~`~~ - 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 s Baker will be iven between three to five minutes to comment c = whethe P speaking as an individual or representative. The Chairman will c decide the time limit based on the number of citizens speakin on an issue, and will enforce the rule unless instructed by the majority otgthe Board to do otherwise. _ ^ Speaker will be limited to a presentation 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. c ^ Both speakers and the audience will exercise courtesy at all times. __ _ _ ^ Speakers are requested to leave any written statements and/or comments c vnth the clerk. ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP c ALLOWING THE INDIVIDUAL TO REPRESENT THEM. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK _ _ - mllllllllllllllllillllllllllillllillllllilllillllllilillllllilllllllillilllllilllllllillllllllllllllllliliillllllllllllllllllllllm ~Illlllllilil~illllllllllllilllilllllllllllllllllllllllllliillllllllllll IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~J,) _ _ _ _ _ _ AGENDA ITEM O. ~ ~" - - - - - - - - _ _ APPE CE REQUEST = _ _ _ __ _ - PUBLIC HEARING 1~` ORDINANCE CITIZENS COMMENTS - -_ -_ - - - - SUBJECT: ~ ~ Cr ~ ~ ~ = -_ - 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 c c decide the time limit based on the number of citizens speakin 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 presentation 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 arecognized = 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 CROUP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP c ALLOWING THE INDIVIDUAL TO REPRESENT THEM. - _ -_ - PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK - - - _ - - _ - - _ - _ ~ - - - _ ~ ~ - - _ mllllllllllllllllilllillillillillllllllillllllilllllillllllllllllllllllilllllilllllllillllllliilllllllllllllllllllillllllillll111~ ~iiii~iiii~i~~iiiiiiiiiu~iiiiiiiii~iiiiiiiiiiiiiiiii~iiiiiiiuiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii~ii~ ~~ ~ W (5 ~ T~ ~ ®~ T~s ~i~- try - ~ wrrc, - Np ~ ~ ~ ~'° S~~~Kt 1 ~ ~~ ~~~~1` ~ ~'~-~( iN vo(,v~ w t 7 ~ t~S N o- j'' -_ ~M~ (SSUI~ - - ~/~ AGENDA ITEM NO. ~_ - _ _ ~ ~~ _ -~ - = APPE CE REQUEST .~ ~ _ _ ~~ ~ _ - _ - PUBLIC HEARING / ORDINANCE CITIZENS COMMENTS -_ SUBJECT: ~#~dL ~~ ~~ ~~f ~~ Zo/~!~ ~,~-~t.~cg~r~nl _ c I would like the Chairman of the Board of Supervisors to reco nize me Burin the - g g 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 presentation 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 arecognized = speaker and audience members is not allowed. c ^ Both speakers and the audience will exercise courtesy at all times. ^ Speakers are requested to leave any written statements and/or comments c vnth the clerk. __ ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP c ALLOWING THE INDIVIDUAL TO REPRESENT THEM. _ -_ PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK ~ i ~ ~ ~ ~ ~ ~ fi~i~i~~~~~~~~~i~~~~~~~~~~~~~~~~~t~~~~~~~~~~~~~~i~~~~~t~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~i~~~~~~~~~~~~~~~~~~~~~11'I - ~ ~- / County of Roanoke Department of Planning and Zoning Memorandum TO: Board of Supervisors FROM: Terrance L. Harrington, AICP Director of Planning DATE: December 15, 1992 RE: Zoning Ordinance Comments Attached is information prepared by the staff that relates to several outstanding issues on the proposed zoning maps. I will present and discuss these items during my comments this evening. cc: Elmer C. Hodge Mary Allen Paul Mahoney ~ 5 County of Roanoke Department of Planning and Zoning Memorandum TO: Fuzzy Minnix FROM: Terry Harrington DATE: December 15, 1992 RE: Proposed Zoning of 3142 & 3144 Brambleton Avenue Attached is a map of the property we discussed yesterday located at 3142 & 3144 Brambleton Avenue (Tax Map Parcels 77.10-2-4,6,7,8, and 10). This map shows the fifty (50) foot strip that was zoned R-1 back in the mid 1970's as a buffer strip to protect the residences on Forester Road, but was recommended by the Planning Commission to be eliminated on the proposed maps in favor of the screening and buffering requirements contained in the new ordinance. '~a`~,\ i Proposed C-1 to R-1 Zoning Map Revisions to • Portions of Tax Parcels 77.10-2-4,6,7,8,10. `'9 3/09 Located in the Cave Spring Magisterial District. _ This map indicates a proposed zoning map ~` modification to a fifty (50) foot wide strip at - ''a ~ the rear property lines of Lots 4,6,7,8,and 10 / in Section 2 of Tax Map # 77.10. If approved this strip of land would be zoned R- ; ~I 1 effective December 31, 1992. ~ ~\G 35rs/ .\~~/ .~ ~Z6 'SZw~ J~~ • ~ ~ B ~ ~ Q 66 ~~QO ~ ~ 37 9~a X03 - ~ -3/3~ ~'3//02.9J~ie4 ' ~ s ~ \ 0~ I6 a '~ 32/0 35fs/ y~ \ ?~ 5 4 Qy ~' / ,~j, O~ /3 i ~} w„i / / ~ti9~ \ \ .l0 6 p3 m~ 32Q/ \ `'~ yes ? g2 9 5 .ti s '~ 32 /5 e° / ~9s s o _ 6 N I a I 9~5 6 ..•..••~~ 34 _ w I 3/42 :`..~'~„`'~~ / ~, ~ 3212 ~ ~ ~ a ha 2 ~.....,• , ~ ~~b ~ 3i .~ ~ 51 ::::~.:.:. ~ 1 ~ I ~ ~nl ~\ 7.344.77 '~'':''`":... 9~ ~8 36 38 ~ ~° N~ W y • S A 201.2 V tr 6 i 41 ~° • V 5 192.3 739 42 a '" Gri 8Z 2 Raon3 ? 3057 '~0 63 . - X34 85 h ~ ~ , 162` 85 / 120 62 2x25 `ob N 33 ,_~. 32 " 3066 ' I p 3408 * ~~ o N s ~ 3 a C A`' 3 ( m r n ~9s~ 34/4 °'~ L 2y S2 s 30 Z ~ // si 3 . a `• e~ ~ms > 3420 .~ ,~ti` i W p'S- ~ ' w .' ^-'+ w 3 ., `' 3426 -j 3~ ~ 2 ba ~ Z` 4Z ~~ `p3~4` a° 26 ~s ~~ ~. ~6 z~ s° ~-~6 ~ •~ 3434 a 1` m '• :37 - o ~ \~ ~ ~ a '$. f -~ 51 \`~ ~ 3502 O ~ 3040 • ~ 105.E 3520 ~ IS X05 se 38 $ ~ ~ >0 ° • h ' 13445 ~ 2.2a 35282 0 146.82 ~ '9 ,9 a - ~ I e Rt 39 3 on 3 5 ~ 3453 `~ 1 a`~ 3C 176.1 ~ .A :~ N ~ . ~ ^ v~ ~ > "~ N ~ • i Q. J 8* 3503 / '' a m ~ ~ ,~ ' ~/ ~, , 157.82 .~ County of Roanoke Department of Planning and Zoning Memorandum TO: Elmer Hodge FROM: Terry Harrington DATE: December 11, 1992 RE: Zoning Map Modifications Requested by Harold Wingate and R. L. Moran In response to Ed Kohinke's memorandum (K158-92) both Mr. Wingate and Mr. Moran submitted comments during the community meetings held around the County. These comments were considered by the Planning Commission during their work session on November 10. The facts and rationale for the Commission's final recommendations on these two requests are as follows: Harold Wingate's Request - Mr. Wingate requested that property lying between Route 311 and 785 be changed from the proposed AG-1 and AG-3 districts to AR (see attached letter). This change would reduce the minimum lot sizes from 1.5 and 3 acres to 1 acre. In support of this request he submitted a conceptual development plan prepared in the late 1970's (and never submitted or reviewed by the County) for property owned by the Wingate family. A copy of this plan is available in our office. When the Commission discussed this request, it was noted that the Comprehensive Plan designation for the property was Rural Preserve which supported the AG-1/AG-3 designation. The AR district was intended primarily for areas designated Rural Village in the Plan. Also, the area in question was not adjacent to or close to other areas proposed for the AR zoning. Therefore the Commission felt that the AG-1/AG-3 designation was more appropriate. In considering the conceptual development plan submitted, it was noted that this scheme was 15 years old and may not meet current Health and County requirements. However, most of the lots appeared to meet the size and frontage requirements of the proposed zoning. With minor adjustments of some of the proposed lot lines, the same number of lots may be possible. R. L. Moran's Rec,~uest - Mr. Moran submitted a comment sheet at one of the 6 community meetings in October requesting that the proposed zoning be changed from AG-3 to R-1 for his property in the Twelve O'clock Knob Road area south of Salem. Mr. Moran's rationale was the availability of public water and the proximity of the property to the City of Salem. - The property in question was originally proposed to be zoned AG-3 based on the Comprehensive Plan's designation of the property as Rural Preserve. The property contains substantial areas with slopes in excess of 20~. Given the proximity to public water, the Commission revised the zoning to AR for the property in question as well as all properties to the east to the City of Salem. The Commission made a similar change along Franklin Street south of Salem for many of the same reasons. However, the Commission felt this area was not suitable for the R-1 designation in the comprehensive zoning map revision process due to the Plan designation and the moderate to steep slopes in the area. Please share this information with Mr. Kohinke. I'd be happy to discuss these parcels with him prior to Tuesday night's public hearing. ~HCMF REAL ESTATE HOUSING MANAGEMENT CORP. Tr: Mr. Lee Eddy, (';:airman Roanoke County F'. O. Bc~Y ~'38i~p Roanoke, Virginia '4D18 Fr~~m: Steve Mullins Argent for f!!~lberry Corporation H~=-i~~1` Peal Estate °t Housing Management Corp. x•359 Electric P,oad, Suite 145 Raanc~4.e, Virginia ~4C~1.9 Ja t e : Dec ei~~ber 1 1, 1991 Sub.i^~_t: Z~_~ni.ng Change 3959 Electric Road Suite 145 Roanoke, Virginia 24018 (703) 772-3150 Ms Agent fc~r the owners of the 3.7'3 acre parcel of land located at the •_orner of 8arst Mill Road and Crest Hill Drive CTar. Map #77-.C~9-5-3. ire R~~anoE;e County, I am requesting a designation change in zoning can behalf of the Mulberry Corporation_ The proposed zoning map =haws the subject property to be zoned R-3, the Mulberry Corporation req!cests tt-:at the designated zoning be changed tc~ what they consider the higi~est and best use, a C-2 Cgeneral commercial) zoning. `(cur consideratirn in this matter will Le~ greatly appreciated. limy correspondence w~_~uld need t•• be sent tc~ the fc~llawing: Steams ilul l ins HCMS` Beal Estate°_~ H~~usirg i•lanagement Corp. 3959 Electric F'~=~ad, Suite 1~5 Roano-:e, Virginia '~ajJ}.p / 1 L- a ' 1 A-4 _ . rttemar ar , Ar/eRION rAarrnrrc/,G.r. .~ rA,T~T7.p•1# v.s.rnri ro.ln M _. rrfem+~h ~, 8 itrr-rntttvnn ' hovi'at•F,-tn.m - Z;,~ 9 /~~ ~ °1~` m ~ • ~~ r s rAt ~77.A•i•J ~ Z ~' raerf.rr ar ~ MfGNAM/GAb Gd-. CO., ft1G• ~ `~ 9.1. ast rq. 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OM, Ot-M11 LOQ r OV7'taQ County of Roanoke Department of Planning and Zoning Memorandum TO: Board of Supervisors FROM: Terry Harrington, Director Jon Hartley, Planner DATE: December 15, 1992 RE: Analysis of Proposed Zoning Map Revisions Along the Blue Ridge Parkway. During the last week of the Planning Commission's review of the proposed zoning maps, the National Park Service raised concerns about the zoning planned along the Blue Ridge Parkway. Their concern was that the proposed zoning revisions might compromise the integrity of the Parkway, from both development immediately adjacent to the Parkway, and development of the viewshed and vistas at the various overlooks along the Parkway in the County (see attached letter dated 12/15/92 to Elmer Hodge from Gary Everhardt). At the request of Dr. Nickens, staff has evaluated the proposed zoning maps in terms of the zoning proposed along the Blue Ridge Parkway. Staff has identified twelve areas where the proposed zoning would allow development at densities of one unit per acre or greater. Listed below are those areas described from north and east to south and west as the Parkway runs through the County. Included for each area is information pertinent to considering the appropriate zoning at this time. Each area coincides with a map of the area outlined with a dashed line attached at the end of this memorandum. While these areas address the property adjacent to the Parkway, the impact on the viewsheds and vistas from the Parkway would require substantial investigation which is beyond the scope of this memorandum. It should be noted that the proposed zoning maps in conjunction with the text adopted in August have the net effect of reducing development densities wherever public sewer and/or water is not available. Where such services are available, the maximum development densities are identical to the current zoning only in those areas zoned R-l, R-2, R-3 or R-4. Many areas adjacent to the Parkway are therefore more restrictive than they have been under the current zoning. MAP # 1 REED MT. OVERLOOK VICINITY Location: This area is located in the Bonsack area south of Route 460 east and is generally bounded by the Parkway, the N & S railroad and the county line (See attached map). General Description: Area is generally undeveloped open space on the lower slopes of Stewart Knob with limited access to major roads and public water. Public sewer is located along .Glade Creek and could be available. Includes the Dowdy property which has been previously considered as a potential industrial site. Current Zoninq: A-1, except along the railroad, which is M-1. Comprehensive Plan: Development, and within the urban service area. Proposed Zoninq: R-1 except one parcel along the railroad, which is I-1. MAP # 2 FALLING CREEK AREA Location: This area is located in the Vinton area north and east of the Parkway along the Roanoke/Bedford/Botetourt County line (See attached map). General Description: This area is substantially developed,. with few areas remaining to be developed. There are no sewer and water facilities serving this area. Current Zoninq: A-1 and R-1. Comprehensive Plan: Neighborhood Conservation, and within the urban service area. Proposed Zoninq: R-1. MAP # 3 MT. VIEW DRIVE/STONEBRIDGE AREA Location: This area is located east of Vinton, north of Route 24, and south and west of the Parkway. Excluded from the area is the commercial area along Route 24 (See attached map). General Description: Area is partially developed, with additional development already in the planning phases. This area contains the William Byrd High School and Stonebridge Acres subdivisions. Public sewer and water is generally available throughout this area. Current Zoninq: R-1, except north of Mt. View Drive which is A-1. Comprehensive Plan: Development and Neighborhood Conservation, and within the urban service area. Proposed Zoninq: All R-1. MAP # 4 LINDENWOOD/CROFTON/ MT. CHESTNIIT AREAS Location: This area is also located east of Vinton, south of Route 24, and north of the Roanoke River. It includes Mt. Chestnut Drive located east of the Parkway, but excludes the commercial corridor along Route 24 (See attached map). General Description: The area is substantially developed, although some larger parcels remain, including the Hammond property. Public sewer and water is generally available throughout this area. Current Zoninq: R-1 and RE. Comprehensive Plan: Neighborhood Conservation and Development, and within the urban service area. Proposed Zoninq: All R-1. MAP # 5 PITZER/RIITROIIGH ROAD AREA Location: This area is located north and south of the Parkway along Highland Road, portions of Rutrough Road and Pitzer Road, and includes the Sun Valley area along Route 116 (See attached map). General Description: This area consists of scattered and clustered residential development interspersed with larger tracts of land. This area has limited public water and no public sewer. Current Zoninq: RE and A-1. Comprehensive Plan: Rural Village and Rural Preserve, and within the rural service area. Proposed Zoninq: AR MAP # 6 MT. PLEASANT .AREA Location: This area is located north of the Parkway to the east and west of Jae Valley Road (Route 116), including the Hampden Hills subdivision and Mayfield Drive areas. Also included is an area south of the Parkway along Jae Valley Road (See attached map). General Description: Area contains sections which are substantially developed interspersed with undeveloped parcels. The more developed areas are served by public sewer and water. Current Zoning: RE and A-1. Comprehensive Plan: A combination of Development and Core (urban service area) and Rural Village (rural service area). Proposed Zoning: R-1 and AR. Comprehensive Plan: Development, and within the urban service area. Proposed Zoninq: R-1, R-2, C-2 and I-1. MAP # 10 CRYSTAL CREEK DRIVE/BACK CREEK AREA Location: This area lies north of the Parkway and south of Crystal Creek Drive, from Route 221 to Starkey Park, and includes Coleman Road (See attached map). General Description: This area is typified by substantially undeveloped land with scattered residential development, except for the Coleman Road area. This area has been under considerable development pressure, but has limited access. No public services exist, except public water along Coleman Road. However, major water improvements are planned in conjunction with the Spring Hollow Reservoir. Current Zoning: RE. Comprehensive Plan: Rural Village, and within the rural service area. Proposed Zoninq: R-1 MAP # it COTTON HILLLMALLARD LAKE ESTATES AREA Location: This area is located south of the Parkway to the north and south of Cotton Hill Road, and includes the parcels fronting on Merriman Road (See attached map). General Description: This area contains a number of small and large lot subdivisions, with a considerable area remaining undeveloped. It includes the Mallard Lakes Estates and Cotton Hill subdivisions. This area has been under considerable development pressure, given its proximity to Roanoke. Although no public facilities presently exist in the area, existing sewer and planned water improvements on the north side of the Parkway may be available in the future. Current Zoninq: A-1. Comprehensive Plan: Rural Preserve and Rural Village, and within the rural service area. Proposed Zoninq: R-1 and AR. MAP # 12 POAGES VALLEY ROAD EBTENSION_AREA Location: This area lies north of the Parkway and south of Route 221 both east and west of Poages Valley Road Ext. (Route 690). It includes the east side of Old Mill Road and all of Dawnwood Road north of the Parkway (See attached map). General Description: This area contains isolated clusters of small residential lots, with the majority of the area substantially undeveloped. This area is considered a growth area, given development pressures in the Back Creek area and planned water improvements to the area. Current Zoninq: RE. Comprehensive Plan: Rural Village Proposed Zoninq: R-1 SIIMMARY If the Board of Supervisors wishes to afford the Blue Ridge Parkway with a greater degree of protection from adjoining development, there are four areas where the proposed zoning map could be modified from the zoning designation proposed to AG-1. These areas are all primarily undeveloped at this time and have limited or no availability to public sewer and/or water. The four areas are: 1) The Reed Mt. Overlook Vicinity (Map #1); 2) Crystal Creek Drive/Back Creek Area (Map #10); 3) Cotton Hill/Mallard Lake Estates Area (Map #il); and, 4) Poages Valley Road Extension Area (Map #12). The eight remaining areas all share a number of common elements. They are partially or substantially developed, most have public sewer and/or water, and all were proposed to be zoned in keeping with the Comprehensive Plan. Any change at this time should be carefully evaluated further in order to reduce or totally avoid creating non-conforming lots and structures which might pose a hardship on existing developed areas. MAP # 1 : REED MT. OVERLOOK VICINITY ~J~- - J~ P ~- CJ ~C~" I ~, r o C~ c~ ~ a ~O J~ ~- ~ W M ~ ~~ Q ~~ AC•3 ~f3~u~ iZ~txE j ~Ar~Kwar ~Ct"~ ~, ~~ ~ $UrIE ~C'.l1DC~~ ~aTZ.Kw,aY ~C•3 - ~I ~-i ~~~~ U~ ~i _oi ~r~ ~ MAP # 3 • MT VIEW DRIVE/STONEBRIDGE AREA '$(.UE RIDGE 'PA~ZKWA.Y Ali-3 ~U KI ~~ cr~t~,~-r~.c~~ ~ ~r~t~~.~~vlr~~ ~ ~.-_. ~>.~.~~~ ~i~ ~ i~ a 1ni MAP # 4 • LINDENWOOD/CROFTON/ MT. CHESTNUT AREAS -- ---- ~~ ~~ ~i ~~i 1 J/I ~3 ~f ~~ ~n 3 AG3 ~rrr ~ au- QG•3 "~c ~~ R~ • 7~ V ~t ~I r Q ~' C~~E~ 1"= 180 ' X5.55 i5-`~ MAP # 5 • PITZER/RUTROUGH ROAD AREA i i~ AR Y ~~ A MAP # 6 : MT. PLEASANT AREA ~~ J O~ !' AG-3 a1 A~3 A6- ~dR M AEG A4 o' 0 MAP # 7 • YELLOW MT./BANDY ROAD AREA O~ O~' ~A4.3 ,1 A~•3 AC• I R~ . .r s a~ ~G r .. M Q / Q ~\ MAP # 8 • ROUTE 220 SOUTH MAP # 9 : BUCK MT. ROAD/BRANDERWOOD AREA ~a ~i~. 2c Rroc,C - P BL~~ ~~kc~yY MAP # 10 : CRYSTAL CREEK DRIVE/BACK CREEK AREA MAP # 11 : COTTON HILL/MALLARD LAKE ESTATES AREA IN couNTY MAP # 12 : POAGES VALLEY ROAD EXTENSION AREA '~ U TE ~C1 ~ .~r-,~.~ i 2, "f/ ~'rC~ F I?lkNKl TN CSI IN- Unit.eci States De~~artment°c~f the interior !N REPLYRP.Y,:R'P„ L1425 S I-N (MP 125) Decembe lfi, 1992 Mr. Elme County A county o 3738 Bra Roanoke, Dear Mr. H(>dge Ro~oka Ible~ton Avenue, S.W. Tirginia 24018 ~F, wNn, ~vnM ~i ~ r•yu> Fax TRANSMITTAL 7p ~.c-.~n~•~- ~lob~. rta~ l~;q~:A rnr.,y. Fhunc }~.PPd~c~K~ C~`D , I~M I IU . N!•:N ~r~nn nt t7 )~.i1VH RQ[~.41(yi fi • d peps, - YAn~ __ This is wr tten on behalf of Blue Ridge arkway employees and those who aco~unt for 22-LUillion Parkway visits annually, requet~t that the following be placed. before the Roan ke County Board of Supe Tsars during tonight': deliberations about propussed ~oning changes in Roanoke County. The poten ial changes in laud-use reatr ctic~ns as developed and recommended by the Roanoke ounty Planning Commission affect County residents and visitors alike for many, any years. Some of the prop eels, if approved, could significantly alter the very char ter of the Parkway within anoke County. Richard N~ore#ield, the Parkway's Ftoar}oke Valley Aistrict Ranger, made a similar statement II two weekB ago at a public 'hearing on the proposed change. ~ia>nger Morefield specifically listed some par Ire for which we opposed zoning clhange$ developed y the Commission. We were 'gappvinted to learn later that our argument apparently had little effect on what 11 be presented to the $oard of Supervisors tonight. In its deli rations tonight, we believe a $oard should take into account the many present v ues of the Blue 13,idge Par way. Members should consider the rural pastorals ><><e tI><at our visitors travel any miles, year after year, to e~jay. our review of s me proposed changes on par Is adjacent to the Parkway makes it ~videat that the ncreased development and density the changes would permit could significantl alter this scene. Therefore, ur generally preferred zonin for lands at~joining the $lue Ridge Parkway, and possib others that lie withia seat etic "critical viewaheds" in Roanoke {lounty, NAT(C>N~-I, PA.KK SC.RVTC:IJ AIuF FiidKr parkway YUU A&T $uiklin}; (h!~ Pack Sylrarc Aslirvillc. N(ortii (.'au•ulina ~'}IHUI i$ A_ (~-3. hich calls for a minimum lot a of three ages. While li might 6n zone G-1 (1/2 Scre$ n~iiimum lot acne tab ,.~..,~..~..,~.. ~.. ) p le 2 we ~t We have le' ned, however, that 13terally hundreds of acre$ of land along the P~'kw~y have been proposed far rezoning to classification of ~-1. That is extaremely disturbing. An R-1 classif"icatic~u with ublic water and sewerage would permit lots as small 7,200 square feet, In theory that could be as many as six lots pex acre .. u dramatic increase in potential density For that reason, we respectfully ask tl certain p cels. These are the parcels Parkway don which development we underetan that the Flanning Commis would like ita cooperate with the staff ~ minimum s~andards for development on Mea~nwhile~ we request that these ~ classification no leas restrictive than AC e Board of Supervisors to defer actfon oa proposed for ~-1 that 8~re adtijacent to the u1d seriously affect the present scene. We ion'$ staff has ident~ed those parce~la. We ad all other interested parties to establish his and other land adjacent to the Pat~kway. arcels be aseigrted a temporary coning In addition to a review of the status of s cific parcels, we would like an o Apontuaity to convin the Board of Supervisors o the value of a "buffer zone" of open aped along the a tine Parkway corridor thrau h Roanoke County. This would help ensure the rural c erecter of what has been re gnized world-wide as one of this n8~tion's greatest regreational and aesthetic expe 'ences. We usk the ~ourd to allow us to cross th thre $hold of these opportunities, to ~leopen old avenue of con$ttltation and to exp ore new possibilities for caoperatian» We believe thati to do so is in Roanoke Count 's best interests, short-term as well as long- term. We appreciate this opportunity to make ~ur thoughts, comments and request e of the record on this important matter. Pm't Sincerely, ~,,..<,,~,-~ 1 ,.. , Gary Everh rdt Suparinten nt ,. 3 R_~ County of Roanoke Department of Planning and Zoning Memorandum TO: Board of Supervisors FROM: Terrance L. Harrington, AICP Director of Planning DATE: December 15, 1992 RE: Zoning of County Facilities Attached is a December 10th memorandum to Elmer Hodge in which I outlined my recommendations on the appropriate zoning for certain County facilities. I will present this information to you during the zoning map public hearing this evening. County of Roanoke Department of Planning and Zoning Memorandum TO: Elmer C. Hodge County Administrator FROM: Terrance L. Harrington, AICP Director of Planning DATE: December 10, 1992 RE: Zoning of County Facilities As part of their action on the zoning maps on December 15th, the Board should evaluate the zoning designations of various County and School Board properties. The Planning Commission's zoning map recommendations do not, in all cases, reflect the recent actions of the Board and School Board to approve the relocation of various County and School Board functions. The appropriateness of the Commission recommended zoning should be evaluated for four properties. These are: (1) Roanoke County Administration Center (Existing), (2) Roanoke County Occupational School, (3) Pinkard Court Leisure Arts Center, and (4) Ogden Senior Citizen's Center. 1. Roanoke County Administration Center Tax Parcels: 77.13-01-2,3,4,5,6, & 7. (Includes Cave Spring Rescue Squad Building and Voter Registrar Office) The RCAC is proposed for C-1 Office District. This is a commercial office designation,-and would be suitable for Parks and Recreation Department functions, offices and activities. If the Board decides to sell the RCAC, the C-1 district would allow any type of office use. 2. Roanoke County Occupational School (RCOS) Tax Parcel: 36.16-1-11 (Includes Glen Cove Elementary School) This property is proposed to be zoned R-1 Single Family Residential. Although R-1 districts allow school uses by Special Use, School Board Administrative offices would not be permitted in this district. I recommend that the Board consider amending the Commission's recommendations to designate this tax parcel C-1 Office District. This would alleviate the necessity of an individual. rezoning action at the time the RCOS was converted to School Board administrative offices. 3. Pinkard Court Leisure Arts Center Tax Parcel: 87.08-1-5 This parcel is proposed for R-1 .Single Family Residential. If the property is to be sold, the R-1 designation would limit its use and marketability. However, the building's location within the Pinkard Court neighborhood (also zoned R-1), limits the suitability of other zoning districts. I recommend that the R-1 zoning remain, yet be evaluated at the time a future use for the building is determined. 4. Octden Senior Citizen's Center. Tax Parcel: 77.15-1-11 This parcel is proposed for C-1 Office District. The designation is suitable for its current use. Because of the location of the property, and the nature of the existing building, the property's value is derived primarily from the value of the land. I recommend that the C-1 designation remain. Any higher designation (such as C-2) would not conform to the Comprehensive Plan. In summary, it is my opinion that the Board should consider amending the proposed 1992 zoning maps to designate the RCOS property (Tax Parcel: 36.16-1-11) C-1 Office District, to allow the property to be used for School Board administrative offices. Please let me know if you have any questions. cc: Paul Mahoney C:\WP51\MEMOS\ECH ZONE I Proposed C-1 to R-1 Zoning Map Revisions to • Portions of Tax Parcels 77.10-2-4,6,7,8,10. ?~ 2 3/09 Located in the Cave Spring Magisterial District. This map indicates a proposed zoning map ~" modification to a fifty (50) foot wide strip at ~ ~ the rear property lines of Lots 4,6,7,8,and 10 / in Section 2 of Tax Map # 77.10. If approved this strip of land would be zoned R- 1effective December 31 1992. ~ `G~ / 3sls~ '? ~ ~ ~~~ 's•1 eb 3~~OZ\ ~ ~ 37 D~a ~~ - a 3/37` `'3l/02<~~,a4 T 3?~ /7 a .tom -n m ~ / .fib ~?2 s3 /se ~ 32/0 ~ 35ls/ y~ \ ~, b 4 -` ~° s~~ ~~'`' ~ , ~62~j z 'ap 3u2\ ~ s pis /a ~ ~} ~ / / .ti9~ \ \ P 6 pa m~ 32Q/ \ ??3 ?esa /? 7 0 320 'B `\0 / 9p5 19 4 2 \ 5 .ti s 'sue 32 /5 60 / • ~9e s o 1'~ 6 N 34 ~ w I 3/42 ;'•. ,:::.~, / ~, / 3212 I ~ I ya ha 2 s;;"8:;.`•`~~.~~ , rro P~ by a i ,~ ~ ~ Z ~ I ~ en~ ~`y, ~ •344.77 y+$}::;.n'.~. ~~ 78 36 38 * ~° tr • ? ~ 201.23 40 `~ • 6 n . 196.64 41 ~w ~ 19236 42 Jse a W ~' Sri s2 2 Roam 2 ~os~ X063 `34 85 ~ . 162 ~ g5 1202 62 2x25 O6. ` 32 N 33 ,; ~; I ° 3066 a 3408 4 ~i os ~ ~ ~ ~y 3 ~ m 3 ~ C 46i 34/4 °'~' ~f ~ X50• ~4 /S2 s 30 2 E d % b~ efl a 3420 .1g ,~~? / ~ b3- ~ W ~, r, 353 ~~ ~ 3426 `a°. 1 T 162 ~ 21 a1 `g324~ 60 26 ~~ ~6~~ i~ t. ao ~ i6 '~ ~ 3434 a ~0 ~ ~ - :37 ~, o a .~ a • ~ .~ 51 \ ~ / 3502 0 ~ 3040 • ~ a ' 105.4; 3520 / 15 ~°5 /,e 9 a e M 38 $ I ~ 2 >0 o°z „ ' 3445 a 2.24 35282 0 146.82 ~ T96 6 9 ~ .- ~ I 39 Rt w Q~ o 3 Or 3. 5 ~ ~ ~ 3453 v `T a`~' 30' 116.1 ~ a N ~ .~ ~ W ~ > N ,~ N ~ a g * 3503 ~ ~ a~ / i `'° a ? -' ~/ ~,, 1sza2 ~ 3 ~ °J~ 9 •43 ~- ~ ~HCMF REAL ESTATE HOUSING MANAGEMENT CORP. To: Mr. Lee Eddy, r'~;airman P,oanc,ke County F.O. Bor. 29800 RoanoF;e, Virginia ;_4018 Fr vin: 5t eve Mullins Aa~nt for t1!tlberry HC. .F F'eal Estate °: 3'359 Electric P.oad Roanc~t:e, Virginia Ua t s - Dec ei~iber 11, 1992 Su3~.i^~_t: Zoni.ng Change Corporation Housing Management Corp. , Sll1~:P_ 145 40'1.9 3959 Electric Road Suite 145 Roanoke, Virginia 24018 (703)772-3150 Hs Agent for the owners of the 3.7'3 acre parcel of land located at the =orner of Garst Mi11 P.oad and CrESt Hi11 Drive CTar. Map #77-.G9-5-3; irl P.c+anol:e County, I am requesting a designation change in zoning can bAhalf of the Mulberry Corporation. The proposed zoning map shows the subject property to be zoned P.-3, the Mulberry Corporation req!sests that the designated zoning be changed to what they consider the highetit and best use, a r-2 tgeneral commercial) zoning. Your consideration in this matter will L-•'= greatly appreciated. F,ny corre=pondence would need t•, bG sent tc~ tha fc~llaWing: Steve i1s_t1I ins HGMf` Real Estate°_~ H~~l_tsirg ianagement Corp. 3953 Electric r~_~ad, Suite 14S RoanoF~e, Virginia .-,a'J~.~ /1 ~~a ;r ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 15, 1992 ORDINANCE 121592-11 AMENDING THE ROANORE COIINTY CODE BY CREATING A SEPARATE CLASSIFICATION OF TANGIBLE PERSONAL PROPERTY: MOTOR VEHICLES FOR DISABLED VETERANS WHEREAS, Section 58.1-3506 identifies a series of items of property, and declares each to be a separate class of property, constituting a classification for local taxation separate from other classifications of tangible personal property; and, WHEREAS, one motor vehicle owned and regularly used by a disabled veteran, subject to certain qualifications, is one such classification; and, WHEREAS, the governing body may levy a tax on the property enumerated in this section at different rates from the tax levied on other tangible personal property, and the rates of tax and the rates of assessment shall not exceed that applicable to the general class of tangible personal property; and, WHEREAS, the first reading of this ordinance was held on December 1, 1992, and the second reading and public hearing of this ordinance was held on December 15, 1992. NOW THEREFORE BE IT ORDAINED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Article II. "Taxes on personal property" of Chapter 21. "Taxation" is hereby amended by the addition of a new Section 21-21, Exemptions-Other Classifications of Tangible Personal Property. 1 A. The items of property set forth below are each declared to be a separate class of property and shall constitute a classification for local taxation separate from other classifications of tangible personal property provided in this Article• One motor vehicle owned and regularly used by a veteran who has either lost, or lost the use of, one or both legs, or an arm or a hand, or who is blind or who is permanently and totally disabled as certified by the Department of Veteran's Affairs. In order to qualify the veteran shall provide a written statement to the commissioner of revenue or other assessing officer from the Department of Veteran's Affairs that the veteran has been so designated or classified by the Department of Veteran's Affairs as to meet the requirements of this section, and that this disability is service-connected. For purposes of this section a person is blind if he meets the provisions of ~ 46.2-739. B. The Board of Supervisors may levy a tax on the property enumerated in subsection A at different rates from the tax levied on other tangible personal property. The rates of tax and the rates of assessment shall not exceed that applicable to the aeneral class of tangible personal property. C. For the tax year commencing January 1, 1993, and for all tax years thereafter, unless otherwise changed, the rate of taxation on the property enumerated in subsection A shall be at a percentage of the rate of tax applicable to the general class of tangible personal property to be established annually. from and after January 1, 1993. On motion of Supervisor Johnson with no percentage set in ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Nickens, Eddy NAYS: Supervisor Kohinke A COPY TESTE: Mary H. A len, CMC Clerk to the Board of Supervisors cc: File Circuit Court C. O. Clemens, Judge Kenneth Trabue, Judge Steven A. McGraw, Clerk Family Court Services Joseph M. Clark, II, Judge Philip Trompeter, Judge Peggy Gray, Clerk Intake Counsellor General District Court John L. Apostolou, Judge George Harris, Judge Theresa A. Childress, Clerk Skip Burkart, Commonwealth Attorney Paul M. Mahoney, County Attorney Magistrates Sherri Krantz/Betty Perry Main Library John H. Cease, Police Chief Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Code Book Gerald S. Holt, Sheriff John M. Chambliss, Jr., Assistant County Administrator Don C. Myers, Assistant County Administrator Diane D. Hyatt, Director, Finance O. Arnold Covey, Director, Engineering & Inspections Terrance L. Harrington, Director, Planning & Zoning Kenneth L. Hogan, Chief Animal Control Officer Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue John D. Willey, Director, Real Estate Assessment Michael Lazzuri, Court Services 3 r 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: December 15, 1992 AGENDA ITEM: ORDINANCE AMENDING THE ROANOKE COUNTY CODE BY CREATING A SEPARATE CLASSIFICATION OF TANGIBLE PERSONAL PROPERTY: MOTOR VEHICLES FOR DISABLED VETERANS COUNTY ADMINISTRATOR' S COMMENTS : ~' ,~ a~~'~r~" " "'Y L. EXECUTIVE SUMMARY• This proposal would create a separate classification of property for tangible personal property taxation of motor vehicles owned and regularly used by disabled veterans. The creation of a separate classification of property would allow the Board of Supervisors to levy a tax rate for this property different from the tax rate for other classifications of tangible personal property. BACKGROUND• In June of 1992, a citizen requested the Board to adopt an ordinance to allow disabled veterans to receive a reduced personal property tax rate. On July 14, 1992, the County Attorney responded to the Board by memorandum explaining the enabling legislation, informing the Board of the other classifications allowing special treatment for personal property taxation (currently the Board has authorized only two exemptions: household goods and agricultural animals and machinery), and advising the Board of the potential fiscal impact of the adoption of such an ordinance. On October 13, 1992, the Board directed that staff prepare a report and draft ordinance to implement this request. SUNIIKARY OF INFORMATION: The 1991 session of the Virginia General Assembly (Chapter 247) amended Section 58.1-3506 of the State Code. This section of the State Code authorizes the governing body of any county, city, or town to levy personal property taxes on the various separate classes or classifications of tangible personal property enumerated in this section. There are 18 separate classes or classifications 1 `~ of tangible personal property listed in this section. This provision of the State Code lists specific items of property and declares them to be a separate class of property constituting a classification for local taxation separate from other classifications of tangible personal property taxation. The amendment describes this classification of tangible personal property as follows: One motor vehicle owned and regularly used by a veteran who has either lost, or lost the use of, one or both legs, or an arm or a hand, or who is blind or who is permanently and totally disabled as certified by the Department of Veterans Affairs. In order to qualify the veteran shall provide a written statement to the commis- sioner of revenue or other assessing officer from the Department of Veteran Affairs that the veteran has been so designated or classified by the Department of Veteran Affairs as to meet the requirements of this section, and that his disability is service-connected. For purposes of this section, a person is blind if he meets the provisions of Section 46.2-739. Of all the various separate classifications and exemptions to personal property taxation authorized in the State Code, the County has exercised its discretion to apply: •an exemption for household goods and personal effects (authorized by Section 58.1-3504, County Code § 21-19); and •an exemption for farm animals, grain, and farm machinery and tools (authorized by Section 58.1-3505, County Code § 21-20). The County has created a separate classification for taxation for mobile homes; however, the rate of taxation for mobile homes is not reduced, rather the rate of taxation is identical to the real estate tax rate. Subject to certain limitations, the governing body may levy a tax on the various classifications of personal property enumerated in this section at different rates from the tax levied on other tangible personal property. The Commissioner of the Revenue has provided a listing of those individuals receiving from the Commonwealth free Disabled Veteran license plates for motor vehicles. There are approximate- ly 90 vehicles on this list. There are approximately 30 vehicles on this list for POW license plates. Members of the National Guard are entitled to one-half fee license plates (approximately 120 vehicles). Disabled veterans and POWs are currently exempt (National 2 ~" Guard pay one-half) from the County license (decal) fee, see Sec. 12-28(e) of the Roanoke County Code. FISCAL IMPACTS: Adoption of this ordinance and establishing a different (lower) tax rate for this classification of personal property will result in a loss of revenue. The revenue loss depends upon the tax rate. Estimating an average personal property tax bill of $200.00 per vehicle for 90 disabled veteran's vehicles at a 0$ tax rate would result in a revenue loss of $18,000. Over the past three years County personal property tax collections have been stagnant. Any erosion of revenues in this area is of great concern to staff and the Board. It is suggested that this request for preferential treatment for purposes of personal property taxation be analyzed within the broader context of all the fees and taxes levied by the County and the possible petitions for similar treatment by the various other special interest classifications. There are 18 separate classifi- cations authorized in Section 58.1-3506; this request is but one of the classifications. Use value assessment for real estate (agricultural, horticul- tural, forest and open space uses) and real estate tax exemptions for elderly and handicapped/disabled persons are significant, existing programs for County residents. The Board last year adopted an ordinance authorizing the reduction of water rates in hardship situations for elderly or handicapped/disabled persons. The latter two programs are based upon certain gross income and financial worth criteria. The requested preferential classifica- tion for personal property is not subject to any "needs" ( income or net worth) analysis. Finally the Board should consider this request within the context of the various requests for tax exempt status for purposes of real estate taxation. Over 9$ of the total assessed value of real estate in Roanoke County is currently tax exempt. ALTERNATIVES• (1) Adopt the attached ordinance creating a separate classification of property for motor vehicles owned and regularly used by a disabled veteran for purposes of tangible personal property taxation. (2) Decline to adopt the attached ordinance. 3 "! STAFF RECOMMENDATION: Staff recommends that the Board choose alternative (2). This recommendation is based upon the following factors: -that additional losses of revenue from the personal property tax levy is damaging to the County (and may require increases for other taxpayers to maintain the same revenue level); -that adoption of this proposal could establish an unfavorable precedent for further erosion of the personal property tax base by the adoption of the other special personal property classifications; -that this preferential treatment is not based upon "means" or "needs" analysis (for example, income or net worth) as is the real estate tax relief program; -that other programs already provide some tax relief to this category of taxpayers (e.g. real estate tax relief, reduced license/decal fees). Respectfully submitted, Paul M. Mahoney County Attorney Action Approved ( ) Denied ( ) Received ( ) Referred to c:\wp51\agenda\cade\disablve.tpt Motion by Vote No Yes Aba Eddy Johnson Kohinke Nickens Minnix 4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 15, 1992 ORDINANCE AMENDING THE ROANOKE COUNTY CODE BY CREATING A SEPARATE CLASSIFICATION OF TANGIBLE PERSONAL PROPERTY: MOTOR VEHICLES FOR DISABLED VETERANS WHEREAS, Section 58.1-3506 identifies a series of items of property, and declares each to be a separate class of property, constituting a classification for local taxation separate from other classifications of tangible personal property; and, WHEREAS, one motor vehicle owned and regularly used by a disabled veteran, subject to certain qualifications, is one such classification; and, WHEREAS, the governing body may levy a tax on the property enumerated in this section at different rates from the tax levied on other tangible personal property, and the rates of tax and the rates of assessment shall not exceed that applicable to the general class of tangible personal property; and, WHEREAS, the first reading of this ordinance was held on December 1, 1992, and the second reading and public hearing of this ordinance was held on December 15, 1992. NOW THEREFORE BE IT ORDAINED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Article II. "Taxes on personal property" of Chapter 21. "Taxation" is hereby amended by the addition of a new Section 21-21, Exemptions-Other Classifications of Tangible Personal Property. 1 ~` .~ .+r A. The items of property set forth below are each declared to be a separate class of property and shall constitute a classification for local taxation separate from other classifications of tangible personal property provided in this Article• 1L One motor vehicle owned and regularly used by a veteran who has either lost, or lost the use of one or both legs or an arm or a hand, or who is blind or who is permanently and totally disabled as certified by the Department of Veteran's Affairs. In order to qualify the veteran shall provide a written statement to the commissioner of revenue or other assessing officer from the Department of Veteran's Affairs that the veteran has been so designated or classified by the Department of Veteran's Affairs as to meet the requirements of this section and that this disability is service-connected For purposes of this section a person is blind if he meets the provisions of ~ 46 2-739. B. The Board of Supervisors may levy a tax on the property enumerated in subsection A at different rates from the tax levied on other tangible personal property The rates of tax and the rates of assessment shall not exceed that applicable to the general class of tangible personal property C. For the tax year commencing January 1 1993 and for all tax vears thereafter, unless otherwise changed the rate of taxation on the property enumerated in subsection A shall be (0$ 25~• 50~, 75~. 1000 of the rate of tax applicable to the general class of tangible personal property ~~-.~i 2. That this ordinance shall be in full force and effect from and after January 1, 1993. c:\wp51\agenda\code\disable.o~d 3 ~Illlllllllllllllllllllllllllllllilllllllllllllllllllllllllillllilll~lllllillillllllllllllllllllllllllllllllllllllllllllllllllll~ _ .. _ -, - - - - - - - - ,~-.' AGENDA ITEM NO. ~_ - - __ APPE CE REQUEST =_ PUBLIC HEARING ORDINANCE CITIZENS COMMENTS c - - - `t ~. yP~r4-~ _ = SUBJECT: /-~ M G n D ~ N g U ~ a. ,Stie, y ° ' ~ ' `G ~ ~ u ~S • Gl.~' J''~ _ - _ ~ f-oGtC? `~t~ g ohtYL- r~/>~rY'S' /~2pyal--~/eln-~7.~r~' _ ~i~- !J`5!#~13 to c~ I/~m~h-S = __ 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: c ^ Each s Baker will be iven between three to five minutes to comment = whethe P 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 presentation 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 arecognized speaker and audience members is not allowed. c ^ 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. ,- c ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP c ALLOWING THE INDIVIDUAL TO REPRESENT THEM. -_ - - PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK - - - - - - - - - - - - - - - ----- - - -_ _~ ~ _ - - _ - - - - - - - - NAME l~~z _. - - ADDRESS ~ 9 ~~ ~ %-u.r ~ L Cz l ~-~ n ~ t1 C,nft~ uvA- - - _ - 703 ~So~~~~ _ PHONE - 11~IIIIIIIilllllililllilllllllllllllilllllilillllllllliillllllllllllllllllilllllilllllllllllllililllllllllllllllliilllillllllilllllm ~Illllilllllllllllllllllilllllllllllllllllllllllillllllitlllilli~lllllllllllllllllllllllllllllllllililllllllllllllllllllllllllll~jj~ - ~ - _ _ _ _ _ _ _ _ -_ AGENDA ITEM NO. / \ ~- c APPE CE REQUEST _ - V PUBLIC HEARING ORDINANCE CITIZENS COMMENTS Cao~ SUBJECT: O~D~~vo~c~" A~,-, ~D/~~ oA,vox~' Cd~rrY h,o~~2 l~~~c~NS r~K /Jiroe't~ rim-rE~-2~"'d 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 speakin on an issue, c and will enforce the rule unless instructed by the majority ofgthe Board to = __ do otherwise. _ _ . ^ Speaker will be limited to a presentation 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 arecognized __ 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 c with the clerk. __ ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP c ALLOWING THE INDIVIDUAL TO REPRESENT THEM. -_ PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK __ _ - mlllllllllllllliillllllilllllllllllilllllllilllllllllllllllllllllllillllllllllillilllillllilllllllllllllllllillllllllllllllllitllnl ~- 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, DECEMBER 15, 1992 ORDINANCE 121592-12 TO AMEND PROFFERED CONDITIONS ON THE REZONING OF A 1.516-ACRE TRACT OF REAL ESTATE LOCATED BETWEEN 3727 AND 3773 CHALLENGER AVENIIE (TA% MAP NOB. 50.01-1- 2.1 AND 2.6) IN THE HOLLINB MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF B- 2, GENERAL COMMERCIAL DISTRICT (CONDITIONAL), TO THE ZONING CLASSIFICATION OF B-2, GENERAL COMMERCIAL DISTRICT (AMENDMENT TO PROFFERS) IIPON THE APPLICATION OF WEBB-STEVENSON CO. WHEREAS, the first reading of this ordinance was held on November 17, 1992, and the second reading and public hearing was held December 15, 1992; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on December 1, 1992; and, WHEREAS, legal notice and advertisement has been provided as required by law; and WHEREAS, this property was rezoned from Residential District to B-2, General Commercial District, with proffered conditions, in 1987; and 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 1.516 acres, as described herein, and located between 3727 and 3773 Challenger Avenue (Tax Map Nos. 50.01-1-2.1 and 2.6) in the Hollins Magisterial District, is hereby changed from the zoning classification of B-2, General Commercial District (Conditional), to the zoning classification of B-2, General Commercial District, with no proffered conditions. 1 2. That this action is taken upon the application of Webb- Stevenson Co. 3. That the owner has requested the following amendment to proffered conditions approved by the Board of Supervisors in 1987, which the Board of Supervisors hereby accepts: }-~~e3~e-~i~0-~e+. •• •• ti• .• ~ ~ 1.• .• v~-~a~'-nrre~&G ccs s~6-iire eH~~ i~~ n.,,,~., w cn ~ Be~e~ e ~- €-~l - ~ ~ ~ ^~ ~ b~ ; } '~ ; - ~ ~~ } ~ - ~re ~ d-€ e ~e e~ r~e ~ ~ t ~ i a -:r~ - t E P k ' `"'~ ~ - - ~es e ~r e~s a s~ ~i- - ~e~e s e € e e e e a ~d d t~ s ee = = ar ~d ~~~~ - . -- ~- -__-- ~t ~es e ears awe ~er e~tta~ e~e~ a~ s i ea ~ Te ~- ; , edema; g~es~~ e-tee, g ~~-e~e~e ~=gig, ,~,~..~; . . ,. 4. That said real estate is more fully described as follows: A 1.516-acre tract of land known as New Lot 3A and 3B, Resubdivision for Jack F. Walrond, Jr., being a Resubdivision of Lot 3, Perimeter East Commerce Center, Phase 1, and being a portion of the land conveyed to said owner by Thomas F. and Kathryn M. Davis by deed dated March 31, 1987, and recorded in the Clerk's Office of the Circuit Court of Roanoke County in Deed Book 1259, page 1702, being more particularly described as follows: BEGINNING in the southern right-of-way of Challenger Avenue (U.S. Route 460) and the most southern corner of a tract of land conveyed to Nancy G. Creasy, et al. , in Will Book 38, page 729 of the Roanoke County Deed Records; thence, with Challenger Avenue N. 35 deg. 20' 19" E. 293.15' to an iron pin set; thence S. 51 deg. 38' 49" E. 301.60' to an iron pin set; thence S. 38 deg. 21' 11" W. 224.01' to an iron pin set; thence with the north line of said Creasy tract N. 65 deg. 44' 53" W. to the Point of Beginning, and containing 1.516 acres as drawn by T. P Parker & Son, September 7, 1988. 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. 2 On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: Mary H. Al en, CMC~ Clerk to the Board of Supervisors cc: File Arnold Covey, Engineering & Inspections Terry Harrington, Director, Planning & Zoning John Willey, Director, Real Estate Assessments 3 PETITIONER: WEBB-STEVENSON CO. CASE NUMBER: 24-12/92 Planning Commission Hearing Date: December 1, 1992 Board of Supervisors Hearing Date: December 15, 1992 A. REQUEST Petition of Webb-Stevenson Co. to amend conditions on approximately 1.516 acres to permit construction of an auto parts facility, located between 3727 and 3773 Challenger Avenue, Hollins Magisterial District. B. CITIZEN COMMENTS None. C. SUMMARY OF COMMISSION DISCUSSION The Commission asked about the number of access points. Mr. Hartley stated that the new zoning ordinance contains provisions that should limit the number of access points to this site. In addition, VDOT will require a commercial entrance permit. D. PROFFERED CONDITIONS None. E. COMMISSION ACTION(S) Mr. Massey moved to recommend approval of the petition. The motion carried with the following roll call vote: AYES: Hooker, Witt, Gordon, Robinson, Massey NAYS: None ABSENT: None F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: _ Concept Plan _ Vicinity Map Staff Report _ Other ~_ _ ~l ~G Terrance Harri~ton, Se~fetary Roanoke County Planning Commission STAFF REPORT r~ CASE NUMBER: 24-12/92 PETITIONER: Webb-Stevenson Co. REVIEWED BY: Janet Scheid DATE: December 1, 1992 1. NATURE OF REQUEST a. The petitioner's request is to retain the B-2 zoning designation but to remove conditions placed on these two pieces of _property in 1987. Advance Auto is proposing to locate a retail store at this site. b. When the property was rezoned in 1987 from Residential to B-2 it was a speculative rezoning, i.e., there was no identified business for the site. Consequently, numerous performance standards, a prohibited uses proffer, and a proffer that dealt with curb cuts were placed on the rezoning in order to protect the neighboring area. A summary of the existing proffers on these sites follows: 1. B-2 zoning to exclude public billiard parlor and poolrooms, golf driving range, flea markets and dance halls. 2. These two lots shall have shared access to the curb cut on Route 460. 3. Development of the entire tract will be within restrictions as proposed for Perimeter-East Commerce Park. (These restrictions are performance standards that deal with smoke, dust, odor, gases, noise, glare, exterior lighting, vibrations, radiation, and waste). 2. APPLICABLE REGULATIONS a. The B-2 zoning district allows a wide variety of commercial uses. b. The development and use of this property will have to be in conformance with the new zoning ordinance. Under the proposed zoning maps this area is designated C-2 (with conditions). Automobile Parts/Supply, Retail is a permitted use under the C-2 designation with additional use standards that prohibit exterior display or storage of new or used automobile parts. If, for whatever reasons, Advance Auto does not locate at this site or at some time in the future, Advance Auto moves from this site it is staff's opinion that the C-2 regulations, both in terms of permitted uses and site design criteria, will provide adequate protection without additional proffered conditions. c. Commercial entrance permit will be required from VDOT. d. Site plan review is required and will be done under the requirements of the new ordinance. 1 3. SITE CHARACTERISTICS a. Topography: These sites are relatively level with a slight incline to the southeast. b. Ground Cover: Both sites are grassed. 4. AREA CHARACTERISTICS a. Future Growth Priority: Situated within the Bonsack Community Planning Area. The Route 460 East area is one of the fastest growing commercial and residential corridors in the County. In the 1992-1994 Roanoke County Economic Development Strategy, adopted by the Board of Supervisors in April of 1992, this area of the County is noted as an economic opportunity area. b. General area: This site is in close proximity to the City of Roanoke Center for Industry and Technology. It is also just west of a 100-acre tract of land recently rezoned by the Board for Industrial use and currently for sale by Fralin & Waldron. Across Route 460 from this site is predominately residential, single-family development. 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 designation. This designation is used for certain highway frontage strips and buffer parcels where orderly land development is encouraged. These locations are confined to the urbanizing sections of the County. In areas designated Transition, office and institutional uses, retail uses, multi-family residential, single-family residential (density of 6 or more units per acre) and parks are desirable land uses. Although retail uses are a desirable land use within the Transition designation, to prevent commercial sprawl along major highways, free-standing retail uses are discouraged under Policy TR-1 and planned shopping centers or planned groupings of independent commercial buildings are encouraged under Policy TR-2. Policy TR-3 encourages reserving the highway frontage strips in Transition zones for major office development. 3 b. Neighboring Area: The areas surrounding these two sites are a mixture of commercial and residential uses. The area across Route 460 is designated Neighborhood Conservation and Development and is predominately single-family homes. ~~ Directly to the east is an office building and a convenience store with gasoline pumps and a car wash. Farther to the east is a 100-acre site (known as the Lowe property) that was recently rezoned to Industrial and the land use designation changed to Principal Industrial. 3 c. Site Layout: The concept plan included with this application is not proffered. The location of the proposed building, the number of parking spaces and the location of those spaces is not known at this time. 3 d. Architecture: Unknown. 2 e. Screening and Landscape: The sites directly to the east and to the west of these two parcels are proposed to be zoned C-2 under the new ordinance. The land that adjoins this site to the back is proposed to be zoned I-1. No screening or buffering would be required against any of these borders. As per the ordinance landscaping will be required along the frontage of Route 460. In addition, if the petitioner puts in more than 25 parking spaces interior landscaping of the parking area will be required. 3 f. Amenities: Concept plan is not proffered. 3 g. Natural Features: This part of the County is a groundwater recharge area. Groundwater recharge areas are designated based on the height of the water table and soil types. The protection of areas designated as groundwater recharge areas preserves water quality and quantity., preserves the aesthetic qualities of the surrounding areas, and is an important element in a balanced ecological system. The proposed development of a retail store on these sites does not pose a threat to the groundwater recharge areas. This facility is not intended to be utilized as an automobile repair shop. The owners should take steps to insure that if customers repair automobiles on the property that oil, fuel, antifreeze, and other byproducts are properly disposed of or recycled. TRAFFIC 3 h. Street Capacities: The VDOT estimates that 22,000 vehicles per day travel -Route 460 between Alternate 220 and the East City of Roanoke line. 3 i. Circulation: Concept plan is not proffered. UTILITIES 2 j. Water and Sewer: Adequate supply and availability. DRAINAGE 3 k. Drainage Basin and Floodplain: This area is within the Glade Creek Drainage Basin. These sites are not within the 100-year floodplain. 3 PUBLIC SERVICES ~--- ~„3 3 1. Fire and Rescue Service: Adequate service to this area. 6. STAFF EVALUATION a. Strengths: (1)This area is identified by the Board of Supervisors as an economic opportunity area. (2)The Transition land use designation encourages retail uses. b. Weaknesses: (1)None c. Proffers Suggested: (1)None 4 ROANORE COUNTY REZONING APPLICATION J Date Rec.: ~ ~ Received By: Case No.•: Q _ Ord. No. ~` ~~ 1. Owner' s Name : (d~}~IGOp'FiOQETZRgS~SAC1~ C-'~ WP•LR~ 4 'r'ct Phone : 4'1"1.8Op1 Address: ~ (.1 Rpx 135Z~, RUANCJ~ce ~ V~ Z~031d 2 . Applicant' s Name : 1, 7cigt3_ STEVE~JSt?,~ GU • Phone : ~Q3• LZ5-''1'1~'~ Address: 'p y. Pkyc ) O~iS, [,{ZC~c.sc~~ SC zSb+~~ 3. Location of Property: L~fA~1.~ ~z. ~y~N~,et, Tax Map Number (s) : YiQ.p- 1 - Z• i ~ 50•y1- ~ - Z•~ 4. Magisterial District: 1-4-UU,~~ss 5. Size of Property: l.5 6. Existing Zoning: Existing Land Use: ~)+A(A+~?c (ABU 7. Proposed Zoning: t3~ Proposed Land Use: ~y>una(k, 1~.t-cep p~o-~'s 8. Comprehensive Plan Designation: 9. Are Conditions Proffered With This Request? Yes No x (If you are voluntarily offering proffers as a part of your applica- tion, these proffers. must be in writing. A member,of the Planning Staff can assist you in the preparation of these proffers.) 10. Value of Land and (Proposed) Buildings: ~-3$ ~ 11. The Following Items Must Be Submitted With This Application. Please Check If Enclosed. Application Will Not Be Accepted If Any Of These Items Are Missing or Incomplete: / Letter of Application ~ Concept Plan -~ Metes and Bounds Description / List of Adjacent Owners / of Property (Attach Exhibit A) ~ .l Vicinity Map / Application Fee Written Proffers Water and Sewer Application (If Applicable) 12. Signature Of .Property Owner, Contract Purchaser, Or Owner's Agent: Signature ~ ;4~.~,y.~J1r !A(,~~ Date 16-Z3-4L WALDROP tS9iREALTV October 23, 1992 Roanoke County Planning Commission 3738 Brambleton Avenue Roanoke, Virginia RE: Tax Map Number 50-01-1-2.1 50.01-1-2.6 The Webb-Stevenson Company Advance Auto Parts Ladies and Gentlemen: The owners and contract purchaser request a waiver of the proffered parking ratio within the B2 zoning of Perimeter East Commerce Park from the 20% ratio allocated to the frontage parking to permit construction of a 7000 square foot Advance Auto Parts store. Respectfully, i~~ `Wa 1 d~ J~ r P Agent Walco Properties Jack F. Walrond, Jr. Main Office: P.O. Box 1479, 500 East Fourth Street, Salem, VA 24153 (703) 389-8101 Fax 389-6004 P.O. Box 20509, 2727 Electric Road, Roanoke, VA 24018 (703) 772-7200 Fax 772-7201 ~- 3 22`~AI' S 98° 21' II" W 14 ~~ XX- _J W~ e 1t1 2 0 I 20'-0" 1=X15TIN6 STORMWA ~ I MANA6MENT AREA I I 0 O 516N ~~ # 287.20' N 8~° 20' !Q' ~ GONG~'TU~L. vIT~ Pl..~t~ ~J'~.,~..Ir In a ~~~n ° 14 x r, N ~~ ~ # ~f _ if .. #~ ~ ~J5 ROUTS X60 SITE DEYELOP~R WEBS - STEVEN50N COMPANY J~ ..~rt.~. i'ROP051=U HUII.DING SK1 ~~ 26 OCTOBER 1992 T `, m~ ` 0R 7 ?~' .? ~P!/ ~rz0 qQ ~ ~ i ~ ~ LON C q ~,J 4~ 9 I LLy4 A/OB R c ~ J ~q, ~~~ RE ~ i _ _ AC - ~ i j t,n \ 9 ^1080 d ~O > ~ovantt oKm eNirsO~ ¢R9~'R O • c~ ~ Q ~. `, yO ~ ~ Q ~ , i \ ~ 3 ~' q L `\ RY 5 A/F IL i ~ ( O remur pad (}MrlR R ~ i •. /- ~ .~'~WRf CfMgf fOR °rfnavocxr ` I '• R38 ~' Rt°a Mrn. \~v (2. ,~ - ` ~~~~~:~r~;r°~~ Q =~h VICINITY MAP OverlooA ~ x1900 ~ . ~ 4 -- ---- - ----- - - - - - ee ap - 4QI7 ALL OTHER PARCELS ~ ~~'too' ARE ZONED RE „„ ~ "' ~ v~ey ~ S•2 ~` n 114. / Ri/a med ' Prssdr/scion 2.77 Ac 3.3 u 1 51° C/wrcA o/ LCac ~ / America y L°` "' Tius/ee Fir ,w ioa % ° ~•a f..[ \ Si{Y •f a s ~- ;. ~.. 4a,s o 3t ~ ~ eti ~ / / ~ ~ ~.wR. / ~b~~ =~ / -, ~. e . , M\ / .e.~^ ,s / t•. t mt , / S 3t ~ / •r ,.4 ~\ a a ~~. ,14 ~4 ' / a m / 5 4 ~ . .uu'4 .w• _ '~• / 39p 1.34 Ac / ?'' N° Ml p•~ ° .... ,~ ' `. '9~~ 3 3 L K a / 3.14 Ac -_ 104.27 ac =sz 24 4~ ~ 4 b4 Yom` 5 ~m i , ~ / ~~ StZS~, C f,.. e'te3G • s 4 3e~ ,Q ~ '~'o, ~2 3 z °O7 ,+ I.ioa ~'jN ~ 4 m~ 21 g~C c ~t 22 ~° 2.6 ~° ~E' 9.33 4c o~ ~C yr MIC 12~ 3 i RE 8.95 Ac. • Roo~oke City ;e42 {i~F GJ 9 ao,,y WEBB STEVENSON COMPANY ~._ + DEPARTMENT OF PLANNING 50.01-01-2.1 and 2.6 a AND ZONING B2C to B2 `~ .2•` Amend Proffered: Condition -3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, DECEMBER 15, 1992 ORDINANCE TO AMEND PROFFERED CONDITIONS ON THE REZONING OF A 1.516-ACRE TRACT OF REAL ESTATE LOCATED BETWEEN 3727 AND 3773 CHALLENGER AVENUE (TAX MAP NOS. 50.01-1-2.1 AND 2.6) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF B-2, GENERAL COMMERCIAL DISTRICT (CONDITIONAL), TO THE ZONING CLASSIFICATION OF B-2, GENERAL COMMERCIAL DISTRICT (AMENDMENT TO PROFFERS) UPON THE APPLICATION OF WEBB-STEVENSON CO. WHEREAS, the first reading of this ordinance was held on November 17, 1992, and the second reading and public hearing was held December 15, 1992; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on December 1, 1992; and, WHEREAS, legal notice and advertisement has been provided as required by law; and WHEREAS, this property was rezoned from Residential District to B-2, General Commercial District, with proffered conditions, in 1987; and 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 1.516 acres, as described herein, and located between 3727 and 3773 Challenger Avenue (Tax Map Nos. 50.01-1-2.1 and 2.6) in the Hollins Magisterial District, is hereby changed from the zoning classification of B-2, General Commercial District (Conditional), to the zoning classification of B-2, General Commercial District, with no proffered conditions. 1 ~3 2. That this action is taken upon the application of Webb- Stevenson Co. 3. That the owner has requested the following amendment to proffered conditions approved by the Board of Supervisors in 1987, which the Board of Supervisors hereby accepts: ,., ~,. e.~_a,.., ,.; r ~ ~ / ~' RT1TiTI~-~^R'T„I~G ~TreR~[[~EGL.~[I'I~-Ra~'~~"'~r ~ i., .. , , i, ...... z, _ a ~ i. ~,. ~. ~ ;---`~es~e-~9--~ets-~riurr~sa.-~rurcu--u~~es9~~e n..,,~.. ~ cn e~- ep~e~~ ~€ e€- ~Y~e-e~~e s~ ~ ~ -F --~a~ • , , ~ '~~ n~ e te e~ ~a s Eeter~e-~a~ -~~-Z-~ es~e ' ~ , 1'4f' ~ ~ a~ee; -e~C-~e=-r6i~ --~-~~~acza:eJ~ ~r~-~ 9~?S-~ 4. That said real estate is more fully described as follows: A 1.516-acre tract of land known as New Lot 3A and 3B, Resubdivision for Jack F. Walrond, Jr., being a Resubdivision of Lot 3, Perimeter East Commerce Center, Phase 1, and being a portion of the land conveyed to said owner by Thomas F. and Kathryn M. Davis by deed dated March 31, 1987, and recorded in the Clerk's Office of the Circuit Court of Roanoke County in Deed Book 1259, page 1702, being more particularly described as follows: BEGINNING in the southern right-of-way of Challenger Avenue (U.S. Route 460) and the most southern corner of a tract of land conveyed to Nancy G. Creasy, et al., in Will Book 38, page 729 of the Roanoke County Deed Records; thence, with Challenger Avenue N. 35 deg. 20' 19" E. 293.15' to an iron pin set; thence S. 51 deg. 38' 49" E. 301.60' to an iron pin set; thence S. 38 deg. 21' 11" W. 224.01' to an iron pin set; thence with the north line of said Creasy tract N. 65 deg. 44' 53" W. to the Point of Beginning, and containing 1.516 acres as drawn by T. P Parker & Son, September 7, 1988. 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. 2 ., v ,, AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 15, 1992 ORDINANCE 121592-13 AIITHORIZING THE ACQIIISITION OF 3.395 ACRES OF REAL ESTATE (TA% MAP PARCEL NIIMBER 87.07-3-8) FOR COIINTY OFFICE FACILITIES, APPROVING THE LEASE OF OFFICES, APPROPRIATING FIINDS THEREFOR, AIITHORIZING THE MANNER OF TA% E%EMPT FINANCING, DECLARING REIMBIIRSEMENT INTENTION, AND SIICH OTHER MEASIIRES AS MAY BE REQIIIRED TO ACCOMPLISH THIS PROJECT WHEREAS, on November 17, 1992, the Board of Supervisors of Roanoke County, Virginia ("County") approved the acquisition of certain real estate identified as the "Traveler's Building" for the purpose of relocating County administrative offices from the Roanoke County Administration Center; and, WHEREAS, this relocation of County offices would eliminate the necessity of leasing private office space for certain County operations at the Brambleton Corporate Center; and, WHEREAS, this transaction would increase operational efficiencies, acquire a facility which addresses future growth needs of the County, eliminate rental expenses, improve working conditions, and improve service to County citizens; and, WHEREAS, the County has determined that it is necessary or desirable to advance money to pay the costs of acquiring, rehabilitating and equipping certain real estate and improvements thereon, to renovate existing facilites of the County and the Roanoke County School Board to provide office space ("Project") and to reimburse such advances with proceeds of one or more financings; and WHEREAS, the first reading of this ordinance was held on 1 December 1, 1992, and the second reading of this ordinance was held on December 15, 1992. BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA: 1. That the acquisition of 3.395 acres of real estate and improvements thereon in the Cave Spring Magisterial District of Roanoke County, Virginia, located at 5204 Bernard Drive (Tax Map Parcel Number 87.07-3-8) for the purchase price of $2,400,000 from the Western National Life Insurance Company is hereby authorized and approved. 2. ~L That it is approved and authorized for the County to undertake renovations and improvements to facilities of the County and to facilities of the Roanoke County School Board, after approval by the School Board as to its facilities. (ab) That it is further approved and authorized for the County to enter into lease agreements for said real estate and improvements with the Roanoke County Industrial Development Authority for the purpose of securing appropriate tax exempt financing for this Project. The total amount of financing for this Project shall not exceed the sum of $4,750,000. (bc) The financing through the Authority shall not be a general obligation of the County as to which its full faith and credit are pledged, but shall be structured as a limited obligation of the County payable solely from certain revenues or as an obligation requiring an annual appropriation by the Board of Supervisors of the County, or a combination of the two, as the 2 County Administrator and Director of Finance in their discretion shall deem appropriate. 3. That the sum of $350,000 is reserved from the general fund unappropriated fund balance which, in addition to the available County debt drop-off, will address the estimated operating shortfall for FY 1993-94. 4. The Board of Supervisors adopts this paragraph as a declaration of official intent under U. S. Treasury Regulations Section 1.103-18. The Board of Supervisors reasonably expects to reimburse advances made or to be made by the County to pay the costs of acquiring, rehabilitating and equipping the Project from the proceeds of its debt or the proceeds of the Authority's revenue bonds. The maximum amount of debt or other financing expected to be issued for such purpose is $4,750,000. 5. That the County Administrator is authorized to select an Underwriter to assist officials of the County in structuring the financing for this Project through the Authority and providing for the issuance and sale of the Authority's revenue bonds on behalf of the county in an aggregate principal amount not to exceed $4,750,000. The County Administrator is authorized and directed to negotiate and execute and deliver a Bond Purchase Agreement with the Underwriter, providing for the sale and delivery of the Authority's revenue bonds on behalf of the County regarding the matters approved herein upon terms and conditions to be approved by subsequent resolution or ordinance of the Board. 6 . The County Administrator, and such officers and agents of 3 the County as he may designate, are authorized and directed to take such further action as they deem necessary to accomplish the purposes of this Ordinance and to assist the Authority in structuring the financing on the County's behalf and with the issuance and sale of the Authority's revenue bonds, all upon approval as to form by the County Attorney. All actions taken by such officers and agents in connection with the matters approved herein are hereby ratified and confirmed. The County Administrator, and such officers and agents of the County as he may designate, are hereby authorized and directed to assist the Authority in the preparation and distribution of an appropriate preliminary official statement, official statement, and such other disclosure documents as may be necessary to expedite the sale of the Authority's revenue bonds on behalf of the County, and such officers are authorized to execute and deliver such disclosure documents as may be necessary or appropriate. 7. That this ordinance shall be in full force and effect from and after December 15, 1992. 8. Beginning no later than 30 days after the adoption of this ordinance and ending on the date on which the debt or other financing is issued, this ordinance will be reasonably available for inspection by the general public during normal business hours at the office of the County Administrator. On motion of Supervisor Nickens, and carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Nickens 4 NAYS: None ABSTAIN: Supervisors Johnson, Eddy A COPY TESTE: ~. G?-~.~.-r-- Mary H. Allen, CMC Clerk to the Board of Supervisors CC: File Paul Mahoney, County Attorney John Willey, Real Estate Assessment Diane Hyatt, Finance Director Don Myers, Assistant County Administrator 5 ACTION NO. ITEM NUMBER `~ ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 15, 1992 AGENDA ITEM: Second Reading of Ordinance Authorizing the Acquisition of 3.395 Acres of Real Estate for Relocation of County Offices. COUNTY ADMINISTRA,~R ~ S COAIIiENTS • ~ ~~,,,yrz ~~'~`'~~ EXECUTIVE SUMMARY: At its meeting on November 17, 1992, the Board of Supervisors approved the acquisition of property known as the Travelers Building. The first reading of the ordinance required for completion of that transaction was held on December 1, 1992. Since then several questions have been asked regarding details of the financing for the Travelers Building and the costs related to the move of the School Administration offices to the RCOS. Attached, in response and in addition to the ordinance required for second reading, is information relative to the subject costs and financing. s _. - -~ • ~ Our most recent study, conducted by Jones & Jones Associates, identified a current need for an additional 10,000 square feet for the County and a projected need of 13,000 square feet by the year 2000. The Schools, based on their own studies, have indicated the need for an additional 5,000 square feet. Several alternatives for addressing this need were identified, developed, costed, and discussed at length. The adopted alternative involved the purchase of the Travelers Building for use by the County Administration offices. As a part of this alternative, the School Administration offices would be moved to the present RCOS site. Following is a further description of that alternative. o Construct a ninth grade wing at Northside High School and move the sixth grade to Northside Junior. This would allow the mainstreaming of RCOS students and eliminate the need for using RCOS in the future for the student population. o Move the County Schools Administrative offices to the present RCOS. site. s / o Relocate Social Services and Health Services to the present school facilities at 526 College Avenue. o Move those offices currently in the County Administration Center (RCAC) to the Traveler's Building. In compliance with that section of the County Charter dealing with the acquisition of real estate, the referenced ordinance is to be read at the December 15, meeting of the Board of Supervisors. The purpose of the ordinance, which will be in effect from and after December 15, 1992, is to: 1. Authorize the County to enter into a lease and leaseback agreement for the property with the Roanoke County Industrial Authority. Total amount of financing for the transaction described in attached Exhibit 1, is $4,750,000. 2, Authorize the use of $350,000 from the general fund unappropriated fund balance, which along with debt drop- off, will address the estimated operating shortfall for FY 1993-94. 3. Authorize the County Administrator to: a) select an underwriter to assist in marketing tax exempt financing and b) execute necessary documents to accomplish the purposes of the ordinance. Staff recommends approval of this ordinance. Respectfully submitted, Approved by, Paul M. Mahoney C,, Elmer C. Hodge County Attorney County Administrator ---------------------------------------------------------------- Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) Motion by: ACTION VOTE No Yes Abs Eddy Johnson Kohinke Minnix Nickens ~-/ Exhibit 1 CAPITAL COSTS - Alternative 6 Purchase Traveler's and Move Schools to RCOS November 17, 1992 Traveler's Building Cost of Building Partitioning, Carpet and Painting Telephone and Computer ADA Work Northside/RCOS Northside Construction RCOS Renovations Telephone and Computer Installation Renovation of Existing Buildings School Administration & Annex RCAC Total Capital Costs Issuance Cost Debt Service Reserve Total Bonds Fall '93 Revenue Bonds VPSA $2,400,000 210,000 200,000 10,000 2,820,000* $1,910,000 250,000 150,000 2,310,000 750,000 150,000 900,000 3,720,000 100,000 500,000 $4,320,000 2,310,000 $2,310,000 * Based on this number, the cost per square foot for the Traveler's Building is $45.36. 5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 15, 1992 ORDINANCE AUTHORIZING THE ACQUISITION OF 3.395 ACRES OF REAL ESTATE (TAX MAP PARCEL NUMBER 87.07-3-8) FOR COUNTY OFFICE FACILITIES, APPROVING THE LEASE OF OFFICES, APPROPRIATING FUNDS THEREFOR, AUTHORIZING THE MANNER OF TAX EXEMPT FINANCING, DECLARING REIMBURSEMENT INTENTION, AND SUCH OTHER MEASURES AS MAY BE REQUIRED TO ACCOMPLISH THIS PROJECT WHEREAS, on November 17, 1992, the Board of Supervisors of Roanoke County, Virginia ("County") approved the acquisition of certain real estate identified as the "Traveler's Building" for the purpose of relocating County administrative offices from the Roanoke County Administration Center; and, WHEREAS, this relocation of County offices would eliminate the necessity of leasing private office space for certain County operations at the Brambleton Corporate Center; and, WHEREAS, this transaction would increase operational efficiencies, acquire a facility which addresses future growth needs of the County, eliminate rental expenses, improve working conditions, and improve service to County citizens; and, WHEREAS, the County has determined that it is necessary or desirable to advance money to pay the costs of acquiring, rehabilitating and equipping certain real estate and improvements thereon to renovate existing facilites of the County and the Roanoke County School Board to provide office space ("Project") and to reimburse such advances with proceeds of one or more financings; and WHEREAS, the first reading of this ordinance was held on 1 December 1, 1992, and the second reading of this ordinance was held on December 15, 1992. BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA: 1. That the acquisition of 3.395 acres of real estate and improvements thereon in the Cave Spring Magisterial District of Roanoke County, Virginia, located at 5204 Bernard Drive (Tax Map Parcel Number 87.07-3-8) for the purchase price of $2,400,000 from the Western National Life Insurance Company is hereby authorized and approved. 2. Sal That it is ateproved and authorized for the County to undertake renovations and improvements to facilities of the County and to facilities of the Roanoke County School Board after apt~roval by the School Board as to its facilities (mob) That it is further approved and authorized for the County to enter into lease agreements for said real estate and improvements with the Roanoke County Industrial Development Authority for the purpose of securing appropriate tax exempt financing for this Project. The total amount of financing for this Project shall not exceed the sum of $4,750,000. (~c) The financing through the Authority shall not be a general obligation of the County as to which its full faith and credit are pledged, but shall be structured as a limited obligation of the County payable solely from certain revenues or as an obligation requiring an annual appropriation by the Board of Supervisors of the County, or a combination of the two, as the 2 L..~ - / County Administrator and Director of Finance in their discretion shall deem appropriate. 3. That the sum of $350,000 is reserved from the general fund unappropriated fund balance which, in addition to the available County debt drop-off, will address the estimated operating shortfall for FY 1993-94. 4. The Board of Supervisors adopts this paragraph as a declaration of official intent under U. S. Treasury Regulations Section 1.103-18. The Board of Supervisors reasonably expects to reimburse advances made or to be made by the County to pay the costs of acquiring, rehabilitating and equipping the Project from the proceeds of its debt or the proceeds of the Authority's revenue bonds. The maximum amount of debt or other financing expected to be issued for such purpose is $4,750,000. 5. That the County Administrator is authorized to select an Underwriter to assist officials of the County in structuring the financing for this Project through the Authority and providing for the issuance and sale of the Authority's revenue bonds on behalf of the county in an aggregate principal amount not to exceed $4,750,000. The County Administrator is authorized and directed to negotiate and execute and deliver a Bond Purchase Agreement with the Underwriter, providing for the sale and delivery of the Authority's revenue bonds on behalf of the County regarding the matters approved herein upon terms and conditions to be approved by subsequent resolution or ordinance of the Board. 6. The County Administrator, and such officers and agents of 3 s / the County as he may designate, are authorized and directed to take such further action as they deem necessary to accomplish the purposes of this Ordinance and to assist the Authority in structuring the financing on the County's behalf and with the issuance and sale of the Authority's revenue bonds, all upon approval as to form by the County Attorney. All actions taken by such officers and agents in connection with the matters approved herein are hereby ratified and confirmed. The County Administrator, and such officers and agents of the County as he may designate, are hereby authorized and directed to assist the Authority in the preparation and distribution of an appropriate preliminary official statement, official statement, and such other disclosure documents as may be necessary to expedite the sale of the Authority's revenue bonds on behalf of the County, and such officers are authorized to execute and deliver such disclosure documents as may be necessary or appropriate. 7. That this ordinance shall be in full force and effect from and after December 15, 1992. 8. Beginning no later than 30 days after the adoption of this ordinance and ending on the date on which the debt or other financing is issued, this ordinance will be reasonably available for inspection by the general public during normal business hours at the office of the County Administrator. c:\wp51\agenda\realest\travlag2.ord 4 r ~- 1 County Coalition At a meeting held on Saturday December 12th 1992, it was decided that the following members of the County Coalition would speak before the Roanoke County Board of Supervisors on Tuesday December 15th. Babs Pare, Lela Spitz, Bill En~_art, Ca ol_ T~ and Don Terp`-~ ~- By Holly Enyart. Acting President V r" 1111111111111111111111111111l1111111111111111111111111111111111111111111111111 AGENDA ITEM NO. ~j ~ APPEARANCE REQUEST FOR PUBLIC HEARING /ORDINANCE CITIZENS COMMENTS SUBJECT: ,~~=c~~,~,~~ c/'~E-~"~~%~l ,C:',/~r.~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 WII.L 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 ~ ~j£j ~ ~ C ADDRESS ~; ~' ~ ~ ~ ~-~ ~~ PHONE ~ 7 4 7C' ~~i Iilllllllllllllllllllllllllllllllilllllllllllllllllllllilllllilillillilllllilll' ~Illicllillllillllilllllllllllllllllllllllllllllllllllllllllllllill I I11111Illllllllllllllllllillllllllllllllllilllllllllllllilil~jj~ - - _ _ _ _ _ --, - c AGENDA ITEM NO. ~ c APPE CE RE VEST - Q - _ ~ _ PUBLIC HEARING %'"~~ ORDINANCE CITIZENS COMME S c ~r ~~°~ ~iJ G~ VI C'..~. c~ ~ ~'~-ti's? V1 ~' ~, ~'ajl~1 ~ ~~ ~- l~ e n - .~~. ~~'1 L~ ~- = c SUBJECT: ~ c-` `rtZ~. ~' ~' ~ . I-~'t; ~lQC ~ %-.s ~ ~~~ ~ __ s_ ~~ ~ fig,., v7~ y+~'~/ -_ 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: c ^ Each s Baker will be iven between three to five minutest p g . o comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speakin 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 presentation 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 arecognized 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 __ vr~th the clerk. __ c ^ INDIVIDUALS SPEAKING ON BEH4LF OF AN ORGANIZED GROUP c SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. ~ s _ ~~ PLEASE PRINT LEGIBLY AND GIVE ~'O THE CLERK ~~-~= , ~~~ U 1~:~, I ~~ ~~~ ~~ l:-~ ~~~:~ ~~ i y~'IC 11.E i~a-r - - - ,~~ ~. NAME _~` ~ _ ,~.... ;.S r' ADDRESS ~ ~~ ~ ~~, ~ ~ ~- ~ ~' __ c ~ u_ I ~' Yti~ j, ' ~ C _ __ c PHONE `~'~~ ~'' ~P ~v~ Illllllillllilllilllllllllllllllllillllllllillllllllllllllllillllllllllllllillilllllllllllllillllilllillllllllllllllllllllillllim 1~1111~11~11111~11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111~- _ _ _ _ _ _ _ _ AGENDA ITEM NO. = = APPE CE REQUEST __ - PUBLIC HEARING ORDINANCE CITIZENS COMMENTS -_ SUBJECT: ~~,~ ~~i~> ~,~ G`~.E~~~~-- - ~ - _ I would like the Chairman of the Board of Supervisors to recognize me during the c meeting on the above matter so that I may comment. = c WHEN CALLED TO THE LECTERN, I WILL GIVE MY NAME AND ADDRESS = FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED BELOW: c c c ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will c = decide the time limit based on the number of citizens speakin 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 presentation of their oint of view only. Questions of clarification may be entertained by the C airman. ^ All comments must be directed to the Board. Debate between arecognized 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. -. c ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP c SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. = = PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK = = = = = = - - - = - = NAME ~-//,¢~ ~~,~ jr~~--~ - - - y ~ - - - ADDRESS `~ ~'~ ~ ~ Y~..S=-~L ~~-~~•~-. __ - - PHONE ~ ~~-~~' mllllllllllllllllillllllllillilllllllllllililllllllllllllillllllllillililllllilllllilllllllllllllllliillllllilllllllllllllllllll ~iiIIIlCllllllllllllllllllllilllllllllllllilllllllilllllllllillllll 1111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~jJ _ _ _ _ _ _ _ _ _ _ _ _ _ _ AGENDA ITEM NO. .S- ~ - - - - - - - - - _ _ _ _ _ _ - APPE CE REQUEST - - PUBLIC HEARING ORDINANCE CITIZENS COMMENTS - - - - - - - - = SUB CT: ~ ~ - = JE C~~ F~A-b~ N 6- o N = _ `~ - - 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: - c ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will c = decide the time limit based on the number of citizens speaking on an issue, c and will enforce the rule unless instructed by the majority of the Board to do otherwise. _. _ ~_ ^ Speaker will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. c - _ ^ 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 c SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP c ALLOWING THE INDIVIDUAL TO REPRESENT THEM. - - _ - PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK - - _ - - - - - - - _ - - - - - - - - - _ - - - - - - _ - - - NAME A- oQ o L i N ~ 7-~ ~ ~° C,4 ~¢,a c.~~ - - - _ - - - _ - - - - - ADDRESS `~ /yo ~-Pp~.~r~R~l~. ~~'ry~= ,2yo/9 = - - - - - - - - PHONE 9' 7 7 -/ o s g = mllllllllllllillllillilllllllillllllililililllllllllllllllilllllllllllllllllllllllillliliilililllllillllllilillllllillllllllillllnl 11~ I111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 ~ _ _ _ _ _ _ _ _ _ _ _ _ - ~ , F. ~ - AGENDA ITEM NO. '~1 _, __ _ _ _ _ _ APPE CE REQUEST - _ _ PUBLIC HEARING ~~ ORDINANCE CITIZENS COMMENTS c _, ~ r~`, a .,~ = SUBJECT: ,, ,. ~ v~,,, Ems' : ~ i ~ ` ~ % ~ • t , ~` ,~ '~ ` ~ ' ~.. r ~, ~ ~' .. ~_ _ _ 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. c WHEN CALLED TO THE LECTERN, I WILL GIVE MY NAME AND ADDRESS c 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 speakin on an issue, c and will enforce the rule unless instructed by the majority of~the Board to do otherwise. ~_ ^ Speaker will be limited to a presentation of their point of view only. = Questions of clarification may be entertained by the Chairman. __ c ^ All comments must be directed to the Board. Debate between arecognized 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 vnth the clerk. _ ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP c ALLOWING THE INDIVIDUAL TO REPRESENT THEM. c PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK i ~ _ ~ - ~ - ~ _ millllllllilllllillllllllllllllllllilillilllilllllllllllllllllllllllilllllllilllllillillilllliilllllllilllllillllllllllllllilllllm ~' ~ Mrs. Lela C. Spitz, 389-4187 ~~ 1971 Oak Drive Extension Salem, VA 24153 PRESENTED TO THE ROANOKE COUNTY BOARD OF SUPERVISORS ON 12-15-92 SUBJEC'1: Roanoke County Denies Citizen Vote on Bond Issue. There are several aspects of a proposed County Bond costing millions of dollars. But ] am most seriously concerned about the fact that the Roanoke County Board of Super- visors has denied citizens their right to a Bond Referendum vote on millions of dollars that taxpayers will have to repay. The Supervisors have taken away our vote on this issue; a serious breach of the Democratic process which I feel duty-bound to defend. These are the two types of Bonds involved: 1) GENERAL OBT.IGATION BONDS: Tax-exempt bonds, pledging the full faith and credit of the County, to be used for long-term, Capital projects which do not produce revenue and which are funded by general tax revenue. Approval of Voters/taxpayers is required for these bonds. Government office buildings would be an example of this type bond. 2) REVENUE BONllS ISSUED BY THE ROANUI:E COUNTY INllUS'TRIA~. I1EVF.LOYMRNT A.UTHO$ITY: Tax-exempt bonds which do not require voter approval because bonds are limited to specific projects that generate their own revenue completely independent from general tax revenue. For example, Revenue Bonds were issued for the reservoir because revenue generated by~the sale of water will (hopefully) pay for the bonds. P~oanoke CounL'y expects the Industrial Development Authority (I.D.A.) to issue a Revenue Bond for the proposed new Administrative Center, then lease the building back to the County for 20 yrs. (in effect 20 leases for 1 yr. each). The I.D.A. consists of people appointed by the Board of Supervisors, and has no funds itself; so Roanoke County would be the actual source of funds. ' Because the I.D.A. lease to the County could be canceled any year, the Bank financing the Revenue Bond requires a $500,000. llebt Service' Reserve Fund, in case citizens oppose this deal and the lease is canceled before the bond is paid in full. This means that the Revenue Bond "lease" plan will cost taxpayers an additional $500,000 plus 20 yrs. interest -- or about $1 mi].l.ion more than if the County simply bought the building using a General Obligation L'ond. Why in the world would the Roanoke County Supervisors devise such a complicated, and questionable plan to finance a new building/which would also cost citizens about a million extra dollars? ~ BECAUSE THE ROANOICE COUNTY L'OARD OF SUPERVISORS DOES NOT 1dANT TAXPAYERS TO VOTE ON TINS FOND!!! ' +SPITZ, 12- 15-92 p. 2 Under the I.D.A. "lease" plan, the new office building and other renovations will be paid for by County General Tax funds, so it is indeed a Capital Project funded by general taxes. Not one single item on the "Revenue Bond" list is a reveriue- ~~roducin~, 9.L-em~L-hr_reCorc~ tl~ .ra 1~rc~~ect :(ra no L'_ cl_1I;.tI,J_c .fc~r n "Itcwcm~c ISond". The indisputable intent of Voter-Referendum lel;islatlon is that long-term capital expenditures which do no L' create their own revenue must have voter/taxpayer approvel by means of a referendum. A questionable "L'ack lloor" legal loophole may have been manufactured, but that does not alter the intent of the Voter-Referendum requirement or the strong citizen support for the opportunity to vote on capital projects. Clearly, the Board of Supervisors is violati~ig the public trust by deliberately circumventing the voter-referendum requirement with an absurd, irresponsible method of financing a public project. Using the I.ll.A. is a poor disguise - a tiny fig leaf that doesn't begin to cover the subterfuge the Board of Supervisors is trying to perpetrate upon the public. Citizens in a participatory democracy expect their elected representatives to be straightforward, and to protect their right to vote on County financial obligations that will affect their future. WE INSIST THAT THE BOARD OF SUPERVISORS IiONOR OUR RIGIIT TO VOTE ON THIS BOND! 11~IIIIIIIIIII~IIIIIIilllllilllllllllllllllllilll111111111111111111111111111111111111111111111111111111111111111111111111111111111~ _ _ __ _ _ _ ~ - i ~ - S-~~ ~ ~ AGENDA ITEM NO. - APPE _ _ _ CE REQUEST _ _ _ _ _ _ _ .~- __ PUBLIC HEARING ' ,ORDINANCE CITIZENS COMMENTS ~. ~ a ~ __ SUBJECT: .~„`:~. ~,~ ~~ - ~ ¢. , ~~_ a~ f ~'~~f' ~~::~~ 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 c FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED BELOW: ^ Each speaker will be given between three to five minutes to comment c whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speakin on an issue, and will enforce the rule unless instructed by the majority ot~the Board to do otherwise. _ ^ Speaker will be limited to a presentation 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 arecognized c 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 vnth the clerk. ^ INDIVIDUAL~~ SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH THE CLERK A UTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. PLEASE PRINT LEGIBLY AND G _ IVE TO THE CLERK _ NAME_~'~ ~~ vt ~. ~. ~ Y'~ox. ADDRESS ~ ~~ J ~, __ PHONE ~~~/ S~~~r~ Illllllllllllllilllllllilllllllillilllllllillllllllllllllllilllllllllllllllllillilllllllllllllllllllllllllllllllllllllllllllllllm 1U1111111111l~Illllllllllllillllllllillllllllllllllllllllllllllllllllllllllllllllllllllilllllllllllilllillllllillllllllllllllllll~ _ _ _ _ _ _ _ _ - ~_i - AGENDA ITEM N APPE CE REQUEST -_ _ _ PUBLIC HEARING ORDINANC E „CITIZENS COMMENTS _ _ - SUBJECT: ~~L~ ('t (~; t=~ ~ l' L~ ~%'!` % '~ ~~: ~>~s ~~7~ fit. '~ ~ ~' 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 c FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED BELOW: c c ^ Each speaker will be given between three to five minutes to comment c whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speakin 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 presentation 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. c - ^ Speakers are requested to leave any written statements and/or comments c vnth the clerk. ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP c SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP c ALLOWING THE INDIVIDUAL TO REPRESENT THEM. =_ PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK c i - -_ a ~C NAME ,_,.} ~ ,_..( ~r %:l' ~ : ~a __ ADDRESS /w~ ! ,~~ ,_~ 1.- ,F ~ ~y~ / 1 ,,~`_~ G PHONE ~ ~ ~" ° ~~ fLl ~ V"~~~~ ~ ;~ C,.~ i mllllllillllllllilllllillllliillilllllllllillllllllllllllllllllllllllllillilllllillllliliilllllllllllllllillillllllilllllllillll~ s-~ r To: Members of the Board of Supervisors From: Elmer Hodge, County Administrator ~~ ~~ Subject: Feasibility of Purchasing the Travelers Building Date: December 15, 1992 During the past week there regarding the acquisition of offices. Some people have transaction so the staff and you that the project is an County. have been a number of questions the Travelers Building for County questioned the feasibility of the have prepared this report to assure excellent opportunity for Roanoke Before we begin our presentation, we would like to share with you a short three minute video that illustrates the need for the new building. This video was prepared during one of our training sessions and focuses on the problems that citizens encounter with our current arrangement. You may recognize some of the stars from our own staff but rest assured they did this along with their other duties. Show Video Here This video really tells our story. The citizens of Roanoke County could be better served if we locate these offices in one building that is accessible to all County residents, including those in wheelchairs and those pushing baby strollers. FINANCIAL FEASIBILITY Now let me address the financial advantages of purchasing the Travelers Building. I will give you a brief summary and ask Diane Hyatt, our Director of Finance and Don Myers, Assistant County Administrator, to explain the details of the material that we are handing out. This material clearly shows that there is a financial ADVANTAGE to purchasing rather than leasing. For example, it shows: 1. The annual cost of leasing is $145, 000 the first year, with a 3~ adjustment for inflation annually, or $3.8 million over the twenty year period. 2. The annual cost of purchasing is $275, 000 each year or $5.5 million over the twenty year period. However, at the end of the twenty years, lease payments will continue indefinitely whereas the purchase payments do not. In addition, the County will own a building worth far more than the $1.9 million difference in the total payments. If we choose to lease the office space we will forego several significant benefits: 1. The $421,000 rental income that we will receive over the next two years from the existing leases in the Travelers Building. 2. The estimated $300,000-400,000 that we will receive from the sale of the Ogden property. 3. The opportunity to convert this building to the much needed recreation center as we have discussed. 4. The improved convenience for our citizens and staff by having the offices together. Mrs. Hyatt will now explain the details of our analysis. ABILITY TO PAY Of course these are difficult economic times but Roanoke County has prepared well for these times and for this opportunity. We have one of the lowest debt levels in the State. Our operating balances and ratios are very favorable and we enjoy a Aa bond rating, one of the highest that can be obtained. Also here to address the financial strength of the County is Mr. Jim Johnson of Wheat First Securities. Specifically, how do we pay for the purchase of the new building. The same way we would pay for the increased leases, primarily through the avoidance of rent and the retiring of debt that was issued twenty years ago. In addition, The $421,000 rental income and the proceeds from the sale of property will offset much of the cost during the first few years. THE LACK OF A VOTER REFERENDUM There have been expressions of concern that this was not approved in a referendum. The use of lease purchases is a well accepted method of financing and is used by localities throughout the nation. The State of Virginia permits localities to use general obligation bonds, revenue bonds, leases, lease-purchases, literary loans and Virginia Public School Authority bonds to fund projects. Only one of these, the general obligation bond, requires a voter referendum. In this case, we became aware of the opportunity AFTER we had finalized the arrangements for the last bond issue. We were faced with the choice of holding a special referendum at a cost of about $30,000 or proceeding with one of the other financing alternatives. Please remember, this building was especially attractive because of the price. Mrs. Hyatt has just informed you that the assessed value of the property is $3.4 million and we are able to purchase it for only $2.4 million because it is a distressed sale. The seller is a financial institution in Texas. They have no interest in managing the property or taking a long time to sell it. They e simply want to get out of it the remaining balance on the loan. WHY THIS BUILDING Some have questioned why we would want to move to THIS building. Let me retrace the steps leading to our recommendation. The County first looked at the Travelers Building five years ago because of the need for additional space. At that time we did not buy the building because the owner wanted more than $4 million and we thought the County may want to build instead. A few months ago, after plans had been finalized for the recent bond referendum, we met with the owner of the adjacent Unisys Building because we learned that it might be on the market. When we did, we found that the Travelers Building might soon be on the market also. Mr. Johnson advised all of us that his company was involved in the management of the Travelers Building and had been for two years. We chose to proceed anyway because of the attractive price and opportunity to house the administrative offices under one roof. In doing so, we also discussed office space with at least five other property owners. This one has the best combination of location, price and suitability. CONCLUSION We have maintained throughout our discussion of this issue that it is an excellent opportunity for the County. We still do and ask that you approve the project without delay. There are a number of occupants of the Travelers Building who need to know whether or not to renew their leases . We will be glad to answer any questions that you may have now or after the citizens speak. l Background In recent years several studies, both internal and external, have addressed space needs for the County and the Schools. The Blue Ribbon Commission, appointed in July, 1987, recommended that the County build a central administration facility in the very near future. Internal studies in 1987 and 1988 also identified a serious need for more space and improved facilities. Our most recent study, conducted by Jones & Jones Associates, identified the need for an additional 10,000 square feet. Office areas at the Administration Building were found to be extremely crowded and in some cases poorly situated for efficiency in dealing with the public and with each other. Such conditions not only inhibit efficiency and effectiveness, but also have a negative impact on employee morale. As you know, several alternatives for addressing these needs were identified, developed, evaluated from a financial standpoint, and discussed at length. Of those evaluated, the project we are recommending seems to best meet the total needs. The elements of this move involve the following: o Movinq those offices currently located in the County Administration Center and those currently located in the Brambleton Corporate Center, along with the Registrar to the Traveler's Building. o Converting this building into a Recreation Center. Although some refurbishment of the building would be required, it would make an excellent facility for this purpose and funds were included for this in the proposal. This segment of the plan would involve the following components: - Moving the Ogden Senior Citizen's Center to this building. - Using the community room here as a multi-purpose room, including a gymnasium. - It may be possible to move the Recreation Department Staff to this building which would help them in coordinating activities. - Selling the Ogden Center and possibly other properties. Summary of Project Benefits: o The project provides for a consolidation and an improvement in recreational facilities. o It frees up County property to be sold. o This building could still be used as a voting precinct. o It alleviates our crowded conditions. o It puts the County Administrative offices under one roof and provides for greatly improved working conditions for the Staff with the consequent improvement in service to the citizens. o It eliminates all office rental expense except for Health Services in Vinton. County of Roanoke, Virginia Board of Supervisors Meeting December 15, 1992 Justification for the Purchase of New Office Building In addition to the improvements in County efficiency, better service for the County citizens, and better working conditions for the County staff, the purchase of the building is a sound business decision. A review of the financial data indicates that the County is practicing the same long-range planning strategy that is used in private industry. With the investment of an additional $1,988,098, the County will own an asset worth $3,480,000. The County will be financing the purchase of the building with aLease/Lease-Back arrangement t'~rough the Roanoke County Industrial Development Authority (IDA). The IDA approved the necessary resolution to arrange the financing at their meeting on December 14, 1992. In this arrangement, the County will buy the building, lease it to the IDA, and lease it back over a period of 20 years. The County will be the owner of the building during the time of the lease as well as at the completion of the lease. The proposed capital expenses that are outlined in the Board report relate to the purchase of the building ($2,400,000), remodeling of the new building ($420,000), renovations to other County buildings ($900,000), issuance costs ($100,000), and a debt service reserve ($500,000). The renovations to other County buildings are specifically for the renovation of the school board administration building and annex building, so that once these buildings are vacated, the County social services and health departments can be removed from rented space and housed in County-owned property. The debt service reserve amount is included to be on the conservative side while we are in the planning stages of the financing. We will attempt to structure the financing without a debt service reserve to keep the expenses down. Preliminary indications are that strong support for the financing will decrease the need for a debt service reserve fund. The capital costs that relate to the purchase of the building are the purchase price, remodeling expense, and issuance costs. These costs total $2,920,000. For planning purposes, we are amortizing this cost over 20 years at 7%. The attached schedule shows that the total debt service over the next 20 years is $5,512,551. This amount is impacted by the rental expense that the County would have incurred of $3,792,620, the lost real estate tax revenues from the new building of $1,089,405, rental revenues from the existing tenants in the building of $421,238 and $400,000 from the sale of other County property. Taking into account all of t:iese factors, in twenty years, for a net cost of $1,988,098, the County will own land and buildings worth at least $3,480,000, based upon the current assessment. In addition, at that time, the County will occupy rent-free and debt-free office space. The County has been presented with an opportunity to take advantage of purchasing a much needed facility at a below market price. In addition, the County can take advantage of interest rates that are still historically low. These factors make the purchase of the building a sound financial decision for the long-term administration of County government. JUSTIFICATION FOR THE PURCHASE OF NEW OFFICE BUILDING DECEMBER 15, 1992 I. Payout on the new building: Purchase Price (Assessed Value - $3.48 Million) $2,400,000 Remodeling expense 4_ 20.000 2,820,000 Bond Issuance Cost 1 0 0 2 920 000 II. Net cost of purchasing new building: 1st Year 20 Year 1993-94 Total Debt Service (20 years at 7%) $275,627 $5,512 551 Avoidance of Rental Expense (3% annual inflation) , Current rented space (43,295) (1,163,354) Additional 10,000 square feet needed (97,850) (2,629,266) Lost real estate tax revenue (3% annual inflation) 40,543 1,089 405 Sale of County real estate , (400,000) Rental income from current tenants 4212 8 Net cost of purchasing new building 175 025 1 988 098 III. Future Value of New Building 20 years: 3 480 000 -~ $~CGv/J~ ~6~0//~ O r 062 V ~ ,/~hNCr""_ S; ,~`~ Don and I spent one year of our lives, along with many other hard-working peoples to defeat consolidation- to keep Roanoke County a good place to live. we did not expect this administration to not be forthright with the citizens. we did not expect our citizens not to have a right to give their opinions without being harrassed! Ordinances should be stated chapter and verse in the press in language everyone can understand. Then the citizens can tell their Supervisors how they think all issues should be voted. This ,s democracy at work! I request that the County hoard of Supervisors and the Administration see that the citizens are all well informed- pro and con- on every issue well in advance of when it comes to a vote. ~ s '~ December 1992 T OF ROANp,Y~ ti~ Z ~ - `g? J a 1$ E50 88 - SFSQUICENTENN~P~ A Beauti~ulBeginning PAUL M. MAHONEY COUNTY ATTORNEY C~aixnt~ of ~nttnnk~e OFFICE OF THE COUNTY ATTORNEY 11 December 1992 Chairman and Members Roanoke County Board of Supervisors Re: Remedial Design/Remedial Action Consent Decree Dixie Caverns Landfill Superfund Site Dear Chairman and Members: ALL-AMERICA CITY 1I~~~1 1979 1989 JOSEPH B. OBENSHAIN SENIOR ASSISTANT COUNTY ATTORNEY VICKIE L. HUFFMAN ASSISTANT COUNTY ATTORNEY Attached you will find for your reading pleasure a copy of a letter dated December 9, 1992, from Laura M. Bulato, Assistant Regional Counsel for the U.S. EPA. This letter informs us that EPA is submitting to us for our review and signature the Remedial Design/Remedial Action Consent Decree for Operable Unite No. 1 of the Dixie Caverns Landfill Site. EPA requests that the appropriate County official sign this Consent Decree and return it to EPA by December 21, 1992. Over the past year, Bill Rosbe (attorney for Roanoke Electric Steel) and I have been attempting to negotiate the terms and provisions of the Model Consent Decree with EPA. In general our efforts have been unsuccessful in that the EPA representatives informed us that many of the boiler-plate provisions are "sacred cows" and cannot be changed. The provisions of the Consent Decree are so onerous and one-sided that I would not recommend your consideration and approval of this document, but for EPA's willingness to consider, once again, the possible use of RES's trade-secret process for treating the flyash at this site. This promise to consider on-site stabilization and disposal Tis found in XI, P rfoe m-ance of the work by settling defendants," G 1 and 2, pages 24 through 27. In Section XI the County agrees to finance and perform the cleanup work described in the Record of Decision (ROD) issued last year. The ROD decided that the high temperature metals rP TMR) urocess was to be used to cleanup this site. Section V, A and B describe the objectives of the parties and the commitments by the Cou_ my (see pages 11 and 12). P.O. BOX 29800 ROANOKE COUNTY. VIRGINIA 24018-0798 (703) 772-2007 Page Two 11 December 1992 Section XVII (page 52) provides that the County shall reimburse EPA for its past response costs in the amount of $1,279,238.85. As you can see from the first paragraph of Ms. Bulato's letter to me, we have been attempting to secure additional detail for these response costs in order to a orate them among t e of er parties in the litigation we have Wending in federal district court. Finally, you may want to note Section XXI which imposes stipulated penalties on us if we do not comply with the directives of EPA. I advised Ms. Bulato that although the Board is meeting on December 15, 1992, the Board may not be able to address this issue until its January 12, 1992, meeting. Ms. Bulato has raised the threat of a unilateral order if the Coun RES fails to execute this decree before the end of December o 1992. I had hoped to delay consideration o the Consent Decree until we had an opporturuty to secure reimbursement from the other potentially responsible parties. We are meeting with the PRP's to discuss the reimbursement of costs issue on December 17, 1992. I would request that the Board be prepared to discuss this matter on December 15, 1992. Very truly yours, ~.u. Paul M. Mahoney County Attorney PMM/spb ~ ~~ ~~ D E C ~ p 1992 ~,~f° °r+~~ UNITED STATES ENVIRONMENTAL PROTECbTION AGENCY ~^' A ~ REGION III ~ ~~ w ~~~~~ < 841 Chestnut Building ----------------------__---- ~'`J,~,R°<~°`~ Philadelphia, Pennsylvania 19107 Office of Regional Counsel Direct Dial (215) 597-8448 Laura M. Bulatao Mail Code 3RC31 VIA FEDERAL EXPRESS Dt~ ~ e `~q Paul M. Mahoney, Esq. County Attorney County of Roanoke 3738 Brambleton Ave., S.W. P.O. Box 29800 Roanoke, Virginia 24018-0798 Re: CERCLA Remedial Design/Remedial Action Consent Decree Dixie Caverns Landfill Superfund Site Roanoke County, Virginia Dear Mr. Mahoney: The U.S. Environmental Protection Agency ("EPA") has evaluated your request for cost documentation that will assist the County of Roanoke in allocating costs among the parties to its contribution action related to the Dixie Caverns Landfill Superfund Site ("Site"). EPA anticipates that within approximately three months, EPA will provide you with all monthly contractor progress reports and monthly contractor invoices that EPA has on file and that support EPA's cost summaries for the Site dated September 21, 1992, except for any confidential business information contained within the documents. EPA hopes that this documentation will assist the Coun y in sits cost allocation efforts, but cannot, assure you that the documentation will provide all of the specific information that the County desires. Enclosed for your review and for signature by the appropriate County official is the CERCLA Remedial Design/Remedial Action Consent Decree ("Consent Decree") for Operable Unit 1 of the Site. To assist you in your review of the document, I have also enclosed a copy of the Consent Decree in which I have attempted to redline all additions to and strike out all deletions from the draft Consent Decree dated June 19, 1992 and sent to you on June 24, 1992. Attachments A through C to the Consent Decree will be sent to you under separate cover. Please review the Consent Decree, obtain signature on it, and return it to me by December 21, 1992 for EPA's signature. In the event that the potentially responsible parties do not sign and return the Consent Decree to me by December 21, EPA is prepared to issue a unilateral administrative order for remedial 1 design/remedial action of Operable Unit 1 of the Site. J I look forward to receiving the signed Consent Decree from you. If you have any questions regarding this letter or the Consent Decree, you may contact me at the telephone number listed above. S'ncerely /f~ %~'~~ Laura M. Bulatao Assistant Regional Counsel Enclosures cc w/redlined version of Consent Decree: Melissa J. Whittington, EPA Region III Robert Dresdner, EPA Office of Enforcement William Hutchins, U.S. Department of Justice Paul Spaulding, Virginia Department of Waste Management ti ~1, IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION UNITED STATES OF AMERICA Plaintiffs, v. COUNTY OF ROANOKE and ROANOKE ELECTRIC STEEL CORPORATION Defendants. CIVIL ACTION NO. CERCLA REMEDIAL DESIGN/REMEDIAL ACTION CONSENT DECREE XXIII. COVENANTS BY SETTLING DEFENDANTS 73 XXIV. EFFECT OF SETTLEMENT; CONTRIBUTION PROTECTION 74 XXV. ACCESS TO INFORMATION 75 XXVI. RETENTION OF RECORDS 77 XXVII. NOTICES AND SUBMISSIONS 79 XXVIII. EFFECTIVE DATE 80 XXIX. RETENTION OF JURISDICTION 80 XXX. APPENDICES 80 XXXI. COMMUNITY RELATIONS 81 XXXII. MODIFICATION 81 XXXIII. LODGING AND OPPORTUNITY FOR PUBLIC COMMENT 82 XXXIV. SIGNATORIES/SERVICE 82 RECORD OF DECISION. Appendix A COST SUMMARIES DATED SEPTEMBER 21, 1992. .Appendix B MAP OF THE SITE. .Appendix C REQUIREMENTS FOR DOCUMENTATION SUBMITTED PURSUANT TO PARAGRAPH VI.G.1. Appendix D -ii- Dixie Caverns Landfill Superfund Site 2 Civil Action No. National Oil and Hazardous Substances Pollution Contingency Plan, 40 C.F.R. Part 300 (as amended) ("NCP"); (3) a declaration of Defendants' liability for further response costs; and (4) such other relief as the Court finds appropriate. C. In accordance with the NCP and Section 121(f)(1)(F) of CERCLA, 42 U.S.C. § 9621(f)(1)(F), EPA notified the Commonwealth of Virginia (the "Commonwealth") on November 8, 1991 of negotiations with potentially responsible parties regarding the implementation of the remedial design and remedial action for the Site, and EPA has provided the Commonwealth with an opportunity to participate in such negotiations and be a party to this settlement. D. In accordance with Section 122(j)(1) of CERCLA, 42 U.S.C. § 9622(j)(1), EPA notified the U.S. Department of the Interior on May 20, 1992 and the U.S. National Oceanic and Atmospheric Administration on September 21, 1992 of negotiations with potentially responsible parties regarding the release of hazardous substances that may have resulted in injury to the natural resources under Federal trusteeship and encouraged the trustee to participate in the negotiation of this Consent Decree. E. The Defendants who have entered into this Consent Decree ("Settling Defendants") do not admit any liability to the Plaintiff arising out of the transactions or occurrences alleged in the complaint. F. In response to a release or a substantial threat of a release of hazardous substances at or from the Site, EPA Dixie Caverns Landfill Superfund Site 4 Civil Action No. accordance with Section 117(b) of CERCLA, 42 U.S.C. § 9617(b). This ROD addresses Operable Unit 1. In a ROD executed on September 28, 1992, EPA addressed another portion of work designated as Operable Unit 2 and determined that no response action was necessary for Operable Unit 2. K. Based on the information presently available to EPA, EPA believes that the Work (as defined below) will be properly and promptly conducted by the Settling Defendants. L. The Remedial Action selected in the ROD and the Work to be performed by the Settling Defendants shall constitute a response action taken or ordered by the President solely for the purposes of Section 113 (j) of CERCLA, 42 U.S.C. § 9613(j). M. The Parties recognize, and the Court by entering this Consent Decree finds, that implementation of this Consent Decree will expedite the cleanup of the Site and will avoid prolonged and complicated litigation between the Parties, and that this Consent Decree is fair, reasonable, and in the public interest. NOW, THEREFORE, it is hereby Ordered, Adjudged, and Decreed: II. JURISDICTION A. This Court has jurisdiction over the subject matter of this action pursuant to 28 U.S.C. §§ 1331 and 1345, and 42 U.S.C. §§ 9606, 9607, and 9613(b). This Court also has personal jurisdiction over the Settling Defendants. Solely for the purposes of this Consent Decree and the underlying complaint, Settling Defendants waive all objections and defenses that they Dixie Caverns Landfill Superfund Site 6 Civil Action No. undertaken pursuant to this Consent Decree, each contractor and subcontractor shall be deemed to be in a contractual relationship with the Settling Defendants within the meaning of Section 107(b)(3) of CERCLA, 42 U.S.C. § 9607(b)(3). IV. DEFINITIONS A. Unless otherwise expressly provided herein, terms used in this Consent Decree which are defined in CERCLA or in regulations promulgated under CERCLA shall have the meaning assigned to them in CERCLA or in such regulations. Whenever terms listed below are used in this Consent Decree or in the appendices attached hereto and incorporated hereunder, the following definitions shall apply: 1. "CERCLA" shall mean the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. §§ 9601 et sec. 2. "Commonwealth" shall mean the Commonwealth of Virginia. 3. "Consent Decree" shall mean this Decree and all appendices attached hereto. In the event of conflict between this Decree and any appendix, this Decree shall control. 4. "Day" shall mean a calendar day unless expressly stated to be a working day. "Working day" shall mean a day other than a Saturday, Sunday, or Federal holiday. In computing any period of time under this Consent Decree, where the last day would fall on a Saturday, Sunday, or Federal holiday, the period shall run until the close of business of the next working day. Dixie Caverns Landfill Superfund Site g Civil Action No. date of payment of the Past Response Costs. This definition of Future Response Costs shall not include costs for any response action or Operable Unit not addressed by this Consent Decree. 8. "National Contingency Plan" or "NCP" shall mean the National Oil and Hazardous Substances Pollution Contingency Plan promulgated pursuant to Section 105 of CERCLA, 42 U.S.C. § 9605, codified at 40 C.F.R. Part 300, including, but not limited to, any amendments thereto. 9. "Operable Unit" shall mean that portion of Site remediation work specified in a Record of Decision issued pursuant to Section 104 of CERCLA, 42 U.S.C. § 9604 and defined in 40 C.F.R. § 300.5. 10. "Operable Unit 1" shall mean the flyash pile described in the Record of Decision signed on September 30, 1991 and attached hereto as Appendix A. 11. "Operation and Maintenance" or "O & M" shall mean all activities required to maintain the effectiveness of the Remedial Action as required under the Operation and Maintenance Plan approved or developed by EPA pursuant to this Consent Decree. 12. "Paragraph" shall mean a portion of this Consent Decree identified by an arabic numeral or an upper case letter. 13. "Parties" shall mean the United States and the Settling Defendants. 14. "Past Response Costs" shall mean all costs, including, but not limited to, indirect costs, that the United States incurred with regard to the Site and that are set forth in the Dixie Caverns Landfill Superfund Site 10 Civil Action No. by the Settling Defendants to implement both the ROD and the final plans and specifications submitted by the Settling Defendants pursuant to the Remedial Design Work Plan and approved by EPA. 20. "Remedial Action Work Plan" shall mean a plan for Remedial Action, including a schedule for implementation of Remedial Action, submitted by Settling Defendants and approved by EPA pursuant to Section VI.B of this Consent Decree. 21. "Remedial Design" shall mean those activities to be undertaken by the Settling Defendants pursuant to the Remedial Design Work Plan to develop the final plans and specifications for the Remedial Action as specified in the ROD. 22. "Remedial Design Work Plan" shall mean a plan for Remedial Design, including a schedule for remedial design work, submitted by the Settling Defendants and approved by EPA pursuant to Section VI.B of this Consent Decree. 23. "Section" shall mean a portion of this Consent Decree identified by a roman numeral. 24. "Settling Defendants" shall mean the County of Roanoke (Owner Settling Defendant) and Roanoke Electric Steel Corporation (Non-Owner Settling Defendant). 25. "Site" shall mean the Dixie Caverns Landfill Superfund Site, encompassing approximately 27 acres, located along State Route 778 approximately one mile west of Exit 39 on Interstate 81 in Roanoke County, Virginia and depicted more particularly on the map attached as Appendix C. Dixie Caverns Landfill Superfund Site 12 Civil Action No. Operation & Maintenance at the Site by the Settling Defendants and to reimburse response costs of the Plaintiff. B. Commitments by Settling Defendants 1. Settling Defendants shall finance and perform the Work in accordance with CERCLA, the NCP and this Consent Decree, including, but not limited to, the Performance Standards set forth on pages 24-25 of Appendix A, the ROD, and all standards, specifications, and schedules set forth in or developed pursuant to this Consent Decree. Settling Defendants shall also reimburse the United States for Past Response Costs and Future Response Costs as provided in this Consent Decree. 2. The obligations of Settling Defendants to finance and perform the Work and to pay amounts owed the United States under this Consent Decree are joint and several. In the event of the failure of any one or more Settling Defendants to implement the requirements of this Consent Decree, the remaining Settling Defendants shall complete all such requirements. C. Compliance With Applicable Law All activities undertaken by Settling Defendants pursuant to this Consent Decree shall be performed in accordance with the requirements of all applicable federal and state laws and regulations. Settling Defendants must also comply with all applicable or relevant and. appropriate requirements of all federal and state environmental laws as set forth in the ROD attached hereto as Appendix A. The United States has determined that the activities conducted pursuant to this Consent Decree, if Dixie Caverns Landfill Superfund Site 14 Civil Action No. this Consent Decree with the Circuit Court Clerk's Office, Roanoke County, Commonwealth of Virginia. Thereafter, each deed, title, or other instrument of conveyance for property included in the Site shall contain a notice stating that the property is subject to this Consent Decree and any lien held by the United States pursuant to Section 107(1) of CERCLA, 42 U.S.C. § 9607(1) and shall reference the recorded location of the Consent Decree and any restrictions applicable to the property under this Consent Decree. 2. The obligations of the County of Roanoke with respect to the provision of access under Section X (Access) shall be binding upon the County of Roanoke and any and all persons who subsequently acquire any such interest (hereinafter "Successors- in-Title"). Within 15 days after the entry of this Consent Decree, the County of Roanoke shall record at the Circuit Court Clerk's Office, Roanoke County, Commonwealth of Virginia, a notice of obligation to provide access under Section X (Access) and related covenants. Each subsequent instrument conveying an interest to any such property included in the Site shall reference the recorded location of such notice and covenants applicable to the property. 3. The County of Roanoke and any Successor-in-Title shall, at least thirty days prior to the conveyance of any such interest give written notice of this Consent Decree to the grantee and written notice to EPA of the proposed conveyance, including the name and address of the grantee, and the date on which notice of Dixie Caverns Landfill Superfund Site 16 Civil Action No. Supervising Contractor, Settling Defendants propose to change a Supervising Contractor, Settling Defendants shall give such notice to EPA and shall obtain acceptance from EPA, after a reasonable opportunity for review and comment by the Commonwealth, before the new Supervising Contractor performs, directs, or supervises any Work under this Consent Decree. 2. EPA will notify Settling Defendants in writing of its acceptance or disapproval of a proposed Supervising Contractor. If EPA disapproves of the selection of any contractor as Supervising Contractor, Settling Defendants shall submit to EPA the names of at least three contractors, including the qualifications of each contractor, that would be acceptable to them within 30 days of receipt of EPA's disapproval of the contractor previously selected. EPA will provide written notice of the names of the contractor(s) that it accepts. Settling Defendants may select any accepted contractor from that list and shall notify EPA of the name of the contractor selected within 21 days of EPA's designation of accepted contractors. 3. After the Remedial Design Work Plan or Remedial Action Work Plan is approved and prior to commencement of any Work thereunder, the Settling Defendants shall submit to EPA for acceptance the names and qualifications of any additional contractors and subcontractors, including the name(s) and qualifications of the individual(s) or entities responsible for completion of Remedial Design submittals (the "Remedial Design Professional"). Settling Defendants shall notify EPA of the date Dixie Caverns Landfill Superfund Site 18 Civil Action No. contractor or subcontractor. If at any time during the pendency of this Consent Decree a decision is made by Settling Defendants to retain a substitute additional contractor or subcontractor, selection of the substitute shall be governed by the provisions of this Paragraph. If EPA fails to provide notice of its acceptance or disapproval of any additional contractor or subcontractor as provided in this Paragraph and this failure prevents the Settling Defendants from meeting one or more deadlines in a plan approved by EPA pursuant to this Consent Decree, Settling Defendants may seek relief under the provisions of Section XIX (Force Majeure) of this Consent Decree. B. Remedial Design/Remedial Action 1. Within 28 days after the lodging of this Consent Decree, the Settling Defendants shall submit to EPA for approval a work plan for the design of the Remedial Action at the Site ("Remedial Design Work Plan") and shall submit the Quality Assurance Project Plan (QAPjP, as described in Section IX), prepared in accordance with Section IX. The Remedial Design Work Plan shall provide for the design of the remedy as set forth in pages 24-25 of Appendix A and, upon its approval by EPA, shall be enforceable under this Consent Decree. Within 14 days after the effective date of this Consent Decree, the Settling Defendants shall submit to EPA a Health and Safety Plan for field design activities which conforms to the applicable Occupational Safety and Health Administration and EPA requirements including, but not limited to, 29 C.F.R. § 1910.120. Dixie Caverns Landfill Superfund Site 2 p Civil Action No. (1) design criteria; (2) results of treatability studies; (3) results of additional field sampling; (4) project delivery strategy; (5) preliminary plans, drawings and sketches; (6) required specifications in outline form; and (7) preliminary construction schedule. 5. The pre-final and final design submittals required under Paragraph B.2, above, shall each include, at a minimum, the following plans, as well as expeditious schedules and specific methodologies for implementation of these plans: (1) final designs and specifications for the Remedial Action; (2) Operation and Maintenance Plan; (3) a Remedial Action Construction Plan; (4) a Remedial Action Construction Quality Assurance Plan (CQAP); (5) Field Sampling Plan (directed at measuring progress towards meeting Performance Standards); (6) complete specifications for preparation of a Health and Safety Plan for field activities required by the pre-final/final design; (7) complete specifications for preparation of procedures and plans for the decontamination of equipment and disposal of contaminated materials (the "Decontamination Plan"); (8) a Remedial Action Permitting Requirements Plan and (9) a Remedial Action Contingency Plan. Settling Defendants shall ensure that specifications required under item 6, above, as accepted by EPA and under item 7, above, as approved by EPA, are met by Settling Defendants' contractor(s) in preparing the Health and Safety Plan and the Decontamination Plan. The Decontamination Plan shall be submitted by Settling Defendants for approval, and the Health and Dixie Caverns Landfill Superfund Site 22 Civil Action No. Action Work Plan in accordance with the approved schedule for review and approval pursuant to Section XII (Submissions Requiring Agency Approval; Commonwealth Review and Comment). Unless otherwise directed by EPA or required under the Remedial Design Work Plan, the Settling Defendants shall not commence physical on-Site activities at the Site prior to the date for commencement set forth in the approved schedule in the Remedial Action Work Plan. C. The Work performed by the Settling Defendants pursuant to this Consent Decree shall, at a minimum, achieve the Performance Standards as set forth on pages 24-25 of Appendix A. D. Settling Defendants acknowledge and agree that nothing in this Consent Decree, the description of the Selected Remedy and Performance Standards on pages 24-25 of Appendix A, or the Remedial Design or Remedial Action Work Plans constitutes a warranty or representation of any kind by Plaintiff that compliance with the work requirements in the description of the Selected Remedy and Performance Standards on pages 24-25 of Appendix A and the Remedial Design and the Remedial Action Work Plans will achieve the Performance Standards as set forth in Appendix A. Such compliance shall not foreclose Plaintiff from seeking compliance with all terms and conditions of this Consent Decree, including, but not limited to, the applicable Performance Standards. E. Settling Defendants shall, prior to any off-Site shipment of Waste Material from the Site to an out-of-state waste Dixie Caverns Landfill Superfund Site 2 4 Civil Action No. will be determined by the Settling Defendants following the award of the contract for Remedial Action construction. The Settling Defendants shall provide the written notification required by this Section VI.E, including the information required by Paragraph E.1 as soon as practicable after the award of the contract, but in no case less that 14 days before the Waste Materials are actually shipped. F. In the event EPA determines, after a reasonable opportunity for review and comment by the Commonwealth, that Settling Defendants have failed to implement any provisions of the Work in an adequate or timely manner, EPA may perform any and all portions of the Work as EPA determines necessary. Settling Defendants may dispute EPA's determination that the Settling Defendants failed to implement a provision of the Work in an adequate or timely manner, only by invoking the procedures set forth in Section XX (Dispute Resolution). Such dispute shall be resolved on the administrative record pursuant to Section XX.D. Costs incurred by the United States in performing the Work pursuant to this Paragraph shall be considered Future Response Costs for the purposes of Section XVII (Reimbursement of Response Costs). G.1. Within 120 days after the lodaincr of thiG Consent Decree, the Settling Defendants may submit to EPA documentation that supports the on-site stabilization and disposal remedy suggested by the Settling Defendants and that contains all of the information described in Paragraph A of Appendix D. If EPA, Dixie Caverns Landfill Supertund Site 2 6 Civil Action No. cover. EPA's decisions regarding the accuracy and reliability of any documentation submitted pursuant to this Paragraph, the appropriateness of the remedy suggested by the Settling Defendants, and the proposal to amend the ROD shall not be subject to Section XX (Dispute Resolution) and shall not be subject to judicial rQView. The submission of any documentation by the Settling Defendants pursuant to this Paragraph shall in no way affect any obligations of the Settling Defendants required by this Consent Decree. G.2. If EPA proposes to amend the ROD as described in Paragraph G.1, Settling Defendants, after obtaining approval in writing from EPA, may suspend all RD/RA activities related to the remedy selected in the ROD dated September 30, 1991 that is attached hereto as Appendix A. If EPA proposes to amend the ROD as described in Paragraph G.1, EPA will proceed in accordance with all applicable provisions of the NCP, including the community relations procedures of 40 C.F.R. § 300.435(c)(2)(ii) and administrative record provisions of 40 C.F.R. §§ 300.810, 300.815 and 300.825. Upon completion of the appropriate proceedings and on the basis of the administrative record as supplemented in such proceedings, EPA will issue a ROD amendment selecting the remedial alternative that best satisfies the requirements of CERCLA and the NCP. Such EPA decision shall be bi inrr nn~ ttling Defendants, shall not be subject to dispute resolution under Section XX, and shall not be otherwise subject __ to judicial review. If EPA amends the ROD to select a remedy Dixie Caverns Landfill Superfund Site 2 g Civil Action No. B. Within 30 days (or such longer time as may be specified by EPA) of receipt of notice from EPA pursuant to Paragraph A of this Section VII that additional response actions are necessary, Settling Defendants shall submit for approval by EPA, a work plan for the additional response actions. The plan shall conform to the applicable requirements of Section VI (Performance of the Work by Settling Defendants). Upon approval of the plan pursuant to Section XII (Submissions Requiring Agency Approval; Commonwealth Review and Comment), Settling Defendants shall implement the plan for additional response actions in accordance with the schedule contained therein. C. Any additional response actions that Settling Defendants propose are necessary to meet the Performance Standards or to carry out the remedy selected in the ROD shall be subject to approval by EPA, after a reasonable opportunity for review and comment by the Commonwealth, and, if authorized by EPA, shall be completed by Settling Defendants in accordance with plans, specifications, and schedules approved or established by EPA pursuant to Section XII (Submissions Requiring Agency Approval; Commonwealth Review and Comment). D. If required by Sections 113(k)(2) or 117 of CERCLA, 42 U.S.C. §§ 9613(k)(2) or 9617, or the NCP, Settling Defendants and the public will be provided with an opportunity to comment on any additional response actions proposed pursuant to this Section VII.B or C and to submit written comments for the record during the public comment period. After the period for submission of Dixie Caverns Landfill Superfund Site 3 0 Civil Action No. further response actions are appropriate. C. If the Regional Administrator, EPA Region III, or his/her delegate, after a reasonable opportunity for review and comment by the Commonwealth, determines that information received, in whole or in part, during the review conducted pursuant to Section 121(c) of CERCLA, indicates that the Remedial Action is not protective of human health and the environment, the Settling Defendants shall undertake any further response actions EPA has determined are appropriate. However, the Settling Defendants may invoke the procedures set forth in Section XX (Dispute Resolution) to dispute (1) EPA's determination that the Remedial Action is not protective of human health and the environment, or (2) EPA's selection of the further response actions ordered as arbitrary and capricious or otherwise not in accordance with law. Such a dispute shall be resolved pursuant to Section XX.B through D of this Consent Decree. D. Within sixty days after notice of EPA's determination that further response actions are necessary or resolution of any dispute pursuant to Paragraph C of this Section VIII, whichever is later, Settling Defendants shall submit plans for design and implementation of any further response actions they are required to perform in accordance with the applicable procedures set forth in Sections VI (Performance of the Work by Settling Defendants) and XII (Submissions Requiring Agency Approval; Commonwealth Review and Comment) and, upon approval of such plans by EPA, shall complete the further response action in accordance with Dixie Caverns Landfill Superfund Site 3 2 Civil Action No. 1. Submit to the EPA Remedial Project Manager the selected laboratory's(ies') Quality Assurance Program Plan (QAPP) and their qualifications, which shall include, at a minimum, previous certifications, Performance Evaluation (PE) results, equipment lists and personnel resumes. The SAP must state that all protocols described therein take precedence over protocols listed in the Laboratory QAPP. 2. Ensure that EPA personnel and/or its authorized representatives are allowed reasonable access to the laboratory(ies), records and personnel utilized by the Settling Defendants in implementing this Consent Decree. 3. Prepare a SAP, consisting of a Quality Assurance Project Plan (QAPjP) and a Field Sampling Plan (FSP), for sample collection, transportation, analysis, validation and reporting to be conducted pursuant to this Consent Decree. The SAP shall be submitted as part of the Remedial Design Work Plan to the EPA Remedial Project Manager for review and approval prior to commencing sampling and analysis. Each plan shall specify, for the phase of activity addressed, the data quality objectives (DQOs), sample collection and transportation procedures, data analysis methods, data reduction, data review, and reporting procedures. Selection of analytical methods shall be justified in conjunction with the DQOs. The guidelines referenced in Paragraph (A), above, shall be followed in the preparation of the SAP; additional guidance may be provided by EPA when applicable and/or requested by the Settling Defendants. Dixie Caverns Landfill Superfund Site 3 4 Civil Action No. samples collected pursuant to this Consent Decree. The lab audit shall be conducted according to procedures available from the EPA Environmental Services Division Quality Assurance Branch (QA Branch). Audit reports shall be submitted to the EPA Remedial Project Manager within fifteen (15) days of completion of the audit. The Settling Defendants shall report serious deficiencies, including all those which adversely impact data quality, reliability or accuracy, and take action to correct such deficiencies within twenty-four (24) hours of the time the Settling Defendants know or should have known of the deficiency. 7. Conduct at least one field audit (to be described in the QAPjP) during initial sampling activities to verify that field samplers are correctly following sampling procedures described in the SAP. A report of the field audit shall be submitted to the EPA Remedial Project Manager within fifteen (15) days of completion of the audit. Settling Defendants shall report the scope of the audit and the deficiencies noted, and take action to correct such deficiencies within twenty-four (24) hours of the time the Settling Defendants know or should have known of the deficiency. EPA shall have the option to audit any stage of the field activities. 8. Provide data validation of analyses completed by the laboratory(ies), to determine data usability. If the data is derived by CLP methods, the data validation shall be performed in accordance with the most recent National Functional Guidelines for Data Review and Region III Modifications (available from the Dixie Caverns Landfill Superfund Site 3 6 Civil Action No. gathering, inspection and enforcement authorities and rights under CERCLA, RCRA and any other applicable statute or regulation. x. AccESs A. Commencing upon the date of lodging of this Consent Decree, and to the extent the property is owned or access to the property is controlled by Settling Defendants, the Settling Defendants agree that the United States, the Commonwealth, and their representatives, including EPA and its contractors, shall have access at all times to the Site and any other property to which access is required for the implementation of this Consent Decree, for the purposes of conducting any activity related to this Consent Decree including, but not limited to: 1. Monitoring the Work; 2. Verifying any data or information submitted to the United States; 3. Conducting investigations relating to contamination at or near the Site; 4. Obtaining samples; 5. Assessing the need for, planning, or implementing additional response actions at or near the Site; 6. Inspecting and copying records, operating logs, contracts, or other documents maintained or generated by Settling Defendants or their agents consistent with Section XXV (Access to Information); and Dixie Caverns Landfill Superfund Site 3 g Civil Action No. authorities and rights, including enforcement authorities related thereto, under CERCLA, RCRA and any other applicable statute or regulations. XI. REPORTING REQUIREMENTS A. In addition to any other requirement of this Consent Decree, Settling Defendants shall submit to EPA five (5) copies and to the Commonwealth three (3) copies of a written monthly progress report that: (1) describes the actions which have been taken toward achieving compliance with this Consent Decree during the previous month; (2) includes all results of sampling and tests and all other data received or generated by Settling Defendants or their contractors or agents in the previous month; (3) identifies all work plans, plans and other deliverables required by this Consent Decree completed and submitted during the previous month; (4) describes all actions, including, but not limited to, data collection and implementation of work plans, which are scheduled for the next month and provide other information relating to the progress of construction, including, but not limited to, critical path diagrams, Gantt charts and Pert charts; (5) includes information regarding percentage of completion, unresolved delays encountered or anticipated that may affect the future schedule for implementation of the Work, and a description of efforts made to mitigate those delays or anticipated delays; (6) includes any modifications to the work plans or other schedules that Settling Defendants have proposed Dixie Caverns Landfill Superfund Site 4 0 Civil Action No. U.S.C. § 11004, Settling Defendants shall, within 24 hours of the onset of such event, orally notify the EPA Remedial Project Manager or Section Chief, Virginia/West Virginia Superfund Remedial Section (in the event of the unavailability of the EPA Remedial Project Manager), or, in the event that neither the EPA Remedial Project Manager or Section Chief is available, the EPA Region III hotline at (215) 597-9898. Within 20 days of the onset of such an event, Settling Defendants shall furnish to EPA and the Commonwealth a written report, signed by the Settling Defendants' Project Coordinator, setting forth the events which occurred and the measures taken, and to be taken, in response thereto. Within 30 days of the conclusion of such an event, Settling Defendants shall submit a report setting forth all actions taken in response thereto. D. Except as otherwise provided in this Consent Decree, Settling Defendants shall submit five (5) copies of all plans, reports, and data required by the Remedial Design Work Plan, the Remedial Action Work Plan, or any other approved plans to EPA in accordance with the schedules set forth in such plans. Settling Defendants shall simultaneously submit one (1) copy of all such plans, reports and data to the Commonwealth. E. Plans, design documents, proposals, reports or other documents shall be signed by a Duly Authorized Representative of each of the Settling Defendants certifying the information as follows: "I certify under penalty of law that this document and all Dixie Caverns Landfill Superfund Site 4 2 Civil Action No. any action required by the plan, report, or other item, as approved or modified by EPA subject only to their right to invoke the Dispute Resolution procedures set forth in Section XX (Dispute Resolution) with respect to the modifications or conditions made by EPA. C. Upon receipt of a notice of disapproval or a notice requiring a modification, Settling Defendants shall, within 14 days or such other time as specified by EPA in such notice, correct the deficiencies and resubmit the plan, report, or other item for approval. Notwithstanding the notice of disapproval or a notice requiring a modification, Settling Defendants shall proceed, at the direction of EPA, to take any action required by any non-deficient portion of the submission. D. In the event that a resubmitted plan, report or other item, or portion thereof, is disapproved by EPA, EPA may again require the Settling Defendants to correct the deficiencies, in accordance with the preceding Paragraphs. EPA also retains the right to amend or develop the plan, report or other item. Subject only to their right to invoke procedures set forth in Section XX (Dispute Resolution), Settling Defendants shall implement any such plan, report, or item as amended or developed by EPA. Implementation of any non-deficient portion of a submission shall not relieve Settling Defendants of any liability for stipulated penalties under Section XXI (Stipulated Penalties) for any violations of this Consent Decree relating to any deficient portion of the submission. Dixie Caverns Landfill Superfund Site Civil Action No. designated Project Coordinator. 44 EPA shall have the right to change its Remedial Project Manager and Settling Defendants shall have the right to change their Project Coordinator. Any such change shall be accomplished by notifying the other party, in writing, at least 5 working days before the change occurs, unless impracticable, but in no event later than the actual day the change is made. The Settling Defendants' Project Coordinator shall be subject to acceptance by EPA and shall have the technical expertise sufficient to adequately oversee all aspects of the Work. The Settling Defendants' Project Coordinator shall not be acting as an attorney for any of the Settling Defendants in this matter. He or she may assign other representatives, including other contractors, to serve as a Site representative for oversight of performance of daily operations during remedial activities. B. EPA and the Commonwealth may designate other representatives, including, but not limited to, EPA employees, and federal contractors and consultants, to observe and monitor the progress of any activity undertaken pursuant to this Consent Decree. The EPA Remedial Project Manager shall have the authority lawfully vested in a Remedial Project Manager by the NCP. In addition, the EPA Remedial Project Manager shall have authority, consistent with the NCP, to halt or redirect any Work required by this Consent Decree and to take any necessary response action when s/he determines that conditions at the Site may constitute an emergency situation or may present an immediate Dixie Caverns Landfill Superfund Site 4 6 Civil Action No. requirements of 40 C.F.R. § 264.143(f). If Settling Defendants seek to demonstrate their ability to complete the Work by means of the financial test or the corporate guarantee, they shall resubmit sworn statements conveying the information required by 40 C.F.R. § 264.143(f) annually, on the anniversary of the effective date of this Consent Decree. In the event that EPA, after a reasonable opportunity for review and comment by the Commonwealth, determines at any time that the financial assurances provided pursuant to this Paragraph are inadequate, Settling Defendants shall, within 30 days of receipt of notice of EPA's determination, obtain and present to EPA for approval one of the other forms of financial assurance listed in Paragraph A of this Section XIV. Settling Defendants' inability to demonstrate financial ability to complete the work shall not excuse performance of any activities required under this Consent Decree. XV. FINAL INSPECTION A. Completion of the Remedial Action 1. Within 30 days after Settling Defendants conclude that the Remedial Action has been fully performed and the Performance Standards have been attained, Settling Defendants shall provide written notice to the United States and shall schedule and conduct a final inspection to be attended by Settling Defendants, EPA, and the Commonwealth. If, after the final inspection, the Settling Defendants still believe that the Dixie Caverns Landfill Superfund Site 4 g Civil Action No. established pursuant to this Paragraph, subject to their right to invoke the Dispute Resolution procedures set forth in Section XX (Dispute Resolution). 2. If, after a reasonable opportunity for review and comment by the Commonwealth, EPA concludes, based on the initial or any subsequent written report by Settling Defendants, that the Remedial Action has been fully performed in accordance with this Consent Decree and that the Performance Standards have been achieved, EPA will so notify the Settling Defendants in writing of its concurrence (hereinafter "Concurrence Notice"). However, should the United States obtain information subsequent to the issuance of its Concurrence Notice not provided by the Settling Defendants in their written report, and that information indicates that the Remedial Action has not been fully performed and/or that the Performance Standards have not been attained, the United States may revoke its Concurrence Notice and require the Setting Defendants to complete the necessary work. Settling Defendants can re-submit a written report to the United States, in accordance with Paragraph XV.A.l above, after performance of the necessary work, seeking the United States' Concurrence Notice. Receipt by the Settling Defendants of EPA's Concurrence Notice shall not affect Settling Defendants' obligations under this Consent Decree that continue beyond receipt of the Concurrence Notice, including, but not limited to, access, Operation and Maintenance, record retention, indemnification, insurance, payment of Future Response Costs and penalties, and Dixie Caverns Landfill Superfund Site 5 0 Civil Action No. 2. If, after a reasonable opportunity for review and comment by the Commonwealth, EPA concludes, based on the initial or any subsequent written report by Settling Defendants that the Work has been fully performed in accordance with this Consent Decree, EPA will so notify the Settling Defendants in writing of its concurrence (hereinafter "Concurrence Notice No. 2"). However, should the United States obtain information subsequent to the issuance of its Concurrence Notice No. 2, not provided by the Settling Defendants in their written report and that information indicates that the Work has not been completed in full satisfaction of the requirements of this Consent Decree, the United States may revoke its Concurrence Notice No. 2 and require the Settling Defendants to complete the necessary work. Settling Defendants can re-submit a written report to the United States, in accordance with Paragraph XV.B.1 above, after performance of the necessary work, seeking the United States Concurrence Notice No. 2. XVI. EMERGENCY RESPONSE A. In the event of any action or occurrence during the performance of the Work which causes or threatens a release of Waste Material that constitutes an emergency situation or may present an immediate threat to the public health or welfare or the environment, Settling Defendants shall, subject to Paragraph B of this Section XVI, immediately take all appropriate action to prevent, abate, or minimize such release or threat of release, Dixie Caverns Landfill Supertund Site 52 Civil Action No. 1. Pay to the United States $ 1,279,238.85 by Electronic Funds Transfer ("EFT" or wire transfer) to the U.S. Department of Justice lockbox bank, and referencing CERCLA Number 2TGB03W4R9 and DOJ Case Number 90-11-2-819 in reimbursement of Past Response Costs. Payment shall be made in accordance with instructions provided by the Plaintiff to the Settling Defendants upon execution of the Consent Decree. Any EFTs received at the U.S. Department of Justice lockbox bank after 11:00 a.m. (Eastern Time) will be credited on the next business day. B. Settling Defendants shall reimburse the United States for all Future Response Costs not inconsistent with the National Contingency Plan incurred by the United States. The United States will send Settling Defendants on an annual basis a bill requiring payment that includes a cost summary, setting forth direct and indirect costs incurred by EPA, DOJ and their contractors. Settling Defendants shall make all payments within 30 days of Settling Defendants' receipt of each bill requiring payment, except as otherwise provided in Paragraph C of this Section. The Settling Defendants shall make all payments required by this Paragraph in the manner described in Paragraph A of this Section. C. Settling Defendants may contest payment of any Future Response Costs under Paragraph B of this Section if they determine that the United States has made an accounting error or if they allege that a cost item that is included represents costs that are inconsistent with the NCP. Such objection shall be made Dixie Caverns Landfill Superfund Site 54 Civil Action No. dispute resolution with respect to that issue. If the Settling Defendants fail to initiate the dispute resolution procedures set forth in Section XX within the 30 day period following receipt of the bill, then within 5 days of such 30th day, the Settling Defendants shall direct the escrow holder to remit the escrowed monies (with accrued interest) to the United States in the manner described in Paragraph A of this Section. If the United States prevails in the dispute then within 5 days of the resolution of the dispute, the Settling Defendants shall pay the sums due (with accrued interest) to the United States in the manner described in Paragraph A of this Section. If the Settling Defendants prevail concerning any aspect of the contested costs, the Settling Defendants shall direct the escrow holder to remit payment for that portion of the costs (plus associated accrued interest) for which they did not prevail to the United States in the manner described in Paragraph A of this Section; Settling Defendants shall be disbursed the balance of the escrow account. The Dispute Resolution procedures set forth in this Paragraph in conjunction with the procedures set forth in Section XX (Dispute Resolution) shall be the exclusive mechanisms for resolving disputes regarding the Settling Defendants' obligation to reimburse the United States for its Future Response Costs. D. In the event that the payments required by Paragraph A of this Section are not made within 30 days of the effective date of this Consent Decree or the payments required by Paragraph B of this Section within 30 days of the Settling Defendants' receipt Dixie Caverns Landfill Superfund Site 56 Civil Action No. CERCLA and any claim for just compensation arising out of performance of this Consent Decree. Further, the Settling Defendants agree to pay the United States all costs the United States incurs including, but not limited to, attorneys fees and other expenses of litigation and settlement arising from, or on account of, claims made against the United States based on acts or omissions of Settling Defendants, their officers, directors, employees, agents, contractors, subcontractors, and any persons acting on their behalf or under their control, in carrying out activities pursuant to this Consent Decree. The United States shall not be held out as a party to any contract entered into by or on behalf of Settling Defendants in carrying out activities pursuant to this Consent Decree. Neither the Settling Defendants nor any such contractor shall be considered an agent of the United States. B. Settling Defendants waive all claims against the United States for damages or reimbursement or for set-off of any payments made or to be made to the United States, arising from or on account of any contract, agreement, or arrangement between any one or more of Settling Defendants and any person for performance of Work on or relating to the Site, including, but not limited to, claims on account of construction delays. In addition, Settling Defendants hereby indemnify and hold harmless the United States with respect to any and all claims for damages or reimbursement arising from or on account of any contract, agreement, or arrangement between any one or more of Settling Dixie Caverns Landfill Supertund Site Civil Action No. of policies each year on this Consent Decree. If evidence satisfactory to maintains insurance equi 58 the anniversary of the effective date of Settling Defendants demonstrate by EPA that any contractor or subcontractor valent to that described above, or insurance covering the same risks but in a lesser amount, then, with respect to matters so insured by that contractor or subcontractor, Settling Defendants need provide only that portion of the insurance described above which is not maintained by the contractor or subcontractor. Settling Defendants may satisfy the provisions of this Paragraph C if they submit to EPA for approval one of the financial assurance mechanisms of Section XIV (Assurance of Ability to Complete Work) in at least the amounts stated in this Paragraph C demonstrating that Settling Defendants are able to pay any claims arising out of Settling Defendants' performance of their obligations under this Consent Decree. Such financial assurance mechanism shall meet all of the requirements of Section XIV (Assurance of Ability to Complete Work). If Settling Defendants seek to utilize Section XIV (Assurance of Ability to Complete Work) to satisfy the provisions of this Paragraph C, they must demonstrate an ability to pay above and beyond that required by the obligations of Section XIV (Assurance of Ability to Complete Work). XIX. FORCE MAJEURE A. "Force majeure," for purposes of this Consent Decree, is defined as any event arising from causes beyond the control of Dixie Caverns Landfill Superfund Site 60 Civil Action No. obligations and deadlines Settling Defendants claim are affected by the delay; the anticipated duration of the delay; all actions taken or to be taken to prevent or minimize the delay; a schedule for implementation of any measures to be taken to prevent or mitigate the delay or the effect of the delay; the Settling Defendants' rationale for attributing such delay to a force majeure event if they intend to assert such a claim; and a statement as to whether, in the opinion of the Settling Defendants, such event may cause or contribute to an endangerment to public health, welfare or the environment. The Settling Defendants shall include, with any notice, all available documentation supporting their claim that the delay was attributable to a force majeure. Failure to comply with the above requirements shall preclude Settling Defendants from asserting any claim of force majeure for that event. Settling Defendants shall be deemed to have notice of any circumstance of which their contractors or subcontractors had or should have had notice. C. If EPA, after a reasonable opportunity for review and comment by the Commonwealth, agrees that the delay or anticipated delay is attributable to a force majeure event, the time for performance of the obligations under this Consent Decree that are affected by the force majeure event will be extended by EPA, for such time as is necessary to complete those obligations and EPA will notify the Settling Defendants of the length of the extension, if any, for performance of the obligations affected by Dixie Caverns Landfill Superfund Site 62 Civil Action No. Decree, the Dispute Resolution procedures of this Section shall be the exclusive mechanism to resolve disputes arising under or with respect to this Consent Decree. However, the procedures set forth in this Section shall not apply to actions by the United States to enforce obligations of the Settling Defendants that have not been disputed in accordance with this Section. B. Any dispute which arises under or with respect to this Consent Decree shall in the first instance be the subject of informal negotiations between the parties to the dispute. The period for informal negotiations shall not exceed 20 days from the time the dispute arises, unless it is modified by written agreement of the Parties to the Dispute. The dispute shall be considered to have arisen when one party sends the other parties a written Notice of Dispute. C.l. In the event that the parties cannot resolve a dispute by informal negotiations under the preceding Paragraph, then the position advanced by EPA shall be considered binding unless, within 10 days after the conclusion of the informal negotiation period, Settling Defendants invoke the formal dispute resolution procedures of this Section by serving on the United States a written Statement of Position on the matter in dispute, including, but not limited to, any factual data, analysis or opinion supporting that position and any supporting documentation relied upon by the Settling Defendants. The Statement of Position shall specify the Settling Defendants position as to whether formal dispute resolution should proceed under Paragraph Dixie Caverns Landfill Superfund Site 64 Civil Action No. and (2) the adequacy of the performance of response actions taken pursuant to this Consent Decree. Nothing in this Consent Decree shall be construed to allow any dispute by Settling Defendants regarding the validity of the ROD's provisions. 1. An administrative record of the dispute shall be maintained by EPA and shall contain all statements of position, including supporting documentation, submitted pursuant to this Paragraph and Paragraph C, above. Where appropriate, EPA may allow submission of supplemental statements of position by the parties to the dispute. 2. The Associate Director for Superfund of the Hazardous Waste Management Division of EPA Region III will issue a final administrative decision resolving the dispute based on the administrative record described in Paragraph D.l of this Section. This decision shall be binding upon the Settling Defendants, subject only to the right to seek judicial review pursuant to Paragraphs D.3 and D.4 of this Section. 3. Any administrative decision by EPA pursuant to Paragraph D.3 of this Section shall be reviewable by this Court, provided that a notice of judicial appeal under this Section XX is filed by the Settling Defendants with the Court and served on all Parties within 10 days of receipt of EPA's decision. The notice of judicial appeal shall include a description of the matter in dispute; the efforts made by the Parties to resolve it, the relief requested, and the schedule, if any, within which the dispute must be resolved to ensure orderly implementation of this Dixie Caverns Landfill Superfund Site 66 Civil Action No. 2. Notwithstanding Paragraph M of Section I (Background) of this Consent Decree, judicial review of any dispute governed by this Paragraph shall be governed by applicable provisions of law. In any such proceeding, the Settling Defendants shall bear the burden of coming forward with evidence and the burden of persuasion. F. The invocation of formal dispute resolution procedures under this Section shall not of itself extend, postpone, or affect in any way any obligation of the Settling Defendants under this Consent Decree, except that payment of stipulated penalties with respect to the disputed matter shall be stayed pending resolution of the dispute as provided in Paragraph H of Section XXI. Notwithstanding the stay of payment, stipulated penalties, including interest, shall accrue from the first day of noncompliance with any applicable provision of this Consent Decree. In the event that the Settling Defendants do not prevail on the disputed issue, stipulated penalties shall be assessed and paid as provided in Section XXI (Stipulated Penalties). XXI. STIPULATED PENALTIES A. Settling Defendants shall be liable for stipulated penalties in the amounts set forth in Paragraphs B and C of this Section to the United States for failure to comply with the requirements of this Consent Decree specified below, unless excused under Section XIX (Force Majeure). "Compliance" by Settling Defendants shall include completion of the activities Dixie Caverns Landfill Superfund Site 68 Civil Action No. 2. Failure to comply with the requirements of Section V (General Provisions), Section XI (Reporting Requirements), Section XIV (Assurance of Ability to Complete Work), and Section XV (Final Inspection). D. All penalties shall begin to accrue on the day after the complete performance is due or the day a violation occurs, and shall continue to accrue through the final day of the correction of the noncompliance or completion of the activity. Separate penalties shall accrue for each separate violation of this Consent Decree. E. If EPA determines that Settling Defendants have failed to comply with a requirement of this Consent Decree, EPA may give Settling Defendants written notification of same and describe the noncompliance. However, penalties shall accrue as provided in the preceding Paragraph whether or not EPA has notified the Settling Defendants of a violation. EPA may send the Settling Defendants a written demand for the payment of the penalties. F. All penalties owed to the United States under this section shall be due and payable within 30 days of the Settling Defendants' receipt from EPA of a demand for payment of the penalties, unless Settling Defendants invoke the Dispute Resolution procedures under Section XX (Dispute Resolution). All payments under this Section shall be paid by certified check made payable to "EPA Hazardous Substance Superfund," shall be mailed to United States Environmental Protection Agency, Region III Attention: Superfund Accounting, P.O. Box 360515, Pittsburgh, PA Dixie Caverns Landfill Superfund Site 7 0 Civil Action No. Party, Settling Defendants shall pay all accrued penalties determined by the District Court to be owed to the United States, into an interest-bearing escrow account established in accordance with the procedures set forth in Section XVII.C., within 15 days of receipt of the Court's decision or order. Penalties shall be paid into this account as they continue to accrue, at least every 60 days. Within 15 days of receipt of the final appellate court decision, the escrow agent shall pay the balance of the account, including interest and penalties, to EPA and/or Settling Defendants in accordance with the final appellate court decision. I. If Settling Defendants fail to pay stipulated penalties when due, the United States may institute proceedings to collect the penalties as well as interest. Settling Defendants shall pay interest on the unpaid balance, which shall begin to accrue on the date of the demand made pursuant to Paragraph F of this Section, at the rate established pursuant to Section 107(a) of CERCLA, 42 U.S.C. § 9607(a). Nothing in this Consent Decree shall be construed as prohibiting, altering, or in any way limiting the ability of the United States to seek any other remedies or sanctions available by virtue of Settling Defendants' violation of this Decree or of the statutes and regulations upon which it is based, including, but not limited to, penalties pursuant to Section 122(1) of CERCLA, 42 U.S.C. § 9622(1). J. No payments made under this Section shall be tax deductible for federal or state tax purposes. Dixie Caverns Landfill Superfund Site ~ 2 Civil Action No. all other matters, including but not limited to, the following: (1) claims based on a failure by Settling Defendants to meet a requirement of this Consent Decree; (2) liability arising from the past, present, or future disposal, release, or threat of release of Waste Materials outside of the Site; (3) liability for damages for injury to, destruction of, or loss of natural resources; (4) liability for response costs that have been or may be incurred by the U.S. Department of the Interior and/or the U.S. National Oceanic and Atmospheric Administration; (5) criminal liability; (6) liability for violations of federal or state law which occur during or after implementation of the Remedial Action; and (7) liability for additional Operable Units at the Site or the final response action; (8) liability for costs that the United States has incurred or will incur related to the Site but which are not within the definition of Past and Future Response Costs. C. Notwithstanding any other provision of this Consent Decree, the United States retains all authority and reserves all rights to take any and all response actions authorized by law. Dixie Caverns Landfill Supertund Site ~ 4 Civil Action No. XXIV. EFFECT OF SETTLEMENT• CONTRIBIITION PROTECTION A. Nothing in this Consent Decree shall be construed to create any rights in, or grant any cause of action to, any person not a party to this Consent Decree. The preceding sentence shall not be construed to waive or nullify any rights that any person not a signatory to this decree may have under applicable law. Each of the Parties expressly reserves any and all rights (including, but not limited to, any right to contribution), defenses, claims, demands, and causes of action which each party may have with respect to any matter, transaction, or occurrence relating in any way to the Site against any person not a party hereto. B. With regard to claims for contribution against Settling Defendants for matters addressed in this Consent Decree, the Parties hereto agree that the Settling Defendants are entitled to such protection from contribution actions or claims as is provided by CERCLA Section 113(f)(2), 42 U.S.C. § 9613(f)(2). C. The Settling Defendants agree that with respect to any suit or claim for contribution brought by them for matters related to this Consent Decree they will notify the United States in writing no later than 60 days prior to the initiation of such suit or claim. The Settling Defendants also agree that with respect to any suit or claim for contribution brought against them for matters related to this Consent Decree they will notify in writing the United States within 10 days of service of the complaint on them. In addition, Settling Defendants shall notify Dixie Caverns Landfill Superfund Site ~ 6 Civil Action No. routing, correspondence, or other documents or information related to the Work. Settling Defendants shall also make available to EPA and the Commonwealth, for purposes of investigation, information gathering, or testimony, their employees, agents, or representatives with knowledge of relevant facts concerning the performance of the Work. B. Settling Defendants may assert business confidentiality claims covering part or all of the documents or information submitted to Plaintiff under this Consent Decree to the extent permitted by and in accordance with Section 104(e)(7) of CERCLA, 42 U.S.C. § 9604(e)(7), and 40 C.F.R. § 2.203(b) and may assert confidentiality claims covering all or part of the documents or information submitted to the Commonwealth to the extent permitted by and in accordance with Virginia Code § 2.1-340.1. Documents or information determined to be confidential by EPA will be afforded the protection specified in 40 C.F.R. Part 2, Subpart B. If no claim of confidentiality accompanies documents or information when they are submitted to EPA, or if EPA has notified Settling Defendants that the documents or information are not confidential under the standards of Section 104(e)(7) of CERCLA or 40 C.F.R. Part 2, the public may be given access to such documents or information without further notice to Settling Defendants. The Settling Defendants may assert that certain documents, records and other information are privileged under the attorney-client privilege or any other privilege recognized by federal courts in actions involving the United States. If the Dixie Caverns Landfill Supertund Site 78 Civil Action No. B.2 of Section XV (Final Inspection). Settling Defendants shall also instruct their contractors and agents to preserve all documents, records, and information of whatever kind, nature or description relating to the performance of the Work until 10 years after the Settling Defendants' receipt of EPA's notification pursuant to Paragraph B.2 of Section XV (Final Inspection). B. Upon conclusion of this document retention period, Settling Defendants shall notify the United States at least 90 days prior to the destruction of any such records, documents or information, and, upon request of EPA Settling Defendants shall deliver all such documents, records and information to EPA. In no event shall Settling Defendants destroy such records or documents until EPA responds in writing approving such destruction. C. Each Settling Defendant hereby certifies, individually, that it has not altered, mutilated, discarded, destroyed or otherwise disposed of any records, documents or other information relating to its potential liability regarding the Site since notification of potential liability by the United States or the Commonwealth or the filing of any earlier suit against it regarding the Site and that it has fully complied with any and all EPA requests for information pursuant to Sections 104(e) and 122(e) of CERCLA, 42 U.S.C. §§ 9604(e) and 9622(e), and Section 3007 of RCRA, 42 U.S.C. § 6927. Dixie Caverns Landfill Superfund Site g p Civil Action No. Richmond, VA 23219 As to the Settling Defendants• [Name] Settling Defendants' Project Coordinator [Address] XXVIII. EFFECTIVE DATE The effective date of this Consent Decree shall be the date upon which this Consent Decree is entered by the Court, except as otherwise provided herein. XXIX. RETENTION OF JURISDICTION This Court retains jurisdiction over both the subject matter of this Consent Decree and the Parties for the duration of the performance of the terms and provisions of this Consent Decree for the purpose of enabling any of the Parties to apply to the Court at any time for such further order, direction, and relief as may be necessary or appropriate for the construction or modification of this Consent Decree, or to effectuate or enforce compliance with its terms, or to resolve disputes in accordance with Section XX (Dispute Resolution) hereof. XXX. APPENDICES The following appendices are attached to and incorporated into this Consent Decree: "Appendix A" is the ROD. "Appendix B" is the Cost Summaries dated September 21, 1992. f Dixie Caverns Landfill Superfund Site Civil Action No. Decree. 82 XXXIII. LODGING AND OPPORTUNITY FOR PUBLIC COMMENT A. This Consent Decree shall be lodged with the Court for a period of not less than thirty (30) days for public notice and comment in accordance with Section 122(d)(2) of CERCLA, 42 U.S.C. § 9622(d)(2), and 28 C.F.R. § 50.7. The United States reserves the right to withdraw or withhold its consent if the comments regarding the Consent Decree disclose facts or considerations which indicate that the Consent Decree is inappropriate, improper, or inadequate. Settling Defendants consent to the entry of this Consent Decree without further notice. B. If for any reason the Court should decline to approve this Consent Decree in the form presented, this agreement is voidable at the sole discretion of any Party and the terms of the agreement may not be used as evidence in any litigation between the Parties. XXXIV. SIGNATORIES/SERVICE A. Each undersigned representative of a Settling Defendant to this Consent Decree and the Assistant Attorney General for Environment and Natural Resources of the Department of Justice of the United States certifies that he or she is fully authorized to enter into the terms and conditions of this Consent Decree and to execute and legally bind such party to this document. B. Each Settling Defendant hereby agrees not to oppose Dixie Caverns Landfill Superfund Site g 4 Civil Action No. SO ORDERED THIS DAY OF , 19 United States District Nudge THE UNDERSIGNED PARTIES enter into this Consent Decree in the matter of United States v. County of Roanoke and Roanoke Electric Steel Corporation, relating to the Dixie Caverns Landfill Superfund Site. FOR THE UNITED STATES OF AMERICA Date: [Name) Assistant Attorney General Environment and Natural Resources Division U.S. Department of Justice Washington, D.C. 20530 [Name] Environmental Enforcement Section Environment and Natural Resources Division U.S. Department of Justice Washington, D.C. 20530 [Name] United States Attorney Western District of Virginia Dixie Caverns Landfill Superfund Site g 6 Civil Action No. THE UNDERSIGNED PARTY enters into this Consent Decree in the matter of United States v. County of Roanoke and Roanoke Electric Steel Corporation, relating to the Dixie Caverns Landfill Superfund Site. FOR THE COUNTY OF ROANOKE Date: [Name -- Please Type] [Title -- Please Type] [Address -- Please Type] Agent Authorized to Accept Service on Behalf of Above-signed Party: Name: Title: Address: (Please Typel a REQUIREMENTS FOR DOCUMENTATION SUBMITTED BY THE SETTLING DEFENDANTS PIIRSUANT TO PARAGRAPH VI.G.1 DIXIE CAVERNS LANDFILL 8UPERFUND SITE, OPERABLE UNIT 1 A. The documentation submitted by the Settling Defendants pursuant to Paragraph VI.G.1 of the Consent Decree must include the following information: 1. A detailed description of the on-site stabilization and disposal ("OSSD") process, including process flow diagrams and calculations identifying material balances, mixing times, and flow rates; 2. Descriptions and specifications of all materials, chemicals, and additives to be utilized in the OSSD process; 3. Operable Unit 1-specific data obtained through the use of on-Site OSSD equipment and a detailed explanation that demonstrate that all of the requirements set forth in Paragraph B of this Appendix are met; and 4. A description of how the Settling Defendants have complied with Paragraph A of Section IX (Quality Assurance) of the Consent Decree while conducting all sample collection and analysis activities pursuant to Paragraph VI.G.1 of the Consent Decree. B. EPA will propose an amendment to the ROD only if EPA, after review and comment by VDWM, believes that all of the following requirements have been met: 1. Treatment through on-site stabilization of the 9,000 cubic yards of K061 waste located at the Site shall meet the DCL [Dixie Caverns Landfill] Delisting Levels set forth in the middle column of Table 3 on page 12 of the ROD attached to the Consent Decree as Appendix A; 2. On-site disposal shall meet all applicable VDWM requirements for a solid waste landfill, including but not limited to the VDWM Solid Waste Management Regulations pertaining to industrial waste disposal facilities as set forth at VR 672- 20-10 § 5.3 and as modified by Virginia Code § 10.1-1410.1; and 3. In light of the requirements of CERCLA (including but not limited to § 121 thereof) and the NCP (including but not limited to the nine selection criteria set forth in 40 C.F.R. § 300.43(e)(9)(iii)), OSSD is a more appropriate remedy for Operable Unit 1 at the Site than is the selected remedy described in the ROD attached to the Consent Decree as Appendix A. ~ p AN ,I.~ P ~ ~ ° az ~~~~~ ~~ ~~~~ ~ 3 P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 COUNTY ADMINISTRATOR ELMER C. HODGE (703) 772-2004 BOARD OF SUPERVISORS December 18, 1992 LEE B. EDDY, CHAIRMAN WINDSOR HILLS MAGISTERIAL DISTRICT EDWARD G. KOHINKE, SR., VICE-CHAIRMAN CATAWBA MAGISTERIAL DISTRICT BOB L. JOHNSON HOW NS MAGISTERIAL DISTRICT H. ODELL "FUZZY" MIN NIX CAVE SPRING MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT (703) 772-2005 Mr. Al G. Thomason, Sr. 6388 Christie Lane Roanoke, VA 24018 Dear Mr. Thomason: I am pleased to inform you that, at their meeting held on Tuesday, December 15, 1992, the Board of Supervisors voted unanimously to appoint you as a member of the Roanoke County Planning Commission for a four-year term beginning December 31, 1992, and ending December 31, 1996. State law requires that you take an oath of office before the Clerk of the Roanoke County Circuit Court. This oath must be administered ,prior to your participation on this Commission. Please telephone Steven A. McGraw, at 387-6205, to arrange to have the oath administered and Mr. McGraw has requested that you bring this letter with you at that time. State law provides that any person elected, re-elected, appointed, or re-appointed to any public 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. 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, Lee B. Eddy, Chairman Roanoke County Board of Supervisors LBE/bj h Enclosures cc: Terrance L. Harrington, Director, Planning & Zoning Steven A. McGraw, Clerk, Circuit Court ® Recyded Paper ~ ROAN ,I.~ ti p 2 ~ o a 1 38 C~~~xz~#~ ~~' ~.o~~xx~a.~.~ P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 COUNTY ADMINISTRATOR ELMER C. HODGE (703) 772-2004 December 18, 1992 BOARD OF SUPERVISORS LEE B. EDDY, CHAIRMAN WINDSOR HILLS MAGISTERIAL DISTRICT EDWARD G. KOHINKE, SR., VICE-CHAIRMAN CATAWBA MAGISTERIAL DLSTRICT BOB L. JOHNSON HO W NS MAGISTERIAL DISTRICT H. ODELL'FUZZY MIN NIX CAVE SPRING MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT (703) 772-2005 Mr. Michael J. Gordon 11210 Bottom Creek Road Bent Mountain, Virginia 24059 Dear Mr. Gordon: The members of the Roanoke County Board of Supervisors have asked me to express their sincere appreciation for your previous service on the Roanoke County Planning Commission. Allow me to personally thank you for the time you served on Commission. Citizens responsive to the needs of their community and willing to give of themselves and their time are indeed all too scarce. Roanoke County is fortunate indeed to have benefitted from your unselfish contribution to our community. As a small token of appreciation, we enclose a Certificate of Appreciation for your service to Roanoke County. Sincerely, Lee B. Eddy, Chairman Roanoke County Board of Supervisors LBE/bj h Enclosure cc: Terrance L. Harrington, Director, Planning & Zoning ® Recyded Paper ~ R AN ,~, F z p OJ a= 1 8 C~.~~x~t~ ~~ ~.~~xx~~~~ P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 COUNTY ADMINISTRATOR ELMER C. HODGE (703) 772-2004 December 18, 1992 BOARD OF SUPERVISORS LEE B. EDDY, CHAIRMAN WINDSOR HILLS MAGISTERIAL DISTRICT EDWARD G. KOHINKE, SR., VICE-CHAIRMAN CATAWBA MAGISTERIAL DISTRICT BOB L. JOHNSON HOWNS MAGISTERIAL DISTRICT H. ODELL "FUZZY" MIN NIX CAVE SPRING MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGIS'~ERIAL DISTRICT (703) 772-2005 The Honorable L. Douglas Wilder Governor's Office Third Floor, State Capitol Richmond, VA 23219 Dear Governor Wilder: Attached is a copy of Resolution No. 121592-8 requesting the General Assembly to amend the Charter for the County of Roanoke. This resolution was adopted by the Board of Supervisors at their meeting on Tuesday, December 15, 1992. If you need further information, please do not hesitate to contact me. Sincerely, ~I') a-t--~ ~ - Mary H. Allen, CMC Clerk to the Board of Supervisors Attachment cc: The Honorable J. Brandon Bell The Honorable Malfourd W. "Bo" Trumbo The Honorable G. Steven Agee The Honorable C. Richard Cranwell The Honorable Clifton A. Woodrum The Honorable A. Victor Thomas Paul M. Mahoney, County Attorney Reta R. Busher, Director, Management & Budget Diane D. Hyatt, Director, Finance ® R~ydad P~- ~a aN~. F •~ o a C~.o~~x~t~ ~~ ~~~xxt~~.e P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 COUNTY ADMINISTRATOR ELMER C. HODGE (703) 772-2004 Ms. Martha Ferrell 6213 Nell Circle Roanoke, VA 24019 Dear Ms. Ferrell: BOARD OF SUPERVISORS LEE B. EDDY, CHAIRMAN WINDSOR HILTS MAGISTERIAL DISTRICT EDWARD G. KOHINKE, SR., VICE-CHAIRMAN CATAWBA MAGISTERIAL DISTRICT December 18, 1992 BOB L. JOHNSON HO W NS MAGISTERIAL DISTRICT H. ODELL "FUZZY MINNIX CAVE SPRING MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT (703) 772-2005 At their regular meeting on Tuesday, December 15, 1992, the Roanoke County Board of Supervisors unanimously approved the request of the Roanoke County School Food Service Chapter for a raffle permit and 50/50 raffle permit for calendar year 1993. The raffles will be conducted on the dates listed in the application. 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, 1993. This permit, however, is only valid on the date specified in your application. PLEASE READ YOUR APPLICATION CAREFULLY. YOU HAVE 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 BYDECEMBER I 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, Mary H. Allen, CMC Clerk to the Board of Supervisors Enclosures cc: Commissioner of the Revenue Commonwealth Attorney County Treasurer ® Recyded Paper O~~ ANA F ~. ~ ~ o~ a= 13 C~~ix~~~ ~# ~..a~tx~~~~ P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 COUNTY ADMINISTRATOR ELMER C. HODGE (703) 772-2004 December 18, 1992 BOARD OF SUPERVISORS LEE B. EDDY, CHAIRMAN WINDSOR HILLS MAGISTERIAL DISTRICT EDWARD G. KOHINKE, SR., VICE-CHAIRMAN CATAWBA MAGISTERUU. DISTRICT BOB L. JOHNSON HOWNS MAGISTERIAL DISTRICT H. ODELL "FUZZY MINNIX CAVE SPRING MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT (703) 772-2005 Ms. Madonna Gibson Route 2, Box 370 Fincastle, VA 24090 Dear Ms. Gibson: At their regular meeting on Tuesday, December 15, 1992, the Roanoke County Board of Supervisors unanimously approved the request of the Women of the Moose Roanoke Chapter #1022 fora 50/50 raffle permit for calendar year 1993. The raffles will be conducted on the dates listed in the application. 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, 1993. This permit, however, is only valid on the date specified in your application. PLEASE READ YOUR APPLICATION CAREFULLY. YOU HAVE 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 BYDECEMBER 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, ,,,' is-,-,~. '4~. n ,__~_~ __. Mary H. Allen, CMC Clerk to the Board of Supervisors Enclosures cc: Commissioner of the Revenue Commonwealth Attorney County Treasurer ® R~yded P~- ' -- Tl~e Easter Seal Society of Virginia, Inc. .Providing people with disabilities the power to overcome. ~° -,~ BOARD OF DIRECTORS oftieer. Chairman of the Board John M. Hudgins, Jr., Salem First Vice ty,.[r.,,•.. Nancy Ratcllff, Hamptnn Second Vice Chairmaa William P. Hearst, Virginia Beach Secretary Robert E. Mullen, Jr., Roanoke Treasurer John W. Modcha, Jr., Salem Members Denys C. Hendall, Richmond Dr. Patricia J. Brown, Richmond Bruce Ellett, Roanoke Harry E. Francis, Jr., Glen Allen J. Shelby Guss, Bowling Gteen Donald E. Huston, Virginia Beach Thomas E. Inman, Williamsburg William B. Joyner, Sr., Manassas Stuart W. Kroner, Great Falls David Lee, Roanoke Walton Mahon, Bowling Green Martha Matthews, Parksley Louis Mltzlaff, Vinton Robert W. Morris, Virginia Beach John H. Parrott, Jr., Roanoke Yvette Ridley, Midlothian Thomas W. Ruble, Vinton Margaret Allen Thomas, Newport News Charles A Wilson, Cullen Leigh Wintz, Falls Church Prea[deat F. Robert Knlgh[ 6tate Headquarters X4841 Williamson Road ~y P. O. Box 5496 Roanoke, Va. 24012 (703J 362-1656 1-800-365-1656 (Va. only) (703) 563-8928 TDD Offices 6319 Castle Place, Suite A Falls Church, Va. 22044 (703) 538-4480 (phone) (703J 538-2407 T1Y 6200 Chamberlayne Rnad Mechanicsville, Va. 23111 (804J 746-1007 3101 Magic Hollow Blvd. Virginia Beach, Va. 23456 (804) 468-3140 mailing address: P. O. Box 9185 Virginia Beach, Va. 23450 Camps Camp Easter Seal-East Route 1, Box 111 Milford, Va. 22514 (804) 633-9855 Camp Easter Sesl-West Route 2, Box 126-F New Castle, Va. 24127 (703) 864-5750 Federal Tax I.D. k54-0515735 Terrance L. Harrington, AICP Director of Planning County of Roanoke Post Office Box 29800 Roanoke, Virginia 24018-0798 Dear Mr. Harrington: November 13, 1992 E r f F C ~ "y .~ :~ r ':ivj G ~' v NOV ~ ~- 1992 t~ ~. ;tom ~ ` 1 ~ t 1 ^ it,~r d~~ ~d7't' .... ... ~ . With this letter and accompanying information, we would like to initiate a request for a Special Use Permit to conduct our Valleypointe After Hours Outdoor Concert Series in Roanoke County from April to September, 1993. Having been made aware by John Hartley that some changes have been made by the county, we believe that we have addressed all areas pertaining to Sec. 30-87-3 Outdoor Gatherings. If there are any areas of concern that needs further clarification and/or documentation, please let me know. We look forward to hearing from you. Sincerely, /~ Susan S. Knight Vice President Roanoke-Blue Ridge Region /.S Enclosures Formerly the Easter Seal Society for Crippled Chffdren and Adults, Inc., of Virginia The Faster Seal Society of Virginia, Inc. ` ~~ Valleypointe After Hours Special Use Permit Application Sec. 30-87-3 Outdoor Gatherings (A) General Standards 1. The Easter Seal Society of Virginia, Inc., anot-for-propit voluntary health agency headquartered in Roanoke, has produced an outdoor concert series in North Roanoke County on a vacant lot at the Valleypointe Corporate Center for the last three years as a fundraiser to support services and programs offered by Easter Seals for children and adults with disabilities. As a result of the format and good reputation, this concert series which features a variety of popular, "oldies" and beach music has attracted a wide variety of patrons from within the Roanoke Valley as well as Lynchburg, Martinsville, Charlottesville, Montgomery, Botetourt, and Franklin Counties. The early evening outdoor concerts appeal to a diversity of age groups which is apparent at any concert, ranging from young families to a more mature audience. The concert area opens at 5:15 p.m. each Thursday evening; the music begins at 6 p.m. and concludes at 8:30 p.m. While the attendance is frequently impacted by the weather conditions and varies according to the entertainment scheduled, the 1992 season attendance was 33,000 persons. In 1991, the season attendance was 41,000, and in 1990, it was 25,000. Based on these three consecutive reporting concert seasons, the average annual attendance is 33,000 persons, or a weekly average attendance of 1,833 persons. With good weather, a more realistic weekly attendance would be about 2,200 - 2,300 people. The concerts are held on undeveloped Lot #2 at the Valleypointe Corporate Center. A wire fence has been placed around the site for security, crowd control and sale of alcoholic beverages (beer and wine coolers). There is one main entrance off of Valleypointe Parkway and one entrance and the southwest side of the lot for delivery of equipment and supplies. A stage area and dance floor remains on the site. Except for the portolets that are placed there for the season, all materials and supplies needed for each concert are placed on the site prior to each concert and removed at the close of the evening. The Easter Seal Society secures all applicable permits and pays applicable taxes to appropriate state and locality. This application request for a Special Use Permit is for the period from April to September, which will allow for any bad weather dates. Page 2 Valleypointe After Hours ~1 2. a. The Easter Seal Society provides outdoor portolets, including one that is accessible to people with disabilities, for the concert attendees through a private contractor who services them the morning after each concert. A screening fence around the area where the portolets are placed was put in place at the beginning of the 1992 season to obscure them from the view of neighboring businesses. Additionally, all trash is collected and placed in trash receptacles at the close of each concert so that the site is restored and clean. Food (hot dogs, hamburgers, etc.) and alternative beverages (soft drinks, bottled water and juices) are available at the site for the concert attendees and volunteers. Since the concert activities on the site occur only in the early evening once a week, overnight lodging is not provided. b. The Easter Seal Society believes that a safe event provides long-term benefits that enhance a special event such as Valleypointe After Hours. To this end, off-duty Roanoke County Sheriffs Department personnel are employed to provide on-site security and to assist with traffic flow. Some of these men and women have received Emergency Medical Training through their employment. Additionally, the Hollins Fire and Rescue Squad Station is located within 2.5 miles of the concert site in the event that there is an emergency for which on-site personnel need assistance. c. Parking for the concert attendees and volunteers has been achieved through the use of the paved parking areas for the Valleypointe Corporate Center complex, and supervised parking within the owner-authorized, undeveloped areas of the center. Last year parking along the main street, Valleypointe Parkway, was changed from diagonal to parallel. At no time is anyone permitted to obstruct all trafpic lanes on Valleypointe Parkway or any other side street within the corporate center. Using information from the previous years' request for permits, the estimates of spaces available for offstreet parking are as follows: Lot #16 145 Lot # 1 435 Lot #2 80 Lot #3 68 Lot #10 17 Lot # 4 200 Lot # 14 176 (51 paved; 100-125 unpaved) Lot # l OC 50 Lot 313 76 1,247 possible spaces Again, using the Planning Department's previous estimates of 2-3 people per car, the offstreet parking could optimally accommodate 2,494 people with 2 people per car; the offstreet parking could accommodate 3,741 people with 3 people per car. Page 3 ~~ Valleypointe After Hours It should be noted that in both of the last two concert seasons, a shuttle service has been offered to help attendees in and out of the concert area. Even with extensive media promotion for the shuttle service, it has not been successful either year. d. Off-duty Roanoke County Sheriffs Department deputies are hired to help direct traffic in an out of the concert area and assist Easter Seal staff and volunteers with the parking needs for the concerts. Two lanes of Valleypointe Parkway always remain open for smooth traffic flow from Woodhaven to Peters Creek Road. A stop light at Peters Creek Road allows for ingress and egress from Valleypointe Corporate Center and I-581 near the site also provides for additional traffic movement. e. Since the concert series is conducted at a time of the year when the days are longest, there is not a need to install lighting for the conduct of the event. If it is necessary, some portable stage lights are provided for the entertainment and are always directed toward and illuminating the stage area. f. The Easter Seal Society moved and redirected the stage in 1991 to eliminate the flow of sound into residential areas. A sound meter is used to measure the decibel level of the bands and to keep it within an acceptable range and the speakers for amplification are directed downward to curb the carry of sound from the site. b ^ ~I u 1 ~..7 ~~ ~,Y ~~ x ~,~ w ~ „ ~< y r ~' ,,,. ~L®d~'Y~®~~~~IU~LL d ®~ ~11~C~~~~~ RAY D. PETHTEL COMMISSIONER DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RICHMOND, 23219 November 20, 1992 Secondary System Additions 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 October 13, 1992, the following additions to the Secondary System of Roanoke County are hereby approved, effective November 19, 1992. ADDITIONS CARSON OAKS Route 1995 (Larson Lane) - From Route 1679 to 0.20 mile East Route 1679. Route 1996 (Larson Oaks Drive) - From Route 1995 to 0.20 mile Northwest Route 1995. Sincerely, Ra~D. Pethtel Commissioner TRANSPORTATION FOR THE 21ST CENTURY LENGTH 0.20 Mi 0.20 Mi 3. Roanoke County Planning Commission 5~ ~ ~~ ~ LBE NOMINATED AL G. THOMASON SR. TO A FOUR-YEAR TERM EXPIRING 12/31/96 _Ml~/?-r ~~~~~ -- 1'~~ ~~ ILf. /IO A.J ~~ ~~ :~ ~/u,~. ~'~-- P 1 ~ 3 ~ ~ ~ ~ ~ t s ~~ ~ ~ p t~~_ ~ ~~ ~~ ~ ~ ~ ~ ~ ~~~ PUBLIC NOTICE Please be advised that the Board of Supervisors of Roanoke County, Virginia, at its meeting on December 15, 1992, 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 THE ROANOKE COUNTY CODE BY CREATING A SEPARATE CLASSIFICATION OF TANGIBLE PERSONAL PROPERTY: MOTOR VEHICLES FOR DISABLED VETERANS All members of the public interested in the matter set forth above may appear and be heard at the time and place aforesaid. ~~~'f U~ ,'Y'J~ Paul M. Mahoney County Attorney Roanoke County, Virginia Publish on the following dates: December 1, 1992 December 8, 1992 Send invoice to: Board of Supervisors P. O. Box 29800 Roanoke, VA 24018-0798 !"'~ D'it '~ ~ a , ~:3~ ATTENTION: MRS. MARY ALLEN PUBLIC NOTICE Please be advised that the Board of Supervisors of Roanoke County, Virginia, at its meeting on December 15, 1992, 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 THE ROANOKE COUNTY CODE BY CREATING A SEPARATE CLASSIFICATION OF TANGIBLE PERSONAL PROPERTY: MOTOR VEHICLES FOR DISABLED VETERANS All members of the public interested in the matter set forth above may appear and be heard at the time and place aforesaid. ~^~~ n~~ Paul M. Mahoney County Attorney Roanoke County, Virginia Publish on the following dates: December 1, 1992 December 8, 1992 Send invoice to: Board of Supervisors P. O. Box 29800 Roanoke, VA 24018-0798 ATTENTION: MRS. MARY ALLEN ~.. _~, ~- ; ; . A , ~ °.." t_r.._ .. Lf`.t5 ~ lam"` ~'-' ~~_ ~. 3 NOTICE OF PUBLIC HEARING AMENDMENTS TO ROANOKE COUNTY CHARTER Pursuant to the provisions of Chapter 17 of Title 15.1 of the 1950 Code of Virginia, as amended, and specifically Section 15.1-835, the Board of Supervisors of Roanoke County, Virginia, hereby gives notice of a public hearing to be held on December 15, 1992, at 7:00 p.m. at the Roanoke County Administration Center at 3738 Brambleton Avenue, Roanoke, Virginia so that the citizens of Roanoke County shall have an opportunity to comment upon the County's request that the General Assembly amend its existing charter. An informative summary of the proposed charter amendments is as follows: Section 2.02 -Taxing Powers -relating to taxes on hotel motel rooms A copy of the text of the proposed amendments is available for public inspection in the office of the Clerk to the Board of Supervisors of Roanoke County, Virginia. ~. '~~. ~1. i~~1ct-~k1y(s Paul M. Mahoney County Attorney Please publish on the following day: December 4, 1992 Please send bill to: Board of Supervisors of e Lj; 4~S Roanoke County, Virginia P. O. Box 29800 Roanoke, VA 24018 ATTN: Ms. Mary Allen c:\uvp51\agenda\general\ehazter.no[ LEGAL NOTICE ROANORE COUNTY BOARD OF SIIPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, December 15, 1992, in the Community Room of the Roanoke County Administration Center, 3738 Brambleton Avenue, Roanoke, VA, to receive public comments and suggestions on the proposed 1992 Zoning Maps. These proposed maps include all property within Roanoke County, exclusive of property located within the Town of Vinton. Copies of the proposed maps are available for inspection in the Department of Planning and Zoning, 3738 Brambleton Avenue, Roanoke, VA. Dated: December 2, 1992 y,» ~ ~. 0 Mary H. Allen, Clerk Please publish in the Roanoke Times & World-News Wednesday, December 10, 1992 Direct the bill for publication to: Roanoke County Board of Supervisors PO Box 29800 Roanoke, VA 24018 (703) 772-2005 SEND AFFIDAVIT OF PUBLICATION TO: ROANORE COUNTY PLANNING DEPARTMENT P.O. BOX 29800, ROANORE, VA 24018 LEGAL NOTICE ROANORE COUNTY BOARD OF SUPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, December 15, 1992, in the Community Room of the Roanoke County Administration Center, 3738 Brambleton Avenue, Roanoke, VA, on the petition of Webb-Stevenson Co. to amend conditions on approximately 1.516 acres to permit construction of an auto parts facility, located between 3727 and 3773 Challenger Avenue, Hollins Magisterial District. A copy of this application is available for inspection in the Department of Planning and Zoning, 3738 Brambleton Avenue, Roanoke, VA. Dated: December 2, 1992 y~„ Mary H. Al en, Clerk Please publish in the Roanoke Times & World-News Wednesday, December 10, 1992 Direct the bill for publication to: Webb-Stevenson Co. c/o Waldrop Realty PO Box 1479 Salem, VA 24153 (703) 389-8101 SEND AFFIDAVIT OF PUBLICATION TO: ROANORE COUNTY PLANNING DEPARTMENT P.O. BOX 29800, ROANORE, VA 24018 LEGAL NOTICE ROANORE COUNTY BOARD OF SUPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, December 15, 1992, in the Community Room of the Roanoke County Administration Center, 3738 Brambleton Avenue, Roanoke, VA, on the petition of Samuel R. Carter III for a Special Use Permit to operate a debris fill on 2.15 acres, located on the south side of Route 11 and 460 approximately .3 mile from its intersection with Pleasant Run Drive, Catawba Magisterial District. A copy of this application is available for inspection in the Department of Planning and Zoning, 3738 Brambleton Avenue, Roanoke, VA. Dated: December 2, 1992 ~»~ ,~ . I _ ~c / "`r ~' J~ . Mary H. Allen, Clerk Please publish in the Roanoke Times & World-News Wednesday, December 10, 1992 Direct the bill for publication to: Samuel R. Carter c/o Edward Natt P.O. Box 20068 Roanoke, VA 24018 (703) 774-1197 SEND AFFIDAVIT OF PUBLICATION TO: ROANORE COUNTY PLANNING DEPARTMENT P.O. BOX 29800, ROANORE, VA 24018 LEGAL NOTICE ROANORE COUNTY BOARD OF SIIPERVISORB The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, December 15, 1992, in the Community Room of the Roanoke County Administration Center, 3738 Brambleton Avenue, Roanoke, VA, on the following requests: 1. Samuel R. Carter III for a Special Use Permit to operate a debris fill on 2.15 acres, located on the south side of Route 11 and 460 approximately .3 mile from its intersection with Pleasant Run Drive, Catawba Magisterial District. 2. Petition of Webb-Stevenson Co. to amend conditions on approximately 1.516 acres to permit construction of an auto parts facility, located between 3727 and 3773 Challenger Avenue, Hollins Magisterial District. 3. Public comments and suggestions on the proposed 1992 Zoning Maps. These proposed maps include all property within Roanoke County, exclusive of property located within the Town of Vinton. A copy of this application is available for inspection in the Department of Planning and Zoning, 3738 Brambleton Avenue, Roanoke, VA. Dated: December 2, 1992 ~ ~. Mary H. Allen, Clerk ~~/• s O~ pOAN ,~~ a ti p z ~~ ~ i 1838 DEPARTMENT OF HUMAN RESOURCES D. K. COOK DIRECTOR MEMORANDUM TO: MARY H. ALLEN, CLERK TO BOARD OF SUPERVISORS FROM: ANITA HAMMMERSTROM, TRAINING COORDINATOR ~; RE: RECOGNITION OF "EXTRA MILE" CLUB NOMINATIONS DATE: October 29, 1992 As per our discussion on this date, it has been six months since the last group of employees were recognized for their nominations into the "Extra Mile" Club. I have approximately 187 employees who have been nominated since May, 1992. As per the recommendation of the Board in May, 1992, we were going to recognize these employees every six months and it is now time to do this. Also, as we discussed, you were going to put this item on the agenda for December 1, 1992. Thank you for your assistance in this matter. P.O. BOX 29800 • ROANOKE, VIRGINIA 24018-0798 • (703) 772-2018 ® Recyded Paper ~ ~/~s MEMORANDUM TO: FROM DATE: SUBJECT: Paul Mahoney County Attorney ./J~ L f~ ~( Elmer C. Hodge County Administrator October 9, 1992 Revisions to the Parade Permit Ordinance Chairman Eddy has requested several changes to the Parade Permit procedure. Attached is a memo from Mr. Eddy dated June 1, 1992 with his suggested revisions to the ordinance. I would like to take this ordinance to the Board of Supervisors on the October 27 meeting. The changes recommended by Mr. Eddy are minor and should not require more than 15 to 20 minutes of staff time. Thank you. CC: Lee Eddy, Chairman of the Board Mary Allen, Clerk to the Board ~, /'~ ~ ~ ~r ~_ ,~' % i ,/~ fit `t`/ ..,,~ ,~-=~-G'~-~t_-~CY~ , . ~ ` t _,~ L~ !' ~~~ ~ ~ /; 4 ~i 'r MEMO - 6/1/92 To: Elmer Hodge From: Lee B. Eddy Subject: Parades Thank you for your letter of May 27, 1992 with information on the May 9 Four-Mile Run and background information on parade permit procedures. Several related comments are offered: 1. The permit was dated 5/6/92. The race was held on 5/9/92. A copy of the permit appeared in the Board Reading File with a stamped date of 5/12/92. Copies of the permit for County officials may have been received after the date of the race. 2. The ordinance says that permit copies are to be sent to the County Administrator, Assistant County Administrator of Public Facilities (?), Commonwealth Attorney, Chairman of the Board of Supervisors, and each Supervisor whose district the parade route will travel. Copies of the permit for the May 9 race were indicated only for the "County Engineer", Commonwealth Attorney, and Chairman of the Board. Therefore, you and Supervisor Minnix would not have received any notice except for the copy that ended up in the May 12 Board Reading File. 3. The ordinance says that applications for permit must be filed at least 15 days prior to the date of the parade, that the police chief has seven days to respond, and that the applicant has eight days to appeal a denial to the Circuit Court. This schedule does not make sense to me. I think applications should be made at least 30 days in advance. 4. The ordinance makes no provision for notifying businesses and residents along the parade route who might be adversely affected. I think the ordinance should require the parade applicant to notify, by mail or door hanger, at least seven days in advance, each owner or tenant whose access may be restricted by the parade. The notice should specify the location, date and times that access will be restricted. By copy of this memo to Paul Mahoney, I request his comments as to whether my suggested changes to the County's parade ordinance are permissible under state law. By copy to Board members, I solicit their comments as to whether a change in the ordinance should be considered. By copy to Chief Cease, I respectfully suggest that copies of future parade permits be distributed in accordance with the ordinance, and in sufficient time for County officials to be notified in advance of the event. cc: Supervisors Elmer Hodge, Paul Mahoney, John Cease MEMORANDUM TO: Lee Eddy ~. FROM: Elmer C. Hodge DATE: November 13, 1992 SUBJECT: Future Agenda Items Listed below are responses to your questions during our meeting yesterday afternoon: Landfill and Water Project Reports Because of the holiday meeting schedule, these reports are scheduled for December 15. In addition to the reports, we will have our quarterly presentation from the Resource Authority, Mr. Craig and the consultants. Forest Edge Cliff Craig advised me they are still working on the option and should start drilling within one week. Notification of Zoning Changes Terry Harrington plans to bring this to the Board of Supervisors at the first meeting in January (January 12). He plans to follow the` suggestions outlined in your November 2 memo. Recorded Messages By copy of this memo, I am requesting that John Chambliss prepare a report for the December 1 meeting on public usage of the recorded messages. Dixie Caverns By copy of this memo, I am requested that Paul Mahoney be prepared to update the Board on the Dixie Caverns cleanup. CC: Members of the Board of Supervisors Terry Harrington John Chambliss Paul Mahoney Clifford Craig John Hubbard Mary Allen DECEMBER 15 r.'Presentation -Anti Dug Grant Presentation -Landfill, Water Projects ;~ PH -'"Condemnation of Easement ~~-mend Conditions -Auto Parts Facilities '~~reezing prop. tax -Disabled Vets Zoning Ma s V~1~~~ ~~ ;~'~eport from Consultants -Sewage Treatment Plan ~. ~ ~'~ ,~ t ~EE~I t?F= Efi,SE~ENT A.N~ AS~~~NMENT THIS DEED, DEED OF EASEMENT AND ASSIGNMENT; made this 24th day ofJuly 1992; by and hetween; L & S Enterprises hereinafter referred to as the "Developer;" party of the first. part; the BOARD OF SUPERVISORS OF ROANOKE COUNTY; VIRGINIA; hereinafter .referred to as the "Board;" party of the ser_.nnd Hart; and EI MER C. HODGE; Cn~inty Administ.rat.or rf RoanokF County; VIRGINTA; party of the third part., W I T N E S S E T H. THAT FOR AND IN CONSIDERATION of the mutual benefits to accrue; the Developer does hereby GRANT; CONVEY; ASSIGN AND TRANSFER.; with the r_.nvenant.s of GENERAL WARRANTY OF TITLE; in fee simple unto the Board all water and/or sewer lines, valves, fittings, laterals; connFcfiinns; storage facilities; so!~rces of water supply, pumps, manholes and any and all other enuinment. and appurtenances thereunto, in and to the Water and/nr sewer systems in the streets; avenues and p~_!bl it ut.i. 1 ity, water and,/or sewer easement. areas that have heen pr may hereafter he installed by the Developer; along with the right. to perpet~_~a11y use and occury the easements in which th? same may he located; all of which is mnre particularly shown and described and designated as follows; t.o wit.; As shown nn the plan entitled Woodbridge -Sect. 12 dated February 190 made by Balzer & Associates and nn f i 1 e i n the Roa.nok.e Co~_mty Engineering Department. PaaP 1 of 3 The peveloper tines hereby covenant and warrant that. it will be responsible fur the pruner instal.latinn and const.rur_,tion of the saki water and/or sewer SyGtems including repair of surface areas affected by settlement. of utility t.re.n.ches for a period of one (1l year after date of acceptance by the Roard and will. perform any necessary repairs at. its cost, Elmer C, Hedge, County Ac_imirtist.ratnr of Roanoke Coi_~nt.y; Virainia; party of the third part; hereby joins in the execution of this instrument to signify the acceptance of this conveyance pi_arsllant. toR.esolution Nn, adapted by the Board of Supervisors of Roanoke County; Virginia, WIT~JESS THE ppILOWINC signatures and seals; peveloner; L & S_ inter rises A'. pp~; w `~ D, .~ " f _ ~y: 1 °r: As; State of: U w .-~cu.~y/City of: _ ~ to wit: The foregoing deed w s acknowledged hefore me this: o ~'~ day of 19 ~; By: ~ !~ as D~_aly authorized,/o fiver Title on behalf of o~ y ~J rs~ 0.~~ - -Jotary P~_~blic My Commission expires: /~3//9~ Page 2 of 3 Annaroved as to form; Co~,nty Attorney State of: co~_~nty/c:i ty of Rv to Wjt: The foregoing deed was ae:k.nowledaed hefore me this_ day of ig by Elmer ~, HOdae; Cotanty Admjnjstrat.or; nn hehalf~of the Roard of St~nFrvjsors of R.oanok.e (_:ot~nt.y, Virginia, Notary Public: My Commission eXnir~s: Coi~nt.y Administrator of Rpar?ok.e Co~inty, Virginia Elmer ~. NodgP R?V1Sed iQ!1~/9n paaP .3 of 3 DEED CAF EASEMENT AND A~S~cNMENT THIS DEED, DEED OF EASEMENT AND ASSIGNMENT, made this 26th day of A~_~gust 19 91 by and between; VillaaP Associates, Ltd, hereinafter referred to as the "Developer," party of the first. part; the BOARD OF SttPERVISORS OF ROANOKE COUNTY, VIRGINIA, hereinafter referred to as the "Beard," party of the second part; and ELMER C, HODGE; County Administrator of Roanoke County; VIRGINIA; party of the third part, : W I T N E S S E T H; THAT FOR AND IN CONSIDERATION of the mutt_aal benefits to accr~~e; the Developer does hereby GRANT, CONVEY, ASSI~;N AND TRANSFER.; with the covenants of GENERAL WARRANTY OF TITLE; in fee simple unto the Board all water and/or sewer lines, valves, fittings, laterals, connections, storage far_.ilities, sources of water s~_~pply, p~-amps, manholes and any and all other equipment and app~_artenances thereunto, in and to the water and/nr sewer systems in the streets; avenues and public uti 1 ity; water and/or sewer easement areas that have been or may hereafter be installed by the Developer, along with the right. t.o perpetually use and occ-_~pY the easements in which the`same may he located, all of which is more particularly shown and described and designated as follows; t.o wit-: As shown nn the plan entitled The Village, Phase II dated August 17 , 19 $8 made by Balzer and Associates and nn file in the Roanoke County Engin?ering Department. Page 1 of The Developer does hereby cavenant. and warrant that it will be responsible far the proper inst.allatian and r_.anstructian of the said water and/or sewer systems including repair of surface areas affected by settlement of utility trenches far a period of ane f11 year after date of acceptance by the Board and will perform any necessary repairs at. its cast, Elmer C. Hodge; County Administrator of Roanoke County, Virginia; party of the third part, herehy jams in the execution of this instrument to signify the acceptance of this conveyance pi_i.rs~_iant. t.o Resolution Na, adapted by the Board of S«pervisars of Raanake Co~_anty, Virginia. WITNESS THE F~LIOWING signatures and seals; Developer: /I/I , G-.~ By: As: State af: County/City to wit: J h foregoing deed was acknowledged before me this- `~ f day of ~c <~ , 19 ~, By: CCc as ~c..2a Duly authorized officer Title /1 an hehal f of ~~,(~, ~ ~t~ QCL~t~j ~-' Nat`ary Public My Commission expires: ~~~/-~/~7~~ '~~i J~/ Page 2 of 3 Approved as to form: County Attorney RY State nf: Cn~,mty,/City nf: Cni_~nty Administrator of Rnannke County; Virginia Elmer C. Hodge to wit: The foregoing deed was acknowledged before me this: , day of 19 , by Elmer C. Hodge; County Administrator; nn behalf of the Board of Supervisors of Rnannke Cn~_anty, Virginia, Notary Public My Commission expires: Revised 1n/16/9C Page 3 of 3 DEED caF EASEMENT AND ASSSC_aNMENT THIS DEED, DEED OF EASEMENT AND ASSIGNMENT; made this 10th day of June 19 92; by and between; T.C.E. Development, Inc. hereinafter referred to as the "Developer," party of the first part; the BOARD OF Sl1PERVISORS CF ROANOKE COt1NTY; VIRC;INIA; hereinafter referred t.o as the "Board;" party of the second Hart; and ELMER C. HODGE, Cplinty Administrator of Roanoke County; VIRG_.INIA; party of the third part, ; W I T N E S S E T H THAT FOR ANp IN CONSIDERATION of the mut~ial benefits to accrt,e; the Developer (iQP_.$ hereby GRANT, CONVEY; ASSIrN AND TRANSFER; with the covenants of GENERAL WARRANTY OF TITLE; in fee simple into the Board all water and/nr sewer lines, valves, fittings, laterals; connections; st.oraae facilities; sot_ar~:es of water s~~pply; pimps, manholes and any and all other P_.C~l~ipfllP_.i'~t and appllrtenanCPS tk'1erP_.l1ntQ; In and t.Q t•r18 Water and/Or Sealer systems 'In the Streets; aVP_.t'~l_~P_.S and p~1fJ11C;' lltl l lty; WatP_.r and/Qr SP_.yJP_.r easement. areas that have ber_~n or may hereafter be installed by the Developer; along With the right. to perpet~~ally t_aSP_. and occupy the easements in which the-same may h? located, all of which is mere partic~~larly shown and described and designated as follows; to wit; As shown nn the plan entitled Emerald Court Subd. dated March 22 3 1g 91 made by Balzer & Associatesand nn file in the Roanoke Col.~nty Engineering Department, page 1 of 3 The Developer does hereby covenant. and warrant. that. it. will be responsible fo.r the proper installation and ~onstruct.ion of the said water and,%or sewe.r Gystems including repair of surface areas affected by set.t.lement of utility trenches for a period of one (,1,1 year after date of acceptance by the Board and will perform any necessary repai..rs at. it.s Inst. Elmer ~, Hodge; Co~~nty Administrator of Roanoke Cc~inty, Virginia, party of the thirc_i part, .h.erehy i~ins in the execution of this inst.rume.n.t. to signify the acceptance of this conveyance purst_lant to Resolution Nn, adopted. by the Board of Supervisors of Roanoke Co«nty, yirginia_ }~ITN.ESS THE FOLI CiWIN~ signatures and seals: Developer: ~ . C, ~. ~~U~'l0'D r+~.C~iyv~,lil'-.G. "(; Ry; ,~ As; State of: `~%R~~~,v~ ~ County/~i.t,.;<--a~f: '~?o~+~okP to wit.: Th~oregoing deed was acknowl.edaed before me this: ~., ,, 7 ~g day of _ 19 Duly authorized officer Title on behalf of Gv~i; i Notary %~ahl is My Commission expires: My Commission Expires April 30,1 paQP. 2 of :~ And,roved as t.o form: County At.t.orney State of; Co~_anty,/City of: By . to wit., The forPa~ing deed was acknowledged before me this: - -day of 19 , by Elmer C. Hodge; Cnu.n.ty Ad.m..inistrat.or; on hehalf~of the Board of Supervisors of Roanoke Co~_anty, Virginia, Notary Public My Commission expires: Coi.anty Administrator of Roanoke County, Virginia Elmer C. Hodge Revised 10/1f/gC Page 3 of 3 a~ \ \ 61 4BI ~. \ g 7D ~ 648 C p Ppv 1 ~~ p M~INT~IMED v O IN RO~MOIIE CDUNTT ~ ~ --'-- --- NauNS-- r3o5 N _ couccE „ ~ Hollins p~ ~~ g3i . ~ ~.4T .856 _ _ !lose] ~~, 16 _ __ ~ VICINITY MAP r NORTH i~ ,~ s c Mr'~ry~ ~; O~T, ae~e o ion ~ l _i1 ors., o °"a ' __._ i 'C\ _ _____. _ _ sal ie ~+~:r \\ \; ~~ ~' \ '~ ~~~~V ~~`~ - - ~@~ ~ ~, A ~~~ ~~~ F 63 '~~ ., ~ y° ~ ±' _ ~'~ ,~ ,~~ ®_~' ~ z~ ~ '~: '~ _ ~ '~~ D ~J . ~ 1~ ~ rT~ /~ j. _ FIESEF~\/OIP> ROAD ,~~~~~~.~ PiTE.64g ,. . . ROANOKE COUNTY ACCEPTANCE OF SEWER SERVING UTILITY EMERALD COURT SUBDIVISION DEPARTMENT r. 1~'~=1 ;; 19'?~ 1° -= FF'ii!q F'.iiH F:Ei~ i= iiF i=. Di~IN~i~ii~. F;iiH r Y ~~~ 310 First Street, SW Roanoke, V'P, 2401 i 11~"~EECI NAL "~~' ~;-~'~ ~C BER ROgNOKE REG1ONAi CNMRBER OF COMMERCE FAX TRANSIvI2'1~`I'AL TO: Mary Allen FAX: (703) 772-2089 rii ~ ~ ~Lr=~_9 F'. E+1 FAX NUMBER (703) 983-0723 FRpM; Margaret Baker Roanoke Regional Chamber of Commerce Number of Pages (including cover sheet) 3 Date: December 9, 1992 Time: 3:30 p.m. I believe this information will be sufficient. If not, phase call me. Thanks! 1~.'Gi$:•1~?a2 lg: _: FF:iiht F'pH F'Ei3 iv iiF C: ~...~, .. ., ~.,r T- Type: Regular Message Received; 09/25/92 08;04 Sub j pat ; ~iERO Flom: TLHOL$RO - TERRELL TQ; TWX -- Tom I{incaid Ti)M, SORRY ~'OR NOT GETTING YOU THE INFO YESTERDAY. THE CASE NUMBER ON THE OFFENSE IS g~-D42929. I WAS NOT ABLE. TO GET A COPY OF THE gEPORT FROM RECORDS BEFORE ALL SHUT DOWN. ANYWAY, I'I' WAS TOM ELMORE AND HIS WIFE, ESTA, THAT ORIGINALLY HEARD THE CAR PULL UP IN FRON'1" OF THEIR HOUSE. AND GOT UP TO SEE FOUR SUSPECTS, WALK DOWN THE STREE'-~', LOOKING INTQ CARS WITH FLASHLIGHTS. 'T'HEY IMMEDIATELY DYALED 911, AND TOM, CAME OUT OF THE HOUSE TO SEE WHAT WAS GOING ON. HE WAS ME'T' aY JERRY, AND DID AS JERRY HAD ADVISED HYM TO DO, THAT BEING, STAY PUT AT HIS RESIDENCE. HE DID HOWEVER NOTE SOME ACTIVITY AT THE REAR OF HTS RESIDENCE, AND UPON FURTHER INSFECTION, LOCATED THE FOUR Si0Y5 THAT WERE RESPONSIBLE FOR BREAItING INTO CARS. HE CHALLENGED fiHEM BY ORDERING THEM TO PUT THEIR HANDS BEHIND THEIR HEADS ( THEY WERE ALREADY FACE DOWN ON THE GRASS TRYING TO HIDE), WHXCH THEY COMPLIED WITH. HE THEN SUMMONED ASSISTANCE FROM THE UNIFORM PERSONNEL WFiO WERE STILL AWARE THEY BAD GUYS WERE IN THE AREA, AND WERE SCANNING THE AREA FOR THE SAME. WITHOUT HIS HELP, tT IS LIKELY THAT THE BOYS WQULD NOT HAVE BEEN LOCATED THAT SOON, OR EVEN Afi Aial,. THOUGH HE SORT Off' TOOK A CHANCE AT CHALLENGING THE SUSPECTS, IT WAS HSS HELP THAT BROUGHT THE CASE TO A SUCCESSFUL CLOSE, AND ENDED tJP WITH 2 .TUVENILES TO BE CHARGED WITH LARCENY, AND TWp ADULTS BEING CHARGED WITH TAMPERING WITH AN AUTOS (THIS WILL BE AMENDED TO A SINGLE COUNT OF LARCENY ON EACH ADULT). ~,ET ME KNOW IF YOU NEED ANYTHING ELSE.-• I WILL STILL TRY TQ DRAFT A LETTER SQQN FROM THE CHIEF TO ToM ELMORE FOR HIS ASSISTANCE, AND FORWARD A COPY TO YOU. ~ 1~;'~=+_;: 19~~'~ 1`:'y FF~iir1 FiiH F'Er i_ iIF r_ ~,i,IplTi,l~{ F~iiH Til ~ ~~~ci:.~ F,4.i.? t . } ~Q~1~~~ OLI~I~ ' ~°'~1° p~~1C~ ~~jJ~I11~~1~ PGLiGE ~ourt"c"t John H. Cease Chief of Palice ~.r . ana ~~rs . '~'raa~nas ~1ma: E: ;~&l~ Dams i,',d. Dear Tom and Es#.a, 3568 Peters Crcxk Raad ~tnanotce, vir~nia zaa2 ~ Offices 7Q3/561-807I Fsx:7Q~/561-$114 Septesn~aer 28, 19°=' way : ecent~z~ 'rz-o~ '=:t .a ms at uPI~'~ ior_ That as ~. rasu~t of .`'JLL~ ~t S:.SL..3,I1~.E S.TiCi.1r2i OI'Ill€~ ~? .^.:ri a f4li~ ind~j-~d1.id.1S Sti~X'e 3,~3~?I`2hc_Ti+~E'G~ GI14 GYlaT"~e:~ Tti~iL~'2 tam~ex'~ri; i~i%~ ai.i~.4f S 2r3Ci ~u.I`C°n~-. ~i4.54'.: Uil %:1£ S;=C:duiit Cr Lr3^ ~I3CiC@:it, ~i7t S11a~7eC4~ ti~r~ eiGii,lic':,i~?" iO48.:,°C a::ti~ C1e:,c^.~:1G=O ~1~- ~~?,1. t]er?v.1r3~,' %TI~` ~-riz~a~- Gf ~,i`7~? ur:;fLr•me~ cf~'~c.ers. dare it not fcr ;-QUA' auic~ thinking aria oi~serz-~.~:br: S~~i.iiS, ohs oer:.air~t. of ~.pPrehe~s~ori ren:air:ti oUesticxn. ~'OL~~~ _j.k~e i. i7 ..ake ~.hl~ C~~Oit.,ilrt~tl' 4~ ~DP"'$'Jrld~i: ~..^,e`'.rl~-,-t'4;, ~Qr' ,-~L~ Efi02'+i.~' .'. Td %tiiiS ?~S~ ~ 1~Cffi.L,i2.z' 3i ~.ll;'~.~-iJll~ ~5 F:° ~.,1. dS ~ Qu: UI)Se.i.~2Sh ~I3C1 ~-~? tla~sJ.e a,SSI. 45+~r1~~ LV the ~e~_'~3i)ur ~44~i iti$t= ~": ~Y`fT~'~'~F1~. .rl d ti 1Ak; Qi ~1Iiil w?'~ = ~:~Q~Li;. C.e.3 ~~~ SL:?:-C~I~G fC~:3.:1~IOFi~± l y ~~ ~ :_.Omi{`iI'L wo ~Tia~ '~~a~- C.I ~.'~~.~rl~ 3i,~Ci1 3S g'Ci.1~~eZ'-p'S fir., ;'c~r'S' ?r hiiiT:S ~O r'e37C1°r 2.5~"~SLe3PC~ ~v''..~"i!e ._&.F ."".'.ifOrC~'TYl~=`s' ~.Ummil%iiZ-. yri~~°-d~~iFi II73ti' .._:t~=n~ II7~,' '-"I'~t.1~.,t1Q2 .~-.ISC~ ~~11~Z'~Cic'i,±~:ifl `'< <~C,Li=- SlnceiGlT~ Cahn ~~ease Chief of Po'~c~ ~2 ~`'f ~°t2"I 711THL ~', ki -. r ~~ '~ '' ~ AT A 1 ~=~ ~ COUNTY , ~" c~ c. ~~ ~, ~' -= U ~~ _~ ~= ~~ ~~ <~ / 1 ACTION NO. ~~ - ~ J ~S ITEM NUMBER REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 15, 1992 ~`~S AGENDA ITEM: 1993 Preliminary Assessment Report n.Qi n ~~ ~~ COUNTY ADMINISTRATOR'S COMMENTS: ~~~ ^~ ~~~ (.~ ' • GL~ -~~ BACKGROUND : ~ (~~_~~ _,_ -~-- The 1993 Reassessment is being finalized and preparations for 3c hearings anL '~ ~~ are complete. While total amou is are subject to fluctuation due to ac ns taken during p~rb~~iearings and by the Board of Equali ion, attached , S preliminary information relative value changes in Roanoke County. n. reaso ~a~ pproved ( ) enied ( ) eceived ( ) eferred ( ) o ( ) ~9---- ~~,c0~t,~.~~- ~~%u-G~~ ~~otc/~ v ~ a ~ ~ w~ I cwt- i ~~~ rte- dt~.~v~rt-~, ~a~ ~- l e~ `~~z~~. ~ w `~-~- Motion by: ACTION ,• s -,~ ,~~ ~5 ,;,~- ~~-. ~~~ ~~~~ ~ ~._ ~V ~ ~~ -, t..~-~ h ~~- --, ~ ~ A~roved by, ~~s~ ~? ~;~~ ham' ~- l~ ~ /~ ~ ~_ ~ ~f' Elmer C. Hodge County Administrator VOTE No Yes Abs Eddy Johnson Kohinke Minnix Nickens ' i ~ ~~ 1 r~ 3, %~ `s ~ v ,~ 1993 REASSESSMENT SIIMMARY Total Assessment Total Taxable `~~ ~ ~-- Total Dollar Increase - Reassessment Total Percent Increase - Reassessment Commercial Dollar Increase Commercial Percent Increase Residential Dollar Increase Residential Percent Increase Range of Percentage Change $3,437,386,600 3,058,618,600 68,702,000 2.32% 8,004,400 1.3% 60,697,600 2.53% _ ___„_--~-ti -i 0 - ~2 5 % J i ACTION NO. ITEM NUMBER L _ fir, AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 15, 1992 AGENDA ITEM: 1993 Preliminary Assessment Report COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND• The 1993 Reassessment is being finalized and preparations for public hearings to begin January 11, 1993, are complete. While total amounts are subject to fluctuation due to actions taken during public hearings and by the Board of Equalization, attached you will find preliminary information relative to value changes in Roanoke County. Public notices and reassessment records have been run and all reasonable preparations and precautions necessary to protect Roanoke County and the public interest have been taken. ALTERNATIVES AND IMPACT: None RECOMMENDATION• None Respectfully submitted, Approved by, John D. Willey, ASA Elmer C. Hodge Director-Real Estate Assessments County Administrator PP Denied ( ) Eddy Received ( ) Johnson Referred ( ) Kohinke To ( ) __ Minnix ---------------------------------------------------------------- ACTION VOTE A roved ( ) Motion by: No Yes Abs Nickens 1993 REASSESBMENT SUM~S~-RY Total Assessment Total Taxable Total Dollar Increase - Reassessment Total Percent Increase - Reassessment Commercial Dollar Increase Commercial Percent Increase Residential Dollar Increase Residential Percent Increase Range of Percentage Change $3,437,386,600 3,058,618,600 68,702,000 2.32% 8,004,400 1.3% 60,697,600 2.53% '10 - 25%