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3/9/1993 - Regular
iff.~R7 6 THE BCIF fID~ o~ p,OANp,~.~ ~ y Z _~ ~ ~~~~~~ ~ ~~xx~~ ~e o J a 1838 ROANOKE COUNTY BOARD OF SUPERVISORS ACTION AGENDA MARCH 9, 1993 Regular Board of Supervisors meeting. Welcome to the R on t e second Tuesday and the fourth Tuesday at 3:00 meetings are held blic hearings are held at 7:00 p.m on the fourth Tuesday of eac p,m. Pu month. Deviations from this schedule will be announced. __~ V, A, OPENING CEREMONIES (3:00 P.M.) 1, Roll Call. ALL pRESE1VT AT 3:01 PM 2, Irnocation: The Reverend Michael Nevling Colonial Presbyterian Church 3, Pledge of Allegiance to the United States Flag. RE VESTS TO POSTPONE, ADD TO, OR CHANGE THE B. Q ORDER OF AGENDA ITEMS i ® pe~ycled Paper C, PROCLAMATIONS, .RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Resolution of Appreciation Upon the Retirement of Ola M. Myers, Department of Social Services. R-3993-1 HCN MOTION TO ADOPT RESO URC 2. Proclamation Declaring April 3, 1993 as Clean Valley Day and Presentation from Clean Valley Council (Ellen Aiken, Executive Director) PRESENTED BY ELLEN AII~N AND ALLEN ROBINSON EGK MOTION TO ADOPT PROC. URC D. NEW BUSINESS 1. Request for Approval of Enforcement Procedures for the Private Sector SSE/R Program (Clifford Craig, Utility Director). A-3993-2 HCN MOTION TO APPROVE STAFF REC011~II1~NDATION WITH APPEAL PROCESS: (11 ~~ARING PANEL: (21 COUNTY ADbII1VISTRATOR; ~3) BOARD OF SUPERVISORS. DRAFT ORDINANCE TO BE BROUGHT BACK FOR WORK SESSION. URC 2. Adoption of a Resolution Authorizing the Relocation of the Offices of the Commissioner of the Revenue and the Treasurer to New Office Facilities. (Paul Mahoney, County Attorney) R-3993-3 HCN MOTION TO APPROVE RESO URC 3. Request for Authorization to Submit to the State Z Committee Refinancing of Current County Debt. (Diane Hyatt, Director of Finance) R-3993-4 B T MOTION TO APPROVE RESO URC 4. Claim by the City of Roanoke For Unapproved Charges for Surplus Water. (Paul Mahoney, County Attorney) A-3993-5 B T MOTION TO DENY CLAIM URC E. OLD BUSINESS 1. Consideration of Acquisition by Condemnation of Easements Across Property Owned by G. H. Board, George D. Peoples, Deborah S. Peoples, and Acquisition of Property Owned by Michael J. Gordon. (Paul Mahoney, County Attorney) (CONTINUED FROM FEBRUARY 23. 1993 R 3993-6 LBE MOTION TO DEFER TO 3/23 -DEFEATED AYES-LBE,FM NAYS-BL~T~GK,HCN HCN MOTION TO APPROVE RESO AYES-BL~T.EGK=HCN NAYS-LBE,FM F. REQUESTS FOR WORK SESSIONS NONE G. REQUESTS FOR PUBLIC HEARINGS NONE 3 H. FIRST READING OF ORDINANCES 1. Ordinance Vacating 1.5 feet by 5.1 feet on the Southwest Side of the 25 Foot Sanitary Sewer Drainage Easement on Lot 9, Section 7 of the Orchards Subdivision located in the Hollins Magisterial District. LBE MOTION TO APPROVE 1ST READING 2ND - 3/23/93 URC I. SECOND READING OF ORDINANCES 1. Ordinance Authorizing a Lease with the Roanoke Valley Youth Soccer Club, Inc. for use of Real Estate Located North of Glade Creek at Vineyard Park #2. (Paul Mahoney, County Attorney) jCOr~TINUED FROM FEBRUARY 9, 1993) 0-3993-7 B T MOTION TO ADOPT ORD URC 2. Ordinance Vacating a 50-Foot Unimproved Paper Street Referred to as Loman Drive and Shown on the Map of North Burlington Heights, Section 1, upon the Petition of Fred Holdren. (Arnold Cavey, Director of Engineering & Inspections) (CONTINUED FROM FEBRUARY 23. 1993. 0-3993-8 EGK MOTION TO CALL FOR THE QUESTION AYES-EGK,LBE NAYS-BLLT,HCN,FM B .T MOTION TO ADOPT ORD AYES-BI~,j,EGK,FM NAYS-LBE,_CN 4 3. Ordinance Authorizing Corneyance of a 0.492 Acre Tract of Land at Valleypointe to Lingerfelt Development Corporation. (Tim Gubala, Economic Development Director) 0-3993-9 EGK MOTION TO ADOPT ORD URC 4. Ordinance Authorizing the Financing of Certain County Facilities. (Diane Hyatt, Finance Director) 0-3993-10 HCN MOTION TO ADOPT ORD AYES-BT~T~•GK,HCN,FM ABSTAIN-LBE 5. Ordinance to Vacate a 10 Foot by 24 Foot Waterline Easement Located on Common Property Line of Lots 37 and 38, Hunting Hills Place, Section 3 Subdivision, Located in the Cave Spring Magisterial District. (Arnold Corey, Director of Engineering & Inspections) 0-3993-11 EGK MOTION TO ADOPT ORD URC 6. Ordinances Declaring Certain Properties to be Surplus and to Authorize the Sale of Said Properties (Paul Mahoney, County Attorney) B T MOTION TO SEPARATE ISSUES - UW a. Sumerdean Lot A 0-3993-12.a B T MOTION TO ADOPT ORD AS AMENDED BY PMM URC b. Brooklawn, Well Lot 0-3993-12.b B T MOTION TO ADOPT ORD AS AMENDED BY PMM 5 URC J. NONE K. APPOIlVTMENTS 1. Library Board CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTIlVE AND WII.L BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, 1TIAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WII.L BE CONSIDERED SEPARATELY. R 3993-13 EGK MOTION TO ADOPT RESO AFTER DISCUSSION OF ITEMS 6 AND 8 URC 1. Minutes of Meetings -January 12, 1993, January 26, 1993, February 9, 1993. 2. Resolution of Support for the Continuation of Federal Community Service Block Grants to Fund Total Action Against Poverty. R-3993-13.a 3. Approval of a Raffle Permit for the Valley Network Business and Professional Women's Club of Roanoke, Virginia. A-3993-13.b 4. Approval of a 50/50 Raffle Permit for 1993 for the William Byrd High School Cheerleading Booster Club. A-3993-13.c 5. Approval of Revisions to the Bylaws of the Mental Health Services of the Roanoke Valley. 6 A-3993-13.d R-3993-13.e R-3993-13.f A-3993-13.~ L. 6. Request for Acceptance of Bushdale Road into the Virginia Department of Transportation Secondary System. 7. Request for Acceptance of Duxbury Lane and Brewster Circle into the Virginia Department of Transportation Secondary System. 8. Acceptance of a Quitclaim Deed for Right-of--Way for Tinkerdale Road Extension. REPORTS AND INQUIRIES OF BOARD MEMBERS SUPERVISOR TOHNSON: ~1) RECEIVED LBE'S DRAFT LETTER TO VP GORE AND COMII~NDED LBE. WOULD LIKE TO SIGN LETTER LBE INVITED ALL BOARD MEMBERS TO SIGN. (2) MET WITH CITIZENS REGARDING FACILITY AT NORTHSIDE HIGH SCHOOL. ASKED ECH TO MEET WITH BAYES WILSON REGARDING NSHS FACILITIES AND REPORT BACK IN SPRING. SUPERVISOR KOHINKE: (1) ALSO COMII~NDED LBE ON LETTER TO GORE. (2) ALSO MET WITH CITIZENS AT NORTHSIDE HIGH SCHOOL. ~3) EXPRESSED PRIDE IN THE RESPONSE FROM THE FIRE AND RESCUE DEPT. TO THE HOLIDAY INN-SALEM FIRE. SUPERVISOR EDDY: ~1) RECEIVED COMPIAIIVTS FROM CITIZENS ON COX CABLE REGARDING CHANGE IN BILLING DATES. HCN MEMBER OF CABLE TV CONIlVIITTEE~ADVISED COINIlVIITTEE HAS NO CONTROL OVER SETTING OF THE CABLE RATES OR PROGRANIlVIING. (2) ASKED FOR REPORT ON COST OF THE SPRING HOLLOW GROUNDBREAKING, WHERE _THE MONEY CAME FROMa AND WHO AUTHORIZED THE EXPENSES. SUPERVISOR 112IN1~TIX: EXPRESSED CONCERN ABOUT THE VIOLENCE ON CABLE TV. M. CITIZENS' CO1bIlVIEEN'TS AND COMMUNICATIONS NONE N. REPORTS B ~T MOTION TO RECEIVE AND FILE_ UW 1. 2. 3. 4. General Fund Unappropriated Balance Capital Fund Unappropriated Balance Board Contingency Fund Accounts Paid -February 1993 O. WORK SESSIONS 1. Joint Work Session with the Planning Commission DRA~~ ORDINANCE TO BE BROUGHT BACK. LBE REQUESTED THAT RENTAL PROPERTY EXCLUSION BE OMITTED. 2. Budget Work Session NO CONSENSUS TO CHANGE MACHINERY AND TOOLS TAX RATE OR ASSESSMENT METHODOLOGY. REVISED BUDGET CALENDAR PRESENTED. P. EXECUTIVE SESSION pursuant to the Code of Virginia 2.1- 344 (a) BIzT MOTION AT 630 P.M. URC s Q. CERTIFICATION RESOLUTION R-3993-14 HCN MOTION TO ADOPT RESO AT 7:03 P.M. URC EVENING SESSION R. PUBLIC HEARINGS 1. Public Hearing for Citizen Comment to set the following tax rates: (Reta Busher, Director of Management & Budget) 9 CITIZENS SPOKE HCN ASKED ECH TO SET UP EDUCATION SENIINAR IN CO1bIlVIiJNTJCY ROOM TO EXPLAIN ASSESSMENT PROCESS TO CITIZENS a. To set a Real Estate Tax Rate of Not More than $1.13 per $100 Assessed Valuation. b. To Set a Personal Property Tax Rate of Not More than $3.50 per $100 Assessed Valuation and a Machinery and Tools Tax Rate of Not More than $3.00 per $100 Assessed Valuation. S. PUBLIC F[FAItING AND FIRST READING OF ORDINANCES 1. Ordinance Amending and Reenacting Section 21-202 of the Roanoke County Code Authorizing an Increase in the Transient Occupancy Tax from 2% to 5%, Allocating the Proceeds from This Increase, and Providing for an Effective Date. (Paul Mahoney, County Attorney) HCN MOTION TO APPROVE 1ST READING 2ND - 3/23/93 AYES-EGK,HCN,LBE NAYS-BI.~T,FM 9 CONIlViEN'rS AND CO~,~JNICATIONS T. CrI'IZENS N_-NE U. ~JOifRNMENT B Mar[ox ~ro nn out AT s:oo r.M. to O~ POAN ~,~ z p o _ ~ ~~ ~~~~~.Q a ~~~~ 1838 ROANOKE COUNTY BOARD OF SUPERVISORS AGENDA MARCH 9,1993 Regular Welcome to the Roanoke County Board of Sup hivi fourth Tuesday at 3:00 meetings are held on the second 1~iesday and t ,m. Public hearings are held at 7:00 p.m on the fourth Tuesday of each P month. Deviations from this schedule will be announce V, A. OPENING CEREMONIES (3:00 P.M.) 1. Roll Call. Z. Irnocation: The Reverend Michael Nevling Colonial Presbyterian Church 3. Pledge of Allegiance to the United States Flag. g, REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Resolution of Appreciation Upon the Retirement of Ola 1V1. Myers, Department of Social Services. i ® Recycled Paper 2. Proclamation Declaring April 3, 1993 as Clean Valley Day and Presentation from Clean Valley Council (Ellen Aiken, Executive Director) D. E. F. G. NEW BUSINESS 1. Request for Approval Private Sector SSE/R Director). of Enforcement Procedures for the Program (Clifford Craig, Utility 2. Adoption of a Resolution Authorizing the Relocation of the Offices of the Commissioner of the RP ulu Mahoneye Treasurer to New Office Facilities. County Attorney) 3. Request for Authorization to n uCo in t Debte (Diane Committee Refinancing of Curre t3' Hyatt, Director of Finance) 4. Claim by the City of Roanoke For Unapproved Charges for Surplus Water. (Paul Mahoney, County Attorney) OLD BUSINESS 1. Consideration of Acquisition by Condemnation of Easements Across Property Owned by G. H. Board, George D. Peoples, Deborah S. Peoples, and Acquisition of Property Owned by Michael J. Gordon. (Paul Mahoney, County Attorney) (COriTINUED FROM FEBRUARY 23. 1993 REQUESTS FOR WORK SESSIONS REQUESTS FOR PUBLIC HEARINGS a H. I. FIRST READING OF ORDINANCES 1, Ordinance Vacating 5.1 feet by 1.5 feet on the Southwest Side of the 25 Foot Sanitary Sewer Drainage Easement on Lot 9, Section 7 of the Orchards Subdivision located in the Hollins Magisterial District. SECOND READING OF ORDINANCES 1, Ordinance Authorizing a Lease with to 1 Est to Located Youth Soccer Club, Inc. for use of R (paul North of Glade Creek at VineyCaOrd~INUED 2. FROM Mahoney, County Attorney) FEBRUARY 9,1993 2. Ordinance Vacating a 50-Foot Unimproved Paper Street Referred to as Loman Drive and Shown on the Map of North Burlington Heights, Section 1, upon the Petition of Fred Holdren. (Arnold Covey, Director of Engineering & Inspections) COr~TINUED FROM FEBRUARY 23 1993. 3. Ordinance Authorizing Co~eyancein erf et 9Development of Land at Valleypointe to L g Corporation. (Tim Gubala, Economic Development Director) 4, Ordinance Authorizing the Financing of Certain County Facilities. (Diane Hyatt, Finance Director) 5. Ordinance to Vacate a 10 Foot by 24 Foot Waterline Easement Located on Common Property Line of Lots 37 and 38, Hunting Hills Place, Section 3 Subdivision, Located in the Cave Spring Magisterial District. (Arnold Covey, Director of Engineering & Inspections) 6. Ordinances Declaring Certain Properties to be Surplus and to Authorize the Sale of Said Properties (Paul 3 Mahoney, County Attorney) a. Sumerdean Lot A b. Brooklawn, Well Lot J. K. APPOIN'rMEr1TS 1. Library Board CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSRE ~E A~NDA ARE CONSIDERED BY THE BOLA O SON IN T~ FORM WILL BE ENACTED BY ONE OR FORMS LISTED BELOW. IF DISCi7SSIOI~~IS CONS~ENT~ THAT ITEM WII•L BE CONSID RED SEPARATELY. AGENDA AND WILL BE 1. Minutes of Meetings -January 12, 1993, January 26, 1993, February 9, 1993. 2. Resolution of Support for the Contin and Tot 1 Action Community Service Block Grants to F Against Poverty. 3, Approval of a Raffle Permit for ~S hClubal of Roanoke, Business and Professional Women Virginia. 4. Approval of a 50/50 Raffle Permit for 1993 for the William Byrd High School Cheerleading Booster Club. 5, Approval of Revisions to the Bylaws of the Mental Health Services of the Roanoke Valley. 6. Request for Acceptance of Bushdale Road into the Virginia Department of Transportation Secondary System. 4 uxbury Lane and Br~vster tance of D of Transpo~ation 7. Request for Acc Virginia Department Circle intoS is em. Secondary y ht.of--Way for e of a Quitclaim Deed for Rig 8. Acceptanc Tinkerdale Road Extension. ERS IlvQDIRIES OF BOARD NIE~ L. REPORTS AND NTS A~ C011rIlVNNI~~ONS M. ~TIZENS' C011~IlVIE N. REPORTS 1. 2. General Fund Unappropriated Balance Ca ital Fund Unappropriated Balance P 3, Board Contingency Fund Accounts Paid -February 1993 4. O. WORK SESSIONS ession with the Planning Commission 1, Joint Work S 2, Budget Work Session rsuant to the Code of Virginia 2.1- p• E~C~~ SESSION Pu 344 (a) CER~CATION RESOLUTION Q• 5 EVENING SESSION R. PUBIC ~gIlVGS Public Hearing for Citizen 1. tax rates: (Reta Busher, Budget) Comment to set tae eme~t n& Director of Man g a Real Estate Tax Rate of Not More than a. To set er $100 Assessed Valuation. $1.13 p t a Personal Property Tax Rate ~ on a d °ra b, To Se than $3.50 per $100 AssesRsate of 1Not More than Machinery and Tools Tax $3.00 per $100 Assessed Valuation. FIRST READING OF ORDD~NCES S. PUBIC ~gJNG AND 'on 21-202 of and Reenacting Secti 1, Ordinance A County e Code Authorizing an In llocating the the Roanok Transient Occupancy Tax from 2 and Providing for an This IncreaseCounty Attorney) Proceeds from Effective Date. (Paul Mahoney, COMI~~NTS AND COh,~I~TIONS T, CITIZENS U, ADJOi:f RNN~NT 6 r ~ ~~ AT A REGULAR MEETING O TH8 ROANORE OCOUNTYRADMINISTRATIONO ENTER TY, VIRGINIA, HELD AT CH 9, 1993 ON TUESDAY, MAR RESOLUTION 3993-1 E%PRESSING THE APPRECIATION OF THE BOARD OF 88 YEARSOOF SERVICE TO ROANORE COUNT M. MYERS FOR OVER 2 WHEREAS, Ola M. Myers was first employed in November, 1964, as a Clerk-Stenographer B in the Department of Social Services; and was promoted to Clerk III in 1974 in the Department of Social Services; and WHEREAS, during her employment, Ola M. Myers served as a unit secretary to the Child Welfare staff, providing many years of loyal and dedicated service, taking particular interest in the well-being of the children who came into care; and WHEREAS, in the first month of retirement, Ola M. Myers has put forth 50 hours of volunteer service in the Department of Social Services. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to OLA M. MYERS for over 28 years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful and productive retirement. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Keith Cook, Director, Human Resources Resolutions of Appreciation File AT A REGULAR MEETING OTHE ROANOREOCOUNTYRADMINISTRATI NOCENTER~Y~ VIRGINIA, HELD AT ON TIIESDAY, MARCH 9, 1993 RESOLIITION EgPRESSING THE APPRECIATION OF THE BOARD OF SIIPERVISORS OViCRO TOO gOANORE COUNTYA M. MYERS FOR OVER 28 YEARS OF SER WHEREAS, Ola M. Myers was first employed in November, 1964, as a Clerk-Stenographer B in the Department of Social Services; and was promoted to Clerk III in 1974 in the Department of Social Services; and WHEREAS, during her employment, Ola M. Myers served as a unit secretary to the Child Welfare staff, providing many years of loyal and dedicated service, taking particular interest in the well-being of the children who came into care; and WHEREAS, in the first month of retirement, Ola M. Myers has put forth 50 hours of volunteer service in the Department of Social Services. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to OLA M. MYERS for over 28 years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful and productive retirement. ACTION NO. ITEM NUMBER AT A REGIILAR MEETING OF THE BOARD OF SIIPERVISORS OF ROANORE COIINTY, VIRGINIA HELD AT THE ROANORE COIINTY ADMINISTRATION CENTER MEETING DATE: March 9, 1993 AGENDA ITEM: Proclamation Declaring Saturday, April 3, 1993 as Clean Valley Day and Presentation by Clean Valley Council COIINTY ADMINISTRATOR'S COMMENTS: SIIMMARY OF INFORMATION: Clean Valley Council has requested time on the March 9 agenda to present a brief overview in the form of a slide presentation of the purpose and programs of the Clean Valley Council. Ellen Aiken, Executive Director, and one of their officers will speak to the Board. They have asked for 10 minutes, and have also requested adoption of a Proclamation declaring Saturday, April 3 as Clean Valley Day. STAFF RECOMMENDATION: It is recommended that the Board of Supervisors declare April 3 as Clean Valley Day in the Roanoke Valley. Elmer C. Hodge County Administrator Approved ( ) Denied ( ) Received ( ) Ref erred ( ) To ( ) ACTION Motion by: VOTE No Yes Abs Eddy Johnson Kohinke Minnix Nickens -~ AT A REGIILAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 9, 1993 PROCLAMATION DECLARING APRIL 3, 1993 AS CLEAN VALLEY DAY IN ROANORE COUNTY WHEREAS, Roanoke County is concerned about the environment, and strongly encourages its citizens to re-use and recycle waste material; and WHEREAS, one of the major threats to the environment of the County is waste which is not disposed of properly, thus littering the scenic beauty of the Roanoke Valley with debris which is not only unsightly, but can also provide a breeding ground for disease, insects and vermin; and WHEREAS, the Clean Valley Council has been authorized by the County of Roanoke, the City of Roanoke, the City of Salem, Botetourt County and the Town of Vinton to plan, budget for and operate a cooperative litter control program; and WHEREAS, the Clean Valley Council sponsors Clean Valley Day on an annual basis to encourage volunteer groups to become involved in clean-up efforts throughout the area; and WHEREAS, Clean Valley Day will be held this year on April 3. NOW, THEREFORE, WE, the Board of Supervisors of Roanoke County, Virginia, do hereby proclaim Saturday, April 3 as CLEAN VALLEY DAY in Roanoke County, and urge all citizens to participant in this project. ~ -a Clean Valley Council TO: The Roanoke County Board of Supervisors FROM: Clean Valley Council, Inc. (CVC) RE: CVC Presentation for 3/9/93 Board meeting Clean Valley Council is a nonprofit, educational organization which promotes litter control, recycling, and waste minimization. It has, since 1978, provided the Roanoke Valley a variety of programs related to responsible waste management practices. The slide presentation to be given at your March 9 meeting will be a brief summary of our activities generally, with particular emphasis on those projects which are newly developed. Our goal is to provide the Board with updated information about our .organization and the services available to the citizens of Roanoke County. The presenters will be CVC Vice-President Allan C. Robinson, Jr. and Executive Director Ellen Aiken. Enclosed for your review is a copy of our latest newsletter. 3/5/93 ® P.013ox3320 • RoanokeValley,Virginia24015-1320 • Phone(703)345-5523 100q Recycled Paper * .. ACTION # A-3993-2 ITEM NUMBER ~ ' l AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 9, 1993 AGENDA ITEM: Request for Enforcement Procedure for the Private Sector SSE/R Program COUNTY ADMINISTRATOR' S COMMENTS : ~~a^I~._I_.,~ I7!'~ //~~ ~'^ .. . ~i~ IA. ~1+r4~/~r~~owK rd4! ~ C~'~ • d __ BACKGROUND' The existing County sewer ordinance provided for violations to be punishable by "a fine of $1,000 per violation per day and confinement in jail for not more than 12 months, either or both." In previous discussions concerning the SSE/R Program, the Board of Supervisors asked staff to bring back recommendations whereby violations of the sewer ordinance relative to infiltration or inflow from a building could be handled by a lesser punishment than the general provisions for violations contained in the ordinance. DISCUSSION' Staff proposes to modify the existing County sewer ordinance by adding a section specifically addressing "Enforcement and Penalty Relative to Infiltration or Inflow from Buildings or Building Sewers." The following is a suggested modification to the ordinance. ENFORCEMENT & PENALTY RELATIVE TO INFILTRATION OR INFLOW FROM BUILDINGS OR BUILDING SEWERS (1) When the Utility Director determines a violation exists under this section, the property owner shall be notified by certified mail that they are in violation of Section 18-156 of this code relative to improper discharge into the public sanitary sewer system. Notice of right of appeal shall be included. ' '~ s` ~-~ (a) For buildings with infiltration and/or inflow determined by the Utility Director to be in excess of 400 gallons per day into the public sewer system, the property owner will be given six (6) months in which to correct the facilities contributing the infiltration and/or inflow into the public sewer system. If the property owner fails to make adequate corrections at the end of the six (6) months, the property owner shall be in violation of this section and the County shall terminate public water and sanitary sewer services to protect the public health, safety, and welfare. (b) For buildings with infiltration and/or inflow determined by the Utility Director to be less than 400 gallons but more than 100 gallons per day into the public sewer system, the property owner will be given six (6) months in which to correct the facilities contributing the infiltration and/or inflow. If the property owner fails to make corrections at the end of the six (6) months, the property owner shall be in violation of this section and shall pay a penalty of $100.00 per month until required corrections have been made. If the property owner fails to make corrections after a period of twelve (12) months from the initial notification stated in (1) above or fails to pay the $100.00 per month penalty, the County shall terminate public water and sanitary sewer services to protect the public health, safety, and welfare. (c) For buildings with infiltration and/or inflow determined by the Utility Director to be less than 100 gallons but more than 30 gallons per day into the public sewer system, the property owner will be given six (6) months in which to correct the facilities contributing the infiltration and/or inflow. If the property owner fails to make corrections at the end of the six (6) months, the property owner shall be in violation of this section and shall pay a penalty of $50.00 per month until required corrections have been made. If the property owner fails to make corrections after a period of twelve (12) months from the initial notification stated in (1) above or fails to pay the $50.00 per month penalty, the County shall terminate public water and sewer service to protect the public health, safety, and welfare. (2) After corrections have been made, the property owner shall request in writing that the County Utility Department re- inspect the building to verify that adequate corrections have been made and to conclude all proceedings against the property owner. (3) To reinstate public water and sewer services terminated under this section, the property owner shall: (a) make adequate corrections to the facilities allowing the infiltration and/or inflow into the public sewer system; (b) request and have a proper inspection performed as per paragraph 2 of this section; • ` ., ~! (c) submit a written request to the Utility Director requesting reinstatement of public water and sewer services and verifying that all requirements of this paragraph have been met. (4) Right to Appeal Utility Director's Determination Any property property owner that receives a notice of violation under this section shall have a right to appeal the Utility Director's determination. Said appeal shall be made to the County Administrator within 14 days after receipt of notice of violation. The County Administrator shall forward the appeal to the Roanoke County Board of Supervisors for a hearing at the next available Public Meeting. or The County Administrator shall appoint a Hearing Panel consisting of two (2) County employees and at least one (1) County resident not employed by the County. The Hearing Panel shall meet to hear and render a decision within two (2) weeks of the appeal. The decision of the Hearing Panel may be appealed to the Roanoke County Board of Supervisors. RECOMMENDATION• It is recommended that the Board of Supervisors direct staff to modify the sewer ordinance to include the above provisions as modified during presentation at the Board meeting. SUBMITTED BY: APPROVED: /~ `i 9v Cliffor g, P.E. Elmer C. Hodge Utility Director County Administrator ACTION VOTE Approved (x) Motion by: Harry C. Nickens No Yes Abs Denied ( ) to approve staff recommenda- Eddy x Received ( ) tion with a eal process: Johnson x Referred (1) Hearing Panel (2) County Kohinke x to Administrator (3) Board of Minnix x Supervisors. Draft ordinance Nickens x to be brought back for work session cc: File Clif ford Craig, Director, Utility Paul Mahoney, County Attorney AT A REGIILAR MEETING OF THE BOARD OF SIIPERVISORS OF ROANORE COIINTY, VIRGINIA, HELD AT THE ROANORE COIINTY ADMINISTRATION CENTER ON TIIESDAY, MARCH 9, 1993 RESOLIITION 3993-3 AIITHORIZING THE RELOCATION OF THE OFFICES OF THE COMMISSIONER OF THE REVENIIE AND THE TREASIIRER TO NEW OFFICE FACILITIES WHEREAS, Section 58.1-3101 of the Code of Virginia, 1950, as amended, provides that each county commissioner of the revenue shall keep an office at the county seat of his county or at such other point in the county as the governing body of the county deems to be more convenient to the majority of the citizens; and WHEREAS, Section 58.1-3124 of the Code of Virginia, 1950, as amended, provides that the office of the county treasurer shall be maintained at the county seat or at such other point in the county as the governing body of the county deems to be more convenient to a majority of its citizens; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, by the adoption of Ordinance No. 121592-13 has authorized the acquisition of certain real estate and improvements thereon located at 5204 Bernard Avenue, Roanoke County, Virginia, for new office facilities for County government operations. NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the office of the Commissioner of the Revenue is hereby removed and relocated to 5204 Bernard Drive, Roanoke County, Virginia. The Board finds that this location is more convenient to a majority of the citizens of the County. 1 2. That the office of the Treasurer of Roanoke County is hereby removed and relocated to 5204 Bernard Drive, Roanoke County, Virginia. The Board finds that this location is more convenient to a majority of the citizens of the County. 3. This resolution shall take effect on or about August 27, 1993. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: `-~'.1~~~-fig ~- C-u-,c- Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Paul M. Mahoney, County Attorney Alfred C. Anderson, County Treasurer R. Wayne Compton, Commissioner of Revenue 2 ACTION NO. ITEM NO . ~ ~ 'Z AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 9, 1993 AGENDA ITEM: Resolution authorizing the relocation of the offices of the Commissioner of the Revenue and the Treasurer to new office facilities COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY• BACKGROUND• By the adoption of Ordinance No. 121592-13, the Board of Supervisors authorized the acquisition of certain real estate and improvements located at 5204 Bernard Avenue for new office facilities for County government operations. SUMMARY OF INFORMATION: §§ 58.1-3101 and 58.1-3142 of the 1950 Code of Virginia, as amended, provide that each county commissioner of the revenue and each county treasurer keep an office at the county seat of his county or at such other point in the county as the governing body of the county deems to be more convenient to the majority of the citizens. STAFF RECOMMENDATION: Staff recommends the adoption of the attached resolution authorizing the relocation of the offices of the Commissioner of the Revenue and the Treasurer pursuant to State Code provisions. spectfully submitted, r,,~~,,,i ,' ~_`~ Paul M. Mahoney County Attorney 1 ~_z Action Vote No Yes Abs Approved ( ) Motion by Eddy Denied ( ) Johnson Received ( ) Kohinke Referred Nickens to Minnix 2 ~ -~i AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 9, 1993 RESOLUTION AUTHORIZING THE RELOCATION OF THE OFFICES OF THE COMMISSIONER OF THE REVENUE AND THE TREASURER TO NEW OFFICE FACILITIES WHEREAS, Section 58.1-3101 of the Code of Virginia, 1950, as amended, provides that each county commissioner of the revenue shall keep an office at the county seat of his county or at such other point in the county as the governing body of the county deems to be more convenient to the majority of the citizens; and WHEREAS, Section 58.1-3124 of the Code of Virginia, 1950, as amended, provides that the office of the county treasurer shall be maintained at the county seat or at such other point in the county as the governing body of the county deems to be more convenient to a majority of its citizens; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, by the adoption of Ordinance No. 121592-13 has authorized the acquisition of certain real estate and improvements thereon located at 5204 Bernard Avenue, Roanoke County, Virginia, for new office facilities for County government operations. NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the office of the Commissioner of the Revenue is hereby removed and relocated to 5204 Bernard Drive, Roanoke County, Virginia. The Board finds that this location is more convenient to a majority of the citizens of the County. 1 .~-z 2. That the office of the Treasurer of Roanoke County is hereby removed and relocated to 5204 Bernard Drive, Roanoke County, Virginia. The Board finds that this location is more convenient to a majority of the citizens of the County. 3. This resolution shall take effect on or about August 27, 1993. c:\wp51\agenda\generaI\mnstitu.mov 2 AT A REGULAR MEETING OF THE BOARD OF SIIPERVI8OR8 OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCB 9, 1993 RESOLIITION 3993-4 AUTHORIZING TSE COUNTY TO SUBMIT AN APPLICATION TO THE STATE COUNCIL ON LOCAL DEBT FOR APPROVAL OF THE ADVANCE REFUNDING OF CERTAIN OUTSTANDING BONDS OF THE COUNTY OF ROANORE WHEREAS, the County of Roanoke, Virginia ("County") has issued general obligation bonds to finance the costs of various capital improvements in the series and amounts described on Exhibit A to this Resolution ("Prior Bonds"); and WHEREAS, the Board of Supervisors has determined that it is advisable to authorize the County Administrator and such other officers and agents of the County as he may designate to determine the advisability and feasibility of issuing general obligation bonds of the County to provide funds to advance refund all or a portion of the callable Prior Bonds ("Refunding Bonds"); and WHEREAS, Section 15.1-227.46 of the Code of Virginia of 1950, as amended, requires the Board of Supervisors to submit a plan of refunding to the State Council on Local Debt ("SCLD") and advance refund the Prior Bonds: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE: 1. The Board of Supervisors authorizes the issuance and sale of the Refunding Bonds to advance refund all or a portion of the Prior Bonds upon the terms and conditions to be determined by subsequent resolution or resolutions. The Refunding Bonds shall not be issued or sold until the SCLD has approved the issuance of the Refunding Bonds. 2. The County Administrator, the Director of Finance and such officers and agents of the County as either of them may designate are authorized and directed to apply to the SOLD on behalf of the Board of Supervisors for approval of the issuance of the Refunding Bonds to refund all or a portion of the callable Prior Bonds and to take such other action as may be required to obtain SCLD approval. The County Administrator shall determine the portions of the callable Prior Bonds to be included in the plan for advance refunding to be submitted to the SCLD for approval; provided, however, that the issuance of the Refunding Bonds and the advanced refunding of each series of the Prior Bonds as determined by such officer shall produce a Present Value Savings Ratio (as defined in the State Council on Local Debt Guidelines) of not less than .03 (3%). 3. This Resolution shall take effect immediately. r Adopted by the Board of Supervisors at a meeting duly called and held on March 9, 1993. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: ~• ~~~" c Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Diane D. Hyatt, Director, Finance Paul M. Mahoney, County Attorney ACTION NO. 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: March 9, 1993 AGENDA ITEM: Refinancing of Current County Debt COUNTY ADMINISTRATOR'S COMMENTS: We need to move quickly to take advantage of favorable interest rates. We do not know exactly how great the savings may be but are hopeful it will offset the peak in debt service that we know will incur for the next two years. The net effect of this will be the leveling of debt service for schools, county and utility operations. SUMMARY OF INFORMATION: The County staff and financial advisors have for the past two years monitored the decline in interest rates to determine if any money, can be saved by refunding currently outstanding County issues. Interest rates have continued to decline and based upon information from the market in the last few weeks, it would be beneficial for the County to pursue refunding several outstanding issues. These issues include portions or all of the bonds that were issued in the following series: 1980, 1982, 1986, 1991. In order for a locality to pursue a refunding, the information must first be approved by the State Council on Local Debt. The attached resolution would allow the staff to prepare the necessary documentation to present our case to the State Council on Local Debt. The State Council on Local Debt will meet on March 17, 1993 to review a draft of our proposed refunding. Following their approval, we would like to pursue a renegotiated sale using Alex Brown & Sons as underwriters, Wheat First Securities as financial advisors, and McGuire Woods Battle & Boothe as bond council. With our experience of working with this team of professionals we should be able to put together a package within the next 30 to 45 days. We are also reviewing the possibility of an early sale of the general obligation bonds that were scheduled to be sold in the fall of 1993 in order to take advantage of these outstanding interest rates. STAFF RECOMMENDATION: Staff recommends the following: 1. Approving the attached resolution authorizing County staff to submit a refunding proposal to the State Commission. 2. Authorize staff to proceed with a negotiated sale. 3. Authorize Alex Brown & Sons to serve as underwriter. ~-3 4. Authorize Wheat First Securities to serve as financial advisor. 5. Authorize McGuire Woods Battle & Boothe to serve as bond council. R/,e~spectfully submitted, Appr/ov~e by, Diane D. Hyatt ~ Elmer C. Hod e g Director of Finance County Administrator ACTION VOTE Approved () Motion by: No Yes Abs Denied () Eddy _ _ _ Received () Johnson _ _ _ Referred () Kohinke _ _ _ To () Minnix _ _ Nickens -~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 9, 1993 RESOLUTION AUTHORIZING THE COUNTY TO SUBMIT AN APPLICATION TO THE STATE COUNCIL ON LOCAL DEBT FOR APPROVAL OF THE ADVANCE REFUNDING OF CERTAIN OUTSTANDING BONDS OF THE COUNTY OF ROANOKE WHEREAS, the County of Roanoke, Virginia ("County") has issued general obligation bonds to finance the costs of various capital improvements in the series and amounts described on Exhibit A to this Resolution ("Prior Bonds"); and WHEREAS, the Board of Supervisors has determined that it is advisable to authorize the County Administrator and such other officers and agents of the County as he may designate to determine the advisability and feasibility of issuing general obligation bonds of the County to provide funds to advance refund all or a portion of the callable Prior Bonds ("Refunding Bonds"); and WHEREAS, Section 15.1-227.46 of the Code of Virginia of 1950, as amended, requires the Board of Supervisors to submit a plan of refunding to the State Council on Local Debt ("SCLD") and advance refund the Prior Bonds: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE: 1. The Board of Supervisors authorizes the issuance and sale of the Refunding Bonds to advance refund all or a portion of the Prior Bonds upon the terms and conditions to be determined by subsequent resolution or resolutions. The Refunding Bonds shall not be issued or sold until the SCLD has approved the issuance of the Refunding Bonds. 2. The County Administrator, the Director of Finance and such officers and agents of the County as either of them may designate are authorized and directed to apply to the SCLD on behalf of the Board of Supervisors for approval of the issuance of the Refunding Bonds to refund all or a portion of the callable Prior Bonds and to take such other action as may be required to obtain SCLD approval. The County Administrator shall determine the portions of the callable Prior Bonds to be included in the plan for advance refunding to be submitted to the SCLD for approval; provided, however, that the issuance of the Refunding Bonds and the advanced refunding of each series of the Prior Bonds as determined by such officer shall produce a Present Value Savings Ratio (as defined in the State Council on Local Debt Guidelines) of not less than .03 (3%). ~- 3 3. This Resolution shall take effect immediately. Adopted by the Board of Supervisors at a meeting duly called and held on March 9, 1993. Clerk, Board of Supervisors of the County of Roanoke, Virginia EXHIBIT A County of Roanoke, Virginia $15,000,000 General Obligation Public Improvement Bonds, Series 1986 County of Roanoke, Virginia $4,700,000 General Obligation Bond, Series 1988A County of Roanoke, Virginia $15,000,000 General Obligation Water System Bonds, Series 1991 -.~ EXHIBIT A County of Roanoke, Virginia $ Bonds, Series 1986 County of Roanoke, Virginia $15,000,000 Series 1991 Public Improvement Water System Bonds, //n{, ~, ~ ~, , i 3 ~ ~ t .._ ~ _.,. ~~ ~ ~~. ,~ ~~ ~ . ~~ ~:.~_ __ ~~ DENIAL A-3993-5 ACTION-NQ. ITEM NO. ~-y AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 9, 1993 AGENDA ITEM: Claim by the City of Roanoke for Unapproved Charges for Surplus Water COUNTY ADMINISTRATOR'S COMMENTS: I recommend denial of the claim. EXECUTIVE SIJNII~iARY By letter dated February 5, 1993, the City Attorney submitted a claim on behalf of the City of Roanoke in the amount of $320,353.39 for unpaid charges from the purchase by the County of bulk water from the City for fiscal year 1991 pursuant to the contract dated August 13, 1979. By copy of the same letter, a claim was also submitted on behalf of the City of Roanoke in the amount of $213,876.72 for unpaid charges for the purchase by the County of bulk water from the City for fiscal year 1992 pursuant to the contract dated August 13, 1979. Sections 15.1-550 through 15.1-554 of the Code of Virginia describe the procedure for submitting claims to boards of supervi- sors. No legal action against the county upon any claim or demand may be maintained unless and until such claim has been presented to the board of supervisors. A determination by the board disallowing a claim shall be final and a perpetual bar to any action in any court on such claim, unless the decision of the board is appealed to the circuit court within 30 days from the date of decision. The Board previously considered and denied the claim for fiscal year 1991 charges on July 14, 1992. The City commenced litigation on this denied claim on August 11, 1992, in the Circuit Court for the City of Roanoke. Various legal and procedural maneuvers have resulted in the City's finally filing this litiga- tion in the correct court, the Circuit Court for the County o~ Roanoke, on January 19, 1993. Numerous attempts by the County to ~-y negotiate a settlement to this erroneous claim have been rejected by the City. SUNII~IARY OF INFORMATION This claim is for not only the fiscal year 1991 charges which are currently in litigation, but also for the fiscal year 1992 charges. On December 18, 1992, Diane Hyatt responded to a letter from James D. Grisso, Director of Finance, requesting certain informa- tion concerning the fiscal year 1992 charges of $213,876.72. The County received Mr. Grisso's response February 4, 1993, a copy of which was previously made available to the Board. The City Attorney submitted the City's claim February 5, 1993. By letter dated December 30, 1992, Clifford Craig submitted to Mr. Grisso a check in the amount of $151,375.72 (for bulk water charges at the rate of $.73 per one hundred cubic feet) for the portion of the City's water bill that is not in dispute. This rate reflects the last agreed rate for bulk water before the City "adjusted" the charges for the disputed capital expenditures. The County's objections to this claim are the same as the objections summarized in the July 14, 1992 Board Report. These objections are as follows: 1) the inclusion of capital costs that are of a specific benefit only to particular City neighborhoods, that neither serve nor benefit the County, and that are not necessary to meet the City's obligations under the contract or to meet water quality or treatment standards; 2) the inclusion of capital costs to expand the City system to serve new customers in the City; 3) the inclusion of capital costs for significant long term expansions or upgrades of the City water system, (since the City unilaterally defined "surplus water" and the City retains the opportunity to cancel the contract); 4) the inclusion of capital costs for new services already paid for by new users (charging the County for expenditures for expansions or extensions previously paid by new users); and 5) charging the County for "capital outlay from revenue" from current or prior years' retained earnings, since a portion of these retained earnings were previously provided by the County (City expends funds from retained earnings for "capital outlay from revenue," then adds this expenditure to other costs to calculate the actual bulk water rate: in effect charging the County twice). ~-y FISCAL IMPACTS• If the Board allows the claim, the County would be required to pay an additional $320,353.39 for FY 1991 and $213,876.72 for FY 1992. ALTERNATIVES: 1) Disallow the claim based upon the objections set forth above. 2) Allow the claim and pay the additional, adjusted amount billed by the City for FY 1991 and FY 1992. STAFF RECOMMENDATION: It is recommended that the Board disallow the claim, and thereby permit the City to pursue a judicial remedy. Respectfully submitted, ~.~ ~ ~, ~ ~ , Paul M. Mahoney County Attorney Action Vote No Yes Abs Approved ( ) Motion by Bob L. ,Tohnson Eddy x Denied (X) to deny claim Johnson x Received ( ) Kohinke x Referred Nickens x to Minnix x e:\wp5]\agenda\!h\water.clm cc: File Paul M. Mahoney, County Attorney Clifford Craig, Director, Utility Diane Hyatt, Director, Finance Mary F. Parker, Clerk, Roanoke City Council, Certified Copy CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING ROANOKE, VIRGINIA 24011.1595 TELEPHONE: 7~ip11.2AJ1 TE LECAPtER: 70Z0lt •~0 WILBURN C. OIBLING, JR. February 5 , 19 9 3 CRY ATTORNEY HAND-DELIVERED The Honorable Chairman and Members Roanoke County Board of Supervisors c/o Mary Allen, Clerk 3738 Brambleton Avenue, S. W. Roanoke, Virginia 24018 Paul M. Mahoney, Esquire Roanoke County Attorney 3738 Brambleton Avenue, S. W. Roanoke, Virginia 24018 ~, _r . __ ~_ _ ._~ '~ :.., .. _ L ` Lo._,. ~ .._._ '~~~ WILLIAM X PARSONS MARK ALLAN WILLIAMS STEVEN J. TALEVI KATHLEEN MARIE KRONAU ASSISTANT CITY ATTO PNEY$ Re: Notice of Claim Gentlemen: Pursuant to §§15.1-550 through 15.1-554, Code of Virginia (1950), as amended, a claim is hereby submitted on behalf of the City of Roanoke against the County of Roanoke in the amount of $320,353.39 for unpaid charges for the purchase by the County of Roanoke of surplus bulk water from the City of Roanoke for Fiscal Year 1990-1991 pursuant to the August 13, 1979, Water-Sewer Contract between Roanoke County and Roanoke City. A copy of the Contract is attached hereto as Exhibit 1 and incorporated herein by reference. By letter of October 14, 1991, the City notified the County of this charge. A copy of the letter as well as the billing notice and an itemized statement of the calculation of the charges verified by affidavit by the Roanoke City Director of Finance is attached hereto as Exhibit 2 and incorporated herein by reference. A claim is also submitted on behalf of the City of Roanoke against the County of Roanoke in the amount of $213,876.72 for unpaid charges for the purchase by the County of Roanoke of surplus bulk water from the City of Roanoke for Fiscal Year 1991-1992 pursuant to the August 13, 1979, Water-Sewer Contract between Roanoke County and the City. By letter, dated October 28, 1992, the City notified the County of this charge. A copy of the letter as well as the billing notice and an itemized statement of the calculation of the charges verified by affidavit by the Roanoke City Acting Director of Finance is attached hereto as Exhibit 3 and incorporated herein by reference. The Honorable Chairman and Members Roanoke County Board of Supervisors Mr. Mahoney February 5, 1993 `~- Page 2 The City of Roanoke respectfully requests that the Roanoke County Board of Supervisors consider these claims and pay to the City of Roanoke the total sum of $534,230.11 to which the City is rightfully entitled under contract. By letter of February 2, 1993, the City's Acting Director of Finance has provided a full response to the County Director of Finance's letter of December 18, 1992, as to the basis for the City's claim for Fiscal Year 1991-1992. The City requests final action by the Board of Supervisors upon its claims by March 10, 1993. Should the Board of Supervisors not have acted on the City's claims by March 10, 1993, the City will consider that the Board of Supervisors has refused or neglected to act upon its claims duly presented to them, and the City will institute action in the Circuit Court pursuant to 515.1-553, Code of Virginia (1950), as amended. Please respond directly to me with regard to this matter. Thank you for your consideration of the City's claim. Respectfully submitted, i Wilburn C. Dibling, Jr. City Attorney WCD:f Enclosures cc: The Honorable Mayor and W. Robert Herbert, City James D. Grisso, Acting Kit B. Kiser, Director, Members of City Council Manager Director of Finance Utilities and Operations ~ OF ~o~rro~ D~P~t'I11~i~ OF F[NAlYCB ~o~a a ~~~ actobar 1~ owwir « rlry,q,~ • 19 f 1 ~• Llaas Rodga County 1ldainiatratos County o! Roanoke P.O. OoY 2900 eke, Virginia 2~Oit-079f Dau Elsess ~-~ T~h«1r1~ f70~ ~1 • Mt TM~r (~~t•ArC to a~ the vatar•savago agraaaut dated 11ugt~t 12, 1979, this ii ottiea alt~Y-tiw~,3yly~1 n !i!1 u ~ vatas rata as calculated by my rate will ba adiuatad bisad o~ aotya171 Pw loo evbio tNt. This of the 1lf2 tiaeal year audit. ~ditusu upon eoapistion Z'he sate vai calaylatad by the toraala ae Nt torch in th• a~'~ ~entionad a4r~wnt and thoN ealeulatione era attached for yoas swiav (~chibit A). The tiquraa ue derived tsoa the 1991-92 tiaeal year adopted budget. 1'h~ aatt~al bulk vales rata (:.fS per 100 eabia cwt) ealcula- tiona cos liaaal yeas iffi asa. attacbad cos yoas rwiav (bchibit e~ . ~ibit C !a a ~y of ~ge~tra~ 7/1/!0 to !/10/!i which ealealatea u~aq~ at the aatval balk eater rata !os ti~eal and the new ~~tad balk. rata toe' tiaeal Yur 1991 ealealation above that the City ie dae t~ Y~ 1'!1•!2. This This ~t will ba billed ~ wount o! ia2o,3s3.~9. is baaad oa usage cos pato~~ Yow aOathly bill cos xowabas which notify a~ ~ ~w ~ ~tioti regarding tbi ealcvlationa, p 1. a s. 1f. clanger cos of Titsanca J~/pta Attacl~ente ce: ~hyvs Moel C. Tayloe li~basa o! City Qoonoil 11. Rebest ltasbast, City lfanagas, City o! hoanolca ~' •` ~iaes, OisOatoe o! Otilitia and opesatione Debosab J• moo. Chia! of tillinga and Colleetiona lobart !is'd, l[anioipal huditos Oiane BYatt, Diteatos o! tinanee, Roanoke County 1[. Ctaiq ilwe, Natas Daoa~nt Kanagw nei~t ~ ~t ~^t a~ ps w~t1s~ ~ ~t cai ar ~oNO~s ~ ao~s ~ ~~ ~/dt ~~ aouQY ~r~c a®~+cs ~r a~ amo8r 1S, 19Q ~ ea~c wee ~ rat ~ ~ ~r i, ~ m cos 30t, ~ ~~ s/~~l~~d PQ C~d,inv~a No. 30316 flafd~ !ar at 6/30/91 prr Q~dinerios Pb. 30639 ditad 7/22/91 cA~o~,dad raids tar w6t,~r 1Ra~d m~ltiy~c pro jact~ carrid air ~ tY1991 ~~ a~ ~r.a i 7s~,~9a 2S0.ooo C24~ta1 Qttlay is~aia As~n~ss ~ ~~ ~~ a~ ~ P~~ Yrr S 1 ~ 626, 900 ~ ~i8: ~ ~~* f 910.000) Aatis~nt ~ Dsb~ ptit~cipal Zbti1 Cpsra~titq CoR p~e~ ~L Zbril rabt daliv~cd !-or yroc ~efdd 6/30/91 Rata psc loo az.lt. 1.25 Y i~.9~~.~a 6,761,415 (100 cu.!'t.j ~ ~~ $ x,889,790 SS, 977 703902 $ s, 649, 669 (1,OOA,79]) ( 716,902) S 3.92].974 s.761.~es Raga pt 100 w.tt. • , ~ (~:fd~r! to =.7)) ~t ~ ~Z~ ~ Q1Z ~ jO9~t » C1'~ ~ ]dam ]I1D/~ .~ ~ C~IIZ ~.~: ~~ ~ 9~ 13, 3.992 ~~~~~ !Ot ~ P~ JQi 1, 1990 'm Jeri 30, 19'91 'Ibtal w~tac Pt~d P~~rws !ac Yrr ]7fdd 6/30/91 (Pt ivy ~1 ~insr~cial A~pact) S 4, 209,647 ~~ atld Fri s 714, 397 ~~ ( 959,397) ~ Cwt ~l S 200,000 ~1til ~~ ' ~~ '~~ 1~~ 1, 899.08 5 Ra~t~ p~ 100 Cit. tt. • 1.2!f Y 95.149.39 6,76.1, 49.5 (100 a~i.lE. ) RacE~ p! 100 Cn.!!. ~ ~ (so~~fd~d Eo S.9S) mcnib~t C . ~ ~~ a ~ R~ !!i! ~iCs ~ ~~ iL'~Q~LO dOZZ 4~a !a'!s ~ " / Ra?j ~,uquat 1990 Saptaabas 1990 October 1990 Novaa~r 1990 Oacaabar 1990 January 1991 tabsuary 1991 PtarCh 1991 1-pril 1991 Play 1991 Junes 1911 July 1991 July 1990 1-uquat 1990 Saptaabor 1990 octob~s 1990 Ptov~ab~r 1990 DaCaabar 1990 January 1991 l~bruary 1991 Mascb 1991 1-psil 1991 Ptay 1991 Junes 1991 Qsaq~ 100 cu.t IIsaq~ !or period 7/1/90 to 6/30/91 1-uquat 1991 S~pt~ab~r 1991 Octobrr 1991 July 1911 11uqu~t 1911 9~pt~ab~r 1911 vsaq~ !or period 7/1/91 to 9/30/91 149,186 124,88s ios,641 127,702 101, S89 116,154 112,321 98,256 101,062 12o,ai7 107,346 111.601 1.376. S60_ (i) 13S,SS1 117,S9S 121.013 37i.4S9 (2) lldjuataant !or utisatad bulk rata to actual rata for period 7/1/9a to 6/30/91: 100 Cult. wiq~ 1,37i,S60 (1) Eatisat.d Rats >~t91 s.7= ~-ctual ]late tY91 ~S : . z 3 Asount Ow i 31s.sot.ao Adjwtsant !os diltas~fca, in ~Y91 and tYl2 utiaatad bulk rat. for period 7/1/91 to !/30/!is 100 w.lt. waq~ atsaat.d Rates nt91 s.7= satsaat.d Rat'. ~c9= ~, 11sonAt ca. 374,459 (2) Total asount due lro~ ad j wt~ent iA built rata >>s ea,wot.~ sia ~ • ~~t. ~ 2~On ~ i Water 9328?j97 Rats Ad)uatmaae 32033339 9010220002 0 CO for July 6 Augua 1991 ; a*w.ott .,n out ~ ~ ~o~ot ~= `~~ 41363 6 ~ ~vE~,wa rwn~ cosy ~~ a-r: MiERAG 413639 6 ~ ~ 111891 t SEMKII COST PE11 OAr~ 413639.36 413639.36 roc: 0 COUIITT-AOAITpu ~~ ""' 127789 COUMrT 0? ROA1t0[s DI1 01 tJ?2LITIES 1206 [].-SSLEI MILL RD SALEM v~ 24153 ~ • - , ' ~ r ~ ~ . ~ I; i ~-~/ 11-18-91 _ ~~ Exhibit 2 ~- ~~ AFFIDAVIT Joel M. Schlanger, Director of Finance for the City of Roanoke, first being duly sworn, states as follows: 1. From January 1, 1977, to present, I have served as the Director of Finance for the City of Roanoke, Virginia ("City"). 2. As Director of Finance for the City, I have charge and maintain control of the keeping of all accounts and financial records of the City and exercise general fiscal supervision over all the officers, departments, offices, agencies and employees of the City charged in any manner with the assessment, receipt, collection or disbursement of city funds, including calculations required under the August 13, 1979, water-sewerage contract between the City and the County of Roanoke ("County"). 3. By letter dated October 14, 1991, a copy of which is attached hereto and incorporated herein as Attachment 1, notification was given to Elmer Hodge, Roanoke County Administrator, that the amount of ;320,353.39 is due and owing by the County to the City pursuant to the water-sewerage agreement dated August 13, 1979, between the City and the County. The letter incorporates the following Exhibits: (i ) Exhibit A - Rate calculation for the estimated bulk water rate for Roanoke County for the period of July 1, 1991, to June 30, 1992; (ii) Exhibit B - Rate calculation for the actual bulk water rate for Roanoke County for the period July 1, 1990 to June 30, 1991; ~-~ (iii) Exhibit C - Calculation of fiscal year usage based upon actual bulk water rate instead of estimated rate. A copy of the billing notice provided to the County is attached hereto as Attachment 2. 4. To the best of my knowledge and belief, in my capacity as Director of Finance for the City of Roanoke, the amount of $320,353.39 is justly due and owing by the County of Roanoke to the City of Roanoke under the August 13, 1979, water-sewerage contract between the City of Roanoke and the County of Roanoke. 5. The City claims interest on the delinquent amount at the legal rate from November 15, 1991. Jo M. Schlanger Di actor of Finance SUBSCRIBED AND SWORN to before tne, a Notary Public in and for the C mmonwealth of Virginia, in Roanoke, Virginia on the ~/~?- day of 1992. No ary Public My Commission expires ~/ 1~'J~ ~_y A F F I D A V I T STATE OF VIRGINIA ) To-wit: CITY OF ROANOKE ) James D. Grisso, Acting Director of Finance, for the City of Roanoke, first being duly sworn, states as follows: 1. From October 27, 1992, to present, I have served as the Acting Director of Finance for the City of Roanoke, Virginia ("City"). Prior to October 27, 1992, and at all times relevant to the matters to which this Affidavit pertains, I served as Deputy Director of Finance for the City. 2. As Acting Director of Finance for the City, I have charge and maintain control of the keeping of all accounts and financial records of the City and exercise general fiscal supervision over all the officers, departments, offices, agencies and employees of the City charged in any manner with the assessment, receipt, collection or disbursement of City funds, including calculations required under the August 13, 1979, Water-Sewer Contract between the City and the County of Roanoke ("County"). As Deputy Director, I assisted the Director in performing all of the foregoing duties and responsibilities. 3. By letter dated October 28, 1992, a copy of which is attached hereto and incorporated herein as Attachment 1, notification was given to Elmer Hodge, Roanoke County Administrator, that the amount of $213,876.72 is due and owing by the County pursuant to the Water-Sewer Contract, dated August 13, 1979, between the City and the County. The letter incorporates the following exhibits: `,-c,' (a) Exhibit A - Rate calculation for the estimated bulk water rate for Roanoke County for the period of July 1, 1992, to June 30, 1993; (b) Exhibit B - Rate calculation for the actual bulk water rate for Roanoke County for the period of July 1, 1991, to June 30, 1992; (c) Exhibit C - Calculation of Fiscal Year 1991- 1992 usage based upon actual bulk water rate instead of estimated rate. A copy of the billing notice provided to the County is attached hereto. 4. To the best of my knowledge and belief, in my capacity as Acting Director of Finance for the City of Roanoke, the amount of $213,876.72 is justly due and owing by the County to the City under the August 13, 1979, Water-Sewer Contract between the City and the County. 5. The City claims interest on the delinquent amount of $213,876.72 at the legal rate from November 29, 1992. 6. Additionally, I have reviewed the Notice of Claim and all supporting documents filed by the City with the County Board of Supervisors on April 30, 1992. The information, rates and calculations contained therein are correct. To the best of my knowledge and belief, the amount of $320,353.39 for Fiscal Year 1990-1991 is justly due and owing by the County to the City under the August 13, 1979, Water-Sewer Contract between the City and the County. 7. The City claims interest on the delinquent amount of $320,353.39 at the legal rate from November 15, 1991. Ja s D. Grisso, Acting Director o Finance ..../ ' ~~ SUBSCRIBED and SWORN to before me, a Notary Public for the Commonwealth of Virginia, At-Large, in the City of Roanoke, Virginia, on the ~ day of 1993. / ~(/2Li+iil .~ i/~~/.sue Notary Public My Commission expires: .~/ /99( CITY OF ROANOKE ~ ° ~ DEPARTMENT OF FINANCE 215 Church Avenue, S.W.. Room bt P. O.Orawer 1220 Roanoke, Vlrplnla 240061220 Telephone: (703)981.2821 Tstecopfsr. (703)981-2940 JOEL M.aCMlANOER Dlrsctor of Finance JAMES D. ORiS50 October 28, 1992 Deputy Director Mr. Elmer Hodge County Administrator County of Roanoke P.O. Box 29800 Roanoke, Virginia 24018-0798 Dear Elmer: Per the water-sewage agreement dated August 13, 1979, this is to advise you that the new bulk water rate as calculated by my office effective July 1, 1992, is $.89 per 100 cubic feet. This rate will be adjusted based on actual expenditures upon completion of the 1993 fiscal year audit. The rate was calculated by the formula as set forth in the above mentioned agreement and those calculations are attached for your review (Exhibit A): The figures are derived from the 1992-93 fiscal year adopted budget. The actual bulk water rate ($.85 per 100 cubic feet) calcula- tions for fiscal year 1992 are attached for your review (Exhibit B). Exhibit C is a summary of usage from 7/1/91 to 9/30/92 which calculates usage at the actual bulk water rate for fiscal year 1992 and the new estimated bulk rate for fiscal year 1992-93. This calculation shows that the City is due the amount of $213,876.72. This amount will be billed on your monthly bill for November which is based on usage for October. The total amount due to the City for unpaid bulk water billings is now 3 , representing $320,353.39 unpaid from fiscal year 1991 and 213,876.72 as calculated for fiscal year 1992. ATTAG@~!ffi'iT 1 J-~ Page 2 October 28, 1992 If you have any questions regarding the calculations, please notify me. Sincerely, ~~. ~!/ ` James D. Grisso Acting Director of Finance JDG/pac Attachments cc: Mayor David A. Borers Members of City Cour:ci 1 W. Robert Herbert, City Manager, City of Roanoke Wilburn C. Diblinq, City Attorney K. B. Kiser, Director of Utilities and Operations Deborah J. Moses, Chief of Billings and Collections Robert Bird, Municipal Auditor Diane Hyatt, Director of Finance, Roanoke County M. Craig Sluss, Water Department Manager ~_y Exhibit A BIILR WATER RATE PER WATER/SEWER AGREEMENT BETWEEN CITY OF ROANORE AND COIINTY OF ROANORE AND/OR ROANORE COUNTY PIIBLIC SERVICE AUTHORITY DATED AUGIIST 13, 1982 ESTIMATED BIILR WATER RATE TBLr PERIOD JULY 1, 1992 TO JUKE 30, 1993 Adopted Water Fund budget per Ordinance No. 30994 dated 5/11/92 Funds reappropriated for outstanding encumbrances at 6/30/92 per Ordinance No. 31111 dated 7/13/92 Unexpended funds (carried over from FY1992) for Water Fund capital outlay from revenue Total Appropriated Budget Deductions Depreciation Billing and Collection Fees Estimated interest earnings on unexpended bond funds Capital Outlay from Revenues Total Appropriation from adopted budget and fuada carried nvex from prior year Maximum Amount per Agreeioent Retirement of Debt Principal Total Operating Cost per Formula Total water d~livsRred for year ended 6/30/92 S7,465,487 40,287 S 772,400 252,500 1,135,000 171,277 $7,677,051 (2,159,900) S l,fi5fl,S31 910,000) ( 748,831) -0- S4,7~~68 3~ 6.7~04~14 Rate per 100 cu lt. 1.25 x S4.768,320 6,704,214 S.89 ~_ L/ BULB WATER RATE PER WATER/SEWER AGREEI~NT BETWEEN CITY OF ROANORE AND COUNTY OF ROANORE AND/OR ROANORE COUNTY PUBLIC SERVICE AUTHORITY DATED AUGUST 13, 1982 ACTUAL BULR WATER RATE THE PERIOD JULY 1, 1991 TO JUNE 30, 1992 Total Water Fund Expenses for Year Ended 6/30/92 (Per Comprehensive Annual Financial Report) Interest expense capitalized in capital outlay account (Water Plant Expansion) Dedu- cticns . Depreciation Billing sad Collactiaa Feu Interest Income earned on unexpended bond funds Retirem4nt of Debt Principal Capital Outlay from Revenue S 709,947 250,000 614,157 S 1,101,796 Exhibit B 54,159,081 895,973 (1,574,104) S1,101,796 S4, 5i82~746 Rat• per 100 cu.ft. ~ 1.25 x 54.582.746 6,704,214 .8~ Exhibit C ~ -'-/ ROANORE COIINTY CALCIILATION OF FISCAL YEAR IISAGE BASED ON ACTIIAL BIILR WATER RATE INSTEAD OF ESTIMATED RATE Month Billed Month of Service IIsage 100 cu.ft. August 1991 September 1991 July 1991 135,851 October 1991 August 1991 September 1991 117,595 November 1991 October 1991 121,013 127 789 December 1991 January 1992 November 1991 , 93,986 February 1992 December 1991 January 1992 111,837 March 1992 A ril 1992 February 1992 108 494 93 011 p May 1992 March 1992 105,455 June 1992 April 1992 112,228 July 1992 May 1992 June 1992 101,295 107.780 Usage for period 7/1/91 to 6/30/92 August 1992 September 1992 October 1992 July 1992 August 1992 September 1992 Usage for period 7/1/92 to 9/30/92 1,336,334 (1) 118,983 103,450 112,046 334 479 (2) Adjustment for estimated bulk rate to actual rate for period 7/1/91 to 6/30/92: 100 cu.ft. usage 1,336,334 (1) - Estimated Rata FY92 $,7g Actual Rate FY92 .85 x .12 Amount Due S 160,360.08 Adjustment for difference in FY92 and FY93 estimated bulk rate for period 7/1/92 to 9/30/92: 100 cu.ft. usage Estimated Rate FY92 $,73 Estimated Rate FY93 .89 Amount Du,+e Total amount due from adjustment in bulk rates 334,479 (2) S 213.876.72 ,; -, ~.; =~.r,,,.E .A.~G,.:. WATER RATE ADJ aETAW FCR PaST DUE ~~ SOUR RECCRG$ BALANCE j PAV rNl$ AMOGNT ~~ ._=.~ I _ _ I ~ I . • ~ qs~ ~.,~_~ 97137 2Z~ '"' ~ .• ~.~ %~-~~:? %~yMl? 4C I \ ,,,..,~/. I _/ I ~ 213876 72 . I ACCT NO. i ~oCAnGN SE~vED i ~ 9nln7~nnn~ ' n rnTT~T~rv nnA>,rnvc E ~ I AVERAGE WATER COST PER oAV3237.91 parEOU AVERAGE SEWER COST PER DAY. c..,; ~~ b31367.32 'i 631367.32 ~, =EAOING GATES BALANCE LOC: - ~ PAV THIS AMOUNT ~R=s REAOINC ~. ~AIcR READING ..SAGE COUNTY OF ROANOKE DIR OF UTILITIES ~ 1206 KESSLER MILL RD SALEM VA 24153 11-23-92 j i'-----i O~ ROANp~~ ~ ~ ~ • y z y~ o a ~ a~ 1838 PAUL M. MAHONEY COUNTY ATTORNEY ~ ~~.~..e OFFICE OF THE COUNTY ATTORNEY 8 February 1993 Scott Barat, Esquire Shaw, Pittman, Potts & Trowbridge 1501 Farm Credit Drive McLean, VA 22102-5004 Dear Scott: ~.." / JOSEPH B. OBENSHAIN SENIOR ASSISTANT COUNTY ATTORNEY VICKIE L. HUFFMAN ASSISTANT COUNTY ATTORNEY (~( ~, C~~~ ~7 .~ Enclosed you will find a copy of Acting Director of Finance James D. Grisso's response to Diane Hyatt's letter of December 18, 1992. You will note that his response is dated February 2, 1993 and I received my copy of February 4, 1993. In addition, you will also find a copy of the "hand delivered" Notice of Claim dated February 5, 1993. Mr. Dibling is kind enough to give us until March 10 to respond to the Cites claim. I have not copied Exhibit 1 which is the contract but I have enclosed Exhibits 2 and 3. Very truly yours, PMM/spb Paul M. Mahoney County Attorney P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 (703) 772-2007 ~i Recyded Paper ~~~ AT A REGIILAR MEETING OF THE BOARD OF SIIPERVISORS OF ROANORE COIINTY, VIRGINIA, HELD AT THE ROANORE COIINTY ADMINISTRATION CENTER, TIIESDAY, MARCH 9, 1993 RESOLIITION 3993-6 PIIRSIIANT TO SECTION 15.1-238 (E) OF THE CODE OF VIRGINIA, 1950, AS AMENDED, AIITHORIZING THE ACQIIISITION OF AN EASEMENT THROIIGH BEPARATE PARCELS OF LAND OWNED BY G. H. BOARD AND GEORGE D. PEOPLES AND DEBORAH 8. PEOPLES AND ACQIIISITION OF A CERTAIN PARCEL OF LAND IN FEE SIMPLE FROM MICHAEL J. GORDON FOR THE WATER TRANSMISSION LINE PROJECT Following a public hearing of the Board of Supervisors of Roanoke County on Tuesday, February 23, 1993, at 7:00 p.m., after due notice to the public, this Board makes the following findings of fact and adopted the following resolution: BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Water Transmission Line Project has been approved to provide a source of water for the citizens of Roanoke County. 2. That the project is necessary for the general health, safety and welfare of the public, and specifically will provide a long-term water source in Roanoke County. 3. That acquisition of an interest in certain parcels of land, described below, is necessary for construction of water transmission lines from the Roanoke County Water Treatment Plant to southwest Roanoke County. 4. In order to complete this Project, the County needs to acquire an interest in the properties described below: (a) OWNER: G. H. Board; property description: Parcel of land located in 5800 block of Starkey Road, Roanoke County, Virginia (Roanoke County Tax Map No. 97.01-1-3) See attached plat identified as "EXHIBIT A" showing water and sewer easement and temporary construction easement to be acquired from G. H. Board. (b) OWNER: George D. Peoples and Deborah S. Peoples; property description: Parcel of land located at 6019 Steeplechase Drive, Roanoke County, Virginia (Roanoke County Tax Map No. 86.01-2-3) See attached plat identified as "EXHIBIT B" showing water and sewer easement and temporary construction easement to be acquired from George D. Peoples and Deborah S. Peoples. (c) OWNER: Michael J. Gordon; property description: Parcel of land located on Ripplebrook Road, Roanoke County, Virginia (Roanoke County Tax Map No. 96.02-1-39) See attached plat identified as "EXHIBIT C" showing parcel of land in fee simple to be acquired from Michael J. Gordon. 5. That the fair market value of the interest in the property to be taken and damages to the residue of such property, if any, is as follows: FAIR MARKET VALUE PROPERTY OWNER AND DAMAGES, IF ANY G. H. Board $ 562.00 George D. Peoples and Deborah S. Peoples 1,465.00 Michael J. Gordon 575.00 6. That each of the landowners have been offered the amounts listed in paragraph 5 above for an interest in their 2 property and that each offer was refused by the landowners. Therefore, the only feasible way of acquiring the land described above is by condemnation. 7. That it is necessary for the County to immediately enter upon and take possession of the properties described above and commence construction of such water transmission lines and any other appurtenances to the water supply system in order to more adequately serve the needs of the citizens of Roanoke County and to institute and conduct appropriate condemnation proceedings as to the above-described property as provided by law and by this resolution the County hereby states its intent to do so. 8. That pursuant to the provisions of Section 15.1- 238(E) of the Code of Virginia, 1950, as amended, the Board finds that it is necessary to be vested with those powers granted the Commonwealth Transportation Commissioner pursuant to Sections 33.1- 119 through 33.1-129, both inclusive, in order to enter upon the property to be condemned prior or during the condemnation proceeding for the construction of water transmission lines and any other appurtenances to the water supply system as described above. 9. That the Roanoke County Board of Supervisors hereby condemn the interest in the properties shown on Exhibit A, B and C attached hereto and made a part of this resolution and authorizes the County Administrator and the County Attorney to sign all papers and documents necessary to this end on behalf of the County. 10. That the Roanoke County Board of Supervisors shall in accordance with Section 15.1-238(E) of the 1950 Code of 3 Virginia, as amended, be vested with those powers granted to the Commonwealth Transportation Commissioner pursuant to Section 33.1- 119 through 33.1-129, both inclusive, in order to enter upon and take the condemned property prior to or during the condemnation proceeding so that the construction and maintenance of the water transmission lines as described above may be commenced immediately the Board of Supervisors shall perform the duties and functions required of the Commonwealth Transportation Commissioner in such statutes. 11. That notice of this condemnation setting forth the compensation offered shall be sent by certified mail to the landowners as described above on March 12, 1993. 12 . That the law firm of Martin, Hopkins and Lemon, P. C. shall be the duly authorized agent and attorney for the County for the purpose of instituting condemnation proceedings and the handling of the acquisition of these properties for the County. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Nickens NAYS: Supervisors Eddy, Minnix A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Paul M. Mahoney, County Attorney William B. Hopkins, Jr., Counsel for Roanoke County, Certified Copy Clifford D. Craig, Director, Utility John D. Willey, Director, Real Estate Assessment 4 ~-/ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 9, 1993 AGENDA ITEM: RESOLUTION PURSUANT TO SECTION 15.1-238(E) OF THE CODE OF VIRGINIA, 1950, AS AMENDED, AUTHORIZING THE ACQUISITION OF AN EASEMENT THROUGH SEPARATE PARCELS OF LAND OWNED BY G. H. BOARD AND GEORGE D. PEOPLES AND DEBORAH S. PEOPLES AND ACQUISITION OF A CERTAIN PARCEL OF LAND IN FEE SIMPLE FROM MICHAEL J. GORDON FOR THE WATER TRANSMISSION LINE PROJECT COUNTY ADMINISTRATOR'S COMMENTS ~,p ~,,~GOT~ ~ • ~ • BACKGROUND• ~G As part of the Water Transmission Line Project, a number of properties have been previously acquired. The County has been unable to reach an agreement with the following landowners: G. H. Board, George D. Peoples and Deborah S. Peoples and Michael J. Gordon. The public hearing was held on February 23, 1993 and the Board of Supervisors continued the item to March 9, 1993 to allow staff to continue to negotiate with the property owners. SUNIlKARY OF INFORMATION: The subject properties are necessary for the Water Transmission Line Project in order to construct water transmission lines from the Roanoke County Water Treatment Plant to various parts of the County. These parcels of land are owned by the persons described above and are more particularly described as follows: (a) OWNER: G. H. Board; property description: Parcel of land located in 5800 block of Starkey Road, Roanoke County, Virginia (Roanoke County Tax Map No. 97.01-1-3) See attached plat identified as "EXHIBIT A" showing water and sewer easement and temporary construction easement to be acquired from G. H. Board. In an effort to reach a settlement with G. H. Board, a written offer of $562.00 was extended to Mr. Board. Mr. Board verbally declined this offer but has not made a firm counter-offer. Consequently, it is necessary at this time to go forward with eminent domain proceedings and to gain immediate right of entry for commencement of Project construction as previously directed by the ~-/ Board. The County obtained an independent appraisal of the estimated fair market value and damages to the residue for the proposed acquisition of the G. H. Board property from Earl G. Robertson, MAI, SRA, of Commonwealth Appraisal Company. Mr. Robertson determined that the estimated market value and damages to the residue of the proposed acquisition is $562.00. The proposed permanent easement is ten feet wide and 300 feet long and is located adjacent to Starkey Road. The total easement area is 3,000 square feet. The temporary construction easement is a ten-foot wide easement adjacent to the permanent easement plus a 15-foot by 30-foot additional area for a total temporary construction easement area of 3,450 square feet. Mr. Robertson valued the permanent easement at $483.00; valued the temporary construction easement at $79.00; and placed no damages to the residue. The total estimated value of the taking, therefore, is $562.00. (b) OWNER: George D. Peoples and Deborah S. Peoples; property description: Parcel of land located at 6019 Steeplechase Drive, Roanoke County, Virginia (Roanoke County Tax Map No. 86.01-2-3) See attached plat identified as "EXHIBIT B" showing water and sewer easement and temporary construction easement to be acquired from George D. Peoples and Deborah S. Peoples. The County made a written offer of $1,500.00 to Mr. and Mrs. Peoples. Mrs. Peoples declined this offer and has not made a counter offer. As with the G. H. Board property, it is necessary to institute eminent domain proceedings and to gain immediate right of entry for commencement of Project construction. The County obtained an independent appraisal of the Peoples property from Earl G. Robertson. Mr. Robertson determined that the estimated market value and damages to the residue of the proposed acquisition is $1,465.00. The proposed permanent easement is 30 feet wide and 300 feet long and runs roughly parallel to a stream which runs through the property. The total easement area is 9,000 square feet. Mr. Robertson determined the value of the permanent easement to be $1,332.00; the value of the temporary construction easement as $133.00 and zero damages to the residue. The total estimated value of the taking, therefore, is $1,465.00. (c) OWNER: Michael J. Gordon; property description: Parcel of land located on Ripplebrook Road, Roanoke County, Virginia (Roanoke County Tax Map No. 96.02-1-39) See attached plat identified as "EXHIBIT C" showing parcel of land in fee simple to be acquired from Michael J. Gordon. 2 ~-/ The County made a written offer to Michael J. Gordon of $575.00. Mr. Gordon made a verbal counter-offer of $5,000.00. Accordingly, it is necessary to start eminent domain proceedings to gain immediate right of entry for commencement of Project construction. Earl G. Robertson also appraised the Gordon property. Mr. Robertson determined the fair market value of this property to be $575.00. This is a small tract of land that has no real value except to the adjoining landowners. Because of its small size (5,000 square feet) this is a total take in fee simple. Accordingly, there is no need for a temporary construction easement and no damages to the residue. FISCAL IMPACT• Funds are available from the Water Transmission Line Project to pay the appraised value of these properties. ALTERNATIVES• 1. Adopt a resolution authorizing the acquisition of and immediate right of entry to the subject properties identified above by eminent domain proceedings. 2. Authorize a counter-offer to Mr. Gordon and solicit counter-offers from Mr. Board and Mr. and Mrs. Peoples. RECOMMENDATIONS: Counsel recommends that the Board adopt a resolution pursuant to Section 15.1-238(E) of the Code of Virginia, 1950, as amended, and authorize the County Administrator, the County Attorney and Martin, Hopkins and Lemon, P.C. to take such steps as may be necessary to acquire the property, together with all rights incident thereto, by eminent domain proceedings. Submitted by: William B. opkins, Jr. Counsel for Roanoke County ---------------------------------------------------------------- Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: VOTE No Yes Abs Eddy Kohinke Johnson Minnix Nickens 3 I o , N I ~ r ~ 4. O I 2 ,~~. _~ o S ~•p0'00" W ° ~ ~ 300.00' Wm ~a TAX x,'97.01-1-5 TAX s~97.01-1-1.1 PROPERTY OF PROPERTY OF NICHOLAS MUNGER & o ANN S. MUNGER EDWARD EUGENE BLANKENSHIP & OiS RICE BLANKENSHIP TAX X97.01-1-3 ~ D.B. 1125, PG. 730 D.B. 1233, PG. 1150 PROPERTY OF ~ G.H. BOARD ~ D.B. 1038, PG. 240 W ` p p r ~ ~ O I•`t ,~j in TAX X97.01-1-5.2 Jo "' cv PROPERTY OF ~ ~o EUGENE B. KNIGHTON Z D.B. 1328, PG. 731 i NEw ~o~ WATERr ~ws EASEMENT NEW TEMPORARY CONSTRUCT/ON EASEY ~ ~,~ 1 p~ 10.44' - 10.44' ~ _- - - .,._ N 76'00'00" c I 300.00' TO MERRIMAN ROAD r KEy ROAD VA SEC. RTE. #613) NEW TEMPORARY CONSTRUCTION EASEMENT I IJNE DIRECTION DISTANCE A-8 N 76'00'00 E 76.32' 2-C S 14'00 00 E 15.00 C-D N 76'00'00 E 30.00 D-E N 14'00 00 W 15.00' E-F N 76'00 00 E 191.68' F-G N 02'45 00 E t 0.44 G-H S 76'00 00 W 300.00 H-A S 02'45'00 W 10.44' STAR ugp4) ~ ~vA. SEC. RTE. r, NOTES: i. THIS PLAT IS FOR THE SOLE PURPOSE OF CREATING A WATERLINE AND TEMPORARY CONSTRUCTION EASEMENT AS SHOWN HEREON AND DOES NOT CONSTITUTE AN ACTUAL BOUNDARY SURUcY. 2. TOTAL AREA OF NEW WATERLINE =ASEMENT = 3000 S.F. PLAT SHOWING NEW 10' WATERLINE & NEW TEMPORARY ~~PLTH of `r CONSTRUCTION EASEMENT ~ as ~~' % BEING GRANTED TO ~~ VINCENT K. ?: L ' U~S~N~ THE COUNTY OF ROANOKE •v , / ~ yam • i No. 14288 ~ z ~ G. H. BOARD ~~~9 ~ ~ '~Aa ~,~,-04 ACROSS TAX ;x;97.01-1-3 SCALE: i" = 100' DATE: 10 SEPTEMBER 1992 LUb1SDEN ASSOCIATES, P. C. ENGINEERS-SURUcYORS-PLANNERS ROANOKE, VIRGINIA A I' I ~~ ~ TAX }86.01-2-4.1 PROPERTY OF JOHN R. MCADEN & TAX #86.01-2-4 AMY L. MCADEN PROPERTY OF D.B. 1296, PG. 104 HAROLD C. DILL & ~ SYIVIA M. DILL '1 D.B. 1364, PG. 995 ~ ~ r~ v~ N~ TAX X86.01-2-3 ~.~ LT ~I PROPERTY OF n ~= "- GEORGE D. PEOPLES k _ `~ ~, DEBORAH S. PEOPLES _ `DU+ C.B. 1198, PG. 152 EX. 10' P.U.E. ~ ~` ~.8. 766, PG. 112 r' ~ P.B. 6, PG. 33 a .r~ I ~~~ 9 ~ i ~ ~ i ~~ I $Ecw1YER0EASFYENT AEPCO POLE 3 ~ ~'~ I X324-169 ~ ~~ ~ -----_-_ --- 1 - _ 84551~0~1 N ~~ 4 ~ Qi -~ T~ J ~ 2 ~1 i'~ ~ 5 ~ ~ ~ ~ _ TAX X86.01-3-1 o ,__ ~_ _ ~ ~ ~~ PROPERTY OF _~ ~ ~ ` i ~~ ~- !y \ EDWIN 0. GRISSO I -f f ~- ~ _ ~ ~oo.\ / l J ~~` ~~~c^ I ,, NEIY 70' TEMPORARI' CONSTRUCTION EASEMENTS C~ POLE J,ot~~ Q ~~'324-2152 ~ ~~ y ~ 9 0~ ~oy~ ~ \ 2 -0 90 Z~ ~~ OHT Cdr POLE ~zs 1/2 ROSELAWN ROAD VA. SEC. RTE. #689 R/W VARIES OHT NEW 30' WATER & SEWER EASEMENT LINE DIRECTION DISTANCE 1-2 N 47'44'32 W 110.43' 2-3 N 75'29'24" W 191.92' 3-4 N 00'55'39" E 3.73' 4-5 S 84'55'21 E 30.08' 5-6 N 00'55'39' E 22.07' 6-7 S 75'29'24" E 175.71' 7-8 5 47'44'32" E 106.75' 8-1 i S 21'58'39' W 31.99' TOTAL AREA = 8500 S.F. ~ NOTES: ,. THIS PLAT IS FOR THE SOLE PURPOSE OF CREATING THE WATER & SEWER AND TEMPORA?Y CONSTRUCTION EASEMENTS AS SHOWN HEREON AND DOES NOT CONSTIT,:TE AN ACTUAL BOUNDARY SURVEY. 2. TOTAL AP..A OF NEW WATERLINE EASEMENT = 8500 S.F. NEW PLAT SHOWING 30' WATER & SEWER EASEMENT AND NEW 10' TEMPORARY CONSTRUCTION EASEMENTS BEING GRANTED TO THE COUNTY OF ROANOKE BY GEORGE D. PEOPLES & DEBORAH S. PEOPLES ACROSS TAX #86.01-2-3 SCALE: 1" = 60' DATE: 30 NOVEMBER 1992 LUMSDEN ASSOCIATES, P. C. ENGINEERS-SURVEYORS-PLANNERS ROANOKE, VIRGINIA B rn1~u u0~ . t7RF ~ . TAX#96.02-1-37 o ~~ PROPERTY OF 2~ ~ THE CHURCH OF JESUS CHRIST OF 4 ~ ~ I LATTER DAY SAINTS D.B. 1142, PG. 693 ~~~~ =~,0 100.00' (NOT TO SCALE) S 68'47'50" W 50.00' ~ ~ ~ EXIST. J~ --. EXIST. ~S~O IRON PIN SET IRON PIN ~ IRON PIN TAX#96.02-1-41 PROPERTY OF MAXINE M. WOLF D.B. 1274, PG. 1447 0 0 0 0.115 Ac. o 0 0 TAX #96.02-1-39 '~' LEGAL REFERENCE: 3 o D.B. 1321, PG. 1599 0 ~N N fn Z EXIST. IRON PIN N 68'47'50" E 50.00' TAX#96.02-1-38 PROPERTY OF BRUCE A. MUSGROVE D.B. 1185, PG. 696 SET -IRON PIN EXIST. _i IRON PIN 100.00' (NOT TC SCALE) RIPPLEBROOK ROAD (FORMERLY SYLVAN BROOK ROAD) 20' PRIVATE R/W NOTES: 1. THIS PLAT IS BASED ON A CURRENT FlELD SURVEY. 2. THIS PLAT W'AS PREPARED WITH THE BENEFlT OF A T1TLE REPORT PREPARED BY MARTIN, HOPKINS, LEMON k EDWARDS, P.C., DATED 26 JUNE. 1992. 3. A PORTION OF THIS PROPERTY IS LOCATED WITHIN THE UMITS OF A 100 YEAR F100D BOUNDARY AS DESIGNATED 8Y FEMA. THIS OPINION IS BASED ON AN INSPECTION OF THE FLOOD INSURANCE RATE MAP AND HAS NOT BEEN VERIFIED BY ACTUAL FlELD ELEVATIONS, (SEE COMMUNITY PANEL No. 510190 0100 C, DATED JAN. 3, 1990). 4. THE PROPERTY AS SHOWN HEREON MAY BE AFFECTED BY THE FOLLOWING ENCUMBRANCES: A. NEW RIVER DEVELOPMENT CO. EASEMENT, D.B. 145, PG. 507. 8. APPALACHIAN ELECTRIC POWER CO. EASEMENT, D.B. 327, PG. 278. C. APPALACHIAN ELECTRIC POWER CO. EASEMENT. D.B. 465, PG. 229. D. APPALACHIAN ELECTRIC POWER CO. EASEMENT, D.B. 543, PG. 390. E. RIGHT OF WAY AND DAM EASEMENT, D.B. 153, PG. 444, D.B. 154, PG. 111. F. RIGHT OF WAY OVER SYLVAN BROOK ROAD (NOW KNOWN AS RIPPLEBROOK ROAD), RIGHT TO SWIMMING POOL AND RIGHT TO SPRING D.B. 276, PG. 533. G. APPALACHIAN POWER CO. EASEMENT, D.B. 1194, PG. 51. 5. THE PROPERTY AS SHOWN HEREON IS NOT AFFECTED BY THE FOLLOWING ENCUMBRANCE: A. EAST TENNESSEE NATURAL GAS CO. EASEMENT, D.B. 769, PG. 55. PLAT SHOWING PROPERTY (0.115 Ac.) BEING CONVEYED TO THE COUNTY OF ROANOKE ~' MICHAEL J. GORDON VINCENT K. ~ fL~~~N y SITUATED IN ~/ CAVE SPRING MAGISTERIAL DISTRICT ~~ n°~' 14288 ROANOKE COUNTY, VIRGINIA 'fti,/'~Nd~ ~,,,~,«04~ TAX #96.02-1-39 SCALE: 1" = 30' DATE: 26 OCTOBER 1992 REVISED: 3 FEBRUARY 1993 LUMSDEN ASSOCIATES, P. C. ENGINEERS-SURVEYORS-PLANNERS ROANOKE, VIRGINIA EXHI BIT ,~ r~nuu uo~ _z~cc ,~ - / AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, MARCH 9, 1993 RESOLUTION PURSUANT TO SECTION 15.1-238(E) OF THE CODE OF VIRGINIA, 1950, AS AMENDED, AUTHORIZING THE ACQUISITION OF AN EASEMENT THROUGH SEPARATE PARCELS OF LAND OWNED BY G. H. BOARD AND GEORGE D. PEOPLES AND DEBORAH S. PEOPLES AND ACQUISITION OF A CERTAIN PARCEL OF LAND IN FEE SIMPLE FROM MICHAEL J. GORDON FOR THE WATER TRANSMISSION LINE PROJECT Following a public hearing of the Board of Supervisors of Roanoke County on Tuesday, February 23, 1993, at 7:00 p.m., after due notice to the public, this Board makes the following findings of fact and adopted the following resolution: BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Water Transmission Line Project has been approved to provide a source of water for the citizens of Roanoke County. 2. That the project is necessary for the general health, safety and welfare of the public, and specifically will provide a long-term water source in Roanoke County. 3. That acquisition of an interest in certain parcels of land, described below, is necessary for construction of water transmission lines from the Roanoke County Water Treatment Plant to southwest Roanoke County. 4. In order to complete this Project, the County needs to acquire an interest in the properties described below: (a) OWNER: G. H. Board; property description: Parcel of land located in 5800 block of Starkey Road, Roanoke County, Virginia (Roanoke County Tax Map No. 97.01-1-3) ~ ~. ~ See attached plat identified as "EXHIBIT A" showing water and sewer easement and temporary construction easement to be acquired from G. H. Board. (b) OWNER: George D. Peoples and Deborah S. Peoples; property description: Parcel of land located at 6019 Steeplechase Drive, Roanoke County, Virginia (Roanoke County Tax Map No. 86.01-2-3) See attached plat identified as "EXHIBIT B" showing water and sewer easement and temporary construction easement to be acquired from George D. Peoples and Deborah S. Peoples. (c) OWNER: Michael J. Gordon; property description: Parcel of land located on Ripplebrook Road, Roanoke County, Virginia (Roanoke County Tax Map No. 96.02-1-39) See attached plat identified as "EXHIBIT C" showing parcel of land in fee simple to be acquired from Michael J. Gordon. 5. That the fair market value of the interest in the property to be taken and damages to the residue of such property, if any, is as follows: PROPERTY OWNER G. H. Board George D. Peoples and Deborah S. Peoples Michael J. Gordon FAIR MARKET VALUE AND DAMAGES, IF ANY $ 562.00 1,465.00 575.00 6. That each of the landowners have been offered the amounts listed in paragraph 5 above for an interest in their 2 ~-/ property and that each offer was refused by the landowners. Therefore, the only feasible way of acquiring the land described above is by condemnation. 7. That it is necessary for the County to immediately enter upon and take possession of the properties described above and commence construction of such water transmission lines and any other appurtenances to the water supply system in order to more adequately serve the needs of the citizens of Roanoke County and to institute and conduct appropriate condemnation proceedings as to the above-described property as provided by law and by this resolution the County hereby states its intent to do so. 8. That pursuant to the provisions of Section 15.1- 238(E) of the Code of Virginia, 1950, as amended, the Board finds that it is necessary to be vested with those powers granted the Commonwealth Transportation Commissioner pursuant to Sections 33.1- 119 through 33.1-129, both inclusive, in order to enter upon the property to be condemned prior or during the condemnation proceeding for the construction of water transmission lines and any other appurtenances to the water supply system as described above. 9. That the Roanoke County Board of Supervisors hereby condemn the interest in the properties shown on Exhibit A, B and C attached hereto and made a part of this resolution and authorizes the County Administrator and the County Attorney to sign all papers and documents necessary to this end on behalf of the County. 10. That the Roanoke County Board of Supervisors shall in accordance with Section 15.1-238(E) of the 1950 Code of 3 Virginia, as amended, be vested with those powers granted to the Commonwealth Transportation Commissioner pursuant to Section 33.1- 119 through 33.1-129, both inclusive, in order to enter upon and take the condemned property prior to or during the condemnation proceeding so that the construction and maintenance of the water transmission lines as described above may be commenced immediately the Board of Supervisors shall perform the duties and functions required of the Commonwealth Transportation Commissioner in such statutes. 11. That notice of this condemnation setting forth the compensation offered shall be sent by certified mail to the landowners as described above on February 24, 1993. 12. That the law firm of Martin, Hopkins and Lemon, P.C. shall be the duly authorized agent and attorney for the County for the purpose of instituting condemnation proceedings and the handling of the acquisition of these properties for the County. 4 1llIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiIIIIIII~IiIIIIGIIIII IIIIIIIIIillillllllillilllllllllilllllllllllllllllllll~ _ _ _ _ _ _ AGENDA ITEM NO. c APPE CE /~I _ REQUEST _ _ =_ c PUBLIC HEARING ORDINANCE CITIZENS COMMENTS - - - - SUBJECT: - _ 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 ^ Each s Baker will be P 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. __. ^ 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 vnth the clerk. ^ INDIVIDUALS SPEAKING ON .BEHALF OF AN ORGANIZED GROUP c SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. c c PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK - _ - - _ -- _. - _ _ NAME ~-~ ~ c __ ADDRESS ~ C~ ~ __ ~ CMI--~- 4 PHONE ~ ~ C( ~ < Illilllilllllillllllllllllllllllilllllllilllllllllllllllllliillllllllllllllllillllllilllllllllllllllllllllllllllllllllllllllllllm ACTION # ITEM NUMBER ~ "~' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER MEETING DATE: March 9, 1993 AGENDA ITEM: Approval to vacate 5.1 feet by 1.5 feet on the southwest side of the 25 foot sanitary sewer/drainage easement on Lot 9, Section 7 of The Orchards Subdivision and recorded in Plat Book 13, Page 73, located in the Hollins Magisterial District COUNTY ADMINISTRATOR'S COMMENTS: ~r~~~~~~ EBECUTIVE SUMMARY: The petitioner, Fralin and Waldron, Inc., is requesting that the Board of Supervisors vacate a portion of the above described sanitary sewer/drainage easement to eliminate encroachment into the easement by the chimney of the house. BACKGROUND The petitioner is requesting the vacation in order to eliminate an encroachment into the easement by the chimney of the house on Lot 9. Roanoke County staff has no objections to vacating only that portion of the sanitary sewer drainage easement, 5.1 feet by 1.5 feet, where the chimney is actually located due to the depth and location of the sewer line. SIIMMARY OF INFORMATION Roanoke County is requesting that the described portion of the sanitary sewer drainage easement be vacated in accordance with Chapter 11, Title 15.1-482(b), State of Virginia, 1950, as amended, by the adoption of the attached Ordinance. ~- First reading of the proposed held on March 9, 1993; the public scheduled for March 23, 1993. STAFF RECOMMENDATION Ordinance is scheduled to be hearing and second reading is County staff recommends that the Board of Supervisors adopt the proposed Ordinance to vacate the 5.1 feet x 1.5 feet of sanitary sewer drainage easement located on Lot 9, Section 7, of the Orchards, recorded in Plat Book 13, Page 73 and instruct the County Attorney to prepare the necessary Ordinance. SUBMITTED BY: APPROVED BY: Arnold Covey, Director Elmer C. Hodge of Engineering & Inspections County Administrator --------------------------------------------------------------- Approved ( ) Denied ( ) Received ( ) Ref erred To Motion by: ACTION pc: Paul Mahoney, County Attorney Eddy Johnson Kohinke Minnix Nickens VOTE No Yes Abs 2 ~; ., .' ., ., ~~e ~ aaP~ ~~ \. ~' a'~ ~'ap - 6 8 '~ 5 v oo- ~6 ( t i~` Pe a o Gl4pE I \\ P • /ZOO HUNTR~p~E r r ~ EE ~ ~ k ;~\ ta+o ~F4LNTRI E I1 ~° (/ BQN CK i ~\ w:~ VICINITY MAP N- / NORTH ~ p~` N4~`07'7hry~ _ ~~P ~;0 ,,., w ~ PtK l- Q \~ ~ L~7 ~ ~~ ~ I~u, ~-' q w. °^ , -,- ~ ~ «? r v I zz ~ Go vE~~r~ ~ ~ ~ ~ ~ '~ ~ r-cask ~ ~, ~ ~ `~ ~.c' ~ ~ 1K~ 11 ' /' 1 h1'DaY ~aAh9~ ~ ` ~ a ~- r ~ ~ ~ ~ w' M .r ~~54 ~ 5.r 23 B~ '~` c~ a_ .~ t 2.3' 8.r .~, 8 I h-~ ~ ~ ~ f zr.~' ?~Rrt~li lrco.° i ~ ~ ._ _. ~ I _...._- ---- -I. G r r Y ~ I ~' ~ ; coNc, rrac ~s ~ ~ ~ ; ~E 7 l~oX Ftrr ~ -~ti~d°©7'26"W , 96.~i~' r ~~~V~ a 01vJ~ ~o,a~~r n ROANOKE COUNTY APPROVAL TO VACATE 5. 1 FEET BY 1.5 FEET ON THE UTILITY SOUTHWEST SIDE OF THE 25 FOOT SANITARY SEWER/DRAINAGE EASEMENT ON LOT 9, SECTION 7 OF THE ORCHARDS SUBDIVISION AND i DEPARTMENT RECORDED IN PLAT BOOK 13, PAGE 73, LOCATED IN THE HOLLINS MAGISTERIAL DISTRICT 3 . ~/ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 9, 1993 ORDINANCE VACATING A 5.1-FOOT BY 1.5-FOOT PORTION ALONG THE SOUTHWEST SIDE OF A 25-FOOT SANITARY SEWER/DRAINAGE EASEMENT ON LOT 9, SECTION 7 OF THE ORCHARDS SUBDIVISION (PB 13 PAGE 73) LOCATED IN THE HOLLINS MAGISTERIAL DISTRICT WHEREAS, Fralin & Waldron, Inc. has requested the Board of Supervisors of Roanoke County, Virginia to vacate a 5.1-foot by 1.5-foot portion along the southwest side of a 25-foot sanitary sewer/drainage easement located on Lot 9, Section 7 of the Orchards 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 Circuit Court; 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 reading of this ordinance was held on March 9, 1993; and the second reading of this ordinance was held on March 23, 1993. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a 5.1-foot by 1.5-foot portion along the southwest side of a 25-foot sanitary sewer/drainage easement located on Lot 9, Section 7 of the Orchards 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 Circuit Court, be, and hereby is, vacated pursuant to Section 15.1-482(b) of the 1950 Code of Virginia, as ~`-/ -/ amended; and, 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. 3. That Fralin & Waldron, Inc. shall record a certified copy of this ordinance with the Clerk of the Circuit Court and shall pay all fees required to accomplish this transaction and in addition, shall be responsible for all costs and expenses associated herewith. 4. That as a further condition to the adoption of this ordinance, 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 it, its heirs, successors, or assigns. 5. That pursuant to § 15.1-485 of the 1950 Code of Virginia, as amended, the Circuit Court Clerk shall write in plain legible letters across the part of the plat vacated, the word "vacated" and also make a reference on the same to the volume and page in which the instrument of vacation is recorded. c:\wp5 ] \age~da\vacation\(relin.wal ... a .~ ~' AT A REGULAR MEETING OF THE BOARD OF SIIPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 9, 1993 ORDINANCE 39993-7 AUTHORIZING THE LEASE AGREEMENT WITH THE ROANORE VALLEY YOUTH SOCCER CLIIB, INC. OF APPRO%I- MATELY 15 ACRES OF REAL ESTATE LOCATED NORTH OF GLADE CREEK AT VINYARD PARR NO. 2 BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of § 18.04 of the Charter of Roanoke County, a first reading concerning the lease of approximately 15 acres of real estate located north of Glade Creek at Vinyard Park No. 2 was held on January 26, 1993. The second reading on this matter was held on February 9, 1993, and continued to March 9, 1993. 2. That it is in the County's best interests to lease this property to the Roanoke Valley Youth Soccer Club, Inc., a non-stock Virginia corporation, in order to assist the Club by providing facilities for its athletic activities. In exchange for the authorization to utilize a portion of the Vinyard Park No. 2. property, the Roanoke Valley Youth Soccer Club, Inc. has indicated its willingness to construct several soccer fields on the property. 3. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish this transaction, all of which shall be upon a form approved by the County Attorney. On motion of Supervisor Johnson to adopt the Ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix 1 ,l r .- NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File John M. Chambliss, Jr., Assistant County Administrator Director, Parks & Recreation Paul M. Mahoney, County Attorney John D. Willey, Director, Real Estate Assessment 2 k ACTION NO. ITEM NUMBER ~ ~ / AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER MEETING DATE: March 9, 1993 AGENDA ITEM: Second Reading of an Ordinance authorizing the Lease Agreement with the Roanoke Valley Youth Soccer Club, Inc. of Approximately 15 Acres of Real Estate Located North of Glade Creek at Vinyard Park No. 2 COUNTY ADMINISTRATOR' S COMMENTS: ~~,a~rrvsy:~~ SUMMARY OF INFORMATION: On January 26, 1993, the Board of Supervisors held the first reading of an ordinance to authcrize a lease from the County of Roanoke to the Roanoke Valley Youth Soccer Club, Inc. approximately 15 acres of real estate located at Vinyard Park # 2 for the purpose of developing a soccer complex for use by the Soccer Club. During that meeting, several suggestions for amending the lease document were discussed and the results of the negotiations between the County Attorney and the Soccer Club have been incorporated in the attached lease document. The revisions to the lease document are outlined below: - Section 3 of the lease document is revised to reflect the discussion by the Board of Supervisors with the representative from the Soccer Club on January 26. The commencement date will be "the date all permits required for construction of the soccer complex have been issued to Tenant or on January 1, 1994, whichever date is earlier". Language has also been added to allow the County to terminate the lease and to reimburse the soccer club for the replacement of the improvements installed if the County uses the site for other purposes. Finally, three provisions for termination of the lease by the County without obligation to pay for the improvements are defined. Any payment for the replacement of the fields would be based on the professional appraisal of the replacement value of the facilities and provides for the recognition of the Uniform Arbitration Act as the ultimate means of settlement if required. - The third sentence of Section 4 is revised by inserting "or such other uses as the parties may jointly agree" following the phrase ". for its youth soccer recreation program tournaments." °-~-- . ...L ~ /~ Section 7 increases the amount of liability insurance from $100,000 to $1 Million and requires the Club to provide to the County evidence of said insurance. - Section 11 revises the word "handicapped" to "handicap". - Section 12 b which referred to the entrance roads is deleted. The Club has developed a concept plan (map attached) and would initially seek to develop the three fields closest to Berkley Road. The Club provides soccer opportunities for the travelling soccer teams which compete regionally and hosts three tournaments per year (Memorial Day weekend, November, and one winter indoor tournament). The Club already cooperates with the Department of Parks and Recreation for the use of County facilities to hold these tournaments with out of town teams. Staff feels that the development of these fields by the Club in Vinyard Park No. 2 will enhance the soccer program for the County and will complement the County's soccer fields which we are completing at Vinyard Park immediately across Berkley Road. The tournaments will also help our tourism efforts as they attract teams from throughout the region to play here. The Lease will allow the Club to use the property North of Glade Creek as shown on the map. The area South of the creek would be reserved for future use and development by the County and for Special Events. The Club would bear all developmental cost associated with their operations north of the Creek, would provide mowing or other special equipment necessary to maintain the grounds and will pay for the chemicals used in the turf management. The Club will also mark it's own fields for use. The Club will have primary use of the soccer fields it constructs and they will be available to the Department of Parks and Recreation to schedule for special tournament use or such other uses as the parties may jointly agree. The Department of Parks and Recreation would mow the property on an agreed upon schedule using the mowing equipment provided by the Club. The equipment would be available for use on other similar grounds in the immediate service area. The grounds would be maintained using turf cultural practices established within the County's maintenance standards ("Roanoke County Landscape Maintenance System") and programming would be in compliance with the Roanoke County Ordinance regulating conduct in County Parks (Chapter 15 of the Roanoke County Code). FISCAL IMPACT: The mowing of grass on Vinyard Park No.2 will be a responsibility of the Department of Parks and Recreation once the County begins use of the facility. The provision of the mowing equipment and chemicals for turf maintenance by the Club will offset the expense incurred by the County. ~- RECOMMENDATION: Staff has attempted to negotiate the concerns expressed on January 26 by the Board of Supervisors and feels that the compromise language now included in the lease document reflect the best interest of both parties. Staff recommends that the Board approve the second reading of an ordinance for the acceptance of a lease between the County of Roanoke and the Roanoke Valley Youth Soccer Club, Inc. Respectfully submitted, Appr ed by .~ ~~.--~ ohn M. Chamb ss, Jr. Elmer C. Hod e Asst. County Administrator County Administrator ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Eddy Received ( ) Johnson Referred ( ) Kohinke To Minnix Nickens ~- /~ ~y 9, ~~ 1 :, .I i y O O O N O V U U N O U O O .~ '-~ o y - v c Ta ~ 0 o v o x y ~ ~ X. ~ (p d r I ~ m I O O 1 N r p m ~ C C N N 4 0 C r I O ~ O R ~ ~ N a ~ ~ o. ~ n I 0 1 w o' n O o m 1 3 N 1 % N N V j i U ~1 ~~l`frlcy, f~. ~~ ~ U N N U O U U V O 9 O a .~ m F ~ D v° m J I N A a m I 'n I o i x ' ~ ~ O U O 1 N A a ~ 1 s b 1 I N I o 0 (I N ~~ ~I ~ x 11 II D 4 O ~ d II ~ O a 1 I ie m I a b • I 1 0 I I -. o I o 1 I x-- 'I I U _] i I `~ 1 1 I ~ ~~ ,1 1 I H I a i TI ~ N a, i I a o 1 ~ D I~ O 1 ~ I 1 ~~ n II! 1 i T ~ ~ I ~ ~ I a °o I t 1 N 1 ~ a i l o r I 1 x '° j 1 a rn I U J i O ~ x O 1 I U I LEASE AGREEMENT ~ "" THIS LEASE AGREEMENT, made and enter 1993, by and between the RQANOKE CtJUNTY, VIRGINIA (the ''County") XOUTH SOCCER CLUB, INC. (the "Tenant" corporation organized and incorporated Commonwealth of Virginia. ed into this day of BOARD OF SUPERVYSORS (~E and THE RoANQKE VALLEY ), a non-stock Virginia under the laws of the - W x T N E S S E '1' H - That for and in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. That the County hereby leases to the Tenant zeal estate located North of Glade Creek at Vinyard Park No. 2 described as a portion of Roanoke City Tax Map No.. and including acres (said property being more specifically identified and described on the attached plat, which is identified as Exhibit A and hereinaftez referred to as the "Premises"}. 2. That the Tenant shall pay as rent the sum of One Dollar per year due and payable on the-first day of the calendar year, The Tenant shall construct, at its expense, at least three youth outdoor soccer fields an the Premises subject to prior review and approval by the County. Prior to commencing any construction on the Premises, the Tenant shall comply with all County regulations and ordinances and secure all permits required by either the County or Roanoke City. The Tenant shall submit a site plan to the County for its review and approval showing existing and -1~ 02-c3-1993 Ei9:46AP~ FR~JM TnLLY PLACE FRALIN PRICER TO 772289 P.83 ~~ l future plans for the development of the Premises, prior to any required submittal to the City. 3. The term of this Lease shall Commence as of the date all permits required for construction of the soccer complex have been ,issued to Tenant or on January 1, 1994, whichever date is earlier, and shall Continue until December 31, 2404; provided,, however, that the Lease shall. automatically renew for two additional five (5) year terms upon the approval of the County, which approval by the County shall not be unreasonably withheld. If the County elects to terminate this Lease, it shall provide the Tenant with six (6} months written notice of the termination before the expiration of the initial term ox the expiration of either of the additional fzve (5) year terms, After'the expiration of said original term and the additional five (5) year rene~ral terms, this Lease shall continue on a year to year basis until one of the parties shall give notice to the other party by six (5) months written notice of the termination of this Lease. In the event the County elects to terminate the Lease prior to December 31, 2004, the County agrees, subject to the exceptions hereinafter set out, that it will be responsible for reimbursing the ~'enant for the replacement value of the improvements and fixtures instalJ.ed by Tenant during the term of this Lease and any extensions. ~'he parties will make a reasonable effort to establish the replacement value of the improvements and fixtures by mutual. agreement. In the event the parties are unable to agree on the replacement value of the improvements and fixtures they may mutually agree upon an appraiser or other qualified individual to establish the replacement value of the improvements - - ., - _~.'_ , and fixtures or either may erect to have the matter arbitrated. In such event each party will select its own arbitrator and the two will woxk together to attempt to establish a mutually agreeable replacement value for the fixtures and improvements. If they are unable to agree on a replacement value they will select a third arbitrator and a majority decision by two of the three arbitrators will conclusively establish the replacement value of the improvements and fixtures, The parties acknowledge the existence of the Uniform Arbitration Act {§8.01-581.01, ~t seq.) and agree that to the extent that this Lease is silent on any issue relating to the arbitration the Uniform Arbitration Act wi~.l control. The parties agree that if termination occurs for any of the following reasons, the County will not be obligated to pay replacement value for the improvements and fixtures: a) Termination by the County at the end of the twenty (20) year term after giving s~.x (5} months written notice as hereinabove provided, b) Failure by Tenant to construct three youth outdoor soccer fields on the Premises within sixty (60) months of the commencement of this Lease. c) T7efault by Tenant under paragraph 10 of this Lease without the appropriate cure of said default within the time provided for in said paragraph. 4. Tenant shall use the Premises for the development, construction and installation of a complex of soccer fields and related facilities and for no other purposes without the priox approval of the County, which approval by the County shall not be _8_ -~~~ ~ ~.n._L= rrnLlly r'F.'1LLA TU .. 7722~4y F.L~S ...~ r unreasonably withheld. Tenant shall have the priority use of the Premises except as expressly provided herein or expressly permitted in writing by Tenant to County, which permission Tenant shall not unreasonably withhold. The County and its Parks and ~tecreation Department will be permitted to use the Premises or designated portion thereof, at no charge, for its youth soccer recreation program tournaments or such other uses as the parties may jointly agree, provided such County uses do not conflict with Tenant's planned uses including but not limited to, training. sessions, practices, scrimmages and games involving teams sponsored by Tenant, invitational tournaments in the fall and spring of each year sponsored or conducted by Tenant, maintenance of the facility and related functions. 5. During the term of thzs Lease, the Tenant shall pay for all l~.ghts, heat, water and sewer charges and any other utility charges required or incurred upon the premises and provided that said utilities are readily available at the Premises. Tenant shall not be required to extend utility lines or facilities for use by the County. It is understood that the Tenant accepts the Premises in its current physical condition, and Tenant acknowledges that it has inspected the premises and agrees that the Premises axe as represented by the County and acceptable to the Tenant. County has represented to Tenant that it has no knowledge of any facts that would indicate that the Premises have been used for the manufacture, storage or disposal of any hazardous waste or toxic substances as defined by any applicable federal, state or local environmental laws. -4- V_l~-~.l- j _i _-lL VI'_1 • 4 (HI'I t'KUI'I J ULL 1 f LHL..C rf[HL t ~~1 rr 1 LLr-i ~ ~_~ ~ ~ ~°~-'-"-'-' ' -- The Tenant shall maintain the Premises and fixtures therein located and upon the termination of this Lease shall surrender the Premises and fixtures in as good a condition as at the commencement of this Lease, subject to normal wear and tear. Tenant shall be responsible for regular maintenance and repair of the Premises including compliance with the written County maintenance standazds ("Roanoke County Landscape Maintenance System") and compliance with the Roanoke County Ordinance regulating conduct in County parks, Chapter l5, Roanoke County Code, 6 . The Tenant may, upon approval by the County ( said approval shall. not be unreasonably withheld), during the term of this Lease, construct facilities, buildings, structures, etc. upon the Premises, but it is agreed that all such construction and subsequent alterations and additions which are permanently affixed to the Premises shall be and become a permanent part of the real. estate and as such the property of the County upon termination of the Lease. Upon termination of this Lease, all improvements erected thereon shall. revert to the County and shall be free from any encumbrance at the time of such reversion. The Tenant may not have attached any Lien against the improvements which is contrary to §15.1-261.1 of the 1950 Code of Virginia, as amended. 'she provisions of this Lease sha11 be subject to §15.1-260 and §15.1- 261.1 of the State Code. The County warrants that there has been full compliance with the requirements of §18.04 of the Charter of the County of Roanoke. All trade fixtures, including soccer goals and nets, and equipment or othex personal property installed or stored in or on, -5^ ..-~~' ,~ but not permanently attached to, the Premises, by or at the expense of Tenant, shall be and remain the property of Tenant, and Tenant shall have the right to remove the same at any time during the term hereof and following the termination of the Lease. If and to the extent that the removal of any such trade fixtures, equipment and other personal property causes any damage to the k~remises, Tenant shall promptly remedy or repair any such damage and pay to County such reasonable amount as is necessary to remedy ar repair any such damage at the time of termination of the lease. 7. The Tenant shall be responsible for securing and maintaining during the terms of this Lease insurance coverage, at its own expense for facilities, fixtures, equipment and any other personal property installed or stared in or on the Premises and public liability insurance Covering death, bodily injury and property damage ~.n an amount not less than X1,000,000.00. Such public liability insurance shall name the County a5 an additional insured for the fu~.l amount of the insurance herein required and provide to County evidence of such insurance. County shall not be liable for any injury to or death of any person or persons nor fox' any loss of or damage to any property of any kind belonging to the Tenant or the public, caused by any act ox omission of Tenant, its agents, employees ox invitees, or caused by any failure of Tenant to perform property maintenance, repairs, and replacements required to be performed by it under this Lease. Tenant shall indemnify and save the County harmless against any and all liabilities, claims, demands, actions, costs and expenses which may be sustained by the County by reason of any of the causes set forth in this paragraph, _5.. ~_ ~ The Tenant shall nat be responsible for any defect or for i s any resulting damage to person or property occurring on the ` Premises as a result of any pre-existing condition ar any use of the Premises by County or the County Parks and Recreation ~j tment. Tenant shall not be liable far any injury to or death ~j Depar of any person or persons or for any loss of or damage to any i property of any kind, whether belonging to the County or the public b an act ar omission of the County, its agents, employees caused y Y or invitees. 8. This Lease shall not be assigned nor sublet without the prior written consent of the County which consent shall not be unreasonably withheld. i 9 , Any notice required or permitted by this Lease to be given , by either party to the other may be either personally delivered or j sent by registered mail, postage prepaid, deposited and. properly addressed in the U. S. Post Office, the date of such deposit being taken as the date of giving such nctice. All notices required by ~ ~ this Lease, unless otherwise designated in writing, shall be given to The Roanoke Valley Youth Soccer Club, Inc., P. 0. Box 21848, Roanoke, Virginia 24018, Attention: President and to the Board of Supexvisars of Roanoke County, P. 0. Box 29800, Roanoke, Virginia 24018-0798. 10. If the Tenant shall fail to pay any rent, tax, fee or charge to the County when such rent, tax, fee ox charge is due and payable under the terms of this Lease, and such default shall continue for a period of twenty (20) days after written notice thexeof has been given to the Tenant by the County, of if the Tenant shall fail to pe~'form any other duty or obligation imposed .. 7 _ _ .H2-23-153 ~9 ~ ~}8Ah1 FROP~1 7LiLLY PLAC:(~ FRAL ItJ, PR I LLA TO 7722~~85 P. ~9 ~`, upon it by the terms of this Lease, and such default shall continue for a pex'iod of thirty (3D) days after vrritten notice of such default has been given to the Tenant by the County, or if the Tenant shall file a vo~.untaxy petition for relief in bankruptcy proceedings or be adjudged a bankrupt ,in involuntary proceedings, or make arrangements or composition, or file a petition for reorganization or otherwise seek relief pursuant to the provisions of any state or federal insolvency or bankruptcy laws, ox' if a receiver of any property of the Tenant in or on the premises be appointed in any action, suit, ar proceeding by or against the Tenant and such appointment of receiver shall not be vacated or annul~.ed within sixty (60} days, or if the intexest of the Tenant in this Lease shall be encumbered under any legal process, and such encumbrance is not vacated or set aside within thirty (3Q) days, then in any such event the County may, at its election, terminate this Lease by written notice delivered to menant; provided, however, if the order of any court creating such disability or event shall not be final by reason of pendency of the proceedings, or an appeal from such order, then the County may not have such right of termination as long as the Tenant continues to perform its obligations under this Lease. 11. The Tenant agrees that it will not discriminate aga~.nst any person on the basis of race, religion, color, sex, nat~.onal origin, or handicap in its membership or employment practices or in the operation of the recreational complex an the Premises. 12. During the term of this Lease the County shall be responsib]-e for the fallowing at no charge or cast tq the Tenant: -g- ._.~" -1 a) Mowing the Premises pursuant to a regular mowing schedule mutually agreed to by the parties. 13. During the term of this Lease the Tenant shall be responsible for the fol~.owing at no charge or cost to the County: a) Fertilizing the Premises and other turf cultural practices. b) Any equipment required far maintenance of the fields with the exception of a tractor which County will provide for mowing and othea~ turf cultural. practices that require use of the tractor. c) Field marking. 14. Tenant shall allow County to have reasonable access to the Premises for inspection for examination at any time. County shall allow Tenant to have reasonable access, including ingress and egress to the Premises at all times. 15. This Agreement shall be governed by and construed in accordance with the Jaws of the Commonwealth of Virginia. l~. This Lease represents the entire understanding between the parti-es and there are no collateral ar oral agreements or understandings and this Lease shall not be modified unless in writing df equal dignity signed by bath parties. 17. It is agreed that all of the terms and conditions of this Lease are binding upon the parties hereto, their administrators, heirs, and assigns unless otherwise specified herein. 1$. This Lease is executed by the County Administrator of Roanoke County by authority of the Soard of Supervisors of Roanoke County, 'Virginia, pursuant to Ordinance Na. ~ adopted by the Board. --9- 02-23-1993 09~49AM FROM TOLLY FLACE FRALIN F'RILLA TO 7?22099 F'. 11 -- . ~L WImNESS the fo3.lowing signatures and seals. BOARD OF S-(JFERVISO~tS OF RC7ANO~CE COUNTY, VIRGINIA By: E1.mer G. Hodge Titlo; Caunt Administrator THE RgANpIiE VALLEY YOUTK SOCCER CLC1~, INC . By: Title: _- STATE OE VIRGINIA ) OF' ) The foregaing instrument was acknowledged before me on ~ 19 lay Elmer C. Hodge, County Administrator, on behalf of-the Board of Supervisors of Roanoke County. My comm~.ssian expires Notary Public STA`T'E 0~' VIRGINIA ) 0~' ~ The foregoing instrument was acknowledged before me on 19 ~ by an behs,lf of The Roanoke Valley Youth Soccer Club, Ync. My commission expires i a ~ ' -10 Notary Public - ,~ ~~.~ Z-i AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 9, 1993 ORDINANCE AOTHORIZING THE LEASE AGREEMENT WITH THE ROANORE VALLEY YOOTH 8OCCER CLIIB, INC. OF APPROBIMATELY 15 ACRES OF REAL ESTATE LOCATED NORTH OF GLADE CREEK AT VINYARD PARR NO. 2 BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of § 18.04 of the Charter of Roanoke County, a first reading concerning the lease of approximately 15 acres of real estate located north of Glade Creek at Vinyard Park No. 2 was held on January 26, 1993. The second reading on this matter was held on February 9, 1993, and continued to March 9, 1993. 2. That it is in the County's best interests to lease this property to the Roanoke Valley Youth Soccer Club, Inc., a non-stock Virginia corporation, in order to assist the Club by providing facilities for its athletic activities. In exchange for the authorization to utilize a portion of the Vinyard Park No. 2. property, the Roanoke Valley Youth Soccer Club, Inc. has indicated its willingness to construct several soccer fields on the property. 3. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish this transaction, all of which shall be upon a form approved by the County Attorney. c:\wp51\agenda\realest\soccer.vin 1 ~~ ~' AT A REGIILAR MEETING OF THE BOARD OF SIIPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COIINTY ADMINISTRATION CENTER ON TIIESDAY, MARCH 9, 1993 ORDINANCE 3993-8 VACATING A 50-FOOT IINIMPROVED PAPER STREET REFERRED TO AS LOMAN DRIVE AND SHOWN ON THE MAP OF NORTH BIIRLINGTON HEIGHTS, SECTION 1 (PB 3, PAGE 57) WHEREAS, Fred Holdren has requested the Board of Supervisors of Roanoke County, Virginia to vacate a 50-foot unimproved paper street referred to as Loman Drive and shown on the map of North Burlington Heights, Section 1 in the Hollins Magisterial District as shown in Plat Book 3, at page 57 of record in the Clerk's Office of the Roanoke County Circuit Court; 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 reading of this ordinance was held on January 12, 1993; and the second reading and public hearing of this ordinance was held on Janury 26, 1993, and continued until March 9, 1993. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a 50-foot unimproved paper street referred to as Loman Drive between the intersections of Dallas Road and Goff Road and approximately 360 feet in length and shown on the map of North Burlington Heights, Section 1, in the Hollins Magisterial District of record in Plat Book 3, at page 57, in the Office of the Clerk of the Circuit Court of Roanoke County, Virginia, be, and hereby is, vacated pursuant to Section 15.1-482 (b) of the 1950 Code of Virginia, as amended; and, 2. That as a condition of the adoption of this ordinance, the County reserves and retains a 20-foot sewer easement as shown on the attached plat prepared by the Roanoke County Engineering and Inspections Department; and, 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. 4. That Fred Holdren shall pay all fees required to accom- plish this transaction and that the Director of the Department of Engineering and Inspections shall record a certified copy of this ordinance along with the attached plat in the Circuit Court Clerk's Office; and 5. That pursuant to § 15.1-485 of the 1950 Code of Virginia, as amended, the Circuit Court Clerk shall write in plain legible letters across the part of the plat vacated, the word "vacated" and also make a reference on the same to the volume and page in which the instrument of vacation is recorded. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix NAYS: Supervisors Eddy, Nickens A COPY TESTE: ~~~~ y~~ ~~~~~ Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Terry Harrington, Director, Planning & Zoning Paul Mahoney, County Attorney Clifford D. Craig, Director, Utility ACTION # ITEM NUMBER ~ ~ '~ AT A REGIILAR MEETING OF THE BOARD OF SIIPERVISORS OF ROANORE COIINTY, VIRGINIA HELD AT THE ROANORE COIINTY ADMINISTRATION CENTER MEETING DATE: March 9, 1993 AGENDA ITEM: Request to Vacate a 50 foot Unimproved Right-of-Way referred to as Loman Drive and shown on the map of North Burlington Heights, Section 1 and Recorded in Plat Book 3, Page 57 on July 5, 1953 COIINTY ADMINISTRATOR'S COMMENTS: G~~~ EXECIITIVE SIIMMARY: The petitioner, Fred Holdren, is requesting that the Board of Supervisors vacate a 50 foot unimproved right-of-way known as Loman Drive between the intersection of Dallas Road and Goff Road, approximately 360 feet in length by ordinance, in order to remove the encumbrance on the property that they presently maintain. BACRGROIIND: Mr. Fred Holdren, has petitioned Roanoke County to vacate a 50 foot unimproved right-of-way known as Loman Drive between the intersections of Dallas Road and Goff Road, approximately 360 feet in length, as shown on the map of North Burlington Heights, Section 1, recorded in Plat Book 3, Page 57, on July 5, 1953. The petitioner is requesting the vacation in order to remove the encumbrance on the property that he and his neighbors presently maintain. =~.Z SUMMARY OF INFORMATION Roanoke County has received a letter of opposition for vacating the right-of-way from Mr. Henson, one of the adjacent property owners. Mr. Henson has expressed he opposes vacating the right-of- way for several reasons: 1. He is concerned that since he and his wife are on a fixed income that the additional property would increase their real estate taxes. 2. Mr. Henson has placed a gravel driveway onto the right-of-way to provide access to the rear of his property and if the right-of-way is vacated Mr. Henderson will incur the expense of relocating his gravel driveway. I have investigated Mr. Henson's concerns above the increase of his real estate tax and was informed by the County Assessors's Office that the approximate 5,650 square feet addition to his lot would only increase his real estate tax by $5.60 a year. Since the right-of-way is presently maintained by the adjacent property owners and no other objections have been received, County staff concurs with the right-of-way vacation on the following conditions: 1. That a 20 foot sewer easement be retained because several homes in this area are not on County sewer. Roanoke County is requesting that the described right-of-way be vacated in accordance with Chapter il, Title 15.1-482 (b), Code of Virginia 1950, as amended, by the adoption of the attached Ordinance. First reading of the Ordinance was held on January 12, 1993; the public hearings and second reading was continued until March 9, 1993. STAFF RECOMMENDATION County staff recommends that the Board of Supervisors adopt the proposed Ordinance to vacate the reference right-of-way and instruct the County Attorney in preparation of the Ordinance to reserve an exclusive 20 foot sewer easement. 2 .r.L '~ MITTED BY: APP ED ~~ pc: Paul Mahoney, County Attorney Arno d Covey, Dire for Elmer C. Hodge of Engineering & I spections County Administrator ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Eddy Received ( ) Johnson Ref erred Kohinke To Minnix Nickens 3 Z-,2 NORTH NORTH BURLINGTON HEIGHTS SECTION 1 / PLAT HOOK 3 PAGE 57 / LaT 1 PROPERTY ^F~ 4~ DEAN C. HENSON . v~~ TAX MAP No. 27.05-8-1 50' RIGHT-DF-NAY ~ o- TD BE VACATED 8 6,ps, LDT 7 2323• PROPERTY ^F~ 20' S.S, EASEMENT FREDERICK R. HDLDREB T^ BE RETAINED 2'6,18, TAX MAP No. 27.05-8-13 C0.196 Ac.) LDT 3 ~ y'~N c' 9 PROPERTY DF~ d'4jL `Sp- SANDY MCGLDTHLIN F~ TAX MAP No. 27.05-9-1 t'r ~'I .) '~'2, LaT 4 ti go-~. PROPERTY ^F~ ~~ GARY R. DDNITHAN (~ TAX MAP' No. 27.05-9-2 ROANOKE COUNTY ~ TO VACATE AND CLOSE A 50 FOOT UN f MPROVED RIGHT-OF-WAY ENGINEERING & REFERRED TO AS LOMAN DRIVE INSPECTIONS DEPARThfENT . 4 _..1.. -~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 9, 1993 ORDINANCE VACATING A 50-FOOT UNIMPROVED PAPER STREET REFERRED TO AS LOMAN DRIVE AND SHOWN ON THE MAP OF NORTH BURLINGTON HEIGHTS, SECTION 1 (PB 3, PAGE 57) WHEREAS, Fred Holdren has requested the Board of Supervisors of Roanoke County, Virginia to vacate a 50-foot unimproved paper street referred to as Loman Drive and shown on the map of North Burlington Heights, Section 1 in the Hollins Magisterial District as shown in Plat Book 3, at page 57 of record in the Clerk's Office of the Roanoke County Circuit Court; 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 reading of this ordinance was held on January 12, 1993; and the second reading and public hearing of this ordinance was held on Janury 26, 1993, and continued until March 9, 1993. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a 50-foot unimproved paper street referred to as Loman Drive between the intersections of Dallas Road and Goff Road and approximately 360 feet in length and shown on the map of North Burlington Heights, Section 1, in the Hollins Magisterial District of record in Plat Book 3, at page 57, in the Office of the Clerk of the Circuit Court of Roanoke County, Virginia, be, and hereby is, vacated pursuant to Section 15.1-482(b) of the 1950 Code of r~ Virginia, as amended; and,. 2. That as a condition of the adoption of this ordinance, the County reserves and retains a 20-foot sewer easement as shown on the attached plat prepared by the Roanoke County Engineering and Inspections Department; and, 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. 4. That Fred Holdren shall pay all fees required to accom- plish this transaction and that the Director of the Department of Engineering and Inspections shall record a certified copy of this ordinance along with the attached plat in the Circuit Court Clerk's Office; and 5. That pursuant to § 15.1-485 of the 1950 Code of Virginia, as amended, the Circuit Court Clerk shall write in plain legible letters across the part of the plat vacated, the word "vacated" and also make a reference on the same to the volume and page in which the instrument of vacation is recorded. c:\wp51 \agenda\vacation\bman ~"`..:~ AT A REGIILAR MEETING OF THE BOARD OF SIIPERVISORS OF ROANORE COIINTY, VIRGINIA, HELD AT THE ROANORE COIINTY ADMINISTRATION CENTER, TIIESDAY, MARCH 9, 1993 ORDINANCE 3993-9 ACCEPTING AN OFFER FOR AND AIITHORIZING THE SALE OF 0.493 ACRE, MORE OR LESS, BEING A PORTION OF TA% MAP NO. 37.07-1-5.1 AND A PORTION OF THE REMAINING PROPERTY OF THE BOARD OF SUPERVISORS OF ROANORE COIINTY AT VALLEYPOINTE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject property is declared to be surplus and is being made available for other public uses; and 2. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading was held on February 23, 1993; and a second reading and public hearing was held on March 9, 1993, concerning the sale and disposition o.f 0.493 acre, more or less, being a portion of Tax Map No. 37.07-1-5.1 and a portion of the remaining property of the Board of Supervisors of Roanoke County at Valleypointe; and 3. That an offer having been received for said property, the offer of Lingerfelt Development Corporation to purchase this property for Fourteen Thousand Four Hundred Ninety Dollars ($14,490) is hereby accepted; and 4. That all proceeds from the sale of this real estate are to be paid into the capital projects fund; and 5. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the conveyance of said property, all of which shall be upon form approved by the County Attorney. r ~ On motion of Supervisor Kohinke to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: `~~~~ ~ Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Timothy W. Gubala, Director, Economic Development Paul M. Mahoney, County Attorney John D. Willey, Director, Real Estate Assessment Diane D. Hyatt, Director, Finance Item No. -~' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER IN ROANOKE, VA ON TUESDAY, MEETING DATE: March 9, 1993 AGENDA ITEM: Second Reading of Ordinance Authorizing the Conveyance of a Tract of Land at Valleypointe to Lingerfelt Development Corporation COUNTY ADMINISTRATOR~B COMMENTS: BACKGROUND: Roanoke County acquired a 7.9 acre tract of land from the Roanoke Regional Airport Commission in 1989 to provide access to the Valleypointe project. A majority of the property was subsequently deeded to the state of Virginia as part of the right of way for Valleypointe Parkway. Three parcels of land totaling 1.85 acres remained as separate remnant parcels. These parcels are limited in their development potential. Alan Lingerfelt has a contract pending to locate the offices of the Jefferson National Forest on an adjacent tract in Valleypointe. Lingerfelt Development has offered to purchase a triangular parcel of 0.492 acres for $14,490 for use as a stormwater management area. The parcel is bounded by state roads on two sides and property of Lingerfelt Development Corporation on the third. The County Assessor has determined that the $14,490 price reflects a fair market value for the property. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors adopt the Ordinance upon this second reading, authorizing the conveyance of this parcel to Lingerfelt Development Corporation. Respectfully submitted: ~~ Timothy W. Gubala, Director Department of Economic Development Approved: Elmer C. Hodge County Administrator r ---------------------------------------------------------------- ACTION Approved ( ) Denied ( ) Received ( ) Referred to Motion by: No Yes Abs Eddy Johnson Kohinke Minnix Nickens Attachment ~_ C 0 0 a Q ~s~~~b ,296 ~ /tJ N ~ ~ll,,~ ~ ~~bJ ~Z6~F . ~~ ~b0 ~1/ID i ,~ z v o~ 0 ~z ~~~~~~ Q ~ o~~~ N ~ ~ ~o o?~ Z~oN~ ~ ~~~ ~ ~~~~ ~.cLaL° 0 0 ~ °8y y ~ ''b,~ ~ ~ ~- ~ ~ - d 0 ~~ i ~i ~ ° ~ ~ ~ ~/ ~ c~ ~~' ~ ~ ~ ~/d~~~tib~ yy~ ~ ~ ~ 8 ~ ~~~g~~ 1 . z ~ ~ ~. ~° s~9~oyy D~jN~ I ~ ~ ,g6 . , s yl ~~ Z I '~ v . Q .- ,ny w ~ ~~ ~ a ~ ~ ~ ~ o i- l.- O ~~~~~~a Iii i ~1 I ~ ~ ~ N o J ~' o ~. ~~ l~ ~ m 0 IN ~ I~ o ~~ ~ ~ ~ ~- ~ Q 3 ~- ~ ~ ~ ~ ~~~ ~ 0 ~~ ~ ~~ ~z ~~~ m 6g~ ~ -(9~gdy ~~ ~~°~yti ~/b ~ti~ly,X~ 0 0 ~ ~ ~~~~~ ~ ~ ~ a- ~- o ~ v a ~~~ o~,Q ~o~ oz ~Q~,,~~ a ~~N ~. ~ o R ~ ~~ ~ m ~ ~. ~ Q ~~ n ~ ~ ~~ ~.~ ~~- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, MARCH 9, 1993 ORDINANCE ACCEPTING AN OFFER FOR AND AUTHORIZING THE SALE OF 0.493 ACRE, MORE OR LESS, BEING A PORTION OF TAX MAP NO. 37.07-1-5.1 AND A PORTION OF THE REMAINING PROPERTY OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY AT VALLEY- POINTE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject property is declared to be surplus and is being made available for other public uses; and 2. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading was held on February 23, 1993; and a second reading and public hearing was held on March 9, 1993, concerning the sale and disposition of 0.493 acre, more or less, being a portion of Tax Map No. 37.07-1-5.1 and a portion of the remaining property of the Board of Supervisors of Roanoke County at Valleypointe; and 3. That an offer having been received for said property, the offer of Lingerfelt Development Corporation to purchase this property for Fourteen Thousand Four Hundred Ninety Dollars ($14,490) is hereby accepted; and 4. That all proceeds from the sale of this real estate are to be paid into the capital projects fund; and 5. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the conveyance of said property, all of which shall be upon form approved by the County Attorney. c , ~°% AT A REGULAR MEETING OF THE BOARD OF SIIPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 9, 1993 ORDINANCE 3993-10 AUTHORIZING THE LEASE FINANCING OF CERTAIN COUNTY FACILITIES WHEREAS, the County of Roanoke, Virginia ("County") has determined that it is necessary and advisable to undertake the acquisition, renovation, improvement, and equipping of certain facilities consisting of the real estate on which the County's administration and Board of Supervisors' offices will be located and improvements thereon ("County Administration Center") and improvements to the County facilities located at 3738 Brambleton Avenue, S.W. and renovations and improvements to the existing school administration building and annex (collectively, the "Project") and to obtain financing for the Project through lease revenue bonds in the maximum principal amount of $4,750,000 ("Bonds") to be issued by the Industrial Development Authority of Roanoke County, Virginia ("Authority"). The County will lease the County Administration Center to the Authority pursuant to a lease ("Lease"). The Bonds will be payable solely from the revenues derived by the Authority from the Financing Lease from the Authority to the County ("Financing Lease") pursuant to which the Authority will lease the County Administration Center back to the County and the County agrees to make rental payments, subject to annual appropriation, sufficient to pay the principal of and interest on the Bonds; and WHEREAS, the Bonds will be issued pursuant to the following documents: (i) Indenture of Trust between the Authority and 1 Crestar Bank ("Trustee"); (ii) Lease; (iii) Financing Lease; (iv) Deed of Trust from the Authority to the individual trustees named therein, as trustees; (v) Assignment of Rents and Leases between the Authority and the Trustee; (vi) Preliminary Official Statement and Official Statement with respect to the issuance and sale of the Bonds; and (vii) Bond Purchase Agreement among Alex. Brown & Sons Incorporated ("Underwriter"), the County and the Authority. All of the documents listed above, except the Preliminary Official Statement, Official Statement and the Bond Purchase Agreement, are to be dated for reference as of March 1, 1993. All of the documents listed above, except the Bonds, the Preliminary Official Statement and the Official Statement are referred to in this Ordinance as the "Basic Documents"; and WHEREAS, the first reading of this ordinance was held on February 23, 1993; and the second reading was held on March 9, 1993. NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County, Virginia: 1. Issuance of Bonds. The County requests the Authority to issue its Bonds in the maximum amount of $4,750,000 to be paid from revenues derived from payments made by the County pursuant to the Financing Lease. 2. Authorization of Financing Documents. The Bonds and the Basic Documents are approved in substantially the forms on file with the County Administrator, with such changes, insertions, or omissions (including, without limitation, changes of the dates 2 thereof) as may be approved by the Chairman of the Board of Supervisors or by the County Administrator, whose approval shall be evidenced conclusively by the execution and delivery of the Basic Documents to which the County is a party. The execution and delivery of and performance by the County under the Bonds and the Basic Documents to which it is a party are authorized. 3. Execution of Documents. The Chairman and Vice Chairman of the Board of Supervisors and the County Administrator, or any of them, are authorized to execute on behalf of the County the Basic Documents to which the County is a party, and, if required, the County Administrator is authorized and directed to affix or the cause to be affixed the seal of the County to the Basic Documents and to attest such seal. Such officers or their designees are authorized to execute and deliver on behalf of the County such instruments, documents or certificates, and to do and perform such things and acts, as they shall deem necessary or appropriate to carry out the transactions authorized by this Ordinance or contemplated by the Basic Documents; and all of the foregoing, previously done or performed by such officers or agents of the County, are in all respects approved, ratified and confirmed. 4. Sale of Bonds. The County Administrator and the Chairman of the Board of Supervisors or either of them, is authorized and directed to consent to the terms of the sale of the Bonds by the Authority to the Underwriter and to execute and deliver the Bond Purchase Agreement, provided that (i) the true interest cost of the Bonds shall not exceed 9%, (ii) the aggregate principal amount of 3 the Bonds shall not exceed $4,750,000 (iii) the sale price of the Bonds to the Underwriter shall not be less than 97~ of the aggregate principal amount thereof and (iv) the final maturity of the Bonds shall not be later than 25 years from their date. The approval of such officers shall be evidenced conclusively by the execution and delivery of the Bond Purchase Agreement. 5. Approval of Official Statement. The Official Statement with respect to the issuance and sale of the Bonds is hereby approved in substantially the form of the Preliminary Official Statement on file with the County Administrator. The distribution of the Preliminary Official Statement and the Official Statement is approved. The County Administrator is authorized to deem the Preliminary Official Statement "final" for purposes of Securities and Exchange Commission Rule 15c2-12. 6. Nature of Obligations. Nothing in this Ordinance, the Bonds or the Basic Documents shall constitute a debt of the County and the Authority shall not be obligated to make any payments under the Bonds or the Basic Documents except from payments made by or on behalf of the County under the Financing Lease. The County Administrator is directed to submit for each fiscal year a request to the Board of Supervisors for an appropriation to the Authority for an amount equal to the rental payments coming due under the Financing Lease for the next fiscal year. The County's obligations to make payments to the Authority pursuant to this resolution shall be subject to and dependent upon annual appropriations being made from time to time by the Board of Supervisors for such purpose. 4 Nothing in this Resolution, the Bonds or the Financing Lease shall constitute a pledge of the full faith and credit of the County beyond the constitutionally permitted annual appropriations. 7. Effective Date. This Ordinance shall take effect immediately. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Nickens, Minnix NAYS: None ABSTAIN: Supervisor Eddy A COPY TESTE: ~c~ ~ Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Diane D. Hyatt, Director, Finance Paul M. Mahoney, County Attorney Alfred C. Anderson, Treasurer Edward A. Natt, Industrial Development Authority 5 ACTION NO. ITEM NUMBER S - "'7~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 9, 1993 AGENDA ITEM: Approval of Ordinance Authorizing the Lease Financing of Certain County Facilities COUNTY ADMINISTRATOR'S COMMENTS: ar~y~ SUMMARY OF INFORMATION: On December 15, 1992, the Board of Supervisors approved the second reading of the ordinance authorizing the acquisition of property know as the Traveler's Building. In order to complete the financing package for this facility, it is necessary to adopt the attached ordinance which approves the financing and lease documents related to this transaction. The first reading of this ordinance was held on February 23, 1993. The pricing of the bonds is scheduled for March 10, 1993 but, preliminary estimates may be available at the March 9, 1993 Board meeting. STAFF RECOMMENDATION: Staff recommends approving the second reading of the attached ordinance authorizing the lease financing of certain County facilities. Respectfully submitted, Approved by, ~ r .~r,a. 1..J . ~ta. Diane D. Hyatt Elmer C. Hodge Director of Finance County Administrator r-y ACTION VOTE Approved () Motion by: No Yes Abs Denied () Eddy _ _ _ Received () Johnson _ _ _ Refereed () Kohinke _ _ _ To () Minnix _ _ _ Nickens 1 "' ,L,~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 9, 1993 ORDINANCE AUTHORIZING THE LEASE FINANCING OF CERTAIN COUNTY FACILITIES WHEREAS, the County of Roanoke, Virginia ("County") has determined that it is necessary and advisable to undertake the acquisition, renovation, improvement, and equipping of certain facilities consisting of the real estate on which the County's administration and Board of Supervisors' offices will be located and improvements thereon ("County Administration Center") and improvements to the County facilities located at 3738 Brambleton Avenue, S.W. and renovations and improvements to the existing school administration building and annex (collectively, the "Project") and to obtain financing for the Project through lease revenue bonds in the maximum principal amount of $4,750,000 ("Bonds") to be issued by the Industrial Development Authority of Roanoke County, Virginia ("Authority"). The County will lease the County Administration Center to the Authority pursuant to a lease ("Lease"). The Bonds will be payable solely from the revenues derived by the Authority from the Financing Lease from the Authority to the County ("Financing Lease") pursuant to which the Authority will lease the County Administration Center back to the County and the County agrees to make rental payments, subject to annual appropriation, sufficient to pay the principal of and interest on the Bonds; and WHEREAS, the Bonds will be issued pursuant to the following documents: (i) Indenture of Trust between the Authority and 1 ..L.' Crestar Bank ("Trustee"); (ii) Lease; (iii) Financing Lease; (iv) Deed of Trust from the Authority to the individual trustees named therein, as trustees; (v) Assignment of Rents and Leases between the Authority and the Trustee; (vi) Preliminary Official Statement and Official Statement with respect to the issuance and sale of the Bonds; and (vii) Bond Purchase Agreement among Alex. Brown & Sons Incorporated ("Underwriter"), the County and the Authority. All of the documents listed above, except the Preliminary Official Statement, Official Statement and the Bond Purchase Agreement, are to be dated for reference as of March 1, 1993. All of the documents listed above, except the Bonds, the Preliminary Official Statement and the Official Statement are referred to in this Ordinance as the "Basic Documents"; and WHEREAS, the first reading of this ordinance was held on February 23, 1993; and the second reading was held on March 9, 1993. NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County, Virginia: 1. Issuance of Bonds. The County requests the Authority to issue its Bonds in the maximum amount of $4,750,000 to be paid from revenues derived from payments made by the County pursuant to the Financing Lease. 2. Authorization of Financing Documents. The Bonds and the Basic Documents are approved in substantially the forms on file with the County Administrator, with such changes, insertions, or omissions (including, without limitation, changes of the dates 2 s- y thereof) as may be approved by the Chairman of the Board of Supervisors or by the County Administrator, whose approval shall be evidenced conclusively by the execution and delivery of the Basic Documents to which the County is a party. The execution and delivery of and performance by the County under the Bonds and the Basic Documents to which it is a party are authorized. 3. Execution of Documents. The Chairman and Vice Chairman of the Board of Supervisors and the County Administrator, or any of them, are authorized to execute on behalf of the County the Basic Documents to which the County is a party, and, if required, the County Administrator is authorized and directed to affix or the cause to be affixed the seal of the County to the Basic Documents and to attest such seal. Such officers or their designees are authorized to execute and deliver on behalf of the County such instruments, documents or certificates, and to do and perform such things and acts, as they shall deem necessary or appropriate to carry out the transactions authorized by this Ordinance or contemplated by the Basic Documents; and all of the foregoing, previously done or performed by such officers or agents of the County, are in all respects approved, ratified and confirmed. 4. Sale of Bonds. The County Administrator and the Chairman of the Board of Supervisors or either of them, is authorized and directed to consent to the terms of the sale of the Bonds by the Authority to the Underwriter and to execute and deliver the Bond Purchase Agreement, provided that (i) the true interest cost of the Bonds shall not exceed 9~, (ii) the aggregate principal amount of 3 -~ ~/ the Bonds shall not exceed $4,750,000 (iii) the sale price of the Bonds to the Underwriter shall not be less than 97$ of the aggregate principal amount thereof and (iv) the final maturity of the Bonds shall not be later than 25 years from their date. The approval of such officers shall be evidenced conclusively by the execution and delivery of the Bond Purchase Agreement. 5. Approval of Official Statement. The Official Statement with respect to the issuance and sale of the Bonds is hereby approved in substantially the form of the Preliminary Official Statement on file with the County Administrator. The distribution of the Preliminary Official Statement and the Official Statement is approved. The County Administrator is authorized to deem the Preliminary Official Statement "final" for purposes of Securities and Exchange Commission Rule 15c2-12. 6. Nature of Obligations. Nothing in this Ordinance, the Bonds or the Basic Documents shall constitute a debt of the County and the Authority shall not be obligated to make any payments under the Bonds or the Basic Documents except from payments made by or on behalf of the County under the Financing Lease. The County Administrator is directed to submit for each fiscal year a request to the Board of Supervisors for an appropriation to the Authority for an amount equal to the rental payments coming due under the Financing Lease for the next fiscal year. The County's obligations to make payments to the Authority pursuant to this resolution shall be subject to and dependent upon annual appropriations being made from time to time by the Board of Supervisors for such purpose. 4 s-y Nothing in this Resolution, the Bonds or the Financing Lease shall constitute a pledge of the full faith and credit of the County beyond the constitutionally permitted annual appropriations. 7. Effective Date. This Ordinance shall take effect immediately. c:\wp5 ]\agenda\reakst\craveLlse 5 r- y Cost of Lease Revenue Bonds for New County Facilities* Preliminary Pricing March 9, 1993 Issue Size Interest Rate Total Gross Debt Service Total Net Debt Service Net Annual Debt Service - Fy 1994 - Approximate level thereafter March 9, 1993 December 15 Preliminary Total Board Meeting Pricing Savings $ 4,300,000 $ 4,260,000 7.0% 5.65% 8 424,750 $ 7,172,462 $ 7,924,750 $ 6,400,700 $ 1,524,050 $ 301,000 $351,000-$478,000 $ 226,284 $ 345,000 * This includes funds for renovating the School Administration and School Annex for the Social Services department, renovation of the current administration building for Parks and Recreation, and the purchase and renovation of a new County Administration Building. i V1 C 00 v ~ ~ W~ O ~~~a// IrM 1~ ~~ { I I M Q~ J .--1 Q ~ R~~ `~ 4 .~ V -~ a o. ~~ 00 ~° ~, r M -~ ~ h _~ 4 ~. q~ 1 O~ ,~ r~ i r-t rf C M "~~ "M~ M ~-r O O~ QQ ~ ~Q ~1 v v v v ' r ' r r ~^ ~~ AT A REGIILAR MEETING OF THE BOARD OF SIIPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COIINTY ADMINISTRATION CENTER ON TIIESDAY, MARCH 9, 1993 ORDINANCE 3993-11 VACATING A 10-FOOT BY 24-FOOT WATERLINE EASEMENT LOCATED ON COMMON PROPERTY LINE OF LOTS 37 AND 38, HUNTING HILLS PLACE, SECTION 3 BIIBDIVISION (PB 9 PAGE 354) LOCATED IN THE CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, Boone, Boone & Loeb, Inc. has requested the Board of Supervisors of Roanoke County, Virginia to vacate a 10-foot by 24- foot waterline easement located on the common property line of Lots 37 and 38, Hunting Hills Place, Section 3 Subdivision in the Cave Spring Magisterial District as shown in Plat Book 9, at page 354 of record in the Clerk's Office of the Roanoke County Circuit Court; 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 reading of this ordinance was held on February 23, 1993; and the second reading of this ordinance was held on March 9, 1993. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a 10-foot by 24-foot waterline easement located on the common property line of Lots 37 and 38, Hunting Hills Place, Section 3 Subdivision in the Cave Spring Magisterial District of record in Plat Book 9, at page 354, in the Office of the Clerk of the Circuit Court of Roanoke County, Virginia, be, and hereby is, vacated pursuant to Section 15.1-482 (b) of the 1950 Code of Virginia, as amended; and, 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. 3. That Boone, Boone & Loeb, Inc. shall record a certified copy of this ordinance with the Clerk of the Circuit Court and shall pay all fees required to accomplish this transaction and in addition, shall be responsible for all costs and expenses associat- ed herewith. 4. That as a further condition to the adoption of this ordinance, 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 it, its heirs, successors, or assigns. On motion of Supervisor Kohinke to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: Mary H Allen, Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Terry Harrington, Director, Planning & Zoning Paul M. Mahoney, County Attorney Clifford D. Craig, Director, Utility ACTION # ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER MEETING DATE: March 9, 1993 AGENDA ITEM: Request approval to vacate a 10 foot by 24 foot waterline easement located on common property line of lots 37 and 38, Hunting Hills Place, Section 3 Subdivision, as recorded in Plat Book 9, Page 354, located in the Cave Spring Magisterial District COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY: The petitioner, Boone, Boone & Loeb, Inc., the owner of lots 37 and 38 is requesting that the Board of Supervisors vacate a 10 foot by 24 foot waterline easement, as described above, by ordinance, in order to remove encumbrance on existing lots 37 and 38, so that they may be re-subdivided. BACKGROUND The 10 foot x 24 foot easement was originally created to accommodate a double water meter for lots 37 and 38, in Hunting Hills, Section 3 Subdivision. These lots are to be re-subdivided in the County's approved development plans for the Courtyards, Hunting Hills, Section 4 and the existing easement is now in conflict with the proposed dwelling unit location for new lot 2. SUMMARY OF INFORMATION Roanoke County staff is requesting that the described waterline easement be vacated in accordance with Chapter 11, Title 15.1-482(b), Code of Virginia, 1950, as amended, by the adoption of the attached ordinance. -~... The second reading is scheduled to held on March 9, 1993. STAFF RECOMMENDATION County staff recommends that the Board of Supervisors adopt the proposed ordinance to vacate the 10 foot by 24 foot waterline easement located on common property line of lots 37 and 38, Hunting Hills Place, Section 3 and instruct the County Attorney to prepare the necessary Ordinance. BY: APPROVED BY: Arnold Covey, ec~r Elmer C. Hodge of Engineering & In pections County Administrator --------------------------------------------------------------- ACTION VOTE Approved ( ) Denied ( ) Received ( ) Referred To Motion by: No Yes Abs Eddy Johnson Kohinke Minnix Nickens pc: Paul M. Mahoney, County Attorney ~- ACTION # _ ~.+ ITEM NUMBER '~' ~'~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER MEETING DATE: March 9, 1993 AGENDA ITEM: Request approval to vacate a 10 foot by 24 foot waterline easement located on common property line of lots 37 and 38, Hunting Hills Place, Section 3 Subdivision, as recorded in Plat Book 9, Page 354, located in the Cave Spring Magisterial District COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY: The petitioner, Boone, Boone & Loeb, Inc., the owner of lots 37 and 38 is requesting that the Board of Supervisors vacate a 10 foot by 24 foot waterline easement, as described above, by ordinance, in order to remove encumbrance on existing lots 37 and 38, so that they may be re-subdivided. BACKGROUND The 10 foot x 24 foot easement was originally created to accommodate a double water meter for lots 37 and 38, in Hunting Hills, Section 3 Subdivision. These lots are to be re-subdivided in the County's approved development plans for the Courtyards, Hunting Hills, Section 4 and the existing easement is now in conflict with the proposed dwelling unit location for new lot 2. SUMMARY OF INFORMATION Roanoke County staff is requesting that the described waterline easement be vacated in accordance with Chapter 11, Title 15.1-482(b), Code of Virginia, 1950, as amended, by the adoption of the attached ordinance. ,,,~°~ The public hearing is scheduled to held on March 9, 1993. STAFF RECOMMENDATION County staff recommends that the Board of Supervisors adopt the proposed ordinance to vacate the 10 foot by 24 foot waterline easement located on common property line of lots 37 and 38, Hunting Hills Place, Section 3 and instruct the County Attorney to prepare the necessary Ordinance. S ITTED BY: APPROVED BY: Arnold Covey, Direct r Elmer C. Hodge of Engineering & In pections County Administrator --------------------------------------------------------------- ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Eddy Received ( ) Johnson Referred Kohinke To Minnix Nickens pc: Paul M. Mahoney, County Attorney 60T 3 yUNrq~~ N~ Hid ~ SEA N~ (P 3 9 f Ps 3o y~ i _ PiGOGi(i 4, 9E G1fON~N~; 2: • "Ht/NTINf~ HfG65" P, 9. 6 PG•63 ,for 4 N ~~ e M m C- ~ ~:~ m ~ m ~ i* _s i~ O y J X. Q Q ~6 a ., 1 p ~ m ~O ~ J -' _ AyEMENt~ ~w °a i5~ pugblG a tl~liY E _ - w EXItiiIN(~ ~~ -'- oa X~o N hE REw.EAbEMENi ~. ~~ c~ a EXIh;INEI 15' hANItAaY _ _.- r z 4 4 EX r 5T, f 0':~f 74' WATEFL 41NE EAyf; MENr (TO 3E VAGATEO~ f~ '. 5• ~,^1G HtL~9 GrRGGE N~~ - 30' R14Hr-OF-NAY fOA, PRtVATE RDAQ ~ Pp9GlG gff417Y EASEMENT NOTE: THIS PROPERTY IS NOT LOCATED -WITIiIId TF:E LIMITS OF A 100 YEAR FLOOD BGUNDARY AS DESIGNATED BY FEPfA. THIS OPINION ~IS BASED ON AN INSPECTION OF THE FLOOD IPISUR- ANCE RATE MAP AND HAS NOT BEEN VERIFIED BY ACTUAL FIELD ELEVATIONS. PLAT SI:OWING • 10' X 24' WATERLINE EASEMENT TO BE VACATED BY ROANOKE COUNTY BOARD OF SUPERVISORS "HUNTING HILLS PLACE" ~g,Al+- f1 Off, SECTION No. 3 (P.B. 9 PG. 354) tL ~ CAVE SPRING MAGISTERIAL DISTRICT O _r II '~ -9Z -~~ ROANOKE COUNTY, VIRGINIA ~' ~. a .t~l` •::~: $ HENDE , N, .~R: ~ SCALE: 1 ^ = 4 0 ' DATE: 9 DECEMBER 19 9 2 P~.~ ~,~- sty nta "',< 1480:: LUMSDEN ASSOCIATES, P. C. y fyD~~04. ENG INFERS-SURVEYORS-PLANNERS ROANOKE, WROINIA N83-I/8V ~~ ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 9, 1993 ORDINANCE VACATING A 10-FOOT BY 24-FOOT WATERLINE EASEMENT LOCATED ON COMMON PROPERTY LINE OF LOTS 37 AND 38, HUNTING HILLS PLACE, SECTION 3 SUBDIVISION (PB 9 PAGE 354) LOCATED IN THE CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, Boone, Boone & Loeb, Inc. has requested the Board of Supervisors of Roanoke County, Virginia to vacate a 10-foot by 24- foot waterline easement located on the common property line of Lots 37 and 38, Hunting Hills Place, Section 3 Subdivision in the Cave Spring Magisterial District as shown in Plat Book 9, at page 354 of record in the Clerk's Office of the Roanoke County Circuit Court; 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 reading of this ordinance was held on February 23, 1993; and the second reading of this ordinance was held on March 9, 1993. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a 10-foot by 24-foot waterline easement located on the common property line of Lots 37 and 38, Hunting Hills Place, Section 3 Subdivision in the Cave Spring Magisterial District of record in Plat Book 9, at page 354, in the Office of the Clerk of the Circuit Court of Roanoke County, Virginia, be, and hereby is, vacated pursuant to Section 15.1-482 (b) of the 1950 Code of Virginia, as amended; and, 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. 3. That Boone, Boone & Loeb, Inc. shall record a certified copy of this ordinance with the Clerk of the Circuit Court and shall pay all fees required to accomplish this transaction and in addition, shall be responsible for all costs and expenses associat- ed herewith. 4. That as a further condition to the adoption of this ordinance, 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 it, its heirs, successors, or assigns. c:\wp51\agenda\vacation\hunting.hill g40GK~ 4, hEG1.rDN; No, Z ~ ~ '-~- a m ~ ~ ~. a o '~- ' x, J Q -~_ . I ~ ~ ~ t1 36 z ` 0 4 c~ ~~ ~~~ Y E ASEMEN .f._ ~ u ~ ~ u T1l,l'( ~. Q. yE IM&~.~~y EME _.._ - i ~ ~ hA N t to aY f ~ __.. -- .. ~ ~ ,. ~XIhtIN~1 --- ~ ~ o o .. ti` ~X 1 hT, t 0',?( 74' wATE~ ~~NE EAg~NiENT: (T4 gF VaGarE~) . ":. - ~~ 5' , f. ~~r A M~Gt~~ GraG~,~ 30' R1bNr- OF- N'AY FDa, PAIVATE R4R4 ~• PugctG UT i c1 rY EASEMENT NOTE: THIS PROPERTY IS NOT LOCATED 'WITHIN THE LIMITS OF A I00 YEAR FLOOD. BGUNDARY AS DESIGNATED BY FEPSA. THIS OPINION ~IS BASED ON AN INSPECTIOPI OF TH% FLOOD IP7SUR- ANCE RATE MAP AND HAS NOT BEEN VERIFIED BY ACTUAL FIELD PLAT SIiOWING ELEVATIONS. 10' X 24' WATERLINE EASEMENT TO BE VACATED BY ROANOKE COUNTY BOARD OF SUPERVISORS "HUNTING HILLS PLACE" ~~p,L ~p1~'. SECTION No. 3 (P.B. 9 PG. 354) ACTION NO. ITEM NO. ~" // CP d`, AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 9, 1993 AGENDA ITEM: ORDINANCE DECLARING A 0.268 ACRE PARCEL OF REAL ESTATE KNOWN AS "BROOKLAWN WELL LOT" TO BE SURPLUS AND ACCEPTING/REJECTING AN OFFER FOR THE SALE OF SAME ORDINANCE DECLARING A 0.098 ACRE PARCEL OF REAL ESTATE KNOWN AS "SUMMERDEAN LOT A" TO BE SURPLUS AND ACCEPTING/REJECTING AN OFFER FOR THE SALE OF SAME COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY- This report requests the Board of Supervisors (1) to declare Tax Map No. 27.12-2-4 "Summerdean Lot A" and Tax Map No. 26.20-4-11 "Brooklawn Well Lot" to be surplus properties, (2) to ratify the advertisement for sale and active marketing of said properties, and (3) to adopt at second reading ordinances authorizing the sale of either or both of these properties. SUMMARY OF INFORMATION: On February 9, 1993, the Board directed that certain County properties be disposed of, and that notice of this availability for sale be advertised in the newspaper. In order to fulfil the Board's intent concerning this transaction, staff is requesting that the Board (1) declare Tax Map No. 27.12-2-4 "Summerdean Lot A" and Tax Map No. 26.20-4-11 "Brooklawn Well Lot" to be surplus properties, (2) ratify the advertisement for sale and active marketing of said properties, and (3) adopt at second reading ordinances authorizing the sale of either or both of these properties. FISCAL IMPACTS- The proceeds from the sale of these surplus properties shall 1 ..~ ®~ ~~ be paid into the capital projects fund. STAFF RECOMMENDATION: Staff recommends that the Board (1) declare Tax Map No. 27.12- 2-4 "Summerdean Lot A" and Tax Map No. 26.20-4-11 "Brooklawn Well Lot" to be surplus properties, (2) ratify the advertisement for sale and active marketing of said properties, and (3) adopt at second reading ordinances authorizing the sale of either or both of these properties. Respectfully submitted, r-~ ~. . ~ .'~ ti. v Paul M. Mahoney County Attorney Action Approved ( ) Denied ( ) Received ( ) Referred to Motion by c:\wp5]\agenda\realest\well.lo[ Vote No Y si Abs Eddy U Johnson Kohinke Nickens Minnix 2 AT A REGULAR MEETING OF THE BOARD OF SIIPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER, TUESDAY, MARCH 9, 1993 ORDINANCE 3993-12.a DECLARING A 0.098 ACRE PARCEL OF REAL ESTATE KNOWN AS "SUMMERDEAN LOT A" TO BE SURPLUS AND ACCEPTING/REJECTING AN OFFER FOR THE SALE OF SAME BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject property is hereby declared to be surplus and is being made available for other public uses; and 2. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading and public hearing was held on February 23, 1993; and a second reading was held on March 9, 1993, concerning the sale and disposition of a 0.098 acre parcel of real estate known as "Summerdean Lot A", Tax Map No. 27.12-2-4; and 3. That an offer having been received for said property, the offer of Mark Agner to purchase this property for 5100.00 is hereby accepted,'"'^; c^}c'' ; and 4. That all proceeds from the sale of this real estate are to be paid into the capital projects fund; and 5. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the conveyance of said property, all of which shall be upon form approved by the County Attorney. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: ~- Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Paul M. Mahoney, County Attorney John D. Willey, Director, Real Estate Assessment Diane D. Hyatt, Director, Finance .'e~-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, MARCH 9, 1993 ORDINANCE DECLARING A 0.098 ACRE PARCEL OF REAL ESTATE KNOWN AS "SUMMERDEAN LOT A" TO BE SURPLUS AND ACCEPTING/REJECTING AN OFFER FOR THE SALE OF SAME BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject property is hereby declared to be surplus and is being made available for other public uses; and 2. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading and public hearing was held on February 23, 1993; and a second reading was held on March 9, 1993, concerning the sale and disposition of a 0.098 acre parcel of real estate known as "Summerdean Lot A", Tax Map No. 27.12-2-4; and 3. That an offer having been received for said property, the offer of to purchase this property for is hereby accepted/rejected; and 4. That all proceeds from the sale of this real estate are to be paid into the capital projects fund; and 5. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the conveyance of said property, all of which shall be upon form approved by the County Attorney. c:\wp5 ] \agenda\realesta\summerde ~- 6 AT A REGIILAR MEETING OF THE BOARD OF SIIPERVISORS OF ROANORE COIINTY, VIRGINIA, HELD AT THE ROANORE COIINTY ADMINISTRATION CENTER, TIIESDAY, MARCH 9, 1993 ORDINANCE 3993-12.b DECLARING A 0.268 ACRE PARCEL OF REAL ESTATE KNOWN AS "BROORLAWN WELL LOT" TO BE SIIRPLIIS AND ACCEPTING/REJECTING AN OFFER FOR THE SALE OF SAME BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject property is hereby declared to be surplus and is being made available for other public uses; and 2. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading and public hearing was held on February 23, 1993; and a second reading was held on March 9, 1993, concerning the sale and disposition of a 0.268 acre parcel of real estate known as "Brooklawn Well Lot", Tax Map No. 26.20-4- 11; and 3. That an offer having been received for said property, the offer of Dale and Diane East to purchase this property for $1,200.00 is hereby accepted,'M~;~c*'~a; and 4. That all proceeds from the sale of this real estate are to be paid into the capital projects fund; and 5. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the conveyance of said property, all of which shall be upon form approved by the County Attorney. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: m ~~~ ~/~ Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Paul M. Mahoney, County Attorney John D. Willey, Director, Real Estate Assessment Diane D. Hyatt, Director, Finance ~ ~, AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, MARCH 9, 1993 ORDINANCE DECLARING A 0.268 ACRE PARCEL OF REAL ESTATE KNOWN AS "BROOKLAWN WELL LOT" TO BE SURPLUS AND ACCEPTING/REJECTING AN OFFER FOR THE SALE OF SAME BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject property is hereby declared to be surplus and is being made available for other public uses; and 2. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading and public hearing was held on February 23, 1993; and a second reading was held on March 9, 1993, concerning the sale and disposition of a 0.268 acre parcel of real estate known as "Brooklawn Well Lot", Tax Map No. 26.20-4- 11; and 3. That an offer having been received for said property, the offer of to purchase this property for is hereby accepted/rejected; and 4. That all proceeds from the sale of this real estate are to be paid into the capital projects fund; and 5. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the conveyance of said property, all of which shall be upon form approved by the County Attorney. c:\wp51 \agenda\realesta\brooklawn ACTION NUMBER ITEM NUMBER °'~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 9, 1993 SUBJECT: Appointments to Committees, Commissions and Boards COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Library Board Unexpired four-year term of Dorothy Shifflett, representing the Catawba Magisterial District. Her term will expire December 31, 1995. Ms. Shifflett has resigned and her resignation letter is attached. SUBMITTED BY: Mary H. Allen Clerk to the Board APPROVED BY: ~~ Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Eddy Received ( ) Johnson Referred ( ) Kohinke To ( ) Minnix Nickens ~....» a Mr. Ed Kohinke Board of Supervisors P.O. Box 29800 Roanoke, Virginia 24018-0798 February 17, 1993 Dear Mr. Kohinke, This is to inform you I am resigning my position as Catawba representative on the Library Board of Trustees, effective immediately. Sincerely, ~~ ~~~~.~ Dorothy Shifflett 4789 Vintage Lane Salem, Virginia 24153 ! +w AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 9, 1993 RESOLUTION 3993-13 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 March 9, 1993, 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 8, inclusive, as follows: 1. Minutes of Meetings - January 12, 1993, January 26, 1993, February 9, 1993. 2. Resolution of Support for the Continuation of Federal Community Service Block Grants to Fund Total Action Against Poverty. 3. Approval of a Raffle Permit for the Valley Network Business and Professional Women's Club of Roanoke, Virginia. 4. Approval of a 50/50 Raffle Permit for 1993 for the William Byrd High School Cheerleading Booster Club. 5. Approval of Revisions to the Bylaws of the Mental Health Services of the Roanoke Valley. 6. Request for Acceptance of Bushdale Road into the Virginia Department of Transportation Secondary System. 7. Request for Acceptance of Duxbury Lane and Brewster Circle into the Virginia Department of Transportation Secondary System. 8. Acceptance of a Quitclaim Deed for Right-of-Way for Tinkerdale Road Extension. 2. That the Clerk to the Board is hereby authorized and t 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 Kohinke to adopt the resolution after discussion of Items 6 and 8, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: ~• ~ Mary H. A len, Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Dr. Betty McCrary, Director, Social Services / ` r / January 12, 1993 ,f ~~ ' ~~'~«.. ~. L 1 _ ' J Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, S.W. Roanoke, Virginia 24018 January 12, 1993 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the second Tuesday,-and the first regularly scheduled meeting of the month of January,. 1993. 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 H. Odell "Fuzzy" Minnix, Vice Chairman Lee B. Eddy, Supervisors Bob L. Johnson, Edward G. Kohinke, Sr., Harry C. Nickens (Arrived 3:05 p.m.) MEMBERB ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Brenda J. Holton, Deputy Clerk; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Green, Information Officer s January 12, 1993 3 ~ o Expediting the processing of disaster relief funds following the 1985 flood in the Roanoke Valley and continued efforts for long-term flood prevention projects; o Working with the County to obtain funding and support for the Explore Project, particularly with respect to the Roanoke River Parkway; o Assisting with the permitting process for Spring Hollow Reservoir and with negotiations resulting in the timely construction of the new Smith Gap Landfill; and o Intervening with Federal agencies to resolve issues related to the clean-up and closure of Dixie Caverns Landfill; and WHEREAS, Congressman Olin is now retiring from public service, and while he will no longer be representing the citizens of Roanoke County, he will always be remembered for his dedication to the Valley, his responsiveness to requests from his constituents, his frequent contact and support for citizens through the Town Meeting process, and his quick and unhesitating assistance in any problem involving the United States Government. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, on its own behalf and on behalf of the residents of the County, does hereby extend its sincere appreciation to CONGRESSMAN JIM OLIN for his help, his dedication and his outstanding service over the past ten years; and FURTHER, BE IT RESOLVED, that the Board extends its sincere wishes to Mr. Olin for a healthy, happy and productive retirement. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors,Ecldy, Johnson, Kohinke, Nickens, Minnix NAYS: None 1 January 12, 1993 1 ~ WHEREAS, Mr. Eddy also worked diligently during his term to represent all the citizens of Roanoke County and to promote regional projects which would benefit all the residents of the Roanoke Valley. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby extend its deepest appreciation to LEE B. EDDY for his service as Chairman during 1992 and for his belief in democracy and participation by citizens in local government. On motion of Supervisor Kohinke to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Nickens, Minnix NAYS: None ABSTAIN: Supervisor Eddy IN RE: NEW HIISINE88 1. Authorization to Issue uo to $8,000,000 Tag Anticipation Notes for Cash Flow Purposes. (Diane Hyatt, Director of Finance) R-11293-3 Ms. Hyatt and County Treasurer Fred Anderson were present to answer questions. Ms. Hyatt advised that the short term borrowing to cover the County's cash flow this year is $2,000,000 less than last year. On the advice of the County's financial advisers, there will be a public offering and since a high rating has been received on the T January 12, 1993 Public Finance Act of 1991. 2. Pledge of Taxes. The Board of Supervisors hereby pledges to the payment of principal of and interest on the Notes when due the taxes and other revenues available to the County for the current year. 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 15, 1993, or such other date as the Treasurer 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 June 16, 1993 or such later date as the Treasurer may approve, but not later than one year from their date. The Notes shall bear interest, payable at maturity at such annual rate as the Treasurer shall approve, provided that such interest rate shall not exceed 7~ per annum and shall be issued in such aggregate principal amount as the Treasurer shall approve, provided that such principal amount shall not exceed the maximum amount set forth in paragraph 1. The Notes shall not be subject to redemption before maturity, provided that if the Treasurer deems it to be in the best interest of the County, the Treasurer may provide that the Notes shall be subject to redemption before maturity at the option of the County at such times and upon such terms and conditions as the Treasurer may approve. 4. Form of Notes. The Notes shall be in substantially the form attached to this Resolution as Exhibit A with such appropriate January 12, 1993 _; °° J ~ 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 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 January 12, 1993 't 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 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, the Treasurer and such officers and agents of the County as either of them may designate are authorized and directed to execute a Non-Arbitrage Certificate and Tax Covenants setting forth ^~ S ,~ January 12, 1993 are authorized and directed to deem the preliminary official statement "final" for purposes of Securities and Exchange Commission Rule 15c2- 12. The Treasurer 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 Treasurer 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. Filina 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 Eddy, Johnson, Kohinke, Nickens, Minnix NAYS: None ?. Authorization to Reimburse 51,960.628.21 to the General Fund for costs Associated with Sprinq Hollow Reservoir . .~ .y i :,. .I January 12, 1993 incurs additional expense in tracking the bills, this cost will be passed on to the County. Supervisor Nickens moved to approve reimbursement of $1,960,628.21 from the Water Reservoir Bond Proceeds and to appropriate these funds to the Dixie Caverns Clean-Up Project. There was no vote. Supervisor Eddy made a substitute motion to approve the reimbursement but to reserve the funds for the Dixie Caverns Clean-up. The motion was denied by the following recorded vote: AYES: Supervisors Eddy, Johnson NAYS: Supervisor Kohinke, Nickens, Minnix Supervisor Nickens called for a vote on the original motion which was to approve the reimbursement and appropriate the funds to the Dixie Caverns Clean-Up Project. The motion carried by the following recorded vote: AYES: Supervisors Kohinke, Nickens, Minnix NAYS: Supervisor Eddy, Johnson 3. ApDrooriation of Additional School Revenues from the State to Subsidize Bond Payments. (Diane Hyatt, Director of Finance) A-11293-5 Ms. Hyatt advised that the recent appropriation from the State will increase revenues to the School by $43,671, and the School Board voted to allocate this money for the following expenditures: January 12, 1993 .: NAYS: Supervisor Nickens 4. ReQUest for yirQinia Department of Transportation Industrial Access Funds for valley Techpark. (Tim Gubala, Director of Economic Development) R-11293-6 Mr. Gubala advised that staff recommends that the County request from the Virginia Department of Transportation up to $450,000 in funds from the Industrial Access Fund Program to provide approximately one-half of the estimated cost of an access road to Valley Techpark property. This will allow the County three years from the date of an allocation by the Commonwealth Transportation Board to locate qualified industries in Valley Techpark, and avoid having to repay the allocation. Supervisor Johnson moved to adopt the resolution. motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RE8OLIITION 11293-6 SIIPPORTINGi REQIIEST FOR ZNDIISTRIAL ACCE88 FIINDB FOR VALLEY TECHPARR The WHEREAS, the Industrial Development Authority of Roanoke County, Virginia, and the Board of Supervisors have acquired 177 acres located in the County of Roanoke for the purpose of industrial development; and January 12, 1993 carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, Kohinke, Nickens, Minnix NAYS: A-11293-7 None 5. Request for Acceptance and Appropriation of Grant from the Trust Fund of the Comprehensive Services Act. (Dr. Betty McCrary, Director of Social Services) Dr. McCrary advised that the Roanoke County Community Policy and Management Team (CPMT) received a grant in the amount of $196,523 for start-up costs for the period January 1993 to January 1994. This grant will provide intensive in-home services to families involving targeted at-risk youth. The CPMT will be required to reapply for grant monies in the future. Supervisor Eddy moved to accept the grant and appropriation of $196,523. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A-11293-8 6. ReQUest from Hollins Rescue 8ctuad for Appropriation of Funds to Ecuip and Train Nea Members. (Tommy Fuqua, Fire and Rescue chief) Chief Fuqua advised that the Hollins Rescue Squad was requesting financial assistance to complete the training and provide ~~ January 12, 1993 AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None 1993 BOARD OF SIIPERVISORB COMMITTEE A88IGNMENTB H. ODELL MINNI% -- Clean Valley Council (2-year term expires 6/30/93) -- Roanoke Regional Airport Commission (4-year term expires 2/10/95) -- Liaison to the Virginia Association of Counties -- Roanoke Valley Economic Development Partnership (As Chairman) LEE B. EDDY -- Fifth Planning District Commission (3-year term expires 6/30/93) -- Recycling Advisory Committee BOB L. JOHNSON -- Audit Committee -- Roanoke Regional Airport Commission (4-year term expires 2/10/94) -- Total Action Against Poverty Board of Directors (2-year term expires 5/5/94. BLJ appointed Mrs. Elizabeth Stokes as his designee.) EDWARD G. ROHINRE -- Audit Committee -- Fifth Planning District Commission (3-year term expires 6/30/95) HARRY C. NICRENS -- Cablevision Committee -- Court Community Corrections Policy Board (3-year term expires 12/31/94) -- Social Services Board (4-year term expires 12/31/93) IN RE: REQZTESTS FOR WORK 8E88ION8 ~~ January 12, 1993 Supervisor Eddy and Supervisor Johnson inquired about a board policy for compensation for vacating rights-of-way. Mr. Hodge was directed to bring back at a later Board meeting a draft of a proposed policy for compensation to the County for obtaining rights- of-way. Supervisor Johnson moved to approve the first reading and set the second reading for January 26, 1993. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Nickens, Minnix NAYS: Supervisor Eddy IN RE: CONSENT AGENDA R-11293-10 Supervisor Johnson moved to approve the Consent Resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, Kohinke, Nickens, Minnix NAYS: None RESOLIITION 11293-10 APPROVING AND CONCIIRRZNG IN CERTAIN ZTEMB SET FORTH ON THE BOARD OF SIIPERVISORS AGENDA FOR THIS DATE DESIGNATED A8 ITEM I - 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 January 12, 1993, designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item M January 12, 1993 ~`' '' AYES: Supervisors Eddy, Johnson, Kohinke, Nickens, Minnix NAYS: None RESOLIITION 11293-10.k OF THE BOARD OF SIIPERVI80R8 OF TH8 COIINTY OF ROANOICE, VIRGINIA 11ITH RESPECT TO THE COIINTY OF ROANOICE, VIRGINIA $3,700,000 GENERAL OBLIGATION PIIBLIC I1~PROVEMENT BOND ANTICIPATION NOTEB, SERIEB 1993 The Board of Supervisors of the County of Roanoke, Virginia ("County") adopted a resolution on December 15, 1992 ("Resolution") authorizing the issuance and sale of the County's Anticipation Notes, Series 1993 ("Notes"). The County has determined that it is in the best interest of the County to provide that the Notes will not be subject to redemption before their maturity. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Notwithstanding anything to the contrary in the Resolution, the Notes shall not be subject to redemption before their maturity. Except as modified hereby, the Resolution remains in full force and effect. 2. This resolution shall take effect inunediately. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, Kohinke, Nickens, Minnix NAYS: None January 12, 1993 positions; Roanoke City received none; and this item could be added to the legislative package (8) He asked about Dr. McCrary's request for support of three items contained in a letter he gave to staff for evaluation and recommendation. Mr. Hodge will bring back recommendations on January 26, 1993. (9) He announced that he will seek the Republican Party nomination and re-election as Supervisor for the Windsor Hills Magisterial District. Sutiervisor Nickens• (1) He asked that the budget staff work with the School Board to have a 1993-94 contingency line item. (2) He feels that it is time to examine once again the idea of having the Roanoke Valley Economic Development Partnership, Inc. be the regional voice for economic development. IN RE: REPORTB Supervisor Johnson moved to receive and file the following reports after discussion of Items 5, 6, and 7. The motion carried by a unanimous voice vote. 1• General Fund IInaoorooriated Balance ?. Capital Fund IIna~orooriated Balance 3• Board contingency Fund 4• Statement of Revenues and E enditures as of November 30= 1992 5• Results of Audit of the Machinery and Tools Taa Supervisor Nickens requested that a blank copy of the audit -+ °~ January 12, 1993 '' t~ y Mr. Gubala introduced the members of the Community Development Team who were present and gave an overview of the team mission and organization. Anne Marie Green defined the Community Development Team problem statement which was "How to assist in the creation and retention of jobs with Roanoke County". She described the on-going internal actions of several departments to create and retain jobs within the County. Arnold Covey presented a case study of the site planning and building permit processes for Optical Cable Corporation. Ricky Showalter reported on the external actions to create and retain jobs within the County. He gave a case study of the special events programs as part of the tourism development. Mr. Gubala reported on the future opportunities to create and retain jobs in Roanoke County such as Valley TechPark, and other industrial and tourism projects. He gave a case study of the Explore Project. Supervisor Johnson suggested that economic impact statements be prepared on the Spring Hollow Reservoir, Smith Gap Landfill, and the bond referendum on joint action projects. Supervisor Nickens suggested that the Lancerlot Sports Complex in Vinton be contacted and offered assistance if necessary to retain the Rampage Hockey team. Mr. Gubala will also notify the Roanoke Valley Convention & Visitors Bureau. IN RE: RECESS At 5:50 p.m., Chairman Minnix declared a recess. IN RE: RECONVENEMENT January 12, 1993 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 to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, Kohinke, Nickens, Minnix NAYS: None IN RE: ADJOIIRNMENT At 9:18 p.m., Supervisor Johnson moved to adjourn. The motion carried by a unanimous voice vote. H. Odell "Fuzzy" Minnix, Chairman j ~ ~ January 26, 1993 IN RE: OPENING CEREMONIES The invocation was given by John M. Chambliss, Jr., Assistant County Administrator. The Pledge of Allegiance was recited by all present. IN RE: REQIIE8T8 TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Chairman Minnix added Item 10 to the Consent Agenda, Approval of raffle permit for Unity of Roanoke Valley. County Attorney Paul Mahoney advised that Item D.6, Adoption of a resolution authorizing the acquisition by eminent domain for the Bushdale Road Rural Addition Project, was being deleted as it was no longer necessary. Mr. Mahoney added Item D.8, Discussion on proposed legislative action on recommendations by the Social Services Board. Mr. Mahoney requested delaying Item H.3, Ordinance authorizing a lease with the Roanoke Valley Youth Soccer Club, Inc., until the evening session so that the soccer club representative could be present. Mr. Mahoney advised that he will distribute a revised ordinance for Item R.2, Ordinance authorizing a Special Use Permit to allow summer concerts upon the petition of The Easter Seal Society of VA. Supervisor Eddy added an Executive Session Item 2.1-344 (A) (5) To discuss location of a prospective business. January 26, 1993 Service and often provided direct on-line service to customers; and WHEREAS, Freeda Bailey, through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to FREEDA BAILEY for over 24 years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, Kohinke, Nickens, Minnix NAYS: None ?. Resolution of Ao~reciation IIDOn Retirement of Carrie Lester. Clerk of Circuit Courts Office. R-12693-2 Ms. Lester was present to accept the resolution and a savings bond from Chairman Minnix. Supervisor Johnson moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, Kohinke, Nickens, Minnix NAYS: None January 26, 1993 .~ , ~ 4 :; 3. Recognition of ~~Extra Mile Club's Members for their Customer Service Efforts. (Anita Hammerstrom, Training Coordinator) Ms. Hammerstrom reported that 187 nominations had been received from May 1, 1992, through October 30, 1992, from citizens, employees and Board Members who wished to recognize employees who went the "extra mile" in providing customer service. Half of this group was recognized at the December 15, 1992 board meeting and the other members of the group were recognized at this meeting. IN RE: NEW BIISINE88 1. Rewest for Appropriation of Funds for Rutrough Road Improvements for Virginias Explore Park. (Joyce Waugh, Economic Development Specialist) A-12693-3 Ms. Waugh advised that in order to ensure Virginia's Explore Park opening on schedule in Spring, 1994, a public access to the park is necessary since the Blue Ridge Parkway extension is not scheduled to be completed until 1996. It is being proposed that Rutrough Road be used as public access for an interim period. If Rutrough Road is used, it should be included in the six-year construction plan so that the Virginia Department of Transportation (VDOT) can begin planning the upgrade. There is a scheduled public hearing on this amendment to January 26, 1993 a ~} Department of Social Services as a Jurisdiction Wide Ayencv. (Dr. Betty McCrary, Director of Social services) A-12693-4 Dr. McCrary advised that the Department of Social Services is a local agency which receives State and Federal funding, and must adhere to the personnel guidelines and mandates set forth by the State Department. This situation causes problems because the guidelines for the State are not always the same as for other employees of Roanoke County. Dr. McCrary advised that the Board of Social Services is requesting that the Department of Social Services become a locally administered agency effective January 1, 1994, with the compensation portion effective June 1, 1993. This would allow Roanoke County to administer the classification, compensation and personnel plan for the Social Services employees. The current Administrative Board would become an Advisory Board as of June 1, 1993, and the Director of Social Services would report to the Roanoke County Administrator. Supervisor Johnson expressed his concern that the employees of the Department of Social Services were not sufficiently informed of this pending change. Dr. McCrary indicated that she would be willing to hold staff meetings with the employees to provide more information. Supervisor Nickens moved to approve the request. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Nickens, Minnix January 26, 1993 !~' ~ f~ ~ ~~ NAYS: Supervisor Johnson, Kohinke, Nickens, Minnix Supervisor Johnson moved to approve the relocation. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, Johnson, Kohinke, Nickens, Minnix None 4. Revuest to Declare the Octden Senior Center Property to be surplus and to Begin Efforts to Market Said Property. (Paul M. Mahoney, County Attorney) A-12693-6 Mr. Mahoney was present to answer questions. In response to Supervisor Eddy's inquiry about funds to pay for the environmental audit of the property, Mr. Mahoney advised these would come from the Economic Development Capital Fund. Supervisor Nickens suggested that the property be marketed for the best price available since it is in a strategic location. Supervisor Nickens moved to approve the request. carried by the following recorded vote: AYES: NAYS: The motion Supervisors Eddy, Johnson, Kohinke, Nickens, Minnix None 5. Remlest for an Additional Appropriation to the 1992 93 Budcet fgr the Revional Special Education Board. (Dr. Eddie Rolb. Roanoke County Schools) A-12693-7 January 26, 1993 Valley governments to see if there would be any interest in pursuing regional cooperation through the merger of the economic development departments. Supervisor Eddy suggested that County staff explore the options and evaluate ways the regional approach could be implemented. Chairman Minnix announced that he had been invited to attend an economic development meeting of government heads on February 23, 1993, and suggested postponing any action until after that time. Supervisor Johnson expressed his concern at creating another quasi-governmental agency but had no objections to a study being made. Supervisor Kohinke advised that the Board had approved an economic development strategy for the County and he was reluctant to ask staff to make another study. Supervisor Nickens suggested that the Economic Development Partnership needs to be revitalized. Supervisor Eddy moved for staff to bring back ways to implement a regional approach to economic development, and prepare preliminary subjects for discussion before Chairman Minnix's economic development meeting on February 23, 1993. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, Nickens, Minnix NAYS: Supervisor Kohinke Supervisor Eddy suggested that all the chambers of commerce in the area be included in future requests for any discussion on economic development.' January 26, 1993 ': ;; , Corner of Brambleton Avenue and Pleasant Hill Drive Windsor Hills Magisterial District, Ucon the Petition of Jackson Associates, Ltd. of Virginia Corp. Supervisor Johnson moved to approve the first reading and set the public hearing for February 23, 1993. the following recorded vote: AYES: NAYS: IN RE: The motion carried by Supervisors Eddy, Johnson, Kohinke, Nickens, Minnix None FIRST READING OF ORDINANCES 1. Ordinance Amending and Reenacting Section 7 18. ~~Permit Fees~~ of Article II, ~~Buildinq Code~~ of Chanter 7, Building Regulations of the Roanoke County Code to Permit Monthly Billing of Certain Permits. (Arnold Covev, Director of Engineering & Inspections) Mr. Covey advised that the Department of Engineering & Inspections has been working with the various County departments to develop an Automated Billing System which would bill contractors on a monthly basis for trade and some building permits. that the ordinance to be reworded for clarity. Supervisor Nickens moved to approve the first reading and The motion carried by the following recorded vote: January 26, 1993 . • •, ,,~ ;J °~' • , amount of fees and notification procedures. IN RE: CONSENT AGENDA R-12693-10 Supervisor Johnson moved to approve the Consent Agenda. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, Kohinke, Nickens, Minnix NAYS: None RESOLIITION 12693-10 APPROVING AND CONCIIRRZNG 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 January 26, 1993, 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 10, inclusive, as follows: 1. Approval of Minutes - December 1, 1992; December 15, 1992, December 31, 1992, and January 4, 1993. 2. Acknowledgement of Acceptance of 0.07 Miles of Elizabeth Drive into Secondary System by the Virginia Department of Transportation. 3. Donation of Drainage Easement in Connection with the West River Road Project (P-71) to County of Roanoke. 4. Acceptance of Shrewsbury Court into the Virginia ~,i ti .~ January 26, 1993 the Intersection of Chippenham Drive (State Route 1980) to the cul-de- sac 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 Kingston Court, Section 2 and Section 5, Subdivision which maps were recorded in Plat Book 10, Page 58 and Plat Book 13, Page 87, of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on May 7, 1987 and April 24, 1991, 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 road known as Shrewsbury Court and which is shown on a certain sketch accompanying this Resolution, be, and the same is hereby established as a public road to become a part of the State Secondary System of Highways in Roanoke County, only from and after notification of official acceptance of said street or highway by the Virginia Department of Transportation. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, Kohinke, Nickens, Minnix NAYS: None RESOLU'PION 12693-10.e CONCERNING THE CERTIFICATION OF ROANORE COUNTY'S COMMIINITY POLICY AND MANAGEMENT TEAM January 26, 1993 '-~ 'M ti / ^-J' Supervisor Kohinke• (1) He has been meeting with the community civic leagues, and expressed his appreciation to John Chambliss, Spencer Watts and Mr. Hodge for their assistance. (2) He advised that he attended the 30th Anniversary banquet of the Fort Lewis Volunteer Fire Department. Supervisor Eddv• (1) He advised that while attending the meeting of the Virginia Association of Planning District Commissions in Richmond recently, Mr. George Foresman, Director ~f the Local Affairs Division, State Department of Emergency Services, was very complimentary of several members of County staff. Mr. Foresman was optimistic about that the County would receive a FEMA grant and advised that the County should know by mid-February. (2) He asked Mr. Hodge for an interpretation of a recent letter regarding the location of the Visitor Center on the Blue Ridge Parkway. Mr. Hodge advised that he feels this is a request for reaffirmation of the Board's recommendation on the Visitor Center, and he will send the information again. (3) He asked for an update on Charter amendment for hotel/motel tax. Mr. Mahoney advised that the Subcommittee passed the bill with 50% of new revenues allocated to tourism. In Committee, Senator Bell amended the bill to provide 100% of new revenues to go to tourism activities. If the legislature gets out of the Senate and to the House, Mr. Mahoney will ask direction from the Board. Supervisor Nickens• (1) He announced that Mrs. Angela McPeak was being employed as the Cable Television Government Access Manager effective February 1, 1993. (2) He suggested setting the tax rates at the last meeting in March rather than April so that the bills j ~ January 26, 1993 unanimous voice vote. 1. General Fund IInappropriated Balance ?. Capital Fund IInappropriated Balance 3. Board Contingency Fund 4. Statement of Revenues and Eupenditures as of December 31, 1992. 5. Report on the Boundary Line Adjustment Between the City of Roanoke Town of Vinton and Count of Roanoke lyinevard Park-Berkley Court-Daleton Avenue) 6. Report on the 1991 Water Projects. ?. Report on the Roanoke valley Resource Authority Solid Waste Facilities. 8. Report on Bond Projects. 9. Re ort on Com ensation to Count for Ri hts-of-Wa s. IN RE: EBECIITIVE SESSION At 6:25 p.m., Supervisor Nickens moved to go into Executive Session pursuant to the Code of Virginia Section 2.1-344 A (3) Discussion on the acquisition of real property for public library purposes, and leases and other proposed uses of the Travelers Building. (7) For consultation with legal counsel, and briefings by staff and consultants concerning contract negotiations requiring legal advice. (7) Consultation with legal counsel concerning potential litigation; clean up of an illegal dump. (5) To discuss location of a prospective business. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, Kohinke, Nickens, Minnix ~; January 26, 1993 `'~ allocations for funding reviewed in July, 1993. Mr. Jeff Echols from the Virginia Department of Transportation was present. Mr. Cecil Bollinger, 3689 Rutrough Road, advised that he was concerned that the residents were told that Rutrough Road would not be used as an access to Explore Park, and now this is changing. Supervisor Nickens advised that it was agreed that Rutrough Road would not be used as an access point to the Explore Park, but it would be used as a construction and service entrance to that area. He further advised that a community group had been created to deal with the potential impact of the Explore Project on the residents of the area. He felt that the community is supportive of the upgrading of Rutrough Road for use for approximately two years as an access to the Explore Park. Supervisor Eddy advised that he would oppose this amendment because of his concerns about providing the funds for this road improvement which were discussed at the afternoon session. Supervisor Nickens moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Nickens, Minnix NAYS: Supervisor Eddy RESOLIITION 12693-11 APPROVING THE AMENDMENT TO THE BECONDARY SYSTEM SI8 YEAR CONSTRUCTION PLAN FOR ROANORE COUNTY FOR THE PERIOD OF 1992-98 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The Board does hereby approve and adopt the Secondary System January 26, 1993 foot sewer easement be retained because several homes in the area are not on County sewer. Mr. Dean C. Henson, 6911 Dallas Road, one of the adjoining property owners, expressed his concern that if the right-of-way is vacated, he will have to relocate the gravel driveway providing access to the rear of his property. He also advised that the right-of-way is used for access to the park and as a walkway by neighbors. Mr. Fred Holdren, 6906 Goff Road, representing the other three adjoining property owners, McGlothlin, Donithan, and Holdren, spoke of their concern that traffic through the area on the unimproved right-of-way creates an unsafe situation. He indicated that they have no objections to it being used as a walkway but would restrict traffic. After further discussion, Supervisor Johnson moved to continue this item until the February 23, 1993 board meeting so that the parties and staff could reach agreement. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, Kohinke, Nickens, Minnix NAYS: None ?• Ordinance Authorizin a 8 ecial IIse Permit to Allow Summer Concerts Located in Valle ointe Hollins Ma ister'al District II on the Petition of The Easter Seal Society of yA. (Terry Harrington, Director of Planninc & Zoning) January 26, 1993 15, 1992, and the second reading and public hearing was held January 26, 1993; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on January 5, 1993; 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 a use-not-provided-for permit for a five year period ending September 30, 1997, allowing a maximum of twenty-five (25 summer concerts per year to be held from April until September of each year on a certain tract of real estate containing 2.4 acres (part of Tax Map Number 37.07-1-14) (unless the Zoning Administrator shall approve another location within Valleypointe Phase One) located at Valleypointe Corporate Development Community in the Hollins Magisterial District is hereby authorized. 2. That the applicant has voluntarily proffered the following conditions on the special use permit which the Board of Supervisors hereby accepts: Applicant shall be responsible for complying with all Use and Design Standards contained in § 30-87-3 of the Zoning Ordinance. Strategies for compliance shall be as generally outlined in the application materials dated November 13, 1992, and shall include the hiring of personnel to provide on-site security and direct traffic flow. Off-street parking areas shall be utilized as designated in the application materials. Adequate traffic lanes shall be preserved on all streets within Valleypointe. If parking is provided on Valleypointe Blvd., it shall be parallel parking only. 3. That this action is taken upon the application of The Easter January 26, 1993 i`~ ~ ~ i .. the meeting and will be discussed with the soccer club before the second reading of the ordinance: (1) level of insurance; (2) termination of lease; (3) roadways for the site; and (4) southside of Glade Creek. Mr. Chambliss advised that staff feels that the development of these fields in Vinyard Park No. 2 will enhance the soccer program for the County and the tournaments will help our tourism efforts. Mr. Tim Berry, representing the Roanoke Valley Youth Soccer Club, Inc., addressed the Board and displayed the concept plan for the site. After discussion, Supervisor Nickens moved to approve the first reading of the ordinance with the ordinance to be revised after discussion with County staff and the soccer club on several issues. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, Kohinke, Nickens, Minnix NAYS: None IN RE: EBECIITIVE SESSION At 8:10 p.m., Supervisor Nickens moved to go into Executive Session pursuant to the Code of Virginia Section 2.1-344 A (3) Discussion on the acquisition of real property for public library purposes, and leases and other proposed uses of the Travelers Building. (7) For consultation with legal counsel, and briefings by staff and consultants concerning contract negotiations requiring legal advice. (7) Consultation with legal counsel regarding potential January 26, 1993 _, i ± .j ~ 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 Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, Kohinke, Nickens, Minnix NAYS: None IN RE: ADJOIIRNMENT At 10:10 p.m., Supervisor Johnson moved to adjourn. The motion carried by a unanimous voice vote. H. Odell "Fuzzy" Minnix February 9, 1993 t recited by all present. IN RE: REQIIESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Supervisor Eddy added an item regarding the sewer and water contracts with the City of Roanoke to the Executive Session. =4r. Mahoney asked that Item H-3, an ordinance authorizing a lease with the Roanoke Valley Youth Soccer Club, Inc. be continued to February 23, 1993. IN RE: PROCLAMATIONS, RESOLIITIONS, RECOGNITIONS, AND AWARDS 1. Introduction of the Cable Television Government Access Manager. (Anne Marie Green. Fublic Information Officer) Ms. Green introduced Angela McPeak who was recently hired as the Cable Television Government Access Manager. Supervisor Nickens asked for a meeting with Ms. McPeak to discuss future ideas for the government access channel. IN RE: NEW BOSINESS 1_ Presentation from the Roanoke Valle Povert Task Force. (Ted Edlich. Executive Director, Total Action A ainst Povert Mr. Edlich reported that in 1991, local community leaders and Total Action Again Poverty formed a 37-person task February 9, 1993 +: AYES: Supervisors Eddy, Johnson, Kohinke, Nickens, Minnix NAYS: None 3. Request to Establish Incentive Fund for Cleanuv of Ille al Dum s. Terr Harrin ton Plannin & Zoninq Director) A-2993-2 Mr. Harrington reported that the County Code requires that Roanoke County property owners maintain their property free of trash, but that frequently trash is being dumped without the knowledge or consent of the property. The staff is proposing that a $10,000 incentive fund be established to cover tipping fees resulting from the cleanup of trash from roadside dumps. Property owners would make written application and the County would evaluate the application against criteria established to administer the funds. Staff recommended that the $10,000 be appropriated from the Board Contingency Fund. In response to a question from Supervisor Eddy, Mr. Harrington advised that funds would be used only to cover the tipping fees. Supervisor Johnson advised he would abstain because he managed property that is currently being used as an illegal dump. Supervisor Nickens moved to appropriate $10,000 from the Board Contingency;Fund. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Kohinke, Nickens, Minnix -~ ~^• February 9, 1993 "~ other county departments to permit billing of contractors on a monthly basis for such permits; and WHEREAS, such a monthly billing procedure is designed to improve customer service by permitting certain permits to be obtained by phone, to reduce the volume of traffic to the County Administration Center and to increase revenue; and WHEREAS, the first reading of this ordinance was held on January 26, 1993; and the second reading on February 9, 1993. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Sec. 7-18. "Permit fees" of Article II. "BUILDING ..............::...:........:::::::::::::::::.~::::::::::::::;:;:;:.:~;;;; y person who commences any work for which such permit is required prior to obtaining the permit shall pay a sum equal to twice the February 9, 1993 ~ _f '~ ,~~ r time period for filing an application be retained at 15 days prior to the parade rather than 30 days. In response to questions from Supervisor Eddy, Mr. Obenshain advised that recommendations were made to protect first amendment rights and that because foot races would not block both sides of the street, notification would not be required. Supervisor Kohinke moved to adopt the amended ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, Kohinke, Minnix NAYS: Supervisor Nickens ORDINANCE 2993-4 AMENDING AND REENACTING CHAPTER 14 PARADES OF THE ROANORE COIINTY CODE WHEREAS, recent judicial decisions have raised concerns about the ability of localities to charge fees for services rendered by governmental employees, including law enforcement, related to publicly permitted parades; and WHEREAS, recent experience with parade permits in Roanoke County has demonstrated the need for changes to the County~s current Parade Ordinance to clarify the authority of the Chief of Police to deal with certain situations; and WHEREAS, the first reading of this ordinance was held on January 26, 1993; and the second reading was held on February 9, 1993. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Chapter 14 PARADES of the Roanoke County Code be 1 ~ ~~ _Y . ' 1J February 9, 1993 Sec. 14-4. Compliance with applicable laws and ordinances. Every person conducting or participating in a parade for which a permit is issued under this chapter shall comply with all applicable laws of the state and ordinances of the county. G:Qi (Code 1971, § ilA-14) Sec. 14-5. Indemnification of county. The applicant for a parade permit and any other person, organization, firm or corporation on whose behalf the application is made, by filing such application, thereby represent, February 9, 1993 ,... ... ...... ...............,.~. ~~r~+aue~.y ~c~op~ec~ ans~ p~bl~.cs~ec~x?~y ~~e ~k~~e~ ~~f~~iq tine<`< sec. 14-9. Applicability of article to the Town of Vinton. wf~#t;>e ,X~~~.~ts C~ ~~Ze ~dfi~ #~~ ~~nt~r~<< Secs. 14-10--14-20.~Reserved. February 9, 1993 r ~~ ~~ applicant and notarized and shall contain the following information: (1) The name, address and telephone number of the person seeking to conduct the parade. (2) If the parade is proposed to be conducted for, on behalf of or by an organization, the name, address and telephone number of the headquarters of the organization and of the authorized and responsible heads of such organization. (3) The name, address and telephone number of the person who will be the parade chairman and who will be responsible for its conduct. (4) The date when the parade is to be conducted. (5) The route to be traveled, the starting point and the termination point. (6) The approximate number of persons who, and animals and vehicles which, will constitute the parade and the type of animals and a description of the vehicles. (7) The hours when such parade will start and terminate. (8) A statement as to whether the parade will occupy all or only a portion of the width of the streets proposed to be traversed. (9) The location, by streets, of any assembly areas for the parade. (10) The time at which units of the parade will begin to assemble at any such assembly area or areas. Y ,~ ` o ~ February 9, 1993 a- (Code 1971, § 11A-7; Ord. No. 62690-8, § 7, 6-26-90) Sec. 14-24. Issuance or denial. (a) The chief of police shall act upon an application for a parade permit, within seven (7) days after the filing thereof, by either issuing or denying the permit. If he denies the permit, the chief of police shall mail to the applicant, by certified mail, or have served upon the applicant, within seven (7) days after the date upon which the application was filed, a notice of his action stating the reasons for the denial of the permit. Any person aggrieved shall have the right to appeal such denial or granting of a parade permit to the circuit court of the county. The appeal shall be taken within eight (8) days after receipt of the notice of denial or granting of such permit. (b) The chief of police shall issue a parade permit when, from a consideration of the application and from such other information as may otherwise be obtained, he finds that: (1) The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route. (2) The conduct of the parade will not require the diversion of so great a number of law-enforcement officers of the county, to properly police the line of movement and the areas contiguous thereto, as to prevent normal police protection to the county. (3) The conduct of the parade will not require the '~` '~ .. February 9, 1993 .: a1~.. ar ~ ...; ......... :.:.::::....... >partion I cif ,. a ' wit ~ ~ ..... o 3eGahda'ry ~out~ is ~nvotrec~:~ (c) The chief of police, in denying an application for a parade permit, may authorize the conduct of the parade on a date, at a time or over a route different from that named by the applicant. An applicant desiring to accept an alternative permit shall, within two (2) days after notice of the action of the chief of police, file a written notice of acceptance with the chief of police. An alternative parade permit shall conform to the requirement of and shall have the effect of a parade permit under this chapter. (Code 1971, §§ 11A-8--11A-11; Ord. No. 62690-8, § 7, 6-26-90) Sec. 14-25. Contents. Each parade permit shall contain the following information: (1) Date of the parade. (2) Starting time and termination time of the parade. (3) The portions of the streets to be traversed that may be occupied by the parade. (4) The number of persons, animals and motor vehicles that will be in the parade. ...,,...,.... ................. ~~':.....~~~.~:~~~~~t:..;:::>~~reh--e~~~r-~re~+a~e~-as the chief of police shall find necessary for the enforcement of this chapter. (Code 1971, § 11A-13; Ord. No. 62690-8, § 7, 6-26-90) Sec. 14-26. Copy to be sent to certain officials. Immediately upon the issuance of a parade permit, the chief ;j ~ February 9, 1993 The chief of police shall have the authority to m~~l revoke a parade permit upon any violation of the standards for issuance, as set forth in section 14-24(b). (Code 1971, § 11A-15; Ord. No. 62690-8, § 7, 6-26-90) 2. This ordinance shall be in effect from and after the date of its adoption. On motion of Supervisor Kohinke to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: Supervisor Nickens 3. Ordinance Authorizinc a Lease with the Roanoke yallev Youth Soccer Club. Inc. for use of Real Estate Located North of Glade Creek at vine and Park #2. (Paul Mahonev. County Attorney) Supervisor Johnson moved to continue this item until the February 23, 1993 meeting. The motion carried by a unanimous voice vote. IN RE: APPOINTMENTS 1. Leave of Older Americans Advisory Council. Supervisor Eddy nominated Frances Holsinger to serve another one-year term ;which will expire March 31, 1994. February 9, 1993 -i 7. Donation of Drainage Easement in Connection with the Oakland Blvd. Project (P-127) 8. Acceptance of Donations of Right-of-way and Authorization to Execute Agreement for the Bushdale Road Rural Addition Project. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Johnson to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLIITION 2993-S.e REQIIESTING ACCEPTANCE OF FLINTLOCK ROAD INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That this matter came this day to be heard upon the proceedings herein, and upon the application for Flintlock Road a section of road extending from Hunting Hills Drive, Route 1541, extending in a north easterly direction 0.05 miles to the intersection of Flintlock Lane, Route 1946 and continuing in a loop 0.46 miles back to Flintlock Lane, Route 1946, for a total of 0.51 miles, pursuant to Section 33.1-72.1, Paragraph C-1 and funded pursuant to Section 33.1-75.1, Paragraph A of the Code of Virginia of 1950, as amended. 2. That this Board does guarantee the Commonwealth of February 9, 1993 Tinkerdale Road from the intersection of Loman Drive (Paper Street) to cul-de-sac 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 this Board does guarantee the Commonwealth of Virginia an unrestricted right-of-way of 50 feet with necessary easements for drainage as recorded in Deed Book 673, Page 124 and Deed Book 1391, Page 484, of record in the Roanoke County Clerk's Office. 3. That said road known as Tinkerdale Road and which is shown on a certain sketch accompanying this Resolution, be, and the same are hereby established as a public road to become a part of the State Secondary System of Highways in Roanoke County, only from and after notification of official acceptance of said street or highway by the Virginia Department of Transportation. 4. That this Board does certify that speculative interest is not involved. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: REPORTS AND INQIIIRIES OF BOARD MEMBERS Supervisor Eddy_ (1) He asked about the judicial sale of tax delinquent properties. Mr. Mahoney advised that at his evaluation the Board agreed that he should not begin the sale r February 9, 1993 .7 IN RE: WORK SESSION 1. Budcet Work session on Revenues Mr. Hodge presented the revenue projections which show an increase of 3.27$ or $2,113,700. Another potential revenue source is the $225,000 host locality fee when the new regional landfill opens. Mr. Hodge explained that he did not include the proposed increase in the Transient Occupancy tax because it had not yet passed both the House and Senate. Mr. Hodge advised that major known expenditures include $270,000 to cover increased tipping fees for the new landfill, $32,000 for modifications required by the Americans with Disabilities Act, and $418,000 to fund the debt service deficit incurred by the schools. Pending issues include the sale of the Ogden property; the County~s share of the cost of replacing a ladder for the Vinton ladder truck and decisions on whether to raise the sewer rates or continue to supplement them from the General Fund. Other unknown considerations included when employee salary increases would be instituted and whether the Board decided to reinstate leaf vacuum collection. Following discussion, it was Board consensus not to include leaf vacuum collection in the budget at this time, and to institute salary increases for schools and County employees on July 1, 1993. IN RE: EBECIITIVE SESSION February 9, 1993 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 Johnson to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: ADJOIIRN1rIENT At 6:13 p.m., Supervisor Johnson moved to adjourn. The motion carried by a unanimous voice vote. H. Odell "Fuzzy" Minnix, Chairman r _~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 9, 1993 RESOLUTION 3993-13.a SUPPORTING TH8 CONTINUATION OF THE FEDERAL COMMUNITY SERVICES BLOCK GRANT PROGRAM WHEREAS, Community Services Block Grants come from the U. S. Department of Health and Human Services and funds programs that attack the root causes of poverty, and WHEREAS, Total Action Against Poverty, Roanoke Valley's local community action agency, is one of 960 existing agencies throughout the United States that rely on CSBG for its funding, and WHEREAS, in 1991, TAP received $1.2 million in CSBG funding which leveraged an additional $15 million to assist low income residents in the Roanoke Valley, and WHEREAS, Community Services Block Grants provided services such as emergency assistance, technical assistance to low income community groups, basic education instruction and support services for youth drop outs, training to unemployed and underemployed, and supplemental food to needy families, serving 8,484 households and 22,904 persons. THEREFORE BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, supports the continuation by the federal government of this valuable program which provides funding for the Roanoke Valley's community action agency, Total Action Against Poverty. BE IT FURTHER RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that the Clerk to the Board of Supervisors is directed to send certified copies of this resolution to the United States Senators and United States Congressmen serving the Roanoke Valley. On motion of Supervisor Kohinke to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: Jam" . Mary H. lien, Clerk Roanoke County Board of Supervisors cc: File The Honorable Charles S. Robb, U.S. Senate The Honorable John Warner, U. S. Senate The Honorable Robert W. Goodlatte, U. S. Representative The Honorable Rick Boucher, U. S. Representative Dr. Betty McCrary, Director, Social Services Elizabeth Stokes, County Appointee, TAP Board of Directors Theodore J. Edlich, Executive Director, TAP ACTION NO. ITEM NUMBER ' AT A REGIILAR MEETING OF THE BOARD OF SIIPERVISORS OF ROANORE COUNTY, VIRGINIA HELD AT THE ROANORE COIINTY ADMINISTRATION CENTER MEETING DATE: March 9, 1993 AGENDA ITEM: Resolution of Support for the Continuation of Community Services Block Grant for Total Action Against Poverty. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Community Services Block Grants (CSBG) come from the U. S. Department of Health and Human Services and funds programs that attack the root causes of poverty. In Virginia, it is administered by the Virginia Department of Social Services. Applications for funding are made to the state agency by individual community action agencies. Total Action Against Poverty is the local community action agency in the Roanoke Valley. It is one of 960 existing agencies throughout the United States that rely on CSBG funds. CSBG funds constitutes the core funding used to leverage additional funding for educational, employment, housing, nutrition and other programs. In 1991, $1.2 million from the Virginia Department of Social Services allowed TAP to leverage and bring to the Roanoke Valley $15 million to assist low-income residents. Attached is a chart of services provided, the number of households impacted and an estimated number of persons served. Total Action Against Poverty has requested support from individuals and governments in assuring that the CSBG Program will continue under the new administration. Elizabeth Stokes, County Appointee to the TAP Board of Directors, wrote to former Chairman Lee Eddy asking for support from the Board of Supervisors. Several Board members suggested that the Board of Supervisors adopt a resolution expressing support for the continuation of this program. STAFF RECOMMENDATION: It is recommended that the Board of Supervisors adopt the attached resolution expressing support for the continuation of the Community Services Block Grant Program, and that certified copies of the resolution be forwarded to the U. S. Senators and U. S. Congressmen representing Roanoke County. ~~ Elmer C. Hod County Administrator ---------------------------------------------------------------- ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Eddy Received ( ) Johnson Referred ( ) Kohinke To ( ) Minnix Nickens SERVICES n Food, utility payments, clothing for Families in crisis Counseling, referrals and assistance With basic needs for abused, deserted And displaced women and their children m uni r aniz ion Technical assistance to low income community groups Water/Wastewater Surveys Applications for assistance from VA Water Project Edu- Workshops and campus visits for low income youth to learn and enter college Basic education instruction and support services for youth dropouts Adult Basic Education and support services Literacy Instruction After-school activities for youth Emg1Qy.~1s'~I Occupation-specific training to Unemployed and underemployed for clerical/computer careers Re-employment and job placement assistance far youth N ri i Supplemental food to needy families TOTAL IMPACT ~~ HOUSEHOLDS PERSONS 160 60 600 76 180 24 156 68 24 20 120 7,000 8,484 384 144 600 184 180 24 156 68 24 20 120 21,000 22,904 K-~, AT A REGIILAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COIINTY, VIRGINIA, HELD AT THE ROANORE COONTY ADMINISTRATION CENTER ON TOESDAY, MARCH 9, 1993 RESOLIITION SIIPPORTING THE CONTINIIATION OF THE FEDERAL COMMONITY SERVICES BLOCK GRANT PROGRAM WHEREAS, Community Services Block Grants come from the U. S. Department of Health and Human Services and funds programs that attack the root causes of poverty, and WHEREAS, Total Action Against Poverty, Roanoke Valley's local community action agency, is one of 960 existing agencies throughout the United States that rely on CSBG for its funding, and WHEREAS, in 1991, TAP received $1.2 million in CSBG funding which leveraged an additional $15 million to assist low income residents in the Roanoke Valley, and WHEREAS, Community Services Block Grants provided services such as emergency assistance, technical assistance to low income community groups, basic education instruction and support services for youth drop outs, training to unemployed and underemployed, and supplemental food to needy families, serving 8,484 households and 22,904 persons. THEREFORE BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, supports the continuation by the federal government of this valuable program which provides funding for the Roanoke Valley's community action agency, Total Action Against Poverty. BE IT FURTHER RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that the Clerk to the Board of Supervisors is directed to send certified copies of this resolution to the United States Senators and United States Congressmen serving the Roanoke Valley. A-3993-13.b 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: March 9, 1993 AGENDA ITEM: Request for approval Network Business and Roanoke, Virginia COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: of a Raffle Permit from Valley Professional Women's Club of The Valley Network Business and Professional Women's Club of Roanoke, Virginia has requested a permit to hold a raffle on April 29, 1993 in Roanoke County. 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 from the Valley Network Business and Professional Women's Club of Roanoke, Virginia, be approved. SUBMITTED BY: APPROVED BY: Mary H. Allen Elmer C. Hodge Clerk to the Board County Administrator Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: Edward G. Kohinke VOTE No Yes Abs Eddy x Johnson x Kohinke x Minnix x Nickens x cc: File Bingo/Raffle File ~~ 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. sew. of the criminal statutes of the Virginia Code, and by Section 4-86 et. se 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: RAFFLE PERMIT / Name of Organization Va~~ Street Address Non~E (check one) BINGO GAMES ~ ~e~-u~ark, ~uSlneSS Gt-n.cL ~~at~SSfana~ u Jovlnec~, 5 ~, tl!'r9tnia~ Mailing Address ~v ~+y~~t~ ~e~1~e~ 2~6 ~IIZST ~(t~l~i~Jel-(. S~U~r2~..~ City, State, Zip Code ~OANbK~ , l1l~ ~~b(~ Purpose and Type of Organization ~~~-~~~ a ~iLV-off' ~it/orn-~.~ . -f-v a-~,uoza~ ~ When was the organization founded? i~~9 ~~'iu~-k 1 Roanoke County meeting place? ~,c~ G(~ hev - t~Illns ~-.bll K-3 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 N~f~- Attach copy of IRS Tax Exemption Letter. /Y~!} Officers of the Organization: President: ~,lnda I~.urk~Aw~ Vice-President EvP~ n {^a~5~t~" Address: FD.~o~ 8y7 Address: Salem, Va 2~~53 Secretary: ,'~cth~~e, ~GL~CC2-''SoY~ Treasure Address : j30 ~ S~- ~err~P.r' ~d , NW Address ~6cvu.~l~y , ~a 2~v~~ P. ~ . P~o~! `1 ~a3 p 6 . ~jo ~ 1381, Zo~~~ ua a~o~~ Member authorized to be responsible for Raffle or Bingo operations: Name: ~a~~~ rr~ih Home Address St~.~ ~ ~GL~U-t,~,(~ (~rl vC. ~~ ~ ~.OA~~ ~c-c. , UGC ~~Ol S Phone ~ ~~ ~ 7lb Bus Phone ~j ~ a 0 6 ~~ A COMPLETE LIST OF THE NAMES AND ADDRESSES OF CURRENT MEMBERSHIP MUST BE FURNISHED WITH THIS APPLICATION. (5~~ p.rrr~c.--tcn (-~51`~ Specific location where Raffle or Bingo Game is to be conducted. RAFFLES: Date of Drawing 4-~Lg~~j3 Time of Drawing g )'j'i/ 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 K-3 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. Jo fie. ~ i vev~ a5 G~ Sc~.aluv~5(~~~ --. `~ D ,~ ~~ ~ ~~ ~ ~ ~ ~ ~G~~ ~° ~' ~ ~~~ c,~~- ~ ~ ~ ~~~ a~ ~'~ ~- ~~ ~l - ~ ~ ~~ ~ ~ ~~~ ~ ~~ l 2~ -~ ~ ~~' ~= ~~ 3 K-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 .e- 2. Does your organization understand that it is a violation of law to enter into a contract with any person or firm, association, organizatiop, 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 K_ 3 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? 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? 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? G,~l 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 K~3 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? ~%Qo 15. Has your organization attached a copy of its bylaws to this application form? co 16. Has the organization been declared exempt from property taxation under the Virginia Constitution or statues? N~Q If yes, state whether exemption is for real, personal property, or both and identify exempt property.~4„~~..at-~on da~5 {~.v~ kav~ Uncr vim( 1'tS LY 17. State the specific type and purpose of the organization. BPGtJ ~ d.~.d.~ eat/ ~ ~.y ~, ~~-t.t. yuU~.c-v~2'cX~ -.~.~,~ tc~ayl~Y~-' ~ -~~~~~> 18. Is this organization incorporated in Virginia? /I~a 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?_ 1JA- (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? Nfa- (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 ,/ ~ p~ ~ d',.-x-a-~,~1 . (~~ ~ . Gc ~~ c c / ~ c~c ~ Cs-~ ~~Z,~ /~-~~e-Y.o~ ~ re~~i ~k.'~-u.~e.~~ ~ ~ ~ ~ K- 3 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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: S~~ 5 a~fl ~-~-~-~~~"~ ~-~~.'~~ J Name Title Home Address Subscribed and sworn before me, this ryu-day of ~~ 19 93 in the County/City of ~~..,~y~<-- Virginia. My c~~mmission expires: 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. / ~ ~-~2- `~~ L/ ~ Date Co issioner o the Revenue The above application is not approved. Date Commissioner of the Revenue 9 ~~ ~ ~ ^ ~ P n ~ON~~ ~ ~ 7 OJl - ti ~ J U p Y ~ ~ p fn 2 V ~ ~ O ~C (v Q ~ m O 1~~ 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 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 ~~~~-,d~~- ~e~l~~'~ BYLAWS VALLEY NETWORK BUSINESS AND PROFESSIONAL WOMEN ARTICLE I Name The name of this local organization shall be the Valley Network Business and Professional Women's Club of Roanoke, Virginia. ARTICLE II Objectives The objectives of this local organization shall be: 1. To elevate the standards for women in business and in the professions; 2. To promote the interests of business and professional women; 3. To bring about a spirit of cooperation among business and professional women of the United States; 4. To extend opportunities to business and professional women through education along lines of industrial, scientific, and vocational activities. _' ARTICLE III Emblem The emblem shall be in the form of a circle in which the symbols of the Nike, Scroll, Torch, Wand, and Ship of Commerce are imposed above the initials NFBPWC. ARTICLE IV Policies SECTION I: This local organization shall be nonsectarian, nonpartisan, and nonprofit. SECTION II: The policies and procedures of the state and national federations as applicable shall in every case also be the policies and procedures of this local organization. ARTICLE V Membership SECTION I: Membership shall be held by individuals who support the objectives of BPW/USA. Membership shall be: A. Active 1. Employed individuals; 2. Retired individuals who became members while employed, and provided dues have been paid for each year since retirement. B. Student Individuals enrolled in college or a university, or any other accredited educational institution above the high school level. SECTION II: Membership in this local organization shall be all inclusive for membership in: A. The Virginia Federation of Business and Professional Women's Clubs, Inc. (BPW/VIRGINIA); ° B. The National Federation of Business and Professional Women's Clubs,.z~ of the United States of America (BPW/USA); C. The International Federation of Business and Professional Women ~~• SECTION III: A member, in good standing, may request transfer from one local organization to another. SECTION IV: A local organization may not refuse to accept the transfer of a member in good standing. SECTION V: The only criteria for membership shall be per Article V, Section I, and the payment of appropriate dues. ARTICLE VI Local Organization Requirements SECTION I: This local organization, to remain in good standing: A. Shall maintain a membership of at least ten (10) active members, a majority of whom are employed; B. Shall not be an integral part of any other national organization; and C. Shall insure that the local organization bylaws are current and not in conflict with state and national bylaws and policies. SECTION II: Should membership fall below ten (10) active members, this local organization shall be dropped from the state and national federations at the end of the fiscal year. ARTICLE VII Dues SECTION I: Dues are payable upon acceptance to membership, and thereafter, annually on May 1. SECTION II: The local organization shall remit an additional two dollars ($2.00) for each continuing member whose dues have not been postmarked ork or before August 1 to the state treasurer. SECTION III: Annual dues for each active member shall include local, state and national dues as specified in the current respective bylaws. (See Annendix for current amount.) . 1 the- stated-nazi -. State dues shall include a subscription to the official state publication and A-~tral-national dues shall include individual dues to the International Federation. SECTION IV: Dues for active members admitted to membership between December 1 and May 31 shall include local, state and national dues as specified in the current respective bylaws. (See Appendix for current amount.) be- r-espy. State dues shall include a subscription to the official state publication and national dues shall include individual dues to the International Federation. SECTION V: Dues for each student member shall include local, state and national- dues as specified in the current respective bylaws. (See Appendix for current amount.) b e state-and ~~*'~ ~ ~ ~~~~~ ro~ro^*;.tp~u State dues shall include a subscription to the official state publication and-natie -individual dues-to-the-fnter~atior~al-~d~ation. '~ . -~ SECTION VI: Dues for dual members showing proof of membership in another state shall be one of the following: A. State and local membership shall include state and local dues as specified in the current respective bylaws (see Appendix for current amount) with the state dues including a subscription to the official state publication; or B. Local membership only shall include local organization dues (see Appendix for current amount). SECTION VII: Dues for dual members showing proof of membership in BPW/Virginia local organization shall be the local organization dues. (See Appendix for current amount.) SECTION VIII: ~SEC~I{~N~~: Each local organization shall pay national annual convention dues of sic - (~) ten dollars ($10.00) and state annual young careerist dues of five dollars ($5.00) to defray th_e young careerist expenses to National Convention. -- National convention and state young careerist dues shall accompany the local organization's first annual remittance of dues. SECTION IX: --S-EC-T~QN V-l~: A continuing member is one whose dues are paid in the same local organization through the close of the previous fiscal year. SECTION X: SEC'''T-~-~: :'z~~: A member is in good standing only when local organization, state, and national dues are paid. SECTION XI: -~E`~~~~T-;~: Any member who does not pay dues by August 1, shall be removed from the local organization roster. SECTION XII• c~~~~~ A person who has been removed from he local organization roster for nonpayment of dues may be reinstated upon payment of all delinquent dues for local organization, state and national. ARTICLE VIII Fiscal Responsibility SECTION I: The fiscal year shall commence on the first day of May and shall end on the thirtieth day of April. SECTION II: An auditor or auditing committee of three members shall be elected at the March meeting. The Committee shall audit the treasurer's records within ten (10) days after the close of the treasurer's term of office and shall report to the local organization at the next regular meeting. ARTICLE IX Officers SECTION I: The officers shall be apresident, apresident-elect, a vice president, a secretary and a treasurer. SECTION II: A term of office shall be one year. SECTION III: Officers shall assume their duties immediately following the April meeting and shall serve for one year and/or until their successors are duly elected. ARTICLE X Nominations and Elections SECTION I: Officers shall be elected at the local organization's annual meeting in March. SECTION II: Only individuals who are members in good standing shall be eligible for office; the president, president-elect, and vice president shall be employed. SECTION III: At a business meeting preceding the annual meeting, a nominating committee of at least three members shall be elected. The nominating committee shall present to the annual meeting a slate of one or more nominees for each office. Nominations may also be made from the floor. SECTION IV: Vacancies in office shall be handled as follows: A. In the event of death, resignation, or incapacity of the president, the first vice president shall become the president for the unexpired portion of the term. B. Vacancies in offices other than president shall be filled for the unexpired term by the executive committee. SECTION V: No member shall hold the same office for more than two consecutive terms. SECTION VI: One Calendar year c~° ^,^^+hc nr n,nra shall be considered a term of office in determining eligibility for reelection. ARTICLE XI Duties of Officers SECTION I: The president shall be the principal officer of the local organization and shall: A. Preside at all meetings of the local organization, the board of directors, and the executive committee; B. Appoint standing and special committees chairs with the approval of the executive committee and may also appoint a parliamentarian; C. Serve. as an ex-officio member of all committees except the nominating committee; D. Bring to the attention of the local organization all pertinent information from the state and national federations; E. Sign all orders upon the treasurer for disbursement of funds, as directed by the local organization; F. Be responsible for sending to the president of BPW/VIRGINIA: 1. The names and addresses of all officers and ~n chairs immediately following their election or appointment; 2. The names and addresses of all delegates and alternates elected by the local organization to the annual convention of the state federation; 3. The names and addresses of all local organization delegates and alternates to the national convention upon their election; 4. An immediate report of all changes affecting the above items. SECTION II: The president-elect shall: A. Act as representative of the president when requested; B. Serve as an ex-officio member, without vote, of all committees, except the nominating committee; C. Serve in such other capacities as assigned by the president. SECTION III: The vice president shall: A. Perform the duties of the president in the absence of the president; B. Become president for the unexpired term in case of death, resignation, or incapacity of the president; C. Serve in such capacities as assigned by the president. d SECTION IV: The secretary shall: A. Take and record accurate minutes of the proceedings of all meetings of the local organization, the board of directors, and the executive committee; B. Conduct the correspondence of the local organization; C. Preserve in a permanent file all records and letters of value to the local organization and its officers. SECTION V: The treasurer shall: A. Have charge of all monies of the local organization and shall report thereon at all meetings; B. Collect all dues from members and give a proper receipt therefor; C. Keep a list of the names, addresses, and occupations of all members; D. Pay all bills upon the written authorization of the president and/or the executive committee; E. Keep an itemized record, in a permanent file, of all receipts and expenditures; F. Forward promptly to the treasurer of BPW/VA all dues and monies payable to the state and national federations; G. Serve as ex-officio member of the finance committee; H. Deliver to the successor within 15 days after expiration of term of office, all books, records, and papers, requesting receipt therefor. SECTION VI: Each officer, except the treasurer, shall deliver to the successor immediately after retiring from office all accounts, records, books, papers, and other property belonging to the local organization. ARTICLE XII Meetings SECTION I: Regular meetings shall be held monthly on the third Tuesday, unless otherwise ordered by the local organization or the executive committee. SECTION II: The regular March meeting of each year shall be designated the annual meeting, at which time reports summarizing the year's activities shall be given. SECTION III: Special meetings may be called by the president or by any member, provided all members are notified in writing of time, place, and purpose of such meeting. SECTION IV: One half ('/z) of the members shall constitute a quorum. ARTICLE XIII Board of Directors SECTION I: The elected officers and standing committee chaixmen chairs shall constitute a board of directors. SECTION II: The board shall: A. Supervise the affairs of the local organization; B. Make recommendations for the local organization's growth and prosperity; C. Make recommendations to the local organization regarding proposed amendments to the bylaws; D. Transact any business between meetings of the local organization and report thereon at the next business meeting of the local organization; E. Report at the annual meeting the business transacted by the board of directors during the local organization year. SECTION III: The board of directors shall hold a minimum of four meetings during the year, the dates to be determined by the board at its first meeting. SECTION IV : Special meetings of the board may be called by the president or by one- third of the board members, provided two are elected officers. SECTION V: A majority of the voting members shall constitute a quorum. SECTION VI: No member shall have more than one vote, and no voting by proxy s~iall be allowed. ARTICLE XIV Executive Committee SECTION I: The elected officers of the local organization shall constitute the executive committee. SECTION II: The executive committee shall have authority to act for the board of directors between meetings of the board and shall report thereon at the next meeting of the board. SECTION III: The executive committee shall meet on call by the president, or by any two members of the committee, for the consideration of special matters between regular meetings of the local organization and the board of directors. SECTION IV: Standing and special committee appointments made by the president shall be subject to the approval of the executive committee. SECTION V: A majority of the voting members shall constitute a quorum for a meeting of the executive committee. ARTICLE XV Standin~`Committees SECTION I: The standing committees of the local organization shall be finance, foundation, legislation, membership, issues management, public relations, and young careerist. SECTION II: Only employed individuals, who are active members in good standing, shall be eligible to serve as ~~ chairs of standing committees. SECTION III: Committee e~ chairs and members shall be appointed for a term of one year and may be reappointed. No person shall serve more than three consecutive years on the same committee. SECTION IV: The finance committee shall be composed of a ~ chair and members as appointed by the president and/or executive committee. It shall be the duty of the finance committee to prepare an annual budget for the local organization, to have general supervision of all expenditures, and to assist the local organization in developing a sound financial policy. The finance chairpersons shall be a member ex-officio, without vote, of all committees which disburse money. SECTION V: The foundation committee shall be composed of a chair and members as appointed by the president and/or executive committee. The foundation ~ committee shall promote_interest in and support of the Business and Professional Women's Foundation. SECTION VI: The legislation committee shall be composed of a ~ chair and members as appointed by the president and/or executive committee. It shall be the duty of the legislation committee to carry out the legislative programs adopted by the state and the national federations. The committee shall study local legislative needs in order to make recommendations to the local organization. SECTION VII: The membership committee shall be composed of a man chair and members as appointed by the president and/or executive committee. It shall be the duty of the membership committee to promote, expand, stabilize, and orient the membership. SECTION VIII: The issues management committee shall be composed of a c~a}chair and members as appointed by the president and/or executive committee. It shall be the duty of the issues management committee to plan and implement a well-coordinated annual program based on federation objectives. The committee shall meet immediately after appointment to consider the annual program suggested by state and national federations and develop a program which shall involve all areas of local organization activities. The issues management chairperson shall present the annual program to the board of directors for approval. SECTION IX: The public relations committee shall be composed of a c~ chair and members as appointed by the president and/or executive committee. It shall be the duty of the public relations committee to present national, state and local programs and activities through available news media. SECTION X: The young careerist committee shall be composed of a-c~l~ chair and members as appointed by the president and/or executive committee. It shall be the duty of the young careerist committee to: A. Encourage recruitment of young people into membership; B. Organize and coordinate the Young Career Woman Program; and C. Promote activities that involve the participation of young people. ARTICLE XVI Representation L~ n ~~ k~ J` ~'/ SECTION I: This local organization shall be entitled to two delegates for the first ten members and one for every additional ten members or fraction thereof to the convention of the Virginia Federation of Business and Professional Women's Clubs, Inc. based upon records of the State Treasurer at the close of business on March 31 preceding the convention and to the regional meetings based upon records of the State Treasurer at the close of business on February 28 preceding the regional meeting. Each delegate shall be entitled to an alternate. [Note: Dual members may not be counted for any purpose beyond the local with which they have a secondary affiliation, nor may they serve as delegates from the secondary organization.] ~ErT~ Tyr: ;: ~e c-onvention--and--at-distFi~is°~ . be-entitled--to-twe-delegates-ferx-t 1v ~ n* 4cn ....omhv~.. .~.yn~ r+n~ f_~~~T' additionalten-meters-Qr-fr-aE ' , treasurer-at -tlte-Elose-o~-bt~sine$s-min-Maw-~rec-eding-tl~e-eeien. Eaeh~aeal-organization-shall -be-en~tled-to-ag~ter-Hates-as-delegates . each-delegate-must-hold-a-natio~r~Aes~~~~~~fl~~-~~t year. SECTION II: The local organization shall have representation at the annual convention of BPW/USA, apportioned as follows: one delegate for every fifty (50) members or any portion thereof. SECTION III: Each local organization delegate to the national convention shall be entitled to an alternate. SECTION IV: Representation at regional meetings and state and national conventions shall be by delegates who are active members. SECTION V: No delegate to a regional meeting or state or national convention shall have more than one vote and no voting by proxy shall be allowed. SECTION VI: Delegates and alternates to state and national conventions shall be elected by a majority vote to those present. ARTICLE XVII Parliamentary Procedure The rules of parliamentary practice comprised in ROBERT'S RULES OF ORDER NEWLY REVISED shall govern all proceedings of the local organization, the board of directors, and the executive committee, subject to such special rules as have been or may be adopted. ARTICLE XVIII Amendments SECTION I: Amendments to these bylaws may be proposed by the board of directors, the executive committee, or a bylaws committee. SECTION II: All proposed amendments shall be sent in writing to every member at least ten (10) days before they are to be voted upon. SECTION III: All proposed amendments shall be presented to the board of directors prior to presentation to the local organization. SECTION IV: These bylaws may be amended by atwo-thirds vote of the members present and voting at any regular meeting. SECTION V: The final adoption by the local organization of amendments to or revisions of these bylaws shall be contingent upon the approval of the state president. SECTION VI: When an amendment is adopted to the national or state bylaws which affects local organization bylaws, the local organization shall automatically amend its bylaws to conform. Any conflict shall be resolved in accordance with state and national federation policy and procedure. ARTICLE XIX Dissolution Upon dissolution of this organization all of its assets remaining after payment of all costs and expenses of such dissolution shall be distributed to organizations which have qualified for exemption under section 501(c) (3) of the Internal Revenue Code, and none of the assets will be distributed to any member, officer or trustee of this organization. /'7~ew~ APPENDIX DUES Full Year Half Year Per Active Member Total Amount $80.00 $40.00 To BPW/USA $31.00 $15.50 Including IFBPW Dues To BPW/Virginia $12.00 $ C,00 Including State Publication $ 1.50 $ ,'75 Building Reserve Fund $ 1.00 $ .50 State Foundation $ 3.00 $ 3.00 To...Region $ 1.00 $ 1.00 To... Local Organization $30.50 $20.50 Full Year Half Year Per Student Member ` Total Amount $20.00 Not Available To BPW/USA $10.00 Not Available To BPW/Virginia $ 2.00 Not Available Including: State Publication State Foundation $ 3.00 Not Available To...Region $ 1.00 Not Available To...Local Organization $ 4.00 Not Available A-3993-13.c ACTION NO. ITEM NUMBER ~~-- AT A RGIN A HELDIAT THE ROANOKE COUNTY UADMINISTRATIONRCENTER COUNTY, VI MEETING DATE: March 9, 1993 AGENDA ITEM: Request for approval of Calendar Year 1993 from Cheerleading Booster Club COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: a 5/50 Raffle Permit for William Byrd High School The William Byrd High School Cheerleading Booster Club has requested a permit to hold 50/50 raffles in Roanoke County at all home athlthei datesntof dthen at leticl eventsyeare attachedc to uthe showing 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 50/50 Raffle Permit from the William Byrd High School Cheerleading Booster Club be approved. SUBMITTED BY: APPROVED BY: Mary H. Allen Clerk to the Board E mer C. Hodge County Administrator _ ----------------- ACTION VOTE Approved (x) Motion by: Edward G. Kohinke No Yes Abs v Denied ( ) Received ( ) Referred ( ) To ( ) Eddy Johnson x Kohinke x Minnix x Nickens x cc: File Bingo/Raffle File K-~l COUNTY OF ROANOKE, VIRGINIA COMMISSIONER OF THE REVENUE ApP CATION FOR PERMIT TO CONDUCT RAFFLES OR BINC_O Application is hereby made for a bingo game or ~aff a 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 a d whichhshall be rdeem d ae cond tion under uwhichlthis applicant an permit is issued. All applicants should exercise extreme care to ensure the accuracy of their responses to the following questions. Bingo games and Lraff~es are strictly regulated by Title 18.2-340.1 et. se of the criminal statutes of the Virginia Code, and by Section 4-86 et. se 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 ~•~ith county and state law. Any person violating county or state regulations concerning these permits shall be guilty of a Class 1 misdemeanor. ~~ person who uses any part of the gross receipts from bingo or affles for any purpose other than the la~aful religious, charitable, community, or educational purposed 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 LdIL~IAM BYRD HIGH SCHOOL CHEERLEADING BOOSTERS CLUB Street Address 2902 Wasibington Avenue Mailing Address same as above City, State, Zip Code Vinton VA 24179 Purpose and Type of Organization ~_,__ m ~ -,__ca,~,~~t of this Club shall be to su ort WBHS Cheerleadin and to be of service to them offering financial support as well as a voice in dealing with others. When was the organization founded? aaQ~ Rye County meeting place? wBHS K-~ Has the organization been in a NOstence in Roanoke County for two continuous years? YES xx ---- Is the organization non-profit? YES uX NO Federal Identification Number 5~5L01576 Attach copy of IRS Tax Exemption Letter. n/a Officers of the Organization: Co-Pres. Linda BryantVice-President Brenda Bain President:,0~= _~ t~ Tai Ar L.Bryant: 1149 Finney Drive Address:I.Isler:1872 Cranwell D$ddress: 4638 Red Barn Lane BOth yi ntnn ~7A 741 7q_ Secretary: T...,,,~ u; l Pr Treasurer: ~ r~~r F l i ~ - Address: 2o38_Surrey r.ane_ Address: 39;8 Horsenen Mountain Drive Roanoke- VAS ~;ntnn VA 24179 Member authorized to be responsible for~Raffle~or Bingo operations: Name: Martha Gra Home Address 537 Araaona Dr 2038 Surrey Lane Vinton, VA Roanoke, VA Phone kk~~-~31 _ Phone kkA~~_~ ~~~ A c~~L~TE LIST OF THE NAM~~rAND9ADD~E~SEB OF CURRENT MEMBERSHIP MUST BE FURNISHED WITH THIS APPLICATION. Specific location where affle or Bingo Game is to be conducted. RAFFLES: Date of Drawing ALL HOME Time of Drawing n„r;n~ half-time THLETIC VENNTS h u 1993 of. athletic event BINGO: Days of Week anc~' Hours ot~ Activitt~: Sunday Monday Tuesday Wednesday Thursday Friday ~-Saturday From To From To From To From To From To From To From To 2 ~~ ~~ Z~18~'i3 K-y States ecifically how the proceeds from Bingo Raff roceeds.usUse P List in detail the planned or intended use of e P estimated amounts if necessary. To purchase WBHS Varsity and Junior Varsity Cheerleading Uniforms as needed. Includes: Sweaters, Skirts, Jumpers Pompoms 3 K-~ 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~AFF~E 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 1st Quarter 2nd Quarter 3rd 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? YES 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? YES 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? YES 4 i~ ~ 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? YES 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? YES 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 ~nYES 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 progvisio? s YESArticle 1.1 of Chapter 8, Title 18.2 of the Code of Vir inia. 9. Does your organization understand that a two (2) percent audit fee °submission ofrthe annu 1 f nancial reporthdueoontor before the upon first of December? YES 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? YES il. 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 inYES nagement, operations, or conduct of any such game or raffle. 12. Has your organization attached a check for the annual pe YESt fee in the amount of $25.00 payable to the County of Roanoke. 5 K-y 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? YES 14. Has your organization attached a complete list of its membership to this application form? YES 15. Has your organization attached a copy of its bylaws to this application form? YES 16. Has the organization been declared exempt from property taxation under the Virginia Const~.tution or statues? Y~~-- If yes, state whether exemption is ~~r real, personal property, or both and identify exempt property . ~ ,r. nT ~ ~ _ ,~.,, ,,,,.,_ 17. State the specific type and purpose of the organization. WBHS heerleading RnnGfiPr~ Club--g~~r~ose to subnort Cheerleading at WBHS thrnu Gewire anc~ cif,~P,,,,,~i~„n,,,,g,_f,,,nanr.ial si~nnorfi as needed. 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? p,~_ (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?~ (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 DOUBLE-WIDE NUMBERED TICKETS (one side goes to person, other side into drawing; Fair Market Value 50 cents per chance 6 k-y * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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. S - ~I j~ ~1 / N me Title Home Addre s Subscribed and sworn before me this _~_day of,19t 3 in the County/City of (Y~i da ,~o Virginia. My commission expires: ~~ i..cl~ l~ 14 ~% 3 19 ~ vc..J~~ tary u lic 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 Comm ssloner f the Revenue The above application is not approved. Date Commissioner of the Revenue 9 February 18, 1993 Commissioner of The Revenue Roanoke County Administration 3738 Bra~ibleton Avenue SW Roanoke. VA 24518 Attention. Raffle Permit Division We, the William Byrd High School Cheerleaders Boaster Club, are applying for a raffle permit. Our application is currently on file for review. We were notified that exact dates were needed for selling of the raffle tickets. Please see the attached official schedules with the dates of thr home events highlighted. It is also our desire to sell the raffle tickets at home Football games, as well as Girls and Boys Basketball games not scheduled for the calendar school year 93-94. (These dates will be sent to t:e Commissioner as soon a:~ they are available from the Athletic Director at the high school). Please process the application with the information submitted. Your prompt consideration of. triis request would. be greatly appreciated. Thank you far your tune and consideration of our endeav:~rs. If there are further questions, please feel free to notify either myself or Martha Gray. Sincerely. / . ujane~ i i er C38 Surrey Lane oanoke, VA 24012 WILLIAM BYRD HIGH SCHOOL 1993 BASEBALL SCHEDULE Date Opponent Site Time March 20 E. C. Glass Away 2:00 March 22 Glenvar Home 4:30 March 25 Radford Away 4:30 March 30 Patrick Henry Home 4:30 April 6 Radford Home 4:30 April 9 Glenvar Away 4:30 April 10 Patrick Henry Away 1:00 April 13 E. C. Glass Home 5:30 April 16 Northside Home 4:30 April 20 Salem Away 4:30 April 23 Rockbridge Home 4:30 April 27 Lord Botetourt Away 4:30 ~~'-~ - - April 3 0 Alleghany Away 3b ~ : May 4 Northside Away 4:30 May 7 Salem Home 4:30 May 11 Rockbridge Away 4:30 May 14 Lord Botetourt Home 4:30 ~~~ May 18 Alleghany Home 4:3'9' ADMISSION: Adults - $2.00 Students - $1.00 f:\...\ad\baseball.sch WILLIAM BYRD~ HIGH SCHOOL 1993 SOCCER SCHEDULE Date Opponent Site Time March 25 Patrick Henry Home 4:30 March 29 Rockbridge Away 5:00 March 30 William Fleming Away 4:30 April 2 Lord Botetourt Home 5:00 April 5 Northside Away 5:00 April 8 Salem Home 5:00 April 19 Alleghany Home 5:00 April 20 Christiansburg Away 6:00 April 22 Northside Home 5:00 April 26 Salem Away 5:00 April 29 Rockbridge Home 5:00 May 3 Lord Botetourt Away 5:00 May 6 Alleghany Away 5:00 May 11 North Cross Home 7:00 May 17 , 19 & 20 DISTRICT TOURNAMENT L. Bot. TBA HEAD COACH: ASSISTANT COACH: PRINCIPAL: ATHLETIC DIRECTOR: Jeff Highfill Joey Beck R. A. Patterson Jane Layman Admission: Adults - $2.00 Students - $1.00 f:\...\ad\soccer.sch WILLIAM BYRD HIGH SCHOOL 1993 SOFTBALL SCHEDULE Date Opponent Site Time March 22 Patrick Henry Away 4:30 March 24 Heritage Home 4:00 March 26 Glenvar Away 4:30 March 30 E. C. Glass Away 5:00 April 2 Patrick Henry Home 5:00 April 5 Northside Away 5:00 April 6 E. C. Glass Home 4:30 April 9 Glenvar Home 4:30 April 16 Heritage Away 3:00 April 20 Salem Home 5:00 April 23 Rockbridge Away 5:00 April 27 Lord Botetourt Home 5:00 April 30 Alleghany Home 5:00 May 4 Northside Home 5:00 May 7 Salem Away 5:00 May 11 Rockbridge Home 5:00 May 14 Lord Botetourt Away 5:00 May 18 Alleghany Away 5:00 May 25 /27 DISTRICT TOURNAMENT Salem TBA f:\...\ad\softball.sch ~~ ~~ 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 and address of each individual to whom a door prize, regular or special Bingo game prize or jackpot from the playing of Bingo is awarded? d. A complete and itemized record of all receipts and disburse- ments which support, and that agree with, the quarterly and annual reports required to be filed, and that these records must be maintained in reasonable order to permit audit? 22. Does your organization understand that ame isnin progress,oand be conducted at such time as regular bingo g only at such locations and at such times as are specified in this application? 23. Does your organization understand that the gof sinstantpBingo the course of a reporting year from the playing 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? 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(Certificate must be atta hedr)al Revenue Code Service? 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 °valueda in n excessstof d theatfollowingr amounts Dare or merchandise 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 ardedrin any onelcalendartdayaexceed OneaThousand prizes aw 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 tho?e lawful, religious, chaDroes your organization education purposes. YES understand the failure to file the opinion of a licensed independent certified public accountant shall cause the automatic revocation of permit? YES 8 W[3FI ~ CHEERLEAD I NG BY LAWS ARTICLE I - NAME The name o f the c 1 ub h ~ 1 1 be th~~ WB~! ~ C'~Per 1 Pad i nS Boosters Club. ART I CI_E The oh jest ~ f th i ~ . l,_;b - h _, i h._, -. - ~~.IC ~, ~. ~r~BFIS Cheer 1 ead i nr and to be of s r~r-, ~ . ~ ` ~ t`,~-,~' . ~f f Pr i n<? f ~nancial ~r.; r~ort as .~F~11 ._ ~ -'c _~ ~ ng with others. ARTICLE III Membership steal 1 bra open to -, I I ;,-,r~,r,t> c>f WBH~ Cheer 1 eaders, <;rrandp•arents , and friends . ARTICLE IV The officers ref th i ~ c l,.lb sha 1 1 bP :~. fo 1 i ~,w= President vice °rPSident SecrPt?rv Trea~~?rer Ways and (1 <?ctns SECTION 2 - At the Apr i 1 meet i nn o f t_~ac~-, v!~ar- . the c 1 ub steal 1 nominate fror~~ the f lour -t nominatin~t committee of th~~n~, nr~r,l-~r,r w?„) ~..'-, t' 1 ,-sport nominations at th~- M.cLv meet ~ n,= . SECTION 3 - ! n the case of 3 ~~~ac.~ncv ocr~'.?r i n~? i n t',e office ' of Pre^ i dent t.hr~ Vic<. pry _ i sle,-,t. sha l l > ~ ~ ' r~ i l ~ i r^ or n sr.lc~~PPd to tF,r_ _, fr .: _ f .. r- h ,nr- ! `. rm. ^. 1 1 ~t.f,er VAr,~n-_ i ~,.. !-,-~ 1 !, .= f i 1 i ~ ~! f••, t!,o SECTION '"'~ v t :h;~1 ~ ,,, h... !, t„! ,,~,i,r,n ~ ~, _ 4 - -~~ p P ~ ~ ~ ~ ~r~ ; _ mr r„ t !1 8. t~ r, r-I r• 'l r>m l 1-1 F .- , . ~ I-, ~ r- yy " _ '~ t^ _ ' n ~ r' •.V 1 1 i b . by =,~c 1 a im~t ~ ~n . ARTICLE V =DUTIES O~ OFFICERS SECTICN 1 - It shall be thr-~ ~i,,`.~,' cam` th'~ ~-P ider~'•: to Ares i dP ~t a l l meet i n~?s .,~,d t^ ~,e, f ^rn~l a l l duties n^rt:~inin~_~ '-r_ that r,fc;,~e. ShP%F-IP shall b~ chairman o` t.h^ executi•e Loard and Px-officio me!~b~~r of al 1 committees except the nom i sat i n-; c,otT~mi t-.tee . SECTION 2 - in the ~hsenco ,` tl,~ F,~,-°;id~-,n`, thy, `/.P. shall perform all duties hPrtai".in7 to the office.. Thr v.P. :. !-,;_~I1 b~=' ;n c!,~r __,~~ of thy, _ _ tP 1 ephone commi tt~_~e . SECTION 3 - ThP sncret.ar•;~ :teal 1 ,.r~r•rl ,r,rl !, r,<,r, ran WILLIAM BYRD HIGH SCHOOL MEMBERSHIP - CHEERLEADERS' BOOSTER CLUB Jerry and Brenda Bain 4638 Red Barn Lane Roanoke, VA 24012 Paul and Joy Barnard 1059 Blandford Avenue Vinton, VA 24179 Dave and Carolyn Barnhart 802 Halifax Circle Vinton, VA 24179 Linda Bryant 1149 Finney Drive Vinton, VA 24179 Carroll and Senia Cundiff 138 West Augusta Avenue Vinton, VA 24179 Denny and Donna Dewease 963 Shelbourne Avenue Vinton, VA 24179 Bennie and Barbara Ellis 3938 Horsepen Mountain Drive Vinton, VA 24179 David and Velva Flick 2315 Rutrough koad Roanoke, VA 24014 Tommy and Ann Gagnet 289 Riverbay Drive Moneta, VA 24121 Don and Diane Getman 4668 Red Barn Lane Roanoke, VA 24012 Kennie and Martha Gray 537 Aragona Drive Vinton, VA 24179 Mike and Helen Hastings 3090 Woodway Road Roanoke, VA 24014 Gary Hiler 3036 Winterberry Drive Roanoke, VA 24018 Janet Hiler 2038 Surrey Lane Roanoke, VA 24012 Lynn and Judy Hodge 2535 Rutrough Road Roanoke, VA 24014 Linda Hunnell 5024 Appletree Drive Roanoke, VA 24019 Sam and Ilu Isler 1872 Cranwell Drive Vinton, VA 24179 Henry and Susie Ivey 5120 Burnt Quarter Drive Vinton, VA 24179 James and Joyce Jenkins 3G21 Ashwood Circle, Apt. 161 Roanoke, VA 24012 Mike and Debby McAllister 4874 Branch Road Roanoke, VA 24014 Judit{~ B. Mills 1022 Finney Drive Vinton, VA 24179 Richard and Brenda Mitchell 2715 Coachman Circle Roanoke, VA 24012 Steve and Billie Sue Musslewh ite549 Aragona Drive Vinton, VA 24179 James and Susan Perry 425 Twin Mountain Drive Vinton, VA 241'Q John and Sandy Rakes 5512 Winesap Drive Roanoke, VA 24019 A-3993-13.d ACTION NO. ITEM NUMBER ~~'"" AT A REGIILAR MEETING OF THE BOARD OF SOPERVISORS OF ROANORE COIINTY, VIRGINIA HELD AT THE ROANORE COIINTY ADMINISTRATION CENTER MEETING DATE: March 9, 1993 AGENDA ITEM: Request from Mental Health Services of the Roanoke Valley for Approval of Revisions to their Bylaws COIINTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: At their February 4, 1993 meeting, the Board of Directors of the Mental Health Services of the Roanoke Valley approved several revisions to their bylaws. A copy of the amended bylaws is attached. These revisions change the name of the agency to the Blue Ridge Community Services which more accurately reflects the variety of populations served within the member jurisdictions. The revisions also bring the bylaws into compliance with current standards set by the Department of Mental Health, Mental Retardation and Substance Abuse Services. The Code of Virginia requires that any changes to the bylaws be ratified by the governing body of each member jurisdiction. STAFF RECOMMENDATION: It is recommended that the Board of Supervisors ratify the revisions to the attached bylaws. ~)~, ~. ~j Mary H. Allen Elmer C. Hodge Clerk to the Board County Administrator -------------------------------- ACTION --------- VOTE Approved ( ~ Motion by: Edward G. Kohinke No Yes Abs Denied ( ) Eddy x Received ( ) Johnson x Kohinke x Referred ( ) Minnix x To ( ) Nickens x cc: File Mental Health Services of Roanoke Valley File Ms. Rita J. Gliniecki, Chairman, MHSRV Bd of Di rectors O~ ROANp,I.~ '°~ i ~ _ `~- a ~~~~ ~~ ~~~~~.Q 1838 P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 COUNTY ADMINISTRATOR ELMER C. HODGE (703) 772-2004 February 25, 1993 BOARD OF SUPERVISORS H. ODELL "FUZZY" MINNIX. CHAIRMAN CAVE SPRING MAGISTERIAL DISTRICT LEE B. EDDY, VICE-CHAIRMAN WINDSOR HILLS MAGISTERIAL DISTRICT BOB L. JOHNSON HOLUNS MAGISTERIAL DISTRICT EDWARD G. KOHINKE, SR. CATAWBA MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT (703) 772-2005 Ms. Rita J. Gliniecki, Chairman MHSRV Board of Directors 301 Elm Avenue, S.W. Roanoke, VA 24016-4026 Dear Ms. Gliniecki: Thank you for the copy of your Bylaws as passed by your Board of Directors on February 4, 1993. I will ask the Clerk to place it on the agenda for our March 9, 1993 Board Meeting for immediate action. We in the County take great pride in the things you and your staff do in the Roanoke Valley and are extremely grateful to be associated with Mental Health Services of Roanoke Valley. Thanks again for the update and please call me if I can be of service. Sincere y, ~~~ ~~~ H. Odell "Fuzzy" Minnix, Chairman Roanoke County Board of Supervisors Cave Spring Magisterial District HOM/bjh cc: Elmer Hodge, County Administrator Mary Allen, Clerk to the Board Board Reading File ®Recycled Paper ~~ February 19, 1993 :;, H. Odell "Fuzzy" Minnix, Chairman Roanoke County Board of Supervisors P. 0. Box 2980 Roanoke, VA 2418-798 Dear Mr. Minnix: At its regular meeting on February 4, 1993, the Board of Directors of Mental Health Services of the Roanoke Valley passed the enclosed revisions to ~~ our Bylaws, which are being sent to you for your ratification. These revisions are primarily to change the name of the agency to reflect the " variety of disability populations we serve within :;;; nna n z~ta~.ci~~:e~k~ our five member jurisdictions and to incorporate l~ce charm on the phrase "Community Services" which is shared by o~zieewa~e 35 out of 40 similar organizations throughout the -usurer Commonwealth. In addition, these revisions bring ;onn M. Hucgins. Jr. our Bylaws into compliance with the current ',"`rF`°r~ t ~.r,eia K. c..:: standards set b the De artment of Mental Health, Y p Mental Retardation and Susbtance Abuse Services and ,rP~~,~~~,,eC<or ~~eaP.RoeS~i.~r.,Pr,.o. reflect the current operating practices of the Board. Additions to the currently approved Bylaws are underscored and deletions have been lined through. Our Board recommends ratification of the changes in our Bylaws as required by regulations promulgated under Title 37.1, Chapter 10 of the Code of Virginia, and requests that they be placed on your agenda for consideration at your next scheduled meeting. If you have any questions about the changes or need additional information, please contact Dr. Fred P. Roessel, Jr., our Executive Director. Thank you for your continued support of our efforts to serve the residents of the Valley. Sincerely, ,--- ,,p ~~a ~. ~LI.n1R.c~- Rita J. Gliniecki, Chairman MHSRV Board of Directors C: Elmer C. Hodge Board of Supervisors MENTAL HEALTH SERVICES OF THE ROANOI{E VALLEY -Executive Offices 301 Elm Avenue, SW, Roanoke, Virginia 24016-4026 - (703) 345-9841 FAX (703) 342-3855 Serving the Cities of Roanoke and Salem, and the Counties of 13otetourt, Craig and Roanoke BY-LA4JS for A4BPi~AB I~B1~B~H SBRV~EBS AB ~PHE RARF38~fB F~ABBE~ BLUE RIDGE COMMUNITY SERVICES ARTICLE I The name shall be A4BF3~r~3~ HBAB~H SER~F~EES 6P THB R6P~~d8i4B ~fRBBB~ BLUE RIDGE COMMUNITY SERVICES. ARTICLE II PURPOSE Section 1. To provide a system of comprehensive community mental health, mental retardation and substance abuse services under local control. Section 2. To relate and integrate existing and planned programs. Section 3. To assure quality service and continuity of care in the areas of prevention, case finding, consultation, diagnosis, treatment, care, training, prescreening, case management, and rehabilitation by the establishment of new programs under direct administration of the P~e~ta~ Hea~~~ Se~~~ee9 Beare] Blue Ridge C_om_munity Services where current programs are non-existent or inadequate, or by entering into affiliatory agreements with agencies already providing services for the enhancement of those services, or for the creation of such services. Section 4. To provide continuing education to the public, ongoing research, training of personnel and evaluation of ongoing programs. ARTICLE III MEBiBERSHIP Membership shall number sixteen, with three members each from the Cities of Roanoke and Salem and the Counties of Botetourt and Roanoke, and one member from the County of Craig. Three members at large are to be recommended by the Board and must be approved by the five jurisdictions. This Board shall represent the Cities of Roanoke and Salem and the Counties of Botetourt, Craiy, and Roanoke who shall appoint Board members and shall notify the Board of appointees. The term of office shall be for three years from the first day of January of the year of appointment. Terms of office will be staggered to provide that no more than six terms expire in a given year. Any adjustment to the expiration date or current terms will be accomplished by attrition through expiring terms or other vacancies. ~ ,cancies shall be filled for the unexpired term. No person shall be eligible to serve more than two successive three year terms, provided that persons heretofore and hereafter appointed to fill vacancies may serve two additional successive terms. Any member of the Board may be 1 K-5 Section 9. To prescribe a reasonable schedule of fees for services provided. by personnel or facilities under the jurisdiction or supervision of the Board and for the manner of collection of same; provided, however, that all collected fees shall be deposited in a special account designated by the political subdivision serving as fiscal agent as specified by agreement of the participating governments; provided, further, that such collected fees shall be used only for community mental health, mental retardation and substance abuse purposes. Section 1~. To accept or refuse gifts, donations, beguests or yrants of money or property from any source and utilize the same as authorized by the political subdivisions, of which it is an agency. Section 11. To seek and accept funds through State and Federal grants and maintain a line of credit sufficient to maintain the day-to-day operations of the programs under its jurisdiction. Section 12. To maintain and promote awareness among the membership of a Board Orientation Manual. Section 13. To ensure that the financial records of Blue Ridge Community Services are audited annuals and that the auditor's report is submitted to the Political jurisdictions, of which it is an agency and to the De artment of Mental Health, Mental Retardation, and Substance Abuse Services. ARTICLE V OFFICERS Section 1. Officers of this Board shall be Chairman, Vice-Chairman, Secretary and Treasurer. Section 2. The duties of the Chairman shall be: a. To preside at all meetings of the Board and the Executive Committee. b. To appoint all committees deemed necessary for the operation of the Board as authorized by the Board. c. To work closely with the Executive Director and staff. d. To perform any other duties determined by the Board. e. To keep the Commissioner of Mental health ar~e~, Mental Retardation and Substance Abuse Services appropriately informed of the activities of the Board. Section 3. The Vice-Chairman shall, in the 3 K-~ Representation of each jurisdiction shall be assured by the appointment of a member to the Executive Committee when no elected officer represents such jurisdiction. Section 2. It shall be the duty of this Committee to conduct the necessary business between meetings of the Board. All actions taken are subject to ratification at the next regular meeting of the Board. See€}ea 3- ~h~s Eex~x~~ttee shall ~eg~tla~~y ~e~t}era p~•egeax~e a}they epeeated d~~eet~~* ee tk~et~c~h eeet~aetea~ ag~ee~eets to er~seee tse adegt~aey e€ see~~ee; ee~t€eer~ar~ee to etaaria~ds aeeeptedT aed xta~e eeeta~~c that ee~t~t~rz~tp aeee}s e€ ~e~ctal l~ealtl~; ~eRtal ~eta~dat~er~ aae~ sttsstar~ee a1~r~se aee be~~cg ~et- Section ~ 3. It shall be the duty of this committee to conduct an annual evaluation of the Executive Director for presentation to the full Board and to act for the Board in contract negotiations with the Executive Director. ARTICLE IX STANDING COfdMITTEES The Chairman of the Board and the Executive Director will be ex-officio members of all committees to which they are not specifically appointed. There shall be the following standing committees, whose function shall be advisory to the Board: Section 1. Budget and Finance. This Committee shall review the budgets, financial affairs and policies, and audit reports of the agency and its subcontractors and make recommendations to the full Board. In addition, it shall aid in the presentation of budgets at various levels of governments. Section 2. Community Relations. This Committee shall implement a program of information for the various agencies and governments and the public in conjunction with the Executive Director. Section 3. Mental Retardation Committee. This Committee will review community mental retardation programs and make recommendations to the Board for the enhancement of mental retardation services. In addition, this Committee will de~e~e~ leflg-~ar~ge ~lar~e €e~ ~neeta~ ~etaedat~ee to ~~e9eet to the Bead €ee ~t9 eens~eierat~er~ participate in the Board's planning process for the Mental Retardation program area. Sect n 4. Personnel ,Committee. The function of this committee is to review and make recommendations to the Board concerning personnel policies and guidelines. Section 5. dental Health Committee. This Committee will review community mental health programs and make 5 ~~ consisting of directors who were not parties to such action, suit or proceeding, or (ii) if such a quorum is not obtainable, or, even if obtainable, a quorum of disinterested directors so directs, by independent legal counsel in a written opinion. If the determination is to be made by the Board of Directors, it may rely, as to all questions of law, on the advice of independent counsel. Section 3. Expenses incurred in defending an action suit or proceeding, whether civil, administrative or investigative, may be paid by Heata~ Hea~t~ See~~ees e€ tie i~eaaei~e i~al~e~* Blue Ridge Community Services in advance of the final disposition of such action, suit or proceeding as authorized by vote of the persons provided in subsection (2) of this section, upon receipt of an undertaking by or on behalf of the director or officer to repay such amount unless it shall ultimately be determined that he is entitled to be indemnified by A4eata~ Heath See~~eee e€ tie i~ease+~e bTa~~e~* Blue Ridge Community Services as authorized in this section. Section 4. The right of indemnification pro- vided by this section shall not be exclusive of any other rights to which any director or officer may be entitled, including any right under policies of insurance that may be purchased and maintained by Ffeata~ Heath 6eea~ees of the Reane#e iia~~e~* Blue Ridge Community Services or others, even as to claims, issues or matters in relation to which Met~ta~ Heath Seer#ees e€ the Rear~e+~e b~a~~e~* Blue Ridge Community Services would not have the power to indemnify such director or officer under the provisions of this section. Section 5. Heata~ Heath See~*~ees e€ the Rearre~e `ia~~ep Blue Ridge Communit Services may purchase and maintain at its sole expense insurance against all liabilities or losses it may sustain in consequence of the indemnification provided for in this section, in such amounts and on such terms and conditions as the Board of Directors may deem reasonable. ARTICLE XI CONSUMER INVOLVEMENT It shall be the policy of this Board to encourage, and be receptive to, consumer involvement. Meetings of the Board shall be open to the public. Liaison with identified consumer groups will be maintained to facilitate optimum consumer involvement. Periodic reports (such as the Her~ta~ Heath See~~ees e€ the Reasei~e Na~~e~+ Blue Ridge Community Services Annual Report, Newsletter, and evaluation reports) will be available to the public, and copies distributed to appropriate consumer organizations. Jc ARTICLE XII ORIENTATION Or NE~9 B~Or1RD MEP'IBERS New members will receive a copy of all pertinent Board and Agency orientation materials (by-laws, Program Service Directory, etc.) as a means of familiarization of A4eata~ Hea~~b 7 G~ f J ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 9, 1993 RESOLUTION 3993-13.e REQIIESTING ACCEPTANCE OF BUSHDALE ROAD INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That this matter came this day to be heard upon the proceedings herein, and upon the application for Bushdale Road, a section of road extending from Mayfield Drive (Route 659) in a southeasterly direction 0.29 miles to a turnaround located at its terminus, pursuant to Section 33.1-72.1, Paragraph C-1 of the Code of Virginia of 1950, as amended. 2. That this Board does guarantee the Commonwealth of Virginia an unrestricted right-of-way of 40 feet for streets with necessary easements for drainage as recorded in Deed Book 1358, Pages 01492, 01497, 01501, and Deed Book 1360, Pages 00748, 00751, 00757, 00762, 00765, 00771, 00776, 00782, 00786, and Deed Book 1373, Page 00990, and Deed Book 1377, Pages 00658, 01344, and Deed Book 1380, Page 01093; Deed Book 1394, Page 781 and Deed Book 1394, Page 785 in the Roanoke County Clerk's Office. 3. That this Board does certify that this road was opened to public use prior to July 1, 1980, at which time it was open to and used by motor vehicles. 4. That this Board does certify that speculative interest is not involved. r J 5. That said road known as Bushdale Road and which is shown on a certain sketch accompanying this resolution, be, and the same is hereby established as a public road to become a part of the state secondary system of highways in Roanoke County, only from and after notifications of official acceptance of said street or highway by the Virginia Department of Transportation. On motion of Supervisor Kohinke to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections copy for Virginia Department of Transportation ACTION # ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER MEETING DATE: March 9, 1993 AGENDA ITEM: Acceptance of Bushdale Road into the Virginia Department of Transportation Secondary System COUNTY ADMINISTRATOR' 8 COMMENTS : ar~yHr~•~ttl~d~ SUMMARY OF INFORMATION Bushdale Road is a private drive in Southeast Roanoke County serving seven (7) families. It is the top priority on the 1992- 94 Rural Addition Priority List. Staff has developed plans for the various corrective actions required to bring this road into the State Secondary System. Prior to acceptance by the Virginia Department of Transportation and the assigning of a state route number, staff has to submit a completed package of information, including a Board Resolution requesting acceptance of this road. FISCAL IMPACT: Funding for surveying, engineering, and administrative work on this road was within the yearly roadway activity of the Engineering & Inspections Department's budget. Funds for acquisitions were previously approved by the Board of Supervisors of Roanoke County (Action Number A-121989-i1, Item D-8) on December 19, 1989. Construction funds are available in the accounts administered by the Virginia Department of Transportation. STAFF RECOMMENDATION Staff recommends that the Board approve a resolution to VDOT requesting the acceptance of Bushdale Road into the Secondary Road System. k=~ ITTED BY: APPROVED BY: o d Covey, Direc or Elmer C. Hodge of Engineering & In pections County Administrator ACTION VOTE Approved ( ) Denied ( ) Received ( ) Ref erred To Motion by: No Yes Abs Eddy Johnson Kohinke Minnix Nickens 2 1~ `• ``~ Sj1' _ s`.W" „ 'o •* : 3y '- ` y y~ ~ ° L\l~ •. Sys' ~~o ~> o. r Poo'l ~ ~ ~, .• ' p'•o , .f • * • `N•' ~ n ~• b c° ~ fit i ~0~ ~. V v Mme= N A ' '' pp y ~ ~• ' `° 0~ ~ ~ ` ~` ' .~~. 1 IA s ~ ut ~ "3 • a .nn ' ~°° `• ° ` ~ ~ ~' 7329 • V ~:o . 3635 36 J O•Q~ ' ~ ~' ~~ ~o ~ 4 l6t9 v7 Q alaD45ae ~i> O ~v N` M 3317 n m G ''O POO tI . N.~° ~ m ~' a ~o a ri zoh J I ro lpv ,' Q M u Q ~ - - f 3.f1 ~ m~~ _ Q Q ~ e ~ ~ ~• ~ ~ ~ ~ Q Q: •>> a - N O~ QD~Z ~~ M A t/3: ~ 5) "+ ~ _-. ' xio u G m _• ~ ~ ~ ^ CO ~, 333 G " ° ... PROPOSED ADDITION SHOWN IN GRAY DESCRIPTION: 1) A section of road extending from Mayfield Drive (Route 659) in a southeasterly direction 0.29 miles to a turnaround located at its terminus. LENGTH: (1) 0.29 MILES RIGHT OF WAY: (1) 40 FEET ROADWAY WIDTH: (1) 34 FEET SURFACE WIDTH: (1) 20 FEET SERVICE: (1) 7 HOMES ROANOKE COUNTY ACCEPTANCE OF BUSHDALE ROAD INTO THE VIRGINIA DEPARTMENT ENGINEERING & OF TRANSPORTATION SECONDARY SYSTEM INSPECTIONS DEPARTMENT 3 K-~ AT A REGIILAR MEETING OF THE BOARD OF SIIPERVISORS OF ROANORE COIINTY, VIRGINIA, HELD AT THE ROANORE COIINTY ADMINISTRATION CENTER ON TIIESDAY, MARCH 9, 1993 RESOLIITION REQIIESTING ACCEPTANCE OF BIISHDALE ROAD INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That this matter came this day to be heard upon the proceedings herein, and upon the application for Bushdale Road, a section of road extending from Mayfield Drive (Route 659) in a southeasterly direction 0.29 miles to a turnaround located at its terminus, pursuant to Section 33.1-72.1, Paragraph C-1 and funded pursuant to Section 33.1-75.1, Paragraph A of the Code of Virginia of 1950, as amended. 2. That this Board does guarantee the Commonwealth of Virginia an unrestricted right-of-way of 40 feet with necessary easements for drainage as recorded in Deed Book 1358, Pages 01492, 01497, 01501, and Deed Book 1360, Pages 00748, 00751, 00757, 00762, 00765, 00771, 00776, 00782, 00786, and Deed Book 1373, Page 00990, and Deed Book 1377, Pages 00658, 01344, and Deed Book 1380, Page 01093; Deed Book 1391, Page 781 and Deed Book 1394, Page 785 in the Roanoke County Clerk's Office. 3. That this Board does certify that this road was opened to public use prior to July 1, 1980, at which time it was open to and used by motor vehicles. 4. That this Board does certify that speculative interest is not involved. 4 ~`-~ 5. That said road known as Bushdale Road and which is shown on a certain sketch accompanying this resolution, be, and the same is hereby established as a public road to become a part of the state secondary system of highways in Roanoke County, only from and after notifications of official acceptance of said street or highway by the Virginia Department of Transportation. 5 -~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TIIESDAY, MARCH 9, 1993 RESOLUTION 3993-13.f REQUESTING ACCEPTANCE OF DUXBURY LANE AND BREWSTER CIRCLE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That this matter came this day to be heard upon the proceedings herein, and upon the application of Duxbury Lane, 0.15 miles, from its intersection with Texas Hollow Road (Virginia Secondary Route #641) to its cul-de-sac and 0.05 miles of Brewster Circle, from its intersection with Duxbury Lane to its cul-de-sac 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 roads has heretofore been dedicated by virtue of a certain map known as Duxbury Court Subdivision which map was recorded in Plat Book 11, Page 170, of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on July 12, 1989 and that by reason of the recordation of said map no report from a Board of Viewers, nor consent or donation of right-of-way from the abutting property owners is necessary. The Board hereby guarantees said drainage easements and a right-of-way for the street. 3. That said roads known as Duxbury Lane and Brewster Circle 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 street or highway by the Virginia Department of Transportation. On motion of Supervisor Kohinke to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections copy for Virginia Department of Transportation ITEM NOMBER AT A REGOLAR MEETING OF THE BOARD OF SOPERVISORS OF ROANORE COIINTY, VIRGINIA HELD AT THE ROANORE COIINTY ADMINISTRATION CENTER MEETING DATE: March 9, 1993 SIIBJECT: Acceptance of Duxbury Lane and Brewster Circle into the Virginia Department of Transportation Secondary System. COIINTY ADMINISTRATOR'S COMMENTS: SIIMMARY OF INFORMATION: Beverly Heights Associates, LTD., the developer of Duxbury Court, requests that the Board of Supervisors approve a resolution to the Virginia Department of Transportation requesting that they accept 0.15 miles of Duxbury Lane, from its intersection with Texas Hollow Road (Virginia Secondary Route #641) to its cul-de-sac and 0.05 miles of Brewster Circle, from its intersection with Duxbury Lane to its cul-de-sac. The staff has inspected these roads along with representatives of the Virginia Department of Transportation and finds the roads are acceptable. FISCAL IMPACT: No county funding is required. RECOMMENDATIONS: The staff recommends that the Board approve a resolution to VDOT requesting that they accept Duxbury Lane and Brewster Circle into the Secondary Road System. SU ITTED BY: APPROVED: a old Covey , Director Elmer C. Hodge of Engineering & Inspe tions County Administrator ~7 Approved ( ) Denied ( ) Received ( ) Ref erred to Motion by: ACTION VOTE No Yes Abs Eddy Johnson Kohinke Minnix Nickens ~~ 'RCSSING ;\~Ct~b sr - cR ~ ONT ~~~ ` r Q C ~ \`SrCYV~ opt{ IGHTSg o ~9%/ I ra. ^, ~ Kisx o ~ caa F SacEM _ ~o °~ i ' cRw ~ fxlr4o ~ - DEEPS z u o 'NO T 1\~' osr ri BUF"~a $ f c` ~~ F c ~PSCME'~.L ~.p d~ I ~' aE.. ~p c Er 9 ~'y 6 9 J ~ ~ 'w..TOac CF p F"`~ I-EIZR =~"boo ~ ~ °r~~! P, ~ ('fi N~~~o ~a yo~ ~^N4~4Tq fic~~G WEST.I 9'ry.~m GRANDVI ~ • MI • ~ ~ c y '\ _ ~;~K ~ ° ~ ~ ~4 VICINITY MAP' 14 1.7 ~ Ac. 5a .,, 6 3L 6Q5 I ase uo! 5 zls.aa 1.13Pc.9398 Emmeti Lane _ ~ ~ 3iB_9a : ~ ._ W 3g saa - a~ 6~5 p 9~~9e255?~ ~ 15 See Insert 44.04A 2202,E 3P ° ~._2 w- Ze~?t - I.D A~, I " + !6 _ m 34 ~ ~ ~ For Duxbury Court - ~ a~ 2~ a ~ ~ pa / a ~~ ~; 269 s ; 33.6p9 .~ °,9 6 40 ~~~ ~ 533 c-/ 3 ~J~ ~ ~ ~3B 7Y W'''L • ~, • ~' N u 126 ~ 'o ~ 2 ° v N . 47 14 ~~=, °~ ' 25 ~ a ~ a 56 ac 29 9 a m ~ - ~ .~ _. ,2~ lj9 Q6 28i5 6,6 ., e ~`"~~ry ` 42 0 5or `;28p3~~ s _ ~~:>: ~ 25r ' ~ 508 ? ..6 ~ 7• 1, ~.. ~G Y 22 2~,• .~ . . ~ ~, 220! .~ 5 ° r:q 3 • 22 ~~= p ~ ~6 `2 g 6 ~~" 2' ~ "5(] ago P21 ~ ~, ~, S3 262 SYi aqy 6~7 ~ Ig .IJ S'y.•.ob 1~. T, ~; ~~ 1 2741 ~/ ~ ~-$ 2 Ir1 ~ "2~ a ... n 1 PROPOSED ADDITION SHOWN IN GRAY DESCRIPTION: 1) Duxbury Lane, from its intersection with Texas Hollow Road (Virginia Secondary Route #641) to its cul-de-sac, for a distance of 0.15 miles. 2) Brewster Circle, from its intersection with Duxbury Lane to its cul-de-sac, for a distance of 0.05 miles. LENGTH: (1) 0.15 MILES (2) 0.05 MILES RIGHT OF WAY: (1) 50 FEET (2) 50 FEET ROADWAY WIDTH: (1) 30 FEET (2) 30 FEET SURFACE WIDTH: (1) 26 FEET (2) 26 FEET SERVICE: (1) 11 HOMES (2) 3 HOMES ROANOKE COUNTY ACCEPTANCE OF DUXBURY LANE AND BREWSTER CIRCLE ENGINEERING & INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION INSPECTIONS DEPARTMENT SECONDARY SYSTEM 3 K-7 AT A REGIILAR MEETING OF THE BOARD OF SIIPERVISORS OF ROANORE COIINTY, VIRGINIA, HELD AT THE ROANORE COIINTY ADMINISTRATION CENTER ON TIIESDAY, MARCH 9, 1993 RESOLIITION REQIIESTING ACCEPTANCE OF DIIBBURY LANE AND BREWSTER CIRCLE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That this matter came this day to be heard upon the proceedings herein, and upon the application of Duxbury Lane, 0.15 miles, from its intersection with Texas Hollow Road (Virginia Secondary Route #641) to its cul-de-sac and 0.05 miles of Brewster Circle, from its intersection with Duxbury Lane to its cul-de-sac 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 roads has heretofore been dedicated by virtue of a certain map known as Duxbury Court Subdivision which map was recorded in Plat Book 11, Page 170, of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on July 12, 1989 and that by reason of the recordation of said map no report from a Board of Viewers, nor consent or donation of right-of-way from the abutting property owners is necessary. The Board hereby guarantees said drainage easements and a right-of-way for the street. 4 K '1 3. That said roads known as Duxbury Lane and Brewster Circle 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 street or highway by the Virginia Department of Transportation. 5 ACTION # A-3993-13.g ITEM NUMBER ,~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER MEETING DATE: March 9, 1993 AGENDA ITEM: Acceptance of a Quitclaim Deed for right-of-way for Tinkerdale Road Extension COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND SUMMARY OF INFORMATION This consent agenda item involves the quitclaim of right-of- way to the Board of Supervisors of Roanoke County, Virginia by the following residents of Tinkerdale Road in the Hollins Magisterial District: 1. Marlin E. & Doris J. Conner (Deed Book 673, Page 124); 2. James M. & Melissa D. Conner (Deed Book 1252, Page 0094); 3. Frank R. & Carol P. Gibson (Deed Book 898, Page 69) ; 4. Billy J. & Ruth R. Pyles (Deed Book 840, Page 240 and Deed Book 1031, Page 157); 5. Mary C. Riley (Deed Book 817, Page 11); 6. Howard W. & Juanita C. Bean (Deed Book 1351, Page 01504); 7. Jay Gary & Joan H. Naff (Deed Book 1266, Page 00851). This quitclaim of right-of-way is necessary because there was not a record plat for this subdivision. When each lot was created an easement of access was granted by Mr. R. L. Walrond, the original owner. Reference "Exhibit A" attached to the document. ~-a STAFF RECOMMENDATION Staff recommends acceptance of the quitclaim deed for right- of-way for the Tinkerdale Road Extension. U ITTED BY: APPROVED BY: i ~~/ j Arnold Covey, Direct r Elmer C. Hodge of Engineering & Inspections County Administrator --------------------------------------------------------------- ACTION VOTE Approved (~ Motion by: Edward G. Kohinke No Yes Abs Denied ( ) Eddy x Received ( ) Johnson x Ref erred Kohinke x To Minnix x Nickens x cc: File Arnold Covey, Director, Engineering & Inspections METES AND BOUNDS DESCRIPTION SHOWN ON THIS PLAT REPRESENT A COMPOSITE OF DEEDS, PLATS, AND CALCULATED INFORMATION AND DO NOT REFLECT AN ACCURATE BOUNDARY SURVEY. _. ~ ~;^ ~a 133.86' 175.00' a 0 0 0 __ _ PYLES ~ GIBBON ~ r CONNER, J.M. ~ CONNER, M.E _, m '.`~ ^~ O Z N TAX N0. 27.072-! TAX N0. 27.03-12-7 TAX N0. 27.OS-12-2 TAX N0. 27.00-12-Q R ~ ~~ L ~ SY.37 133.84' 133.85' 175.00' 187.90' ~~p ~ RoAD (RT 1830) , . 50 FOOT R-O-W TO BE QUITCLAIMED WITH THIS INSTRUMENT 177.58' 148.87 139.19 177.51' R ~ 25.00' BUSSEY ~„ L = 37.31' Cn y ~~ O rAx Na z7.oa-2-z~ $ ~ PYLES ~ o RILEY y BEAN NAFF 'U ~ ~ ~i Qi ~ N ~ ~ ~ O ~ ~ RI TAX N0. 27.03-13-4 TAX N0. 27.05-1S-J AX N0. 27.03-13-2 TAX N0. 27.073-1 N m m 19 00 • E N 4732'00• -a E 151.93 ~ p 14210 ~ 204,8y Z ;i1 O D NOTES ° 1. THIS PLAN REPRESENTS A COMPOSITE OF INFORMATION OBTAINED FROM DEEDS AND TAX MAPS AND DOES NOT REFLECT A DETAILED SURVEY. REFERENCE THE FOLLOWING: DB 673, PG 124; DB 1252, PG 944; DB 898, PG 69; DB 1031, PG 157; DB 840, PG 240; DB 1351, PG 1504; DB 817. PG 11; DB 1266, _PG 851 AS RECORDED IN THE CLERKS OFFlCE OF THE CIRCUIT COURT, ROANOKE COUNTY, VIRGINIA. TAX MAP NO. SCALE: n t S EXHIBIT "A" PREPARED BY: ROANOKE COUNTY ENGINEER/NG DEPARTMENT DATE: ~ - 9 - ~.~.~ ~` COUNTY OF ROANORE, VIRGINIA GENERAL FUND UNAPPROPRIATED BALANCE ~ of Gene~al- Amount Fund Expenditures Beginning Balance at $5,419,414 7.51$ July 1, 1992 (Audited) August 12, 1992 Dixie Caverns (100,000) Sept. 8, 199 2 Cable TV budget (21,149) October 13, 1992 Bloodborne Pathogens Standards (33,800) October 27, 1992 Computer Upgrade (126,281) December 1, 1992 Hepatitis B Vaccine - Volunteers (36,840) January 12, 1993 Hollins Rescue Squad (15,285) January 26, 1993 Rutrough Road Improvements j350,000) Balance as of March 9, 1993 $4,736,059 6.56 Reserve Amounts November 17, 1992 Reserved for employee benefits (606,182) November 17, 1992 Reserved for building (350,000) $3,779,877 5.24 Submitted By Diane D. Hyatt Director of Finance Note: On December 18, 1990 the Board of Supervisors adopted a goal statement to maintain the General Fund Unappropriated Balance at 6.25$ of General Fund expenditures ($72,151,291). N- ~ COUNTY OF ROANORE, VIRGINIA CAPITAL FUND UNAPPROPRIATED 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 March 9, 1993 $ 105,464 Submitted by ~c~ r~.,~. ~ ~ ~#~ Diane D. Hyat Director of Finance COUNTY OF ROANORE, VIRGINIA RESERVE FOR BOARD CONTINGENCY July 14, 1992 July 28, 1992 August 12, 1992 September 8, 1992 September 22, 1992 October 13, 1992 October 27, 1992 December 1, 1992 December 15, 1992 Beginning Balance at July 1, 1992 Information Program for Bond Referendum Roanoke Regional Housing Strategy Outside Legal Assistance Grumman Litigation Grumman Litigation Space Study Grumman Litigation Grumman Litigation Grumman Litigation $ 50,000 (18,250) (2,000) (10,000) (229) (869) (5,000) (941) (289) (844) (10,000) $ 1,578 February 9, 1993 Incentive Fund to Cleanup Illegal Dumps Balance as of March 9, 1993 Submitted by (/~ (/~ ~ Diane D. Hyatt Director of Finance 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: March 9, 1993 AGENDA ITEM: Accounts Paid - February 1993 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Payments to Vendors: $2,500,094.15 Payroll: 2/12/93 $ 475,484.18 2/26/93 463,546.25 $ 939,030.43 939,030.43 $3,439,124.58 A detailed listing of the payments is on file with the Clerk to the Board of Supervisors. Respectfully submitted, Diane D. Hya Director of Finance Approved by, E1 er C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE No Yes Abs Approved ( ) Motion by: Denied ( ) Eddy Received ( ) Kohinke Referred ( ) Johnson To Minnix Nickens r' 1 ACTION NO. ITEM NO. + / AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 9, 1993 AGENDA ITEM: Joint Work Session with the Planning Commission to Discuss (1) Alternative Discharging Sewage Systems; and (2) Planning Commission 1993 Work ~Pr~ogra~m9. COUNTY ADMINISTRATOR' S COMMENTS: d~:ae,...~ ~!~/•'t• '~"~' .~ ~ ~ ~ ~ ~ ~ BACKGROUND• ~ a ~~~~ Attached is a copy of the Summary Report on Alternative Discharging Sewage Systems. This report is almost identical to the copy you received before your work session last September, except that a more detailed summary of the Virginia Department of Health (VDH) regulations has been provided. Since the proposed ordinance is tied very closely to the VDH regulations, this expanded summary should assist you in understanding the specific ordinance language. Also attached is a copy of the proposed amendments. These were considered by the Planning Commission at their meeting on March 2. Following the public hearing and a discussion of the public comments, the Commission, by a unanimous vote, recommended approval of the proposed amendments. The second item of discussion at your joint work session with the Planning Commission is the Commission's work program for 1993. Attached for your review and information is a copy of the objectives and schedule for the Commission work program for the current year. STAFF RECOMMENDATION: Staff recommends as follows: 1. That the Board of Supervisors work session be held to discuss the above referenced items. Respectfully Submitted, 4._ ~ -- ~ ~~ ~ --t----.__-_ `-z Terrance L. Harri}~ton, AICP Director of Pla ning and Zoning Approved, mer C. Hod e County Administrator D-/ Action Approved ( ) Denied ( ) Received ( ) Ref erred to Motion by Eddy Johnson Kohinke Minnix Nickens Vote No Yes Abs o-~ SUMMARY REPORT ON ALTERNATIVE DISCHARGE SEWAGE DISPOSAL SYSTEMS The following has been prepared as background information to facilitate discussion of Alternative Discharge Sewage Disposal Systems. For the purpose of consistency, these systems will be referred to as Alternative Discharge Systems or just systems throughout this report. Staff has attempted to summarize this information, focusing on the key issues and concerns. A listing of additional material is located at the end of this summary. Copies of these materials are available for viewing in the office of the Roanoke County Department of Planning and Zoning. Please note that there are a variety of terms or names associated with these systems. The name selected is used by the Virginia Department of Health. Other names include single family home treatment plants, individual sewage treatment systems or plants, individual on-site wastewater treatment plants, etc. Description of alternative discharge systems • An alternative discharge sewage disposal system, for the purposes of this report, is defined as any system or device which results in a point source discharge (or surface discharge) of not more than 1,000 gallons per day from a single family residential source. Not addressed in this report is community sized package treatment systems like the one proposed by Fralin and Waldron in Back Creek. • These systems differ from other more conventional systems in that all other approved methods of on-site sewage disposal use a soil absorption bed or drainfield as an integral part of the treatment process. All of these other systems, ranging from conventional septic and drainfield systems to the more innovative mound systems, have no surface point discharge. • Alternative discharge systems include two approved technologies, the sand filters, and the aerobic treatment units or systems. The sand filter system is similar in concept to a septic system, except that the drainfield, usually composed of sand and gravel is isolated from the native soils. Wastewater, after some form of pretreatment, is applied intermittently to the sand filter bed where bacteria in the sand treat the wastewater. The water is then chlorinated (and dechlorinated) and discharged into ayear-round or intermittent stream. The aerobic treatment unit consists of a two or three chamber septic tank which relies on mechanically 1 induced aeration to accelerate the decomposition of wastewater through an aerobic process. Like the sand filter system, the water is then chlorinated (and dechlorinated) and discharged into ayear-round or intermittent stream. • Most of the attention in Virginia has been on the aerobic treatment systems. These systems, unlike the sand filters, are manufactured and marketed by private vendors as a packaged treatment system for single family residences (hence the name treatment plants). Sand filters, in contrast, are usually designed and constructed on a site specific basis and are generally more expensive to install and maintain. Summary of Research • Aerobic treatment systems have been proposed as an alternative to more conventional or innovative soil absorption based systems where soil capabilities have been determined to be inadequate. The primary focus of most research on these systems has been the consistency and quality of treatment, since they discharge directly or indirectly into surface waters. Unlike soil absorption systems, their impact on public health and water quality is more visible and potentially more problematic. • Since these systems first appeared on the market, they have been subjected to considerable research across the country. Extensive field research of aerobic treatment systems has been conducted in Ohio and Colorado. Virginia, through the Water Resources Research Center, has just completed a study which included an extensive survey and summary of previous research. • The conclusions of these studies repeatedly show that a high percentage of the aerobic systems tested in the field were unable to consistently meet the discharge limits established during the permitting process. These percentages have ranged as high as 60% to 80% of the systems sampled. Some researchers have concluded that the poor quality of treatment from these systems may be attributed to poor design and/or construction. Virtually all studies, however, have attributed the poor quality of treatment to mechanical malfunctions, infrequent servicing, and homeowner neglect or ignorance of proper operation and maintenance of these systems. Additional problems with the quality of discharge were noted where chlorination and dechlorination were required (as in Virginia). Legislation and Regulation in Virginia • Prior to the installation and operation of an alternative discharge system, a Virginia Pollution Discharge Elimination System (VPDES) permit must be obtained from the Virginia Water Control Board (VWCB), pursuant to the Federal Clean Water Act. 2 a • In 1987 the Code of Virginia was amended to require local government authorization of all VPDES permit requests prior to approval by the VWCB. This authorization is to insure that the proposal is consistent with all ordinances adopted pursuant to Chapter 11 of Title 15.1, Section 15.1-427 et. seq., which is the Local Planning Legislation portion of the Code of Virginia. This amendment has led to Roanoke County's involvement with this issue. • From 1987 and 1990 the General Assembly of Virginia, by joint resolution, has requested three studies directly related to failing septic systems and alternative treatment systems. In the first of these studies it is estimated that as many as 60 percent of the septic systems in Virginia were operating improperly. However, another study by the Virginia Water Project in 1987 estimated that only 45 septic systems in Roanoke County were inadequate or failing, of which 4 were unable to be corrected. The most recent study requested by the General Assembly evaluates "Single Family Home Treatment Plants" and was completed in 1990. This study summarized the capabilities and concerns with these systems and laid the foundation for transferring most of the administrative responsibilities to VDH, under a general permit procedure established at the VWCB. • The VDH has adopted regulations pursuant to Title 32.1 of the Code of Virginia titled "Alternative Discharge Sewage Treatment System Regulations for Individual Single Family Dwellings (VR 355-34-4001" which went into effect on July 30, 1992. Although more than 500 systems have been approved statewide under the old (VWCB) procedures, only 12 systems have been approved under these new regulations. Listed below is a summary of those regulations: Regulations Generally - Regulations apply only to alternative discharge sewage treatment systems with average flows of 1,000 gallons per day from individual single family dwellings. - Regulations are integrated with the VPDES General Permit Requirements administered by the VWCB. - Discharge systems will not be approved until all other on-site sewage options have been evaluated and found unsatisfactory. Generic Approval of Systems - Discharging systems are classified and approved for use in Virginia by VDH according to the data available to indicate the performance limits and reliability of the system design or manufacturer. The three classes used are: 3 ~' • Experimental: Where the system technology or design has not been rigorously tested and proven to meet required discharge limits or the standards for Class 1 systems defined by American National Standards Institute/National Sanitation Foundation (ANSI/NSF) International Standard 40. No more than 25 experimental systems of a particular design may be installed in the Commonwealth. • Preliminary: Systems which have been tested under controlled test conditions and comply with the ANSI/NSF Standard 40; or systems which employ accepted engineering practices; or, experimental systems which have successfully demonstrated that they are capable of meeting discharge limits. • General: Systems that have demonstrated in actual residential use their ability to meet the limits of discharge limits established under the VWCB's General Permit standards. - This classification scheme determines the level and frequency of testing required. Also, suspension and/or revocation of generic approval are specifically spelled out in the VDH regulations. - According to VDH, at this point no systems have been approved under the General classification. Permitting Process for Construction and Operation Permit applications are available from and submitted to VDH. - VDH refers the application to the VWCB who processes the permit request under general permit procedures, including local caovernment authorization, and general evaluation of location in terms of other permits and proposals in terms of water quality issues. - If approved by VWCB, VDH reviews the application for conformance with VDH regulations for general siting of systems and makes an inspection of the proposed site. Exceptions to the siting criteria can be made for systems replacing failing_on-site systems provided the basic intent of the regulations is met. If approved, the applicant submits construction plans with detailed locational data and description of proposed system. If in conformance, a construction permit is issued. - VDH performs an inspection of the entire system after installation (but prior to backfilling) and if in conformance, issues an operation permit. 4 +~~ 1 - Permits are issued on a first-come, first-serve basis within the limits of receiving waterbody or stream. When these limits are reached, an individual VPDES permit (rather than a general permit) may be obtained from the VWCB with more stringent treatment and lower levels of contaminants permitted to be discharged. - The VDH regulations contain an appeal/variance procedure which is ruled on by the Commissioner or a Deputy Commissioner. Enforcement procedures are also fully documented. - Since local notification and approval is required as part of the VWCB's approval process, local approval occurs in the process in advance of any detailed consideration by VDH and any exceptions or variances under VDH regulations. For local governments with formal review procedures, an applicant could be caught in conflicting or contradictory requirements of local and VDH approvals. Site and Design Requirements - Discharge points are prohibited within the following parameters: • one mile of any public water supply intake or area designated for public swimming; • prescribed distance from any private or public well, depending upon the class of the well; • 100 feet from a spring, or further if the spring is used for human consumption; • 500 feet from another discharging system; and, • discharging into a sink hole is prohibited. - Discharges into intermittent streams and dry ditches, while permitted generally, are highly discouraged and require the following additional site and design standards; • access to the discharge point must be restricted for a minimum of 500 feet; • the owner must either own or have a perpetual easement to the land 500 feet downstream of the discharge point (1,500 feet if there is a spring); and, • some form of additional treatment of the discharge must be required to provide a higher level of treatment. - In existing or new subdivisions, only discharges into all weather streams is allowed, except for replacement systems. In new subdivisions, an 5 ~-! environmental analysis and impact of all discharges may be required from the locality by VDH prior to its review. - All systems must be constructed and installed according to approved plans and must include sampling and cleanout ports, posting of discharge points, and an audio and visual alarm on a separate electrical circuit and located in an inhabited area of the dwelling. Disinfection (usually chlorination) and other treatment (dechlorination) are also required. By-pass pipes for untreated effluent are prohibited. Monitoring and Maintenance - Once the operation permit is issued, informal (field) testing is conducted monthly for six months. If discharge limits are met, informal testing is required quarterly, with formal (lab) testing required semi-annually for systems with preliminary approval. Systems with general approval require formal testing annually. If discharge limits are not met, additional informal and formal testing is required. If discharge limits are still not met, monthly testing can be required until the system is operating properly. - A maintenance contract is required to be kept in force at all times. Such contracts must cover a minimum of 2 years, and include all required testing and repairs with a maximum deductible of not more than S200. After July 1994, all personnel performing maintenance and testing services under contract must possess a Class IV Wastewater Works Operator's license. - VDH holds the owner directly responsible for complying with all testing and monitoring requirements, all notifications in the event of a malfunction, and insuring a maintenance contract remains in effect. The monitoring requirements are usually included in the maintenance contract as a service. Regulations in Roanoke County • Under the Code of Virginia, local government authorization must be obtained prior to issuance of an VPDES permit by the VWCB (or the VDH for Alternative Systems). This authorization is to insure that the proposal is consistent with all ordinances adopted pursuant to Chapter 11 of Title 15.1 (Section 15.1-427 et. seq.l. • The laws and ordinances regulating land development are intertwined in the subdivision regulations and zoning ordinance (new and old) and provisions of the County code. According to the laws, and specifically Chapter 18 of the County Code, only septic tank systems and public sewer systems are authorized for the disposal of household sewage disposal. 6 o-r Summary of Concerns • There are a number of issues and concerns which surface in relationship to permitting these systems to be installed in Roanoke County. These can be divided into three general categories: Water Quality Issues, Growth Management Issues, and Other Potential County Liabilities. These are more fully described below. Water Quality Issues - Roanoke City, and in turn the County, is required to meet exceptionally high standards for the quality of effluent discharged at the Roanoke City Regional Sewage Treatment Plant. The discharge limits required of these treatment systems are considerably lower. This creates not only a problem of equity, but raises questions in terms of the implications on water quality in the region. - Unlike conventional septic systems and drainfields, which rely on gravity, these treatment systems rely heavily on mechanical equipment which is subject to failure. Once the aerator/agitator systems cease operation, the system operates as a conventional septic system, except that they discharge directly to the surface rather than receiving further treatment in a drainfield. An alarm system will notify the conscientious owner, but does not prevent untreated discharges where the owner is either ignorant or indifferent to the consequences. - As the research studies mentioned above have indicated, the primary reason for the failure of the systems to consistently perform as permitted is the lack of maintenance and monitoring of the systems. The new VDH regulations have required perpetual maintenance contracts and periodic monitoring based on the system's performance. The regional treatment plant must be monitored and sampled daily. Ultimate responsibility rests with the property owner to insure that maintenance and monitoring requirements are met. The ability of the VWCB and VDH to oversee and enforce these requirements, given present budgets and personnel, still remains a question. - Finally, as the studies also indicate, the ability of these systems to continuously meet the discharge limits established by the VWCB and VDH in the field is still subject to considerable debate. In addition, as water quality standards are tightened, previously permitted systems may no longer comply with the new standards. 7 Q-! Growth Management Issues - Historically, the soil suitability has served as a major limitation on the development potential of an area. Permitting these alternative systems, particularly for new development would overcome this natural constraint. - Many areas constrained by soil suitability also possess other constraints to development including areas with poor drainage, steep slopes and flood plains. - To an extent, soil suitability serves as a limiting factor on growth in the County's rural service area. Staff is concerned that the alternative systems would permit additional growth, spurring the need for expanding public services and facilities not previously anticipated in the County's programmed improvements. Other Potential County Liability - Roanoke County has had a long history of having to deal with the problems of private improvements associated with land development. Many of these have become public liabilities, in that public funds have been expended to upgrade and improve private facilities. Private roads are no longer permitted because of the public costs in upgrading these roads for acceptance into the state system. The County is now experiencing the same problem with a number of private water supply systems recently acquired by the county. Similar circumstances have also occurred with drainage ways which may expand into the area of stormwater management. Staff feels that these alternative systems, due to the maintenance and monitoring requirements and the potential for tighter discharge standards, have the same potential for becoming public liabilities. - As these systems are approved on a first-come basis with discharge limits based on the receiving stream, the use of these alternative systems in large numbers over time could diminish the ability of the County to site a treatment facility in the same watershed. The cumulative effect could be to increase the cost of treatment at a public facility to maintain water quality standards of the receiving stream. 8 o-~ LISTING OF ADDITIONAL MATERIAL AVAILABLE FROM STAFF 1. "Draft Alternative Discharge Sewage Treatment System Regulations for Individual Single Family Dwellings (VR 355-34-400)" prepared by the Bureau of Sewage and Water Services, Commonwealth of Virginia Department of Health. 2. Report of the State Water Control Board on The Study of Small Wastewater Treatment Plants to the Governor and the General Assembly of Virginia. Senate Document No. 28, 1990. 3. A copy of the Board and staff report considered by the Board on August 23, 1988, including the Planning Commission's recommendations. 4. Excerpts from "Evaluation of the Performance of Five Aerated Package Treatment Systems" by Kellam, Boardman, Hagedorn and Reneau at VPI&SU, Blacksburg, VA. Note: The final report is still in its draft stages, but staff was able to get the abstract and portions of the report completed to date. 5. "Residential Onsite Wastewater Treatment: Some Tradeoffs Between Point and Nonpoint Source Pollution" by Diana L. Weigmann, Assistant Director, Virginia Water Resources Research Center, Blacksburg, VA. 6. "Comparison of Septic Tank and Aerobic Treatment Units: The Impact of Wastewater Variations on These Systems" by R. Bennett, et al, Colorado University, Boulder, CO. September 1973. 7. "Experience of a County Health Department with Individual Aerobic Sewage Treatment Systems" by Dan W. Tipton, Jefferson County Health Department, Lakewood, Colorado. Presented at the APHA Convention, New Orleans, Louisiana in November, 1974. 8. "Hamilton County Home Aerobic Systems Sewage Disposal Program Survey", by Ohio Department of Health, Department of Health, Columbus, Ohio, 1979. Unpublished. 9. "Report on the Performance Evaluation of Norweco, Inc. Singulair Model 820 Individual Home Wastewater Treatment System" Report No. S40-8-1. (National Sanitation Foundation, Ann Arbor, Michigan. 1984) 9 /}/ February 25, 1993 PROPOSED AMENDMENTS TO THE ROANOKE COUNTY ZONING ORDINANCE FOR ALTERNATIVE DISCHARGING SEWAGE SYSTEMS The following amendments are being proposed to the 1992 Roanoke County Zoning Ordinance, which went into effect on December 31, 1992. The following use type description shall be inserted into the listing of residential use types contained in Section 30-29-2 in alphabetical order: ALTERNATIVE DISCHARGING SEWAGE SYSTEMS -Any device or system which results in a point source surface discharge of treated sewage which is installed as a replacement system for apre-existing individual single family dwelling with flows less than or equal to 1,000 gallons per day on a yearly average. These systems are regulated by the Virginia Department of Health under a general Virginia Pollution Discharge Elimination System (VPDES) permit issued by the State Water Control Board. Systems which exceed 1,000 gallons shall be prohibited and shall not be considered a Utility Service, Major as described in this ordinance. II. The following use type shall be added, in alphabetical order, to the listing of uses requiring a special use permit in all of the Agricultural districts and in the R-1 district by amending Section 30-32-2(B) 1.5; Section 30-33-2(B) 1.5.; Section 30-34-2(B) 1.; Section 30-36-2(B) 2.; and, Section 30-41-2(B) 2. with the following language: Residential Uses Alternative Discharging Sewage Systems III. The following provisions shall be added to Article IV, Use and Design Standards, Section 30-82 Residential Uses as Section 30-82-1.5: Sec. 30-82-1.5 Alternative Discharging Sewage Systems (A) Intent - The existence of untreated septage/sewage poses a clear and documented risk to public health and safety. The following provisions are intended to permit by special use permit the replacement of a failed septic system or other approved method of sewage disposal on property which contains an owner occupied single family residence constructed prior to the 1 o~~ date of this ordinance and where no other alternative for sewage disposal exists. These systems are not considered by Roanoke County to be a proven nor acceptable technology for general application or new construction since they conflict with the growth management and resource protection policies contained in the County's Comprehensive Plan. However, these systems provide a more acceptable method of sewage disposal than no sewage disposal at all for residences which pre-existed this ordinance. (B) Special Application Requirements and Procedures: 1. Formal application shall be made to the Virginia Department of Health (VDH) in accordance with Section 2.12 of the VDH regulations. No application to Roanoke County will be accepted until a formal application has been submitted to and received by VDH. 2. In addition to the application requirements and procedures established in Section 30-19 of this ordinance, no application for a special use permit shall be considered until the information listed below is provided. a. a copy of the application form and material(s) submitted to VDH; b. written documentation from VDH that all other methods of sewage disposal permitted in Virginia have been investigated and that the alternative discharging sewage system is the only remaining alternative for this improved property; c. documentation supporting conformance with the criteria contained in subsection (C) 2. below; and, d. the tax map number, name and mailing address of all property owners 1,000 feet downstream of the proposed discharge point along the fall line, based on the most recent real estate books for Roanoke County, or other municipality if appropriate. 3. In addition to all other notice requirements contained in Section 30-19 of this ordinance and otherwise required by law, all property owners located 1,000 feet downstream from the discharge point along the fall line shall be notified by first class mail at least ten days prior to the Planning Commission's public hearing. The Zoning Administrator shall be responsible for this notification. The applicant shall be responsible for the cost of postage. 2 ~-1 4. Wherever possible, the review and consideration of a request for a special use permit shall be coordinated with the review procedures and requirements of VDH and the State Water Control Board (SWCB). (C) General standards: 1. All proposed alternative discharging sewage systems shall comply with the regulations and requirements of the State Water Control Board (SWCB) and the Virginia Department of Health (VDH) pursuant to Section 62.1-44.2 et seq. and Section 32.1-163 and 164 of the Code of Virginia, respectively, as may be amended. The primary regulations which govern the permitting and installation of these systems are contained in the VDH regulations titled "Alternative Discharging Sewage Treatment System Regulations for Individual Single Family Dwellings (VR 355-34-4001." 2. A special use permit request shall only be considered when the following criteria is met: a. the residence is located more than 300 feet from an existing or proposed public sewer line, or when 300 feet or less, is otherwise unable to connect to public sewer due to topography or other physical constraint, as determined by the Director of Utility; b. the proposed alternative discharging sewage system is solely for replacing a failed septic system or other approved method of sewage disposal for a property which contains a single family residence constructed prior to the adoption date of this ordinance; and, c. the residence to be served by the system is the principal residence of the owner. 3. All systems proposed for use in Roanoke County shall be classified under Section 2.25 of the VDH regulations as having either preliminary or general approval for use in Virginia. Systems with experimental approval shall be prohibited in Roanoke County. 4. In Roanoke County the location of the discharge point shall be limited to a year-round stream as defined in Section 3.2 of the VDH regulations, except as allowed in item (C) 5. below. 5. Use of an intermittent stream or dry ditch as the discharge point may be permitted by the Board of Supervisors under the following conditions: 3 o-~ a. the use of an intermittent stream or dry ditch is included as a specific condition of the special use permit; b. specific conditions are attached to the permit pertaining to additional levels of treatment, security of the discharge point, ownership of the property or a perpetual easement for a distance downstream from the discharge point, and other criteria essentially to protect the public health and safety;- and, c. none of the conditions attached to the permit are less restrictive than the requirements contained in Section 3.7 of the VDH regulations unless specifically varied or modified by VDH and incorporated into the conditions of the special use permit. 6. Prior to issuance of an operating permit by VDH, a notice shall be recorded with the Clerk of the Circuit Court advising future purchasers of the legal obligations associated with the method of sewage disposal located on the property. At a minimum, this shall include notice that the approval must be re-permitted every five years or upon change of ownership as required by VDH regulations, that a maintenance contract must remain in full force at all times, that VDH shall have the right of access to the property, and that the Health Department and Roanoke County do not warrant in any way the continued compliance with County, State and Federal standards and assumes no liability for the continued use of this technology for sewage disposal. This document shall be approved by the County Attorney's Office prior to recordation. 7. A copy of all formal and informal testing results required under Section 3.11 of the VDH regulations shall be submitted to the County Health Department and the County Department of Planning and Zoning, in addition to any other agency or location required by law. 8. Any special use permit approved by Roanoke County shall run concurrently with the operating permit approved by VDH. Upon expiration or revocation of the operating permit, the special use permit shall also expire or be revoked. No special use permit shall be valid for a period greater than five years. 9. Requests to renew a permit of an existing system shall be considered as though it were a separate and new request for a special use permit and shall meet all of the requirements of this ordinance. Recurring requests for a permit due to repeated revocations of an operating permit or failure to comply with the requirements of the VDH regulations, including failure to maintain a current maintenance contract at all times, may be sufficient 4 r ^'~° grounds for denial of a new special use permit by the Board of Supervisors. 10. Any violation of the VDH regulations for the construction, operation and _ maintenance of an alternative discharging sewage system shall be considered a violation of any special use permit approved under this ordinance 11. Any variance or waiver approved by VDH shall not automatically be binding on the Board of Supervisors in considering or approving a special use permit. 5 ~. "~"`' ROANOKE COUNTY PLANNING COMMISSION 1993 WORK PROGRAM Objectives for 1993 The following objectives were prioritized by the Commission: #1 Back Creek and Bonsack Community Planning Area Studies #2 Interchange Zoning District #3 Blue Ridge Parkway Zoning Changes #4 Individual On-Site Wastewater Treatment Plants #5 Subdivision Ordinance Update #6 Historic Preservation Component to the Comprehensive Plan #7 Mountain Top Protection Plan #8 Incorporation of Additional Zoning Ordinance Districts (Cluster Overlay) The following additional items were discussed by the Commission but did not make the above priority list. Those marked with an asterisk (*1, while not included on the Commission's priority list or schedule, are items that staff will devote time to during 1993 due to previous commitments. Roanoke River Overlay Implementation * Incorporating New Zoning into GIS System (Pasco) Wellhead Protection Program Greenway Plan Tree Protection Ordinance Williamson Road Corridor Study Schedule for 1993 The Commission proposed the following schedule: 1st Quarter 2nd Quarter •Back Creek/Bonsack Studies •Back Creek/Bonsack Studies •Blue Ridge Parkway Zoning Changes •Interchange Zoning District •Individual On-Site Wastewater •Subdivision Ordinance Update •Tour of County Facilities 3rd Quarter 4th Quarter •Interchange Zoning District •Mountain Top Protection •Historic Preservation •Additional Zoning Ordinance Districts •Move to Travelers The Objectives and Schedule outlined above were adopted by the Commission at their work session on January 19, 1993. ACTION NO. ITEM NUMBER ~ " AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER MEETING DATE: March 9, 1993 AGENDA ITEM: Budget Work Session COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This time has been set aside for a budget work session. ~~~ ~~~~, Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Eddy Received ( ) Johnson Referred ( ) Kohinke To ( ) Minnix Nickens ~` County of Roanoke Budget Work Session March 9, 1993 Agenda State Revenue Update • Education • Library, VPI Extension, Police • Compensation Board • Recordation Fees Local Revenue Update • General Overview • Machinery and Tools Tax Revised Budget Calendar March 9, 1993 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) discussions concerning the expansion of an existing business or industry in the County in accordance with Sec. 2.1-344 A 5 of the 1950 Code of Virginia, as amended. (b) discussion concerning the acquisition of real property for public library purposes in accordance with Section 2.1-344 A 3 of the 1950 Code of Virginia, as amended. r;: .. 1 AT A REGULAR MEETING OF THE BOARD OF SIIPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 9, 1993 RESOLUTION 3993-14 CERTIFYING EBECUTIVE 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, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: ~' Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Executive Session ACTION NO. ITEM NUMBER ~- I. ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 9, 1993 AGENDA ITEM: Public Hearing for Citizen Comment on the Real Estate Tax Rate. COUNTY ADMINISTRATOR'S COMMENTS: ~~ °w'""`'~'''~ SUMMARY OF INFORMATION: As directed by the Board of Supervisors at the February 9, 1993 Budget Work Session, staff advertised the proposed Real Estate Tax rate for the calendar year 1993 as follows: Real Estate Tax at a rate of not more than $1.13 per one hundred dollars assessed valuation. The public hearing scheduled for today is for the express purpose of receiving written and oral citizen comment on the proposed Real Estate Tax rate for the 1993 calendar year. No ordinance which imposes or increases a tax or levy shall be adopted unless fourteen days have elapsed following the last required publication of intention to propose the same for passage (State Code Section 15.1-504). The proposed Real Estate Tax rate of $1.13 was advertised on February 23, 1993 and March 2, 1993; therefore, this tax rate is scheduled for adoption March 23, 1993. Respectfully submitted, Reta R. Busher Director, Management and Budget Approved by, (.~.~i Elmer C. Hodge County Administrator t R-l.c~.~ ACTION Approved () Motion by: Denied ( ) Received ( ) Referred ( ) To ( ) voTE No Yes Abs Eddy - - - Jolwson - - - Kolrinke _ - - Minnix - - - Nickens R-r.~, AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 9, 1993 RESOLUTION SETTING THE TAX RATE ON REAL ESTATE SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 1993 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that the levy for the twelve-month period beginning January 1, 1993, and ending December 31, 1993, be, and hereby is, set for a tax rate of 1.13 per one hundred dollars of assessed valuation on all taxable real estate and mobile homes classified by §§ 58.1-3200, 58.1-3201, and 58.1-3506.B of the 1950 Code of Virginia, as amended, situate in Roanoke County. c:\wp5l\agenda\gereral\taxrate.re 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: March 9, 1993 AGENDA ITEM: Public Hearing for Citizen Comment on the Personal Property and Machinery and Tools Tax Rates. , N,~,,,~~ Gu~ COUNTY ADMINISTRATOR S COMMENTS: SUMMARY OF INFORMATION: As directed by the Board of Supervisors at the February 9, 1993 Budget Work Session, staff advertised the proposed Personal Property and Machinery and Tools Tax rates for the calendar year 1993 as follows: Personal Property Tax at a rate of not more than $3.50 per one hundred dollars assessed valuation. Machinery and Tools Tax at a rate of not more than $3.00 per one hundred dollars assessed valuation. The public hearing scheduled for today is for the express purpose of receiving written and oral citizen comment on the proposed Personal Property and Machinery and Tools Tax rates for the 1993 calendar year. No ordinance which imposes or increases a tax or levy shall be adopted unless fourteen days have elapsed following the last required publication of intention to propose the same for passage (State Code Section 15.1-504). The proposed Personal Property and Machinery and Tools Tax rates were advertised on February 23, 1993 and March 2, 1993; therefore, these tax rates are scheduled for adoption March 23, 1993. Respectfully submitted, Reta R. Busher Director, Management and Budget A roved b , PP Y l' Elmer C. Hodge County Administrator ACTION VOTE Approved () Motion by: No Yes Abs Denied () ~dY - - - Received () Johnson _, - - Referred () Kohinke - - - To () Minnix - - - Nickens - - - /{_I.b AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 23, 1993 RESOLUTION SETTING THE TAX LEVY ON ALL CLASSES OF PERSONAL PROPERTY SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 1993 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the levy for the twelve-month period beginning January 1, 1993, and ending December 31, 1993, be, and hereby is, set for a tax rate of 3.50 per one hundred dollars of assessed valuation on all taxable, tangible personal property, excluding all those classes of household goods and personal effects as are defined in §§ 58.1-3504 and 58.1-3505 of the 1950 Code of Virginia, as amended, but including the property separately classified by §§ 58.1-3500, 58.1-3501, 58.1-3502, 58.1-3506 in the 1950 Code of Virginia, as amended, of public service corporations based upon the assessed value thereof fixed by the State Corporation Commission and duly certified. 2. That there be, and hereby is, established as a separate class of personal property in Roanoke County those items of personal property set forth in § 58.1-3506 of the 1950 Code of Virginia, as amended, and adopted by Ordinance No. 121592-11, and generally designated as Motor Vehicles for Disabled Veterans 3. That the levy for the twelve-month period beginning January 1, 1993, and ending December 31, 1993, be, and hereby is, set at fifty (50~) percent of the tax rate established in paragraph 1 for the taxable, tangible personal property as herein established as a separate classification for tax purposes and as more fully j?_ l.b defined by § 58.1-3506 of the 1950 Code of Virginia, as amended, and generally designated as Motor Vehicles for Disabled Veterans. 4. That there be, and hereby is, established as a separate class of personal property in Roanoke County those items of personal property set forth in § 58.1-3507 of the 1950 Code of Virginia, as amended, and generally designated as machinery and tools. 5. That the levy for the twelve-month period beginning January 1, 1993, and ending December 31, 1993, be, and hereby is, set for a tax rate of 3.00 per one hundred dollars of assessed valuation on all taxable, tangible personal property as herein established as a separate classification for tax purposes and as more fully defined by § 58.1-3507 of the 1950 Code of Virginia, as amended, and generally designated as machinery and tools. c:\wpS]\agenda\general\taxrate.pp ( ~ „1,.. . rwrr~!wYn~~l! ~I1e11~i1e~d 1 ,ziYG9C n~ invlwR~ n~[_ fig ~nwrri ni ~.. ,. ~.» n . T-.--- _ ,~w~ rira.ww...~ ,« ,~;.^.t". ivory ~: ":L RC,S ~~'~2 ~i .t.w _ _ t>r~ ,l ~t ~a T _ ~,Yy~rs%~.. ~~ `T''t~' ell: n:mss ¢'34.t~.1k, h~'s%}°'ii ~n r-t k sc.c ~TA r~ *45I~I+E ~€ ''3i? it ! r nr ~~ w1~~+ i/1~Y` ~-~~N pp~AA'i,,'1//'~~{{/~~~ ~~L':: f't Gl "S~'1 f\=I, .. ~Y~n~v i.T?~~t ~ft 1l~FtVgqi+rli TlG r•lU g~g n V 'L) J6-r n. ~~~~'V ii~ ~V~~~ ~N' ~nTi AT TI.I^ O rrR l~n.'. tlr Nil. MIJ~ InMf\ S ~V <L C„ \'1" n`a`r.:~ai'~. :+^ii.i~r°~':,1 ~1.~ gig i7~; i~i.~v:~. v itv?`=ry'.''. ~; ~~, a :io~rjp!~~pEftiE a-t•d~Cy~ TCi':_;~~.^.^. a ax °"~~ i~c ~,y~ nJFIC .iit'f ~ivw ~~•°• v~ r: mo~T fir n~,;~S(~ } .,.'Pi'n i4 ~r=~ V~~ri1 " ti. J{~v'~t~t.irt :[ ~~~Ft~1A,, i t t 2*' RlBJ4 SAS ~. }!OeltO'•a [40U+TtY Y ~y t' rtf ~, i { x117 ~ [Tle Aga t VCN-^lY •O TIR~iTre+~9I1 ~' _ fi° 1~~~ ~ yte~ryy, AM >J'• ~ Ind ^yiw',>.! j 4 nuiNic~nearr~ o~~• ~nilow # j ~ '"',t!~.il.+ 4 AML!, l1~Nr1 ~-'fY. ~ca~+ ~~ ~w xlr i; ?4>.r r+~ - r~) A kp TIA~+"' 4?+6~~Y~iH MC Tom( ~lt+'. ;..^ v ...~ .~r, .y1 iN0 d:t s.:. e t'~:= ~ , "/0 FOq J1N d1R! ; Irk ;=+1ii ' ~ "~ 7'i 0! the 101i1..n:+~ •iti0 I ~JS~ ++41 ie! ~!~" ,3~- ~ ;'tetlW~eT ~~;~ :., ~~ `~ PUBLIC NOTICE i ~,i Please be advised that the Board of Supervisors of Roanoke County, Virginia, at its meeting on Tuesday, March 9, 1993, 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 AND REENACTING SECTION 21-202 OF THE ROANOKE COUNTY CODE AUTHORIZING AN INCREASE IN THE TRANSIENT OCCUPANCY TAX FROM 2$ TO 5~, ALLOCATING PROCEEDS FROM THIS INCREASE, AND PROVIDING FOR AN EFFECTIVE DATE All members of the public interested in the matter set forth above may appear and be heard at the time and place aforesaid. 1 ~~~ / Paul M. Mahoney County Attorney Roanoke County, Virgini Publish on the following dates: February 23, 1993 March 2, 1993 Send invoice to: Board of Supervisors P. O. Box 29800 Roanoke, VA 24018-0798 ATTENTION: MRS. MARY ALLEN PUBLIC NOTICE Please be advised that the Board of Supervisors of Roanoke County, at its meeting on the 9th day of March, 1993 at the Roanoke County Administration Center in Roanoke, Virginia, at 7:00 p.m. or as soon thereafter as the matter may be heard, will hold a public hearing on the following matter, to-wit: TO SET A REAL ESTATE TAX RATE OF NOT MORE THAN $1.13 PER $100 ASSESSED VALUATION IN ROANOKE COUNTY. TO SET A PERSONAL PROPERTY TAX RATE OF NOT MORE THAN $3.50 PER $100 ASSESSED VALUATION IN ROANOKE COUNTY. TO SET A MACHINERY AND TOOLS TAX RATE OF NOT MORE THAN $3.00 PER $100 ASSESSED VALUATION IN ROANOKE COUNTY. Mary H. Allen Clerk to the Board of Supervisors Publish on the following dates: February 23, 1993 March 2. 1993 NOTICE OF PROPOSED „ TAX INCREASE The County of Roanoke proposes ~~~ to increase property tax levees. I. Assessment Increase: a clod ngeSadditional of real prope y, assessments due to new construction or improvements to property exceeds last, year's total assessed value of real property' by 2.33 percent. 2. Lowered Rate Necessary to Offset Increased` Assessment: Tunttof real estat tax as ast~ the same amo year, when multipeaaesta etw th the exclul assessed value of sions mentionsS dbvalue. Th s b atel w~l b~,: $100 of asse known as the "lowered tax rate." ~~~ 3. Effective Rate IncrtoasadoTt a tax r e of Roanoke roposes p $1.13 per 100 of assessed value. The diffthe ence between the lowered tax rate and proposed rate would be $0.03 per $100, or 2.72 percent. This difference will be known as the "effective tax rate increase." Individual property taxes may, however, increase at a percentage greater than or less. than the above percentage. A public hearing on the increase will be held on Tuesday, March 9, 1993, at 7:00 be heard; soon thereafter as the matter may at the Roanoke C leton AvenuetratRoanoke, ter, 3738 Bramb (Virginia. ~IIIIIIIIifIII~IIIIIIIIiIIIIIIIIIIIIIIiIiII111111111111111111111111iIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1111111111111~JjJ _ _ _ _ _ - _ - _ _ _ -_ AGENDA ITEM NO. I2- ~' APPE CE REQUEST PUBLIC HEARING ORDINANCE CITIZENS COMMENTS SUBJECT: ~ ~ ~ ~ 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: __ __ ^ 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 ot~the Board to __ do otherwise. - c ^ 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. ^ SQeakers are requested to leave any written statements and/or comments - vr~th the clerk. ^ INDIVIDUALS SPEAKING ON BEIIALF 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 _. - - _ filllillllllllillllllllllllillllllllllllllllilillllilllllllllillllllllllllllllllllllllilllllllllllllllllllllllllllillllllllillllllm ~ -- / VEA STATISTICS 19$8 - 1989 Roanoke County's average teacher salary ranked 10th in the state. 1992 Roanoke County Bey^innir.Q 34th Salary 10 years 77th Maximum 65th Salem City 13th 11th 33rd Roanoke County's 2 0 year earnings are $b4, 87b I~ss than Salem' s. Roanoke County's 30 year earnings are almost ~ 100, 000 I~ss than Salem' s. ~ I111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 ~ - - - - - - - - - - - - _ ~~~.. _ - - AGENDA ITEM NO. __ APPE CE REQUEST EARING ORDINANCE CITIZENS COMMENTS _ PUBLIC H _ -_ SUBJECT: ~ ~- ~!" (1 :4- -T~ 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 given 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 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 Al!' 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 = - _ = mllllllllllllilillllllllllllilllillllllllillillilililllllllliilllllllilllllllllillllllllllilllllllllllllllillllllllllllllllllllll~ ~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiIIIIIIIIIIIiIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIj~,I - - - - - - - - - - - - _ ~a.. AGENDA ITEM NO._ ":~_~ • ~ c -_ APPE CE REQUEST LIC HEARING ORDINANCE CITIZENS COMMENTS PUB _ ~f ~~ SUBJECT: 7` T~ d o~~ 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 esker will be given between three to five minutes to comment 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 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 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 SRO UP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP c c ALLOWING THE INDIVIDUAL TO REPRESENT THEM. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK c .. mlllllllllllllllllliillllllllllllllllllllllillllllllllllllllllllllllilllllilllliillillllillllllillllillillllilllllllillllllllllllm ~tllllllllilllll 1111 lllillllllllllllllilllll 111111 11111 1111111 l ll l l l I II III I l I II I l I III IIIIIIiIII IIIIIIIIIIIIII III I II I II III Illilll~ - - - - - - - - - - -_ - - - AGENDA ITEM NO.~' ~ ~ .~ __ APPE CE REQUEST ARING ORDINANCE CITIZENS COMMENTS _ PUBLIC HE _ = SUBJECT: ~f ~ ~ ,'~ ~ 7-~ _ 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 c FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED __ __ BELOW: __ ^ Each s Baker will be given 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, 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. c ^ 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 GRO U 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 ~ ~ ~ ~ ~ ~_ - - ~ ~ ~ 1~illllllllllllliilllillllllllllllillllllllllllllllllllllllllllllllllllillllllllillillliiiilllilllllllllllllillllllllllliillllllllm ~iiiitiiiiiiii~iiiiiiiiiiiiiii~iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiuiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii~~~~~u _ _ _ .~~ _ AGENDA ITEM NO. ~°• ~ - - - - - - -_ APPE CE REQUEST -_ CE CITIZENS COMMENTS - PUBLIC HEARING ORDINAN - - _ - - _ ~ ~/r.,.. _~~ , ~ ~ , ~zc. ~ - SUBJECT: «~~.~~~-,~- !' ~ - - ~ - - -_ - __ 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 c _. - - BELOW: __ _ ^ Each s esker 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, _ 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. 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. - - EGIBLY AND GIVE TO THE CLERK - PLEASE PRINT L - - - - - - - - - _ - - - fiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiininiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiuiiiiiinmiitil ~IIII~IIIlill111111111111i11 111111 llllilll II II IIII11111111111111111I I I III I I I IIII I I III IIIIIIIIiI IIIIIIIIIII111111111I I111111Illilijll _ _ _ _ _ _ _ _ _ _ - ~ - AGENDA ITEM NO. /~ - _ - _ __ APPE CE REQUEST G ORDINANCE TIZE COMM S c _ PUBLIC HEARIN _ SUB CT: _ 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 s Baker will be given between three to five minutes to comment whethe r 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 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 NT LEGIBLY AND GIVE TO THE CLERK _ PLEASE PRI _ ~ i ~ ~ ~ ~ ~ ~ - _ _ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ NAME ~ ~.. - _ ~ ~ n ~ - / /,~ /~ ADDRESS 1 ~ -~- ~~~Y? -_ __ _ ,,// - PHONE ~'~ ~~ ~ ~f-~ 11~illllllillllllllilllllllllllllilllllllllilllllliililllilllllllllllillllllllllllllllliillllllllllllllllllllllllllillillilillllll~"! ~Ililllillilllllllillllllllllllllllllllllllllllllllllillllllllllllllllillillllllllllllllllllllllllllillllllllillllllllililllllll~ _ _ _ _ _ _ AGENDA ITEM NO. _ ~~> __ APPE CE REQUEST =_ NG ORDINANCE CITIZENS COMMENTS _ PUBLIC HEARI _ r, SUBJECT: i /~~~~ '~=~' ~~;~-~,;~= l !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: __ ^ Each s Baker will be given 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, 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 _ vnth the clerk. __ ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP c c ALLOWING THE INDIVIDUAL TO REPRESENT THEM. c NT LEGIBLY AND GIVE TO THE CLERK _ PLEASE PRI _ mlillil11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111m ~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~jiJ - - - - - - - - - - - - - ~ ~ _ AGENDA ITEM NO. __ APPE CE REQUEST EARING ORDINANCE CITIZENS COMMENTS _ PUBLIC H _ SUB CT: ~ ~~~ ~ JE ~ .~ 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 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 given 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, 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. 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 mlllllllllillllllillllllllillllllllilllllllllllllllllllillllillllllllllllliliilllillllllllllllillllllilllllllllllilllllllllllllllm ~iiii~riu~i~iiiii~iiiiiiiuii~iui~iiiuiiiiiiiiiiiiiiiiiiiuiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii~~~~u _ _ _ _ _ _ _ _ _ - _ - AGENDA ITEM NO. ~ -- 1 _ - _ - -_ APPE CE REQUEST -_ _ - IC HEARING ORDINANCE ~ CITIZENS COMMENTS PUBL - J -_ _ ~ ~, S = SUBJECT: ~ 5C __ 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 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. ^ S esker will be limited to a resentation of their oint of view onl . P P y 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. __ ^ 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 ~, ~- ~~? 2.~ ~, ~~~~ ~ ~ _ a. ~. - ADDRESS ~ ~ ~ --~'~°~~ - 5' ~'` ~~ '`J = __ PHONE ~ ~ ~ '~~ ~ ~ - - m~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~m 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: March 9, 1993 AGENDA ITEM: Ordinance amending and reenacting § 21-202 of the Roanoke County Code authorizing an increase in the Transient Occupancy Tax from 2$ to 5$, allocating proceeds from this increase, and providing for an effective date COUNTY ADMINISTRATOR' S COMMENTS : dl~~~''9ritw~-J' BACKGROUND' By Ordinance 85-120 adopted July 9, 1985, the Roanoke County Board of Supervisors imposed a Transient Occupancy Tax on hotels and travel campgrounds in the amount of two (2~) percent of the total amount of charge for the occupancy of any room or space provided. SUNIlKARY OF INFORMATION: The 1993 session of the Virginia General Assembly adopted House Bill 38 which amended the Roanoke County Charter allowing an increase in the local Transient Occupancy Tax from 2~ to 5$. The revenues derived from this 3~ increase are to be appropriated for tourism and tourism-related services. This legislation was signed and approved by the Governor on February 9, 1993 to be effective from and after July 1, 1993. FISCAL IMPACTS' Finance and Budget estimates that this increase will generate approximately $300,000 per year. STAFF RECOMMENDATION: Staff recommends adoption of the attached ordinance. 1 s-r Respectfully submitted, Paul M. Mahoney County Attorney Action Approved ( ) Denied ( ) Received ( ) Referred to Motion by Vote No Yes Ab Eddy Johnson Kohinke Nickens Minnix 2 s-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 9, 1993 ORDINANCE AMENDING AND REENACTING § 21-202 OF THE ROANOKE COUNTY CODE AUTHORIZING AN INCREASE IN THE TRANSIENT OCCUPANCY TAX FROM 2$ TO 5$, ALLOCATING PROCEEDS FROM THIS INCREASE, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the 1993 session of the Virginia General Assembly adopted House Bill 38 (Chapter 3) which amended the Roanoke County Charter and this legislation was signed and approved by the Governor on February 9, 1993; and WHEREAS, notice of the proposed adoption of the ordinance enacting this legislation was advertised in the "Roanoke Times and World News" on February 23, 1993, and March 2, 1993; and WHEREAS, the first reading and public hearing on the adoption of this ordinance was held on March 9, 1993, and the second reading of this ordinance was held on March 23, 1993. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That § 21-202, Levied; rate, of Article IX, Transient Occupancy Tax of Chapter 21, Taxation of the Roanoke County Code is hereby amended and reenacted as follows: Sec. 21-202. Levied; rate. There is hereby imposed a transient occupancy tax on hotels and travel campgrounds on each and every transient, equivalent to ewe--f~-}- five (5) percent of the total amount of charge for the occupancy of any room or space provided. Said tax constitutes a debt owed by the transient to the county which is extinguished only by payment to the operator or to the county. The transient shall pay the tax to the operator of the hotel or travel campground at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax 1 S-~ shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel or travel campground. 2. That the revenues derived from this three (3$) percent increase in the transient occupancy tax shall be appropriated from time to time by the Board of Supervisors for tourism and tourism- related services, as determined by the Board in its discretion. 3. That this ordinance shall be in full force and effect from and after July 1, 1993. c:\wp5 ] \agenda\rnde\transien•tax 2 S-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 23, 1993 RESOLUTION SETTING THE TAX LEVY ON ALL CLASSES OF PERSONAL PROPERTY SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 1993 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the levy for the twelve-month period beginning January 1, 1993, and ending December 31, 1993, be, and hereby is, set for a tax rate of 3.50 per one hundred dollars of assessed valuation on all taxable, tangible personal property, excluding all those classes of household goods and personal effects as are defined in §§ 58.1-3504 and 58.1-3505 of the 1950 Code of Virginia, as amended, but including the property separately classified by §§ 58.1-3500, 58.1-3501, 58.1-3502, 58.1-3506 in the 1950 Code of Virginia, as amended, of public service corporations based upon the assessed value thereof fixed by the State Corporation Commission and duly certified. 2. That there be, and hereby is, established as a separate class of personal property in Roanoke County those items of personal property set forth in § 58.1-3506 of the 1950 Code of Virginia, as amended, and adopted by Ordinance No. 121592-11, and generally designated as Motor Vehicles for Disabled Veterans 3. That the levy for the twelve-month period beginning January 1, 1993, and ending December 31, 1993, be, and hereby is, set at fifty (50~) percent of the tax rate established in paragraph 1 for the taxable, tangible personal property as herein established as a separate classification for tax purposes and as more fully SI defined by § 58.1-3506 of the 1950 Code of Virginia, as amended, and generally designated as Motor Vehicles for Disabled Veterans. 4. That there be, and hereby is, established as a separate class of personal property in Roanoke County those items of personal property set forth in § 58.1-3507 of the 1950 Code of Virginia, as amended, and generally designated as machinery and tools. 5. That the levy for the twelve-month period beginning January 1, 1993, and ending December 31, 1993, be, and hereby is, set for a tax rate of 3.00 per one hundred dollars of assessed valuation on all taxable, tangible personal property as herein established as a separate classification for tax purposes and as more fully defined by § 58.1-3507 of the 1950 Code of Virginia, as amended, and generally designated as machinery and tools. c:\wp51\agenda\general\taxrate.pp OF EiOANp,`.~ a z Gpi a= C~~~xx~# ~~ ~~x~~a~.~ 1838 P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 COUNTY ADMINISTRATOR ELMER C. HODGE (703) 772-2004 March 9, 1993 BOARD OF SUPERVISORS H. ODELL "FUZZY" MINNIX, CHAIRMAN CAVE SPRING MAGISTERIAL DISTRICT LEE B. EDDY, VICE-CHAIRMAN WINDSOR HILLS MAGISTERIAL DISTRICT BOB L. JOHNSON HOWNS MAGISTERIAL DISTRICT EDWARD G. KOHINKE, SR. CATAWBA MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT (703) 772-2005 Dr. Michael Nevling Colonial Presbyterian Church 3550 Poplar Drive, S. W. Roanoke, VA 24018 Dear Dr. Nevling: On behalf of the Board of Supervisors, 1 would like to thank you for offering the invocation at our meeting on Tuesday, March 9, 1993. We believe it is most important to ask for divine guidance at these meetings and the Board is very grateful for your contribution. Thank you again for sharing your time and your words with us. Sincere ~~~~y H. Odell "Fuzzyu Minnix, Chairman Roanoke County Board of Supervisors ,~ ® Regded Paper OF ROANp~,~ a i ~ ']~j~ Z ~~T1'1Y1'1''~"1'1' t1'~ 1I\_IY~~IY~Q v a~ P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 COUNTY ADMINISTRATOR ELMER C. HODGE (703) 772-2004 March 11, 1993 BOARD OF SUPERVISORS H. ODELL "FUZZY" MINNIX, CHAIRMAN CAVE SPRING MAGISTERIAL DISTRICT LEE B. EDDY, VICE-CHAIRMAN WINDSOR HILLS MAGISTERIAL DISTRICT BOB L. JOHNSON HOWNS MAGISTERIAL DISTRICT EDWARD G. KOHINKE, SR. CATAWBA MAGISTERIAL DISTRIGT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT (703) 772.2005 Ms. Mary F. Parker, Clerk Roanoke City Council 215 Church Avenue, S. W. Roanoke, VA 24011 Dear Mary: Attached is a certified copy of Board Action No. A-3993-5 concerning the claim by the City of Roanoke for unapproved charges for surplus water. This claim was denied by the Board of Supervisors at their meeting on Tuesday, March 9, 1993. If you need further information, please do not hesitate to contact me. Sincerely, Mary H. Allen, CMC Clerk to the Board bjh Attachment cc: Paul M. Mahoney, County Attorney Diane D. Hyatt, Director, Finance Clifford D. Craig, Director, Utility of Supervisors ® Recyded Paper 0~ AOANp,I,~ a ? ~ 1838 P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 COUNTY ADMINISTRATOR BOARD OF SUPERVISORS ELMER C. HODGE March 10 1993 H. ODELL"FUZZY" MINNIX. CHAIRMAN / CAVE SPRING MAGISTERIAL DISTRICT (703) 772-2004 LEE B. EDDY, VICE-CHAIRMAN WINDSOR HILLS MAGISTERIAL DISTRICT B08 L. JOHNSON HOWNS MAGISTERIAL DISTRICT EDWARD G. KOHINKE, SR. CATAWBA MAGISTERIAL DISTRICT HARRY C. NICKENS Ms . Kathy Griffin VINTON MAGISTERIAL DISTRICT 5421 Lakeland Drive, S.W. (cos) ~~2-loos Roanoke, VA 24018 Dear Ms. Griffin: At their regular meeting on Tuesday, March 9, 1993, the Roanoke County Board of Supervisors unanimously approved the request of the Valley Network Business and Professional Women's Club of Roanoke, Virginia, for a raffle permit. The raffle will be conducted on April 29, 1993. 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 dates specified in your application. PLEASE READ YOUR APPLICATION CAREFULLY. YOU HATE AGREED TO COMPLY WITH STATE AND LOCAL REGULATIONS AND FAILURE TO COMPLY MAY RESULT IN CRIMINAL PENALTIES AND REVOKING OF YOUR PERMIT. YOU MUST FILE A FINANCIAL REPORT 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, ~~~~- ~ . Mary H. Allen, CMC Clerk to the Board of Supervisor Enclosures cc: Commissioner of the Revenue Commonwealth Attorney County Treasurer ® R~.ydea Paper OF POANp~-~ a z ~ a ~~~~~ ~~ ~~~~~t.~ 7838 P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 COUNTY ADMINISTRATOR ELMER C. HODGE (703) 772-2004 Ms. Janet Hiler 2038 Surrey Lane Roanoke, VA 24012 Dear Ms. Hiler: March 10, 1993 BOARD OF SUPERVISORS H. ODELL "FUZZY" MINNIX. CHAIRMAN CAVE SPRING MAGISTERIAL DISTRICT LEE B. EDDY, VICE-CHAIRMAN WINDSOR HILLS MAGISTERIAL DISTRICT BOB L. JOHNSON HOLLINS MAGISTERIAL DISTRICT EDWARD G. KOHINKE, SR. CATAWBA MAGISTERIAL OISTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT (703) 772-2005 At their regular meeting on Tuesday, March 9, 1993, the Roanoke County Board of Supervisors unanimously approved the request of the William Byrd High School Cheerleaders Booster Club for a 50/50 raffle permit for home athletic events during calendar year 1993. Schedules showing the dates of the raffles are attached to 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 dates 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, Mary H. Allen, CMC Clerk to the Board of Supervisor ~-nti, a, .. 1~d . Gl~-.ear Enclosures cc: Commissioner of the Revenue Commonwealth Attorney County Treasurer ® Recyded Paper O~ ~OANp,I.~ ti ~ p z ~ a~ 1838 C~~~x~~~ ~~ ~.~~x~~.~~ P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 COUNTY ADMINISTRATOR ELMER C. HODGE (703) 772-2004 March 11, 1993 BOARD OF SUPERVISORS H. ODELL "FUZZY" MINNIX. CHAIRMAN CAVE SPRING MAGISTERIAL DISTRICT LEE B. EDDY, VICE-CHAIRMAN WINDSOR HILLS MAGISTERIAL DISTRICT BOB L. JOHNSON HOWNS MAGISTERIAL DISTRICT EDWARD G. KOHINKE, SR. CATAWBA MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT (703) 772-2005 Mr. William B. Hopkins, Jr. Martin, Hopkins and Lemon, P. C. P. O. Box 13366 Roanoke, VA 24033 Dear Mr. Hopkins: Attached is a certified copy of Resolution No. 3993-6 pursuant to Section 15.1-238 (E) of the Code of Virginia, 1950, as amended, authorizing the acquisition of an easement through separate parcels of land owned by G. H. Board and George D. Peoples and Deborah S. People and acquisition of a certain parcel of land in fee simple from Michael J. Gordon for the water transmission line project. This resolution was adopted by the Board of Supervisors at their meeting on Tuesday, March 9, 1993. If you need further information, please do not hesitate to contact me. Sincerely, ~ ~ J Mary H. Allen, CMC Clerk to the Board of Supervisors bjh Attachment cc: Paul M. Mahoney, County Attorney John D. Willey, Director, Real Estate Assessment Clifford D. Craig, Director, Utility l' ®Regded Paper r a~ ROANp,I.~ a z ~ s a ~~~~~ ~~ ~~~~~.~ 1 38 P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 COU NTY ADM I N I STRATOR ELMER C. HODGE (703) 772-2004 March 11, 1993 BOARD OF SUPERVISORS H. ODELL "FUZZY" MINNIX. CHAIRMAN CAVE SPRING MAGISTERIAL DISTRICT LEE B. EDDY, VICE-CHAIRMAN WINDSOR HILLS MAGISTERIAL DISTRICT BOB L. JOHNSON HOLLINS MAGISTERIAL DISTRICT EDWARD G. KOHINKE, SR. CATAWBA MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT (703) 772-2005 Ms. Rita J. Gliniecki, Chairman MHSRV Board of Directors 301 Elm Avenue, S.W. Roanoke, VA 24016-4026 Dear Ms. Gliniecki: Attached is a copy of Board Action No. 3993-13.d concerning the request from the Mental Health Services of the Roanoke Valley for approval of revisions to their bylaws. This action was approved by the Board of Supervisors at their meeting on Tuesday, March 9, 1993. If you need further information, please do not hesitate to contact me. Sincerely, Mary H. Allen, Clerk Roanoke County Board of Supervisors bjh Attachment ® R~yaed P~ OF ROANp~.~ ti ~ p z c> a? C~~~xxY~ ~~ ~~xx~~ ~e 1838 P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 COUNTY ADMINISTRATOR ELMER C. HODGE (703) 772-2004 March 11, 1993 BOARD OF SUPERVISORS H. ODELL "FUZZY" MINNIX. CHAIRMAN CAVE SPRING MAGISTERIAL DISTRICT LEE B. EDDY, VICE-CHAIRMAN WINDSOR HILLS MAGISTERIAL DISTRICT BOB L. JOHNSON HOLLINS MAGISTERIAL DISTRICT EDWARD G. KOHINKE. SR. CATAWBA MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT (703) 772-2005 The Honorable Charles S. Robb, U. S. Senate The Honorable John Warner, U. S. Senate The Honorable Robert W. Goodlatte, U. S. Representative The Honorable Rick Boucher, U. S. Representative Dear Senator Robb, Senator Warner, Congressman Goodlatte and Congressman Boucher: Attached is a copy of Resolution No. 3993-13.a supporting the continuation of the Federal Community Services Block Grant Program. This resolution was adopted by the Board of Supervisors at their meeting on Tuesday, March 9, 1993. If you need further information, please do not hesitate to contact me. Sincerely, ~~ Mary H. Allen, Clerk Roanoke County Board of Supervisors bjh Attachment cc: Dr. Betty McCrary, Director, Social Services Elizabeth Stokes, County Appointee, TAP Board of Directors Theodore J. Edlich, Executive Director, TAP r ®Regded Paper OF p,OANp~~ ti ~ p z O a2 C~~~xxY~ ~~ ~~x~~ ~e 1838 P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 COUNTY ADMINISTRATOR ELMER C. HODGE (703) 772-2004 \ January 22, 1993 BOARD OF SUPERVISORS H. ODELL `FUZZY` MINNIX, CHAIRMAN CAVE SPRING MAGISTERIAL DISTRICT LEE B. EDDY, VICE-CHAIRMAN WINDSOR HILLS MAGISTERIAL DISTRICT BOB L. JOHNSON FiOWNS MAGISTERIAL DISTRICT EDWARD G. KOHINKE. SR. CATAWBA MAGISTERIAL DISTRICT HARRY C. NICKENS YINTON MAGISTERIAL DISTRICT (703) 772-2005 Dr. Michael Nevling Colonial Presbyterian Church _,' 3550 Poplar Drive, S. W. ~'~ ~7''-~~--f Roanoke , VA 2 4 018 ~~ ~ ~ ~ r~ Dear Dr. Nevling: On behalf of the Roanoke County Board of Supervisors, I would like to thank you for giving the invocation at the Board Meetings in the past. We would again like to call on you to present the invocation on Tuesday, March 9, 1993, at 3:00 p.m. For your information, I am attaching a list of the board meeting dates for 1993. These meetings are held the second and fourth Tuesdays of the month and the invocation is always given at 3 p.m. If the date requested above is not convenient, please call me at 772-2005. I will be calling you soon to see if this time is acceptable to you or if you would prefer another date. The Board members are aware of how busy your schedule is, and they appreciate your volunteering your time to offer God's blessing at their meetings. Sincerely, ~' Brenda J. Holton, Deputy Clerk Roanoke County Board of Supervisors `` ~~ , L ~~ ~~ ~ ®R~yded P>+ve- County of Roanoke Revised Budget Calendar FY 1993-94 2/9/92 November 17, 1992 Budget work session with the Board of Supervisors. December 1, 1992 - Preparation of budget packets December 31, 1992 for distribution to all Department Directors and Constitutional Officers. January 4, 1993 - Update revenue estimates and January 22, 1993 prepare target allocations. January 25, 1993 Budget Kick-Off Meeting with Gang of 40. Distribute target allocations. January 25, 1993 Teams develop FY 1993-94 February 16, 1993 budgets, 5~ Contingency Reduction List and Addback List. February 9, 1993 Budget work session with the Board of Supervisors to review revenue estimates. February 16, 1993 Budgets due back to Department of Management and Budget. February 16, 1993 - Review of departmental budgets March 1, 1993 and preparation of budget summary documentation for County Administrator's review. Input of budget data into BPREP. February 23, 1993 Budget work session with the Board of Supervisors. March 1, 1993 Team presentation of budgets to March 19, 1993 County Administrator and Gang of 40. County Administrator finalizes County budget for presentation to the Board of Supervisors. March 9, 1993 Public hearing to allow citizen (Evening Session) discussion on real estate, personal property and machinery and tools tax rates. March 23, 1993 Joint budget work session with the Board of Supervisors and School Board. Presentation of County and School budgets. Adoption of real estate, personal property, machinery and tools tax rates. April 6, 1993 Budget work session with the (Special Meeting) Board of Supervisors. April 13, 1993 Budget work session with the (Evening Session) Board of Supervisors. Public hearing to allow citizen discussion on the overall budget. April 27, 1993 Budget work session with the Board of Supervisors. Adoption of FY 1993-94 budget for both County and Schools. May 11, 1993 First reading of the Budget Appropriation Ordinance. May 25, 1993 Second reading and adoption of Budget Appropriation Ordinance. V PUBLIC NOTICE Please be advised that the Board of Supervisors of Roanoke County, at its meeting on the 9th day of March, 1993 at the Roanoke County Administration Center in Roanoke, Virginia, at 7:00 p.m. or as soon thereafter as the matter may be heard, will hold a public hearing on the following matter, to-wit: TO SET A REAL ESTATE TAX RATE OF NOT MORE THAN $1.13 PER $100 ASSESSED VALUATION IN ROANOKE COUNTY. TO SET A PERSONAL PROPERTY TAX RATE OF NOT MORE THAN $3.50 PER $100 ASSESSED VALUATION IN ROANOKE COUNTY. TO SET A MACHINERY AND TOOLS TAX RATE OF NOT MORE THAN $3.00 PER $100 ASSESSED VALUATION IN ROANOKE COUNTY. Mary H. Allen Clerk to the Board of Supervisors Publish on the following dates: February 23, 1993 March 2, 1993 V _ _ PUBLIC NOTICE Please be advised that the Board of Supervisors of Roanoke County, Virginia, at its meeting on Tuesday, March 9, 1993, 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 AND REENACTING SECTION 21-202 OF THE ROANOKE COUNTY CODE AUTHORIZING AN INCREASE IN THE TRANSIENT OCCUPANCY TAX FROM 2~ TO 5~, ALLOCATING PROCEEDS FROM THIS INCREASE, AND PROVIDING FOR AN EFFECTIVE DATE All members of the public interested in the matter set forth above may appear and be heard at the time and place aforesaid. r Paul M. Mahoney County Attorney Roanoke County, Virg Publish on the following dates: February 23, 1993 March 2, 1993 Send invoice to: Board of Supervisors P. O. Box 29800 Roanoke, VA 24018-0798 ATTENTION: MRS. MARY ALLEN February 19, 1993 H. Odell "Fuzzy" Minnix, Chairman Roanoke County Board of Supervisors P. 0. Box 298P1~ Roanoke, VA 2418-4!798 Dear Mr. Minnix: At its regular meeting on February 4, 1993, the Board of Directors of Mental Health Services of the Roanoke Valley passed the enclosed revisions to ~v our Bylaws, which are being sent to you for your ratification. These revisions are primarily to change the name of the agency to reflect the variety of disability populations we serve within c~,~,,..,~~; r~~;a~.c~;~;~~~:; our five member jurisdictions and to incorporate ,~ ~; . ,,~„ the phrase "Community Services" which is shared by 1CZ ,,;, , o <,~e~~,U,~ 35 out of 40 similar organizations throughout the ~.E~«~~, Commonwealth. In addition, these revisions bring ~°"~'^' H~aS~~';.`'i. our Bylaws into compliance with the current s."``;"' standards set by the Department of Mental Health, Mental Retardation and Susbtance Abuse Services and L,,"" ,`~,,,,,., F,~~ap.R.~:s~~.~r..ph.~. reflect the current operating practices of the Board. Additions to the currently approved Bylaws are underscored and deletions have been lined through. Our Board recommends ratification of the changes in our Bylaws as required by regulations promulgated under Title 37.1, Chapter 141 of the Code of Virginia, and requests that they be placed on your agenda for consideration at your next scheduled meeting. If you have any questions about the changes or need additional information, please contact Dr. Fred P. Roessel, Jr., our Executive Director. Thank you for your continued support of our efforts to serve the residents of the Valley. Sincerely, .-- ~ila ~ . 11.~,I.nlQ.ck.1 Rita J. Gliniecki, Chairman MHSRV Board of Directors C: Elmer C. Hodge Board of Supervisors MENTAL HEALTH SERVICES OF THE ROANOKE VALLEY -Executive Offices 301 Elm Avenue, S\i'. Roanoke, Virginia 24016-4026 - (703) 345-9841 FAX (703) 342-3855 Sen~ing the Cities of Roanoke and Salem, and the Counties of BotetouT-t, Craig and Roanoke ~ ~ ~r~ . - ~.. ~ ;-, ~'' _. Mr. Fd Kohinke Beard of Supervisors P.O. Box ?.9800 Rcar.oke, v.rgina 24018-Q798 February 17, 1993 Lic=az 'Sr. KolzinkP, This is to inform you ~ am resi~~ning triy position 4s Catawba r~Paresent~tive ran the Library Board of Trustees, effective immediately. sinr_orely, `i` ~~~~ ~ ~~~ . Dorothy cr-~ i f f Lett X789 Vintage Lane Salem, ~'i rgnia 2~1; ~, !,. ;1, ~_ ~ ~ ~~ :, ,~' >" / ~~ :~ f ,.' ~ ~ ~. i Tt_i',~ MARCH 9. 1993 ~' Enforcement Options of SSE/R Program 2nd reading ~ Rke Valley Soccer Lease - Vacation of Loman Drive ~ Conveyance of property to Lingerfelt ~ Financing of County Facilities ~ Condemnation Proceedings-Peoples, Gordon ~ Reso- Ola Myers Retirement Approval of MHSRV Bylaws Provisions Reso of Support TAP Federal Grants ~ Presentation from Clean Valley Council ~ Reso authorizing move of Treasurer, Comm. Revenue ~ Work Session - Alternative Sewage Treatment Systems ~ Report - CHIP Program Public Hearings - tax rates Number: 228200 Posted: 02/25/93 11:08 Type: Regular Message Received: 02/25/93 11:14 Subject: Legal notice From: DHJ - Diane Jernigan To: MHA - Mary Allen Mary, please do a notice for me on the following agenda item for the March 9, 1993 Board Meeting. Agenda Item: Approval to vacate 5.1 feet by 1.5 feet on the southwest side of the 25 foot sanitary sewer drainage easement on Lot 9, Section 7 of The Orchards Subdivision and recorded in plat book 1379, page 0104, located in the Hollins Magisterial District. Please Bill: ~ ~ ~' A _ Mr. Tom Trice ~ 'may Fralin & Waldron, Inc. o 2917 Penn Forest Boulevard Roanoke, VA 24018 Call me when this is ready and I will pick up. Thanks. Diane C, :~~ v ~~~~~~~ J ,~,~ ~?~' ~~~ ~ ~4 ~ ~~ ACTION NO. _~ 1 ITEM NO. N - Z AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 8, 1992 AGENDA ITEM: Work Session on Alternative Discharge Sewage Treat- ment Systems for Single Family Dwellings COUN~TyY ADMINISTRATOR'S COMMENTS: BACKGROUND: In 1988 the County Planning Commission, at the request of the Board, reviewed the various issues surrounding the use of Alternative Discharge Treatment Systems for Single Family Dwellings in Roanoke County. Based on their study, the Commission recommend- ed that an Ordinance be developed to allow alternative systems on a hardship basis only as a replacement system for failed septic systems on improved lots which constitute a risk to public health. On August 23, 1988, the Board considered this recommendation and decided to continue the County's prohibition, as prescribed by the County Code and Ordinances, for all such alternative systems. This decision was based on concerns over the maintenance and monitoring of these systems, the implications to managing growth and develop- ment in the County, the potential responsibility assumed by the County to provide public sewer to failed discharge systems, and, as a replacement system, concerns with legal equity between existing residences and new construction. further reading and reference. Attached to this report is an updated summary of the status of these systems and the changes in the regulations and permitting procedures of the Virginia Water Control Board and the Health Departments. Also, staff has placed additional technical informa- tion and research reports on these systems in a notebook for • M E M O RAN D U M To: Mr. Edward G. Kohinke, Sr. From: Elmer C. Hodge 5~~,.~ ~~ ~"~ Date: January 7, 1993 Subject: Alternative sewage treatment systems ordinance I must apologize for the apparent misunderstanding that the staff and I have caused. After receiving your second memo, I read the agenda item and Board minutes for September 8. Having read that material, I can see why you would assume that we would bring forth a completed ordinance in January. It was our intention to begin the process in January because of the workload with the zoning ordinance, but we really did not make that clear in the work session. The confusion is ours and we are going to expedite this with the Planning Commission and get it to you as quickly as possible, but no later than March. ECH/meh cc - Members, Board of Supervisors Mr. Paul M. Mahoney Mrs. Mary H. Allen Mr. Terrance L. Harrington Mr. Clifford D. Craig 3/ ~ e ~- . M E M O RAN D U M To: Mr. Edward G. Kohin ~ , Sr. From: Elmer C. Hodge Date: January 6, 1993 Subject: Alternative sewage treatment systems ordinance In response to your recent memo about preparation of an ordinance allowing alternative sewage treatment systems, you may recall that at the September 8, 1992, Board meeting there was a work session on these systems. At that time, the Supervisors indicated support for permitting their use as replacements for failed septic tanks when there are no alternatives. The Board also agreed to allow staff to wait until January to begin developing such an ordinance, after adoption of the zoning ordinance. The staff will begin work now. A draft will likely go to the Planning Commission in February and be brought to the Board in March. If one of your constituents has a special problem, please see if he can hold on until that time. If not, please let me know and I will see what I can do. ECH/meh cc - Members, Board of Supervisors Mr. Paul M. Mahoney Mrs. Mary H. Allen Mr. Terrance L. Harrington Mr. Clifford D. Craig J ~ rti ~ ,.. e4 POAN ,~. F G ti p Z °v a 7838 C~~ixz~#~ ~~ ~K.o~x~~~~ FAR TRANSMITTAL FAX NUMBER: (703) 772-2089 DATE: February 2, 1993 TO: Lu Jean Bedard COMPANY: Total Action Against Poverty FAX NUMBER: 345-4461 NO. OF PAGES TO FOLLOW: 0 ,~ff~~~ FROM: MARY H. ALLEN CLERK TO THE BOARD OF SUPERVISORS ROANOKE COUNTY BOARD OF SUPERVISORS # TO CALL IF TRANSMITTAL IS INCOMPLETE: 772-2003 SPECIAL INSTRUCTIONS OR MESSAGE: I have tried to contact you by phone several times. On January 22, you talked with our Deputy Clerk and left some information for a resolution of support for the continuation of the Community Service Block Grant for TAP. Yon said at that time that you would send more information. This item is scheduled for our February 9 Board of Supervisors meeting. Please send me some information onwhat the Community Service Block Grant provides for TAP and any other pertinent info so that we may prepare a resolution and report. You CAN either faz (772-2089) the information or drop it by the office. If possible, I need by tomorrow, Wednesday Feb. 3. Thanks for your assistance . ® Recycled Paper 'pG~ ME5 t at AN A.M. Pl ,~ ~ P.M ~ - ME ,R ~Q ,a ~~ ,~ ~~ ~1/ ~ ~~~ SATE ~~.C _},,_ ._ M i, `~ 4-.. ~ Ex,TEN510N . r ~ ~ OF ; ( ~ ' NUMgEP '~ Pr-{ONE APEA °oDE ;,f PL~SE Gp~G 1N ~ pGA tE~EPHGNEp CQ~ W1~~- H CAMEjGSEEyGU U RUS BENZ\ON C~AtA o *r'~r ~ N~STGSEEYO A gPE W R Cpll URNEOYGU REZ ~ ~ r ? r ~ x .. MESSAGE l ` ~ J r~ ~ r f _. ~ 1 e~C ~~ `~ , .: `; \ f, , - , n ~ _. _ ~, C: ~ r.,a:r;~`...J e us ~~,~~~ ~ PpRM 30p25 .~ppS r NOt!, p9 'Q2 1~~?3 RSIBRAND~7~3*38961~~© /~ Recovery Systems Inc. 957 Kime Lane P, 0. Box x29 Sa~em, Vlrgin~a 24153 1703) 3873x02 November 6, 1992 Mr: David Bradley National Community Act ion F'oundat ion 2100 M St ., NW - Suite 604 Washington, DC 20037 Dear David: P.~ Chuck Robb called me back today, as you suggested. He said he did not think he would have any additional input in the "Mandate for Change" from the DLG, but he would take every opportunity he had to protect the Community Service Block Grant. Chuck suggested I write Will Marshall at the Progressive Policy Institute, which I have done, copy of which is enclosed. I told Chuck about the budget process and that the Clinton budget had to pick a part and add to the Sush budget. He said that was right, and he again would do what he could. Perhaps you could follow up with hirn and I will maintain the cant act from my~end. I am also enclosing the registration for the Dallas hearing, which I will attend. Ted Edlich will be in Philadelphia. Please fax me what you would like my role to be, my participation so ? have it on Friday, November 13, as Z will be leaving for Dallas early morning, November 16. 1 go to 3ecmuda November 9 and am back November 12. I would Zike to have whatever instructions you want to send me by November 13. Be t regards, Cabell Brand President ECB/nw Enclosures p. S. enclosed , s the correspondanca '~lith Swan 5erresford. think the ForC Foundation, ^etwcrkinq ~s critical'_y • NO~~ D9 ' 98 1~ ~ 2~1 FSIBP,ANL~-~783%~38961888 Recovery systems inc. 957 K(me lane P. 0. Box 429 Salem, v(r~irna 24 ~53 (7031 337.3402 November 6, 1992 Mr. ,Will Marshall Progressive Folicy Institute 31b,Fenn. Ave., SE - Suite 555 Washington, DC 20003 P.3 Rear Mr. Marshall Senator Chuck Robb suggested I write you immediately and tell you briefly the concern of the successful existing Community Action Frograms 1n the United States, which should be protected in President-Elect Cliriton's Social. Agenda, in his revision. of President Bush's budget and in the DLC Mandate for Change. xhe critical issue is to protect the Community Service Block Grant, which is the thread that keeps the 960 existing Community Action Agencies alive. z am a businessman in Roanoke, Virginia, helped found the poverty program with Sargent Shriven, and am President of the local Community Action Agency -- TP.P, Eon--the past 22 years. 1 am enclosing more materials than you want to read, including a book that just came out with a chapter on me {beginning of page 229), a TAP annual report, a Harvard Business Review article and more important an op-ed article Z wrote on the importance of a modest investment in the Commu- nity Action Program with a note of endorsement from President Jimmy Carter. In addtion to reading this letter, please read the vg-ed article and glance at the other materials when you have a chance. T stand ready to be of whatever help Y can in the new Clinton Administration. Al Gore has been a personal friend for years. Z am also enclosing a copy of our Center brochure, which I established at Roanoke College when I sold my basic business six years ago. Further, I am Chairman of the State Board of Health in Virginia. '~e have received almost S3 ,000,000 f_om the Kellogg _oundation to fund a Comprehensve Health Snvest:nant ?rogram (Cc:Ir) for low zrcome children from agar :.era `.o s=~, up to I50°s of poverty. This ~s a model of preventive child healt:~ care ^e=='~z=Y Eor the United States. We would 'Hope sor~eone :.n your InstzLUte or rro^ .he Clinton Transition Team •aould visit Roar,cke, look at C:-iIP, ?ook at Tr? Lzd see the success oz _hese ~acal crograms as to how they 'tiCjh~.. f1t the :.aL:cr.a'~ agenda. (~ /~ l/ r::De 11 6 rand EC$/nw Enclosures ,,•~ NOV l79 "?~ 1~~2~ RSIBRA~ID~~~~~~~~Q61~~~ Recovery Systems Inc. g57 Klme lade p, p. Sox 429 Salem, Virginia 2153 17031 387.3402 November 6, 1992 ~Mr. Mark R. Warner X201 N. Union St. - Suite 300 Alexandria, VA 22314-2642 P.4 Dear~Mark: You asked me tv send you a copy of the book that came out a ;couple weeks ago with the chapter on me, which is enclosed.. Hope you envoy it. Gould you help us~at TAP and CHIP get someone from the .Clinton Transition Team to visit us in Roanoke and look at these two local programs? All 960 Community Action Agencies in-the United States are holding by a thread to the Commu- nity Service Block Grant. We understand Bi11 Clinton is 'trying to coo~h~~aBZocklGrantsfallgbetweenrtheacracks,we .must not let I think they would also like tj.ldshealth care initiatives. consider in their plan for ch Can you help? Who should Z write or call? Shirley and I are going to Bermuda next week. But, I will be in the office on November 13. ,_We are planning on being with you the night of December 16 if that st 111 suits . $e Bards, ~.abell Grand 2resident ECB/nw Enclosure N01•' 09 ' 9? i~ ~ 25 P.SIBRAND-+~709~99961939 Recovery Systems inc. • 457 k+me lane P. 0. BOx 429 ~ Salem, Virginia 24153 (703)387.3402 Vice President-Elect Albert Gore, Jr. Route 2 Carthage, TN 37030 s '• Dear A1: P.~ November 6, 1992 Congratulations! Shirley and I are so happy we had a small part in this .marvelous victory. Enclosed is an op-ed article I wrote a few months ago for the Roanoke paper on the importance of Community Action. please don't let the Community Service Block grant, which is the thread that keeps the 960 Community Action Agencies in place in the united States, fall between the cracks. _l _ Clearly there must be a new social agenda, a coordination of programs, but lets remember to keep in place the important local public-private partnerships that are working. Lets build on them and not forget them. If you can help us .get someone from the Transition Team to -Took at TAP. locally,. as well as our child health care initiative,. which we have received 54,000,000 from the. ~{ellogg Foundation as a national model to implement, we would be happy to host anyone anytime, particularly you and Tipper. Enclosed is a new book, .and Tipper would envoy. dust out, which we also Chought you B t regards, ^abell 3rand ~r?sident ECBlnw Enclosure - NOV D9 ''~~ 1~~c6 P.SIBRAND~~03-k389610~C:] ~• R8COV8Cy Sy5t2tfl5 It1G. 957 Kime lane P. 0. Sox :29 53,~m, Vircinio ~a~53 i703~ 387.3aC? November 6, 1992 P~'esident Jimmy Carter P'. 0. Hox 350 1~~.ains, GA 31780 Dear President Carter: F.h There is one more thing you might do to help protect the 960 Community Action Agencies in the United States in President-•Hlect C inton's Social Agenda. If you would write a note to Bill Clinton and to ~~lill Marshall of the Progressive Policy Institute asking them to read the op-ed article, two eXtra copies of which are enclosed, it might help in this process. I; think it is e8sy in trying to consolidate social programs for the new administration to overlook the vital importance of the Community Service 91ock Grant, which is the thread that is keeping the Community Action ~genciES alive. Shirley and I hope to come to Atlanta aometime after the first oz the year, and we hope you will be available to spend a minute with us . George Mitchell in Houston called «nd is trying to convince ?rank Press, as he retires this year, to take cn the Global Commons pro~ec~, we may set up a meeting with you on this as well. Thanks for your help and keep up the good ward. se regards, Ca 1 Brand ?resident ~C9/nw Enclosures P. S. I am anclosing a book that came out last week, which ..._,. -.. - -----• ~.a,~+~;~ ,.~,~ r;,ing or. ?:aqe 2~9 _,. 1966-s~£ 1£OL) xe3 I8L9-s~£ (£OLI e~~8982-IOO~Z 8982 xo n a~1°ueo 8 aog10 lsod saarubld7uaarrq'ola _ A.tEpag ~ ~~O1d.roruas Z %,r a ~~i.~ 1• ,J[;~ l ~'`~7~ ~daceHon Employme~n; }#eaEtL Houstng alitd Homelessness Ne4p~borhooda lreonomlc Deveaopment Ct'ime Freven6ion G2be11 Brand Prr~elderti Geoh3ia Meadows Vlce Presldsnt Elizabeth Bowl SCCrstary 'Theodore J. I<dlich, iil ~x~:'GGve Dlrgrt4r john Berry ~ Sarah )3p5;iG i Paul.Ute Brower E1,more Dennis T>?d Feinoux ~ John FSShwick i Leanne GoddarQ i Charles T. Green hlarllyzl Greens ~ Galvttt Johnson .q. ~,. Jordan ~ Ni, ' a Larson G' ~ ~ u le LORD Dorothy :.4endenhali Rosa M11Isr Mer^?dltkt ~, :~Illls Paul Moyer Lewis Nelson Sally Ramey James E. Reynottl5 Leonard Rose, Jr. Paul St. Clair Linda Scruggs '.'~ ullam Skeer e~:.. ~"!, Stn! ' , :Taylor tlorine Thornhi.U IN Q. Ward George Warren Nancy W4'llams ~ j ; i .'~til'V~ %''h ~ACSIl~ILE TRANSMXTTAL COVER SH~L7 TO: F1~OM PATE: ~i ~-~ ~ --~ FAX: (y03) 395-4461 TOTAL PAGES ~NCLtlOING COVER Sf{EET: _- -- ZF YO[( ~Q NOT RECEIVER THE TOTAL Nt1M8FR DF PAGES, PLEASE CALL 17031 345-6y~1. ~_ ~p NOTES : ~~ r ~ ~/~~( /u~- ~? ' ; - ---- -- ~ ~- - --- ~ ~ y'~'' -~ - - __~ ~~~~ 0 -- lxiKM way CQMMUNITY SERVICES BLACK GRANT The iomrr~unity Services Block Grant {CSBG) comes from he Department of Heal;n anti i-~uma.n Services {HHS), Office of Community Services (OCS). In Virginia it rs administered by the Virginia Department of Social Services. Applications for fun~3irwa are made #. •F;.., ,~ :;? f ~ : -~~.: ~ ;~,"; a~y1 :~cJ.,,rYt~;rt't, action :a~7C',r~C'PS. ~SB~ furld$ 2lre US~Q tU dllctt,.n tic ~~v. ~,,..;~:; _,~ ,;mot>. ;'.r,s:r-..~,~;1 t .t.'i'' ~" 2B5 Wlti?ir1 the community. The means for accornptist';ingvthis goo! often includes a wsde variety c?t anti-poverty pr~grar.s, s~tvl; as thc~e `;sure within cor;?mur?ty actit?n a~ences iC:AAsj The progra;rs a.re a;~--,eti at ¢he pt~,^r ~^~ near-pocJr. For TAP, G~e~G t:orstdutes :he co'e a ~,,,:a whic" ~,~ u_ :~ ievg<<3ge ,:~.<_id'ic-ra! funding for educatior,r!~ rmployment, ;.~,sng, rlutritit~r~ .~r, '~ther f~rogr~rr.~ ir; ,~~`11 alone ~~.~ Mil11~711 ;r' fulisi.~y ;;c:T ~ ice' .4,~ ~ r~r~rir'~"nt CJf `{~Ci3~ ~+?rYICFS illo~vet~ Tf~,P F:_, ,z. ~ ~~ 1ey $1 ~ MIl';or i ~:.;w-ir~,.ome t!': !el'era^yf3 and ~r}i ~~ t! .. !G :. _. ,w ~, : u;' ~ _ ~_ reSldent5. ` FOf{owing is a char; of Servi~~e.~.:. estimated Number of f'ersor:r ~- ~-;.-" "amber of Households impacted and :~n un,~~cur~~ nC pFRfirr]NS F~~~-~~-1~~.~ 1^• 1-~ FF'U~'1 THF' ~~ ~~1b1 Adult Basic Education and support services Literacy Instruction itar-school activities for youth Emp~Yr~f~f1I Occupation-specific training to Unemployed and underemployed far clerical/computer careers Re-employment and job placement assistance for youth N ri io Supplemental food to needy #amiiies TOTAL 1M1'ACT TO ~ r ~~GZ1,==~'~ F' . ~=i 156 156 68 68 24 24 20 20 120 120 7,000 21,Q00 8,484 22,904 G ~L L: a Z COUNTY ADMINISTRATOR ELMER C. HODGE (703) 772-2004 TO: ~~~~# ~~ ~a~xxY~r.~ P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 MEMORANDUM K163-92 BOARD OF SUPERVISORS LEE B. EDDY, CHAIRMAN WINOene .,... - - 1GISTERIAL DISTRICT .. VICE-CHAIRMAN R.ISTERIAL DISTRICT BOB L. JOHNSON GISTERIAL DISTRICT L'FUZZY MINNIX L„() / ~ / C~' / / ~RRYRC. NIC ENS FROM: ~ ~ (~j{-~ e- c /e- ~ ~'' ~ IISTERIAL Ofsl'RICT /' 703) 772-2005 DATE: 7?'~ ~ ~ SUBJECT ~ i ~= /~ z . S~ ~ fie- s v .Z . Ga- for TAP GY ~~ -~ r Go P `7 My apologia ~ ~/~ ap ~' /!~ I generally si __...., .,~rv~Ce 131ock Grant program, but would like to know more aoout it as it applies to our area. Additiona lest effect may be a Ipropriate people. S ~ ~ mlattersos w ~ ~~ 5~~ ~~ t"d '!rvices in I re_mE leetin in Ja- n CC: Eliza 542' Roa Jim n~y~~vias 5139 Cherokee Hllls Drive Salem, VA 24153 Members of the Board of Supervisors Elmer C. Hodge,County Administrator ® Recycled Paper MEMO - 12/4/92 To: Supervisors From: Lee B. Eddy Subject: Federal Funding for TAP, Etc. Elizabeth Stokes has written me a note asking if the Board members will write letters to key individuals to suport continuing/enhanced funding for the Community Service Block Grants under the administration of President-Elect Bill Clinton. I will place her note and the accompanying letters from Cabell Brand in the Supervisors' office for your inspection. Please let me know if you want me or Elmer Hodge to write some letters on behalf of the Board, or if you would like to do it as individuals. copy: Elmer Hodge Mrs. Elizabeth Stokes, 5421 Sweetfern Drive NW, Roanoke 24019 ~~ : ~~ (d~ ~~ .. ~ a,(,~.~ Clean Valley Coun~;il January 26, 1993 The Honorable H. Odell Roanoke County Board of P. O. Box 29800 Roanoke, VA 24018 Dear Mr. Minnix: "Fuzzy" Minnix, Chairman Supervisors Our Board of Directors would like to request a small amount of time during an upcoming Roanoke County Board of Supervisors meeting to present a brief. overview of the purpose and programs of the Clean Valley Council. Since the composition of the Board of Supervisors has changed somewhat, and since we no longer make a presentation to the Board in conjunction with the application for State grant monies, we felt it would be appropriate to update the Supervisors on our progress during the past few yearsa The presentation would be in the form of a slide presentation and should not exceed 10 minutes. We would like to request time on your March 9 afternoon meeting if possible, with the afternoon of March 23 as an alternative. One of our officers and I would make the presentation. We would also like to request at that (or some other) meeting for the Board to formally declare Saturday, April 3, as Clean Valley Day. Our yearly clean-up project will once again feature volunteer groups working to remove litter and debris from sites all over the Roanoke Valley, and the Board's formal endorsement will accentuate the significance of this cooperative effort. Please. let me know if you have any questions or if you need additional information in order to address our requests. I look forward to hearing from you regarding this matter. Sincerely yours, ~~~ C~t.C.l~.t.v`._.J Ellen Aiken Executive Director ® P.O Box 3320 • Roanoke Valley, Virginia 24015-1320 • Phone (703) 345-5523 100X RerycNd Paper