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HomeMy WebLinkAbout3/23/1993 - Regular0~ ROAN ~.~ ham' ~ Z ~ '9 O 2 a 1838 C~aix~#g .af ~.a~x~~~e ROANOKE COUNTY BOARD OF SUPERVISORS ACTION AGENDA MARCH 23, 1993 ~ancr cr nff scut xmr~ Welcome to the Roanoke County Board of Supervisors meeting. Regular meetings are held on the second Tuesday and the fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m on the fourth Tuesday of each month. Deviations from this schedule will be announced. A. OPENING CEREMONIES (3:00 P.M.) 1. Roll Call. ALL PRESENT AT 3:05 P.M. 2. Invocation: Rev. Branan G. Thompson Colonial Avenue Baptist Church 3. Pledge of Allegiance to the United States Flag. B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS FM ADDED ITEM E.S: REQUEST FOR AUTHORIZATION TO ISSUE THE 1992 GENERAL OBLIGATION BONDS AND TO REFINANCE CERTAIN PREVIOUS ISSUES OF GENERAL OBLIGATION PUBLIC IMPROVEMENT AND REFUNDING BONDS ® Recycled Paper FM ADDED ITEM TO EXECUTIVE SESSION: (31 TO DISCUSS THE ACQUISITION OF REAL PROPERTY FOR PUBLIC UTILITY PURPOSES, WATER TRANSMISSION LINE. C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS ECH RECOGNIZED CHIEF T. C. FUQUA, DEPUTY DIRECTOR OF EMER SERVICES AND CHIEF LARRY LOGAN COORDINATOR OF EMER SERVICES. FOR THEIR DEDICATION AND ASSISTANCE DURING THE RECENT WINTER STORM. THANKED ALL COUNTY DEPARTMENTS AND VOLUNTEERS FOR THEIR EFFORTS. HCN REQUESTED THAT CHAIRMAN SEND LETTER TO VOLUNTEER AND CAREER PERSONNEL THANKING THEM ON BEHALF OF CITIZENS AND BOARD. D. BRIEFINGS 1. Presentation by Leadership Roanoke Valley Economic Development Committee. (Keith T. Austin, from Leadership Roanoke Valley) MR. AUSTIN MADE A VIDEO PRESENTATION GAVE THE BOARD TWO COPIES OF THE TAPE 2. Quarterly Report on 1991 Water Projects. (Clifford Craig, Utility Director) PRESENTED BY CLIFFORD CRAIG AND TED PETOSKY, PROTECT MANAGER 3. Quarterly Report on Roanoke Valley Resource Authority Solid Waste Facilities. (John Hubbard, CEO, RVRA) PRESENTED BY TORN HUBBARD 4. Special Report on Dixie Caverns Landfill Cleanup. (George Simpson, Assistant Director of Engineering & Inspections) MR. SIII~IPSON MADE A VIDEO PRESENTATION E. NEW BUSINESS 1. Resolution Adopting the 1993 Real Estate Tax Rate. (Elmer C. Hodge, County Administrator) R 32393-1 HCN MOTION TO ADOPT RESOLUTION URC BOARD CONSENSUS THAT IlVDEPENDENT + OF NEW ASSESSMENTS IS NOT NECESSARY 2. Resolution Adopting the 1993 Personal Property Tax Rates and Machinery and Tools Tax Rate. (Elmer C. Hodge, County Administrator) R-32393-2 HCN MOTION TO ADOPT RESOLUTION URC BOARD CONSENSUS TO LOOK AT POSSIBLE MACHINERY & TOOLS TAX RATE INCREASE FOR 1994 BUDGET, AND DISCUSS WITH COM. OF REVENUE 3. Request for Adoption of Regional Cable Television Committee Budget for FY 1993-94. (Anne Marie Green, Director of Community Relations) A 32393-3 HCN MOTION TO APPROVE BUDGET URC 3 HCN REQUESTED A MEETING WITH AMG AND ANGELA MCPEAK, STATION MANAGER~TO DISCUSS POSSIBLE STUDIO LOCATION 4. Request for Appropriation of $57,116.20 to Utility Water Fund for Well Drilling. (Clifford Craig, Utility Director) A 32393-4 BI,~T MOTION TO APPROPRIATE $57,116.20 URC 5. Request for Authorization to Issue the 1992 General Obligation Bonds and to Refinance Certain Previous Issues of General Obligation Public Improvement and Refunding Bonds. (Diane Hyatt, Director of Finance) R-32393-5 HCN MOTION TO ADOPT RESOLUTION URC F. REQUESTS FOR WORK SESSIONS NONE G. REQUESTS FOR PUBLIC HEARINGS NONE H. REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES -CONSENT AGENDA BI,LT MOTION TO APPROVE FIRST READING AND SET PUBLIC HEARING FOR 4/27/93 URC 4 1. An Ordinance Authorizing a Special Use Permit to Expand an Indoor Archery Club to Construct an Addition, Located on Timberview Road, Catawba Magisterial District, Upon the Petition of Giles M. Gilley. 2. An Ordinance to Rezone 4.75 Acres from I-2 to R-2, Located at 1701 Underhill Avenue, Vinton Magisterial District, Upon the Petition of Roanoke County Planning Commission. 3. An Ordinance Authorizing a Special Use Permit to Construct a Religious Assembly and Community Center, Located on Branico Drive, Cave Spring Magisterial District, Upon the Petition of Jitendra Desai. 4. An Ordinance Authorizing a Special Use Permit to Expand an Existing Church Building for Sunday School Rooms and Fellowship Hall, Located at 8269 Bradshaw Road, Catawba Magisterial District, Upon the Petition of Warren E. Booth. 5. An Ordinance Authorizing a Special Use Permit to Allow the Expansion of an Existing Church Building and the Future Construction of Related Facilities, Located at 312 Azusa Street, Hollins Magisterial District, Upon the Petition of Azusa Street Ministries. I. FIRST READING OF ORDINANCES 1 Ordinance Authorizing the Relocation of the Office of the General Registrar to New Office Facilities and Relocation and Establishment of a Central Absentee Voter Election District. (Paul Mahoney, County Attorney) EGK MOTION TO APPROVE FIRST READING 2ND - 4/13193 5 URC 2. Ordinance Authorizing the Relocation of the Castle Rock Voting Precinct from Cave Spring Fire Station to Cave Spring Junior High School. (Paul Mahoney, County Attorney) LBE MOTION TO APPROVE FIRST READING 2ND - 4/13/93 URC 3. Ordinance Rescinding Resolution 11988-2 and Authorizing the Lease of a Portion of the Back Creek Volunteer Fire Company Property. (Paul Mahoney, County Attorney) DISCUSSION WAS HELD BUT ACTION MOVED TO EVENING SESSION (ITEM S.21 AS PUB HEARING WAS ADVERTISED AT 7 P.M. J. SECOND 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. (Arnold Covey, Director of Engineering & Inspections) 0-32393-6 BL,T MOTION TO APPROVE ORDINANCE URC K. APPOINTMENTS 1. Library Board NONE 6 L. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WII.L BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WII.L BE CONSIDERED SEPARATELY. R 32393-7 EGK MOTION TO ADOPT RESOLUTION URC 1. Approval of Minutes -February 23, 1993. 2. Acceptance of Water and Sanitary Sewer Facilities Serving Canterbury Park, Section 6. A-32393-7.a 3. Approval of Bingo Permit for Back Creek Elementary School P.T.A. A-32393-7.b 4. Donation of Right-of--Way and Drainage Easement in Connection with Homeland Hills Road Improvements. A-32393-7.c 5. Authorization to Pay Certain Legal Fees Concerning Grumman Emergency Products, Inc. A-32393-7.d 6. Approval of Raffle Permit for Calendar Year 1993 from Vinton Moose Lodge #1121. A-32393-7.e M. REPORTS AND INQUIRIES OF BOARD MEMBERS NS' CO~~~S A~ N. CI'~ZE N~ O. g~pORTS °-~'~ glance 6 ~ Fund Unappropriated B 1. General glance Fund Unappropriated B 2. Capital Board Contingency Fund 3. 4. Statement of the Treasurer's Accountability per Investments and Portfolio Policy, as of February 28, 1993. 5. Statement of Revenues and Expenditures as of February 28, 1993. 6. Report on Spring Hollow Reservoir Groundbreaking. 7. Report on Bond Projects. AT 5:05 P.M.. C DECLARED FIVE-1~~IINUTE RECESS P. WORK SESSION 1. Joint Work Session with the Planning Commission. ITEMS DISCUSSED: (1) THE EIGHT PRIORITIZED OB TECTIVES FOR 1993 (2) PROPOSED 1993 WORK SCHEDULE BY QUARTERS BL.T AND ECH REQUESTED THAT WILLIAMSON ROAD CORRIDOR STUDY (NOT ON THE PRIORITY LIST) BE GIVEN IIVIlI~DIATE ATTENTION. BI;T SUGGESTED THAT CONSIDERATION BE GIVEN TO PLAN. COM. BEING FINAL AUTHORITY TO APPROVE SPECIAL USE PERMITS. Q. EXECUTIVE SESSION pursuant to the Code of Virginia - Section 2.1-344 A (4) to discuss a personnel matter; (7) consultation with legal counsel and briefings by staff members pertaining to Smith Gap Landfill contract. (3) to discuss the acquisition of real property for public utility purposes, water transmission line. AT 5:55 P.M.. HCN MOTION TO GO INTO EXECUTIVE SESSION AT 6:30 P.M. URC 9 R. CERTIFICATION OF EXECUTIVE SESSION R 32393-8 B MOTION TO ADOPT RESOLUTION AT 7:05 P.M. URC EVENING SESSION Rl gECOGrTITION r iii ~....~ ~... _____- - LAWRENCE TERRY AND RAY FADES LEADERS S. P~~C BRING AND FIRST READING OF ORDINANCES 1. Proposed Amendments to the Zoning Ordinance and County Sewer Ordinance to Allow Alternative Discharging Sewage Systems. (Terry Harrington, Director of Planning & Zoning) 2ND - 4/27/93 URC 2. a. Ordinance Amending and Reenacting Section 18- 63.1 "Procedures and Fees for Issuance of Permits for Septic Tanks, On-Site Sewage Disposal Systems and Wells" of the Roanoke County Code to Provide for Alternative Discharging Sewage Systems. b. Ordinance Amending and Reenacting the 1992 Roanoke County Zoning Ordinance to provide for Alternative Discharging Sewage Systems. Ordinance Rescinding Resolution 11988-2 and Authorizing 10 Lease of a Portion , of the Back Creek V tt rne) Fire the County A Y Company Property. (Paul Mahoney, AC=ON_ HEARING AND SECOND READING OF T, PUBLIC ORDINANCES and Reenacting Section 21-202 of 1, Ordinance Amending Code Authorizing an Increase in the the Roanoke County nsient Occupancy Tax from 2% to 5%, Alincatf g tan Tra and Proved g Proceeds from This IncreaseCounty Attorney) Effective Date. (Paul Mahoney, 0-32393-9 HCN MOTION TO ADOPT ORDINANCE AYES: EGK j,,BF.. HCN NAYS: B ABSTAIlV: FM Ordinance Authorizing a Special Use Permst Acr ° Parcel, 2. a Private Stable on a PO a'°windsor Hills Magisterial located at 4712 Keagy Roa , and Brenda Z• District, Upon the Petition of Nelson B. ene. (Terry Harrington, Director of Planning & Gre Zoning) 0-32393-10 O.~IN~~ LBE MOTION TO ADOPT URC 11 AT 2ND RF•All~~ arm - 4/27193 ri ~~ 3. Ordinance Authorizing a Special Use Permit to Erect a Self-supporting Communication Tower on a Portion of a 718.72 Acre Parcel, Located Approximately One Mile Southwest of the Intersection of Indian Grave Road and U. S. 220, Cave Spring Magisterial District, Upon the Petition of Cellular One. (Terry Harrington, Director of Planning & Zoning) 0-32393-11 HCN MOTION TO ADOPT ORDINANCE URC U. CITIZEN COMII~NTS AND COD~IlVIUNICATIONS NONE V. EXECUTIVE SESSION pursuant to Code of Virginia Section 2.1-344 A (4) to discuss a personnel matter; (7) consultation with legal counsel and briefings by staff members pertaining to Smith Gap Landfill contract. HCN MOTION AT 7:35 P.M. AYES: LBE~HCN, FM NAYS: BI.,~T, EGK W. CERTIFICATION OF EXECUTIVE SESSION R-32393-12 HCN MOTION AT 8:33 P.M. URC V. ADJOURNMENT TO 3 P.M., TUESDAY, APRIL 6, 1993, AT THE ROANOKE COUNTY HEADQUARTERS LIBRARY MEETING ROOM FOR BUDGET WORK SESSIONS BI.,~T MOTION AT 8:35 P.M. UW is 0~ ROAN ~F a z ~~ z v a~ 1838 C~~~xxt~~ ~~ ~~~~~~e ROANOKE COUNTY BOARD OF SUPERVISORS AGENDA MARCH 23, 1993 Welcome to the Roanoke County Board of Sd this fourth el~esday at 3100 meetings are held on the second Tuesday an p.m. Public hearings are held at 7:00 p.m on the fourth Tuesday of each month. Deviations from this schedule will be announced. A. OPENING CEREMONIES (3:00 P.M.) 1. Roll Call. 2. Invocation: Rev. Branan G. Thompson Colonial Avenue Baptist Church 3. Pledge of Allegiance to the United States Flag. B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS i ® Recycled Paper D. BRIEFINGS 1. Presentation by Leadership Roanoke Valley Economic Development Committee. (Keith T. Austin, from Leadership Roanoke Valley) 2. Quarterly Report on 1991 Water Projects. (Clifford Craig, Utility Director) 3. Quarterly Report on Roanoke Valley Resource Authority Solid Waste Facilities. (John Hubbard, CEO, RVRA) 4. Special Report on Dixie Caverns Landfill Cleanup. (George Simpson, Assistant Director of Engineering & Inspections) E. NEW BUSINESS 1. Resolution Adopting the 1993 Real Estate Tax Rate. (Elmer C. Hodge, County Administrator) 2. Resolution Adopting the 1993 Personal Property Tax Rates and Machinery and Tools Tax Rate. (Elmer C. Hodge, County Administrator) 3. Request for Adoption of Regional Cable Television Committee Budget for FY 1993-94. (Anne Marie Green, Director of Community Relations) 4. Request for Appropriation of $57,116.20 to Utility Water Fund for Well Drilling. (Clifford Craig, Utility Director) F. REQUESTS FOR WORK SESSIONS 2 G. H. I. REQUESTS FOR PUBLIC HEARINGS REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES -CONSENT AGENDA 1. An Ordinance Authorizing a Special Use Permit to Expand an Indoor Archery Club to Construct an Addition, Located on Timberview Road, Catawba Magisterial District, Upon the Petition of Giles M. Gilley. 2. An Ordinance to Rezone 4.75 Acres from I-2 to R-2, Located at 1701 Underhill Avenue, Vinton Magisterial District, Upon the Petition of Roanoke County Planning Commission. 3. An Ordinance Authorizing a Special Use Permit to Construct a Religious Assembly and Community Center, Located on Branico Drive, Cave Spring Magisterial District, Upon the Petition of Jitendra Desai. 4. An Ordinance Authorizing a Special Use Permit to Expand an Existing Church Building for Sunday School Rooms and Fellowship Hall, Located at 8269 Bradshaw Road, Catawba Magisterial District, Upon the Petition of Warren E. Booth. 5. An Ordinance Authorizing a Special Use Permit to Allow the Expansion of an Existing Church Building and the Future Construction of Related Facilities, Located at 312 Azusa Street, Hollins Magisterial District, Upon the Petition of Azusa Street Ministries. FIRST READING OF ORDINANCES 3 1 Ordinance Authorizing the Relocation of the Office of the General Registrar to New Office Facilities and Relocation and Establishment of a Central Absentee Voter Election District. (Paul Mahoney, County Attorney) 2. Ordinance Authorizing the Relocation of the Castle Rock Voting Precinct from Cave Spring Fire Station to Cave Spring Junior High School. (Paul Mahoney, County Attorney) 3. Ordinance Rescinding Resolution 11988-2 and Authorizing the Lease of a Portion of the Back Creek Volunteer Fire Company Property. (Paul Mahoney, County Attorney) J. SECOND 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. (Arnold Covey, Director of Engineering & Inspections) K. AppOIlVTMENTS 1. Library Board L. CONSENT AGENDA ALL MATl'ERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WII.L BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, 4 THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. M. N. 1. Approval of Minutes -February 23, 1993. 2. Acceptance of Water and Sanitary Sewer Facilities Serving Canterbury Park, Section 6. 3. Approval of Bingo Permit for Back Creek Elementary School P.T.A. 4. Donation of Right-of--Way and Drainage Easement in Connection with Homeland Hills Road Improvements. 5. Authorization to Pay Certain Legal Fees Concerning Grumman Emergency Products, Inc. 6. Approval of Raffle Permit for Calendar Year 1993 from Vinton Moose Lodge #1121. REPORTS AND INQUIRIES OF BOARD MEMBERS CITIZENS' C011~Il1~NTS AND COMMUNICATIONS O. REPORTS 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Statement of the Treasurer's Accountability per 5 Investments and Portfolio Policy, as of February 28, 1993. 5. Statement of Revenues and Expenditures as of February 28, 1993. 6. Report on Spring Hollow Reservoir Groundbreaking. 7. Report on Bond Projects. P. WORK SESSION 1. Joint Work Session with the Planning Commission. Q. EXECUTIVE SESSION pursuant to the Code of Virginia Section 2.1-344 A (4) Concerning a personnel matter; (7) Consultation with legal counsel and briefings by staff members, pertaining to Smith Gap Landfill contract. R. CERTIFICATION OF EXECUTIVE SESSION EVENING SESSION S. PUBLIC HEARING AND FIRST READING OF ORDINANCES 1. Proposed Amendments to the Zoning Ordinance and County Sewer Ordinance to Allow Alternative Discharging Sewage Systems. (Terry Harrington, Director of Planning & Zoning) 6 a. Ordinance Amending and Reenacting Section 18- 63.1 "Procedures and Fees for Issuance of Permits for Septic Tanks, On-Site Sewage Disposal Systems and Wells" of the Roanoke County Code to Provide for Alternative Discharging Sewage Systems. b. Ordinance Amending and Reenacting the 1992 Roanoke County Zoning Ordinance to provide for Alternative Discharging Sewage Systems. T. PUBLIC HEARING AND SECOND 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) 2. Ordinance Authorizing a Special Use Permit to Construct a Private Stable on a Portion of a 10.5 Acre Parcel, located at 4712 Keagy Road, Windsor Hills Magisterial District, Upon the Petition of Nelson B. and Brenda Z. Greene. (Terry Harrington, Director of Planning & Zoning) 3. Ordinance Authorizing a Special Use Permit to Erect a Self-supporting Communication Tower on a Portion of a 718.72 Acre Parcel, Located Approximately One Mile Southwest of the Intersection of Indian Grave Road and U. S. 220, Cave Spring Magisterial District, Upon the Petition of Cellular One. (Terry Harrington, Director of Planning & Zoning) U. CITIZEN C011~Il1~NTS AND CO1NIlViUNICATIONS V. ADJOURNMENT TO 3 P.M., TUESDAY, APRIL 6, 1993, AT THE ROANOKE COUNTY HEADQUARTERS LIBRARY MEETING ROOM FOR BUDGET WORK SESSIONS ACTION NO. ITEM NUMBER I ~~ AT A REGULAR MEETING OF THE BOARD OF SIIPERVISORS OF ROANORE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 23, 1993 AGENDA ITEM: Presentation by the Economic Development Committee of the Regional Chamber of Commerce Leadership Roanoke Valley Program COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Economic Development Committee of the Roanoke Regional Chamber of Commerce Leadership Roanoke Valley Program has requested ten minutes on the March 23 agenda for a video presentation. The spokesperson will be Keith Austin. Leadership Roanoke Valley is a program sponsored by the Roanoke Regional Chamber of Commerce. Reta Busher is the Chairman of this the program this year, and I was the Chairman of the program last year. Thirty people are chosen based on their ability to set and achieve personal goals, availability of time and resources to give to community service, and a personal commitment to the Roanoke Valley and society as a whole. Several Roanoke County employees have participated in the program. The video has been developed to serve as a promotional tool for attracting tourists to the Roanoke Valley, and was produced by WBRA and sponsored by Lamar Advertising. ~ ~ ~' ~~ ~.~ Elmer C. Hodge County Administrator ACTION Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) Motion by: VOTE No Yes Abs Eddy Johnson Kohinke Minnix Nickens ~-i Retovery 5yatp~S Inc.. 957 Kime Lane P. 0 Box 425; Salem, Virginia 241 ~_;; (7031 3a7 3462 February 22, 1993 Ms. Mary Allen Clerk to the Board Roanoke County Administration P.O. Box 29800 Roanoke, Virginia 24018 Dear Ms. Allen, As chairman of the economic development committee of the Regional Chamber of Commerce's Leadership Roanoke Valley program, I request that you schedule ten minutes for our committee to make a video presentation to the Board of Supervisors. The specific date can be at council's convenience but we would prefer to make our presention by March 31. The video was developed to serve as a promotional tool for attracting tourists to the Roanoke Valley by celebrating the variety of attractions and events that enhance our quality of life. The video was produced by wBRA and sponsored by Lamar Advertising. We will need a television and VCR to show the video. If we need to make arrangements for this please let me know. I look forward to hearing from you. Sincerely, Martin O. Skelly cc: Kieth T. Austin Lin D. Chaff Steven L. Higgs Valeta Pittman Lawrence M. Taylor Stanley B. Andrzejewski Reta Busher John G. Heitz ~n7ayne Grey ACTION # ITEM NUMBER ~' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 23, 1993 AGENDA ITEM: March Report on 1991 Water Projects COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND' In order to keep the Board of Supervisors informed, staff will provide a monthly report on the progress of the Spring Hollow Reservoir Project, Water Treatment Plant Project and the Water Transmission Line Project. SPRING HOLLOW RESERVOIR PROJECT The construction of the reservoir is now in its sixteenth month and the project is on schedule. Construction activity during the last month included: ° Continued dental concrete of foundation ° Continued quarry and crushing operation ° Completed high-line installation ° Completed conveyor installation ° Started installation of panels on dam face ° Removed coffer dam from river ° Continued concrete and piping placement for river pump station ° Held ground breaking for the dam construction. The start of the RCC placement has been delayed due to weather. Anticipated RCC start date is March 22, 1993. The current project contract total costs including existing and pending change orders is $24,869.00 and remains unchanged from the previous report. Funds expended to date for the construction phase of the reservoir are $12,747,729 and $1,042,397.14 for engineering construction phase services. ~-~ During the next month, the contractor will perform the following: ° Continue construction of RCC Dam ° Install dam gallery and adits ° Continue stone crushing operation ° Continue pump station concrete placement ° Continue pump station piping installation. WATER TREATMENT PLANT The Water Treatment Plant continues in the design phase. Staff met with VDOT to review industrial access on Route 460. The pilot water treatment plant at the Glenvar site continues operation as previously presented. During the next month, staff will request a special use permit from the County for the Water Treatment Plant and continue to operate the pilot plant. WATER TRANSMISSION LINE The following work continues on the Water Transmission Line: ° Title certification ° Easement negotiation ° Obtaining easements ° Preparation of construction drawings ° Obtaining stream crossing permits Easement acquisition continues. Where staff cannot negotiate a settlement with a land owner using an independent appraisal, we will bring the matter to the Board for guidance prior to requesting acquisition by eminent domain. Work will continue on acquisition of easements during the next month. SUBMITTED BY: APPROVED: -~ -~%' f ~~~ Clifford i .E. Elmer C. Hodge _ Utility Director County Administrator ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Minnix Received ( ) Johnson Referred Kohinke to Eddy Nickens ACTION # yM.M ITEM NUMBER "'"` AT A REGULAR MEETING OF THE BOARD OF SIIPERVISORS OF ROANORE COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER MEETING DATE: March 23, 1993 AGENDA ITEM: Status Report on Roanoke Valley Resource Authority Solid Waste Facilities COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The past month has provided very little progress due to adverse weather conditions. Progress has been minimal on all contracts and will likely delay completion. Additional contracts are expected to be awarded during the month of April that will begin construction of the utilities and the landfill liner systems. As weather improves, a tour can be scheduled at the Board's convenience. Attached is a project update presented to the RVRA at its regular meeting held March 18, 1993. Respectfully submitted, ~ .~, ,; , J hn R. Hubbard, P.E. Chief Executive Officer Roanoke Valley Resource Authority -------------------------------------------- Approved Denied Received Referred to ACTION Motion by: VOTE No Yes Abs Eddy Johnson Kohinke Minnix Nickens ~-3 MEETING: March 18, 1993 PROJECT: Master Schedule STATUS: Poor weather conditions have affected progress and have delayed work. Smith Gan: . Part B Approval: Revised plans have been submitted to the Department of Waste Management for final approval. Action by the Department of Waste Management is expected within 30 days. . Rough Grading: Approximately 64 % has been completed. Poor weather continues to delay completion. Major items are anticipated to be completed by May. . Tipper Station: Work continues on the foundation and utility items. Delays have been minor to date. . Monitoring Wells: Sampling and analysis of the groundwater has been awarded and sampling will begin in March. . Landfill Liner: Bidding documents have been prepared and will be advertised on March 21, 1993. . Utilities: Advertising of utility plans has been delayed. Advertisement on March 14, 1993 has been scheduled. Transfer Station . Building: Earthwork is approximately 80 % complete. Foundation and concrete work is continuing. Utility lines are also underway. Visual progress will be significant in upcoming months. ~j-3 Rail Transportation: . Rail Spur: Grading continues as Norfolk Southern begins to deliver track and supplies to begin track construction. . Rail Cars: Cars have been ordered and delivery expected by August. . Car Dumpers: Fabrication is complete. Erection on site is expected during April and May. Ecluiv_ meet: . Heavy Machinery: Equipment advertising and bidding has begun. The months of March through June will continue with bidding. All equipment will be on hand by September, 1993. Schedule: The anticipated completion date continues to be delayed with poor weather. Efforts will be made to make up lost time, however, the completion will likely be delayed 30-45 days. Attached is a summary of the project schedule and status. Respectfully submitted: mil, -~;,~'-~`-Ct:~~G/~-- C L/~~ John R. Hubbard, P.E. Chief Executive Officer .,y""' ROANOKE VALLEY RESOURCE AUTHORITY PROJECT STATUS MASTER SCHEDULE SCHEDULE 1992 1993 J F M A M J J A S O N D J F M A M J J A S O N D WORK ITEMS A E A P A U U U E C O E A E A P A U U U E P C T O V E C N B R R Y N L G P T V C N B R R Y N L G U R C 1 E Y U T O E E U R C I E Y U T O E E A U H L S E B M M A U H L S E B M M R A T M E B B R A T M E B B Y R B R E E Y R B R E E Y R R Y R R R R II LANDFILL Part B Approval Rough Grading Monitoring Wells Building Liners Utilities TRANSFER STATION Part A Approval Part B Submittal Part B Approval Site Clearing Building RAIL TRANSPORT Rail Spur Rail Cars Car Dumper C O M P L E T E C O M P L E T E C 0 M P L E T E 95 64 100 7 0 0 100 100 100 100 15 70 10 50 BOND PROCEEDS ONLY FINANCIAL STATUS COMPONENT ESTIMATED COSTS ACTUAL TO DATE % TOTAL Landfill S 13,083,204 S 1,397,058 11 Transfer 5,260,614 712,392 13% Transportation 9,000.000 -0- 0% TOTAL $ 27,343,818 $ 2,109,450 8 °~ 3/93 f ACTION NO. ITEM NUMBER J„ """" ~` AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 23, 1993 AGENDA ITEM: Special Report on Dixie Caverns Landfill Cleanup SUMMARY OF INFORMATION: Staff will brief the Board on the progress on the cleanup of Dixie Caverns Landfill. C;/i~,u/ Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Eddy Received ( ) Johnson Referred ( ) Kohinke To ( ) Minnix Nickens nl A i J -4 DIXIE CAVERNS LANDFILL Cost to date: $2,215,000 Activities to date: Several areas have been cleaned up-paint sludge, tires, and drums containing hazardous materials. Leachate is pumped and hauled daily, in accordance with State Water Control Board and other ordinances. Recent schedule of events with EPA: August 29, 1992: Roanoke County and Roanoke Electric Steel executed the Consent Order for Removal Action to perform the stream remediation. September 28,1992: Submitted the "Response Action Plan" to EPA outlining a proposed course of action to clean up the stream areas that were contaminated with "flyash". December 7,1992: Received "partial approval" of the Response Action Plan from EPA. Also received comments for revisions to the RAP. December 11, 1992: Sent the revised RAP to EPA for further review and comment. December 21, 1992: Remedial Design/Remedial Action Consent Decree signed by Roanoke County and Roanoke Electric Steel (removal or stabilization of the flyash pile). January 20,1993: Pilot Test was performed at Dixie Caverns in accordance with EPA requirements (approximate cost of $50,000). February 6, 1993: Comments received from EPA on the revised Response Action Plan. Revisions are due back to EPA within five working days. February 11, 1993: Revised Response Action Plan submitted to EPA along with a Field Sampling Plan and a Quality Assurance Project Plan. Projected costs: Leachate pump and haul operation - approximately $250,000 per year. Stream remediation - estimated 1-2 million dollars. Flyash removal/treatment - estimated 4-9 million dollars. Final close-out - estimated 2.75 million dollars ~i AT A REGIILAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COIINTY ADMINISTRATION CENTER ON TUESDAY, MARCH 23, 1993 RESOLUTION 32393-1 SETTING THE TA8 RATE ON REAL ESTATE SITIIATE IN ROANORE 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. 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: Brenda J. Ho on, Deputy Clerk Roanoke County Board of Supervisors cc: File Paul M. Mahoney, County Attorney Diane D. Hyatt, Director, Finance Reta B. Busher, Director, Management & Budget John D. Willey, Director, Real Estate Assessment Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue 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 23, 1993 AGENDA ITEM: Adoption of the Real Estate Tax Rate for the Calendar Year 1993. COUNTY ADMINISTRATOR'S COMMENTS: Recommend approval of the tax rate as it now stands. At the public hearing, nine citizens expressed concerns about high assessments. The Board asked the staff fo research each of these concerns and we have done so in the report which is aftached. Most of these have very logical explanations. While 1 am satisfied with the accuracy of the work performed, 1 am requesting permission to obtain proposals for an independent review of the new assessments to resolve any questions that you may have. When proposals and prices are received, 1 will bring a recommendation to the Board with a request for funding. SUMMARY OF INFORMATION: The Real Estate Tax Rate for the twelve-month period beginning January 1, 1993, and ending December 31, 1993, was advertised on February 23, 1993 and March 2, 1993 at $1.13 per one hundred dollars assessed valuation. The public hearing for citizen comment on the above advertised tax rate was held on March 9, 1993. STAFF RECOMMENDATION: The proposed budget for fiscal year 1993-94 is predicated on the current Real Estate Tax Rate; therefore, staff recommends that the Real Estate Tax Rate again be established at the rate of $1.13 per one hundred dollars assessed valuation for the 1993 calendar year. Respectfully submitted, ., ~, Reta R. Busher Director, Management and Budget Approved by, r ~ y~t ' ~f ~, (~''~ Elmer C. Hodge County Administrator E-I ACTION VOTE Approved () Motion by: No Yes Abs Denied () Eddy _ _ _ Received () Johnson _ _ _ Referred () Kohinke _ To () Minnix _ _ _ Nickens _ _ _ ~i REVIEW OF CONCERNS E%PRESSED AT MARCH 9 REAL ESTATE TA% RATE PIIBLIC HEARING MARCH 23, 1993 Background: At the March 9, 1993 public hearing on the real estate tax rates, several citizens expressed concerns about their increased assessments. The Board of Supervisors asked that staff review each of these concerns and report the results back to them. The following is a brief description of the concern expressed and our findings: ^ Cecil Bollinger, 3689 RutrouQh Road 1992-$70,500, 1993-$84,500 Mr. Bollinger expressed concern over an increase of $18,000 from 1992 to 1993. Before the March 9 public hearing, staff reviewed his assessment and he received a $4,000 reduction. Mr. Bollinger has his house on the market for $99, 500, and has a contract pending. I have written Mr. Bollinger asking what the contract price is, but have not heard from him. ^ Ambrose J. Pentecost, 2402 West Riverside Drive 1992 - $130,700, 1993 - $131,900 Mr. Pentecost's concerns were about his home being in the flood plain. It did not flood in 1985 or 1992. Staff spoke with Mr. Pentecost and were told that he purchased his house in 1990 for $135, 000. The 1993 assessment is less than he paid for the house. Mr. Pentecost also indicated his house has been for sale at an asking price above the 1993 assessment. ^ Lois Meadows 2384 West Riverside Drive 1992 - $$85,800, 1993 - 586,700 Ms. Meadows also advised that her house was in the flood plain. The assessment increased $900 from 1992 to 1993. The house did not flood in 1985 or 1992. ^ Thomas Underwood, 2370 West Riverside Drive 1992 - $90,500, 1993 - 589,700 Mr. Underwood expressed concern about the flood plain. His 1993 assessment has decreased $800 from his 1992 assessment. His house did not flood in 1985 or 1992 ^ Marvin Anderson, 8486 Newport Road 1992 - $76,400, 1993 - $78,600 Assessment as a Result of Land Ose Proctram - 552,300 The land portion of the Anderson property is in the Land Use Program since it is used for farming. This reduces his assessment by $26,300. Certain types of land such as farming and forestry may be enrolled in the Land Use Program which substantially reduces the assessment. ~,~~ ~~ i.....,. ^ Wenoil M. Stanek, 5402 Chatsworth Drive 1992 - $124,800, 1993 - $130,900 Mr. Stanek's primary concern was the tax rate, not the tax assessment. His property increased by $6100 or approximately 5$. ^ Lela Spitz, 1971 Oak Drive 1992 - $97,600, 1993 - $99,600 Her concern was also the tax rate. Her property increased by 2~ or 2,000 between 1992 and 1993. ^ Ronald Ray Henderson, 610 Peake Street: 1992 - $20,100, 1993 - $37,500 Mr. Henderson expressed concern over the increased assessment on 9.73 acres of property he owns. He appealed his 1993 assessment and staff twice visited the property and made on site inspections. Staff also reviewed sales of vacant properties. The results of the reviews were that the land was assessed at the correct value. Attached is a newspaper article on the assessment hearings in Botetourt County. The assessments in Botetourt County were increased by 30$. The primary reason for the large increase was because of the growth in Botetourt County and the period of time between assessments. Roanoke County's increase for 1993 was at 2.5$. Assessments- (Continued from Page 1-A) "In a county such as Botetourt, with steady growth, four years is certainly long enough," Wingate said. "If it's an azea with slow growth that's very rural, five or six years is acceptable. "In most counties with any growth to speak of, you need to go with four." The 30 percent increase will in- crease Botetourt's property taxes, which totaled $5,484,511 in 1992, to about S7 million. County homeowners are taxed at a rate of 75 cents per $100 of their property's value. According to Wingate, thatrepresents acompara- tively mild figure when contrasted with other valley jurisdictions. Roanoke County's rate, he said, is S1.13 per $100 of assessed value. Roanoke County's assessment last year registered a 2.5 percent in- crease over an assessment con- ducted the previous year. According to Botetourt Commis- sioner of Revenue Steve Wampler, the reassessment shows a new county tax base of $1,037,628.600, as compared with the prior figure of $732,647,584. The $1-billion-plus figure does not take into account adjustments from the hearings, or reductions which agricultural land will be subjected to. If county residents aze not satis- fied with the results of Boazd of Equalization hearings, they can opt to appeal to the circuit court. The only adjustments which assessors will make after the board's heazings aze in cases where mathematical errors may have occurred, Wingate said. Reassessment c=r T E FiNC~snE N[0.A~D hearings go =-~~ 93 into overtime Inf Zux of inquiries call for second round of hearings by equalization board By JOHN WARREN Staff Writer A second round of hearings be- fore Botetourt'sBoard of Equaliza- tion has been scheduled in order to handle the influx of adjustment re- quests following a recent county reassessment. According to assessors, about 750 hearings have been requested before assessors and the Boazd of Equalization That number of complaints rep- resents about a 50 percent higher margin of complaints than are gen- erally heard, according to an esti- mate given by Harold Wingate, whose firm handled the recent as- The reassessment, which was completedinJanuary, showedabout a 30 percent increase in taxable county property values. Wingate said last month that he anticipated about 3 percent of the county's population to file inquiries regazding their assessments. Ac- cordingly, between400-500 county residents would probably question the evaluations of their real estate, Wingate said. According to Wingate, about500 people inquired about their reas- sessments in the first round of heaz- ings, conducted by the assessors. The second round of hearings, con- ducted bythe Board of Equalization appointed by the county's Board of Supervisors, hosted about 150 re- quests for reductions in real estate assessments. According to Equalization Board Chairman Joe Johnson, another 100 relief requests were not scheduled in the first round of hearings by the boazd. Hence, he said, anotherround of hearings had to be scheduled to accommodate the requests. The first round of hearings by the board was completed March 1. The second round commences on March 11, and will run through Mazch 25. Six sessions will be held by the boazd during the upcoming period. Johnson said the influx of com- plaintsbeforethe equalization board was largely due to a misinterpreta- tion oftax rate cards. On those cards, he said, there is a statement which informs citizens that they have until Mazch 5 to question their assess- ment. On the other side of the cazd, however, there is a scheduled ap- pointment with an assessor. Many people did not notice the scheduled appointment, and bypassed meet- ings with assessors, opting instead to go before the Board of Equaliza- tion. Wingate, however, said the in- creased number of complaints was due to the period of time between assessments in Botetourt. The last real estate assessment in Botetourt took place in 1988. (Continued on Page 2-A) Emissions ordinance gears up '" AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 23, 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 58.1-3506.8 of the 1950 Code of Virginia, as amended, situate in Roanoke County. c:\wp51\agenda\generel\taxrate.re r r t ~ ~~ (-T. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COIINTY, VIRGINIA, HELD THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 23, 1993 RESOLUTION 32393-2 SETTING THE TAX LEVY ON ALL CLASSES OF PERSONAL PROPERTY SITUATE IN ROANORE 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 1 as a separate classification for tax purposes and as more fully 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. 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: Brenda J. Ho on, Deputy Clerk Roanoke County Board of Supervisors cc: File Paul M. Mahoney, County Attorney Diane D. Hyatt, Director, Finance Reta B. Busher, Director, Management & Budget John D. Willey, Director, Real Estate Assessment Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue 2 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 23, 1993 AGENDA ITEM: Adoption of the Personal Property and Machinery and Tools Tax Rates for the Calendar Year 1993. COUNTY ADMINISTRATOR'S COMMENTS: ~"~-~~~ ~~~`~~`'~~~ `~ 9 ,~ SUMMARY OF INFORMATION: The Personal Property Tax Rate for the twelve-month period beginning January 1, 1993, and ending December 31, 1993, was advertised on February 23, 1993 and March 2, 1993 at $3.50 per one hundred dollars assessed valuation. The Machinery and Tools Tax Rate was also advertised on the above dates at $3.00 per one hundred dollars assessed valuation. The public hearing for citizen comment on the above advertised tax rates was held on March 9, 1993. STAFF RECOMMENDATION: The proposed budget for fiscal year 1993-94 is predicated on the current Personal Property and Machinery and Tools Tax Rates; therefore, staff recommends that the Personal Property Tax Rate again be established at the rate of $3.50 per one hundred dollars assessed valuation and the Machinery and Tools Tax Rate at $3.00 per one hundred dollars assessed valuation for the 1993 calendar year. Respectfully submitted, 1i.X./llil, Reta R. Busher Director, Management and Budget Approved by, 1 ,fr Elmer C. Hodge County Administrator ., ~~~ ACITON VOTE Approved () Motion by: No Yes Abs Denied () Eddy - - - Received () Johnson - - - Referred () Kohinke - - - To () Minnix - - - Nickens ~"' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 23, 1993 RESOLUTION SETTING THE TAX LEVY ON ALL CLASSES OF PERSONAL PROPERTY SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 1993 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the levy for the twelve-month period beginning January 1, 1993, and ending December 31, 1993, be, and hereby is, set for a tax rate of 3.50 per one hundred dollars of assessed valuation on all taxable, tangible personal property, excluding all those classes of household goods and personal effects as are defined in §§ 58.1-3504 and 58.1-3505 of the 1950 Code of Virginia, as amended, but including the property separately classified by §§ 58.1-3500, 58.1-3501, 58.1-3502, 58.1-3506 in the 1950 Code of Virginia, as amended, of public service corporations based upon the assessed value thereof fixed by the State Corporation Commission and duly certified. 2. That there be, and hereby is, established as a separate class of personal property in Roanoke County those items of personal property set forth in § 58.1-3506 of the 1950 Code of Virginia, as amended, and adopted by Ordinance No. 121592-11, and generally designated as Motor Vehicles for Disabled Veterans 3. That the levy for the twelve-month period beginning January 1, 1993, and ending December 31, 1993, be, and hereby is, set at fifty (50$) 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 ~a 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. e:\wp51\agenda\general\taxrate.pp ACTION # A-32393-3 ITEM NUMBER ~. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 23, 1993 SUBJECT: Request for Adoption of Cable Television Budget COUNTY ADMINISTRATOR' S COMMENTS : ~~~~~~,-~ « f ~'~-~~ BACKGROUND INFORMATION: The County of Roanoke, Town of Vinton and City of Roanoke are members of a Regional Cable Television Committee, which oversees operation of the Local Govern- ment/Education Access Channel. The Committee is funded by the County of Roanoke, the Town of Vinton and the City of Roanoke. Each locality has agreed to fund this operation in an amount up to one percent of the franchise fee which is collected. The funding is based on the share of the total amount of cable television subscribers living in each jurisdiction. Under this formula, Roanoke City funds 58.57 percent of the budget, Roanoke County funds 34.11 percent of the budget and the Town of Vinton funds 7.32 percent. SUMMARY OF INFORMATION: The Board of Supervisors approved a budget for the Regional Cable Television Committee on September 8, 1992, which provided for 8 months of operation in Fiscal Year 1992- 93. The Regional Cable Television Committee hired Angela McPeak as Station Manager in February, 1993, and Ms. McPeak has prepared a proposed Budget for operation of the studio in FY 1993-94. This Budget, as attached, was approved unanimously by the Regional Committee at its meeting on February 24. Ms. McPeak expects to begin purchasing equipment shortly, and plans to begin airing programs in July, at the beginning of the fiscal year. Ms. McPeak is currently located at Patrick Henry High School. She is working with the County's Procurement Department to hire an architect/engineer to help her review the four possible studio 1 ~' s~ sites, and make a formal recommendation to the full Cable TV Committee. The sites under consideration are Patrick Henry, Ruffner Junior High, the Jefferson Center, and the Leisure Arts Center. This last site was recently added to the list, and may not be technically feasible, due to the height of the ceilings. Depending on which site is chosen, it may be some time before the studio is actually in operation. As mentioned above, program- ming will begin prior to that time, however. Additionally, Ms. McPeak is currently operating the Character Generator which has been moved to her office at Patrick Henry, and airing the messages on Channel 3. Additionally, staff is currently investigating the possibility of producing a "County Administrator's Report" in conjunction with WBRA, until such time as the studio is operational. Ms. McPeak would assist with the creation of this program, and will work with staff to find topics of interest to our citizens. We would be able to air these immediately on the government/education access channel. At the last Committee Meeting, the group also adopted a policy for use of the Character Generator, which is attached. A similar policy will be adopted for use of the station and equipment to ensure that they remain dedicated to local government and educa- tional use only. FISCAL IMPACT: The total proposed budget is $99,802. Roanoke County's share, 34.11, is $34,042. ALTERNATIVES: 1. Adopt the proposed Cable Television Budget and authorized inclusion of $34,042 in the County's FY 1993-94 Budget for this purpose. 2. Do not adopt the proposed Cable Television Budget. This alternative would preclude use of the facility after July 1. RECOMMENDATION: Staff recommends Alternative 1. F ~ ~` ~~.- nne Marie Green Elmer C. Hod e Director, Community Relations County Administrator 2 ~""~ ACTION Approved (~ Motion by: Harry C. Nickens Denied ( ) t~ a~.~rove bLd~Pt - Eddy Received ( ) Alt. #1 Kohinke Referred Johnson To Minnix Nickens VOTE No Yes Abs x x x x X cc: File Anne Marie Green, Director, Community Relations Diane D. Hyatt, Director, Finance Reta R. Busher, Director, Management and Budget Mary F. Parker, Clerk Roanoke City Council Carolyn S. Ross, Clerk, Vinton Town Council Howard E. Musser, Chairman, Roanoke Valley Regional Cable Television Committee 3 a _ Attachment #1 ~~ Government and Educational Access Studio Proposed Operating Budget for FY 1993-94 8 Months 12 Months CODE DESCRIPTION FY 92-93 FY 93-94 1010 Salaries 17,459 29,283 1020 Part-time 4,800 6,000 2100 Fica 1,703 2,700 2200 VRS 1,786 2,996 2300 Health Ins. 1,080 1,620 2310 Dental Ins. 104 156 2400 Life Ins. 153 256 TOTAL PERSONNEL 27,085 43,011 3013 Prof. Services 2,860 6,480 3101 Temp. Services 2,048 3,072 3202 Repairs 1,000 1,000 3209 Repairs 2,250 2,250 (Video equip) 3530 Printed Forms 2,350 9,400 3610 Advertising 1,000 2,000 3620 Public Info. 500 500 JUSTIFICATION Station Manager - 1 mo. at 28,000 - 11 mos. at 29,400 100 hours/mo. x 12 mos. X $5/hr 7.65% X 35,283 10.23% of 29,283 $135/month $13/month .8743% of 29,283 Engineering & Consulting Clerical: 8 hrs/wk X 4 wks. X 12 mos. x $8/hr Maintenance contract (Office equip) for PC, printer, etc. Maintenance contract for cameras, etc. Quarterly Program Guides 47,000 X .OS X 4 To promote station initially through different mediums 4 E-3 4600 Central Services 1,000 1,000 Paid to Co. for internal services. 5210 Postage 150 250 5230 Telephone 680 1,500 3 lines (phone, modem, & FAX) and Voice Mail 5308 Gen. Liability 500 500 (subject to change) Insurance 5410 Rent of Equipment 2,360 3,540 Rent of copier $295 X 12 mos. 5420 Rent of Building 3,300 15,000 Based on 9 months occupancy at most expensive location (Approx. $7 per sq.ft. per year for 2760 sq.ft.) 5501 Travel-Mileage 350 576 avg. of 200 mi/mo at .24 per mile X 12 mos. 5520 Dinner Meetings 100 100 5540 Training N/A 500 Conferences & Lodging 5801 Dues 200 373 PRSA - $175 Chapter dues - $48 NATOA - $150 5819 Small equip. 500 & supplies 5883 Video Supplies 2,500 6010 Office Supplies 650 6202 Books & Subscrip. 120 8101 Mach. & Equip. n/a - Capital 8401 Small Capital 500 Outlay 1,500 4,000 Misc. tapes 600 $50/mo. X 12 150 3 subscriptions and misc. books 2,000 On-going video replacement 500 5 ~'-3 TOTAL OPERATING: 24,918 64,841 TOTAL BUDGET: 52,003 99,802 ROANOKE CITY ---- 58.57% ROANOKE COUNTY -- 34.11% TOWN OF VINTON -- 7.32% TOTAL CABLE TV BUDGET BUDGET BREAKDOWN 58,454 34,042 7,306 $99,802 6 ~,~--~ ~. ~- Attachment #2 DRAFT CHARACTER GENERATOR POLICY Prepared for the Roanoke Valley Cable Television Committee The following rules and regulations shall be used in placing messages on the Government- Educational Access Channel through the means of a character generator. Since the channel is funded through public monies, it is important that only messages which relate to local government and school information (events, programs and policies) will be cablecasted. Messages will be sent to the Cable Access Director, who will transmit them for airing. 1. All messages must be of general interest to the residents of the Roanoke Valley. All messages must be prepared by a department or agency of Roanoke County, Roanoke City, the Town of Vinton or their respective school systems. Preference will be given to messages that affect large numbers of citizens. 2. A staff person from each jurisdiction will be designated to approve all messages prior to sending them to the Cable Access Director. The Director will not accept messages from any other party without prior approval through the designated contact person. The current designees are: David Baker -Roanoke City Schools Michelle Bono -Roanoke City Anne Marie Green -Roanoke County Jane James -Roanoke County Schools Mary Beth Layman -Town of Vinton 3. The contact person in each jurisdiction is responsible for the accuracy, timeliness and content of the messages which are sent to the Cable Access Director, who will then assume responsibility for their accuracy and timeliness. The director may use common abbreviations and symbols if necessary, but will not otherwise edit the messages unless advised to do so by the contact person. 4. All messages must be submitted in writing, and are limited to six lines per message, with up to 30 characters per line. The messages must indicate the beginning and ending dates of transmission, provide a telephone number for further information and should be submitted at least 1 day before they are to begin running. The director will send the transmissions around 9:00 a.m. Monday through Friday. The director will check for last minute messages each morning at 9:00 a.m., however items faxed after 9:00 a.m. may not be received until the following day. The director will only do a second transmission in emergency cases. 7 ~~ 5. The following restrictions apply to the content of any message: * No political messages * No advertising ` * No use by any private, non-profit, or other group outside the local government and school systems * An event may only be publicized if it is sponsored or co-sponsored by one of the participating jurisdictions * The use of the names of elected officials or staff members is strongly discouraged, although titles may be used for identification purposes. 6. To keep messages timely, no message may run consecutively for more than 3 weeks, unless such message regards an ongoing meeting schedule. 7. The Cable Access Director will make every effort to transmit the messages in a consistent manner, but her schedule may occasionally affect the time of the transmission. Messages dated to begin or end on a weekend or holiday will be addressed on the following work day. On days when the Director is out of the office all day, messages will be transmitted the day before and will be taken off the sequence upon the director's return to the office. 8 .. ACTION # A-32393-4 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 23, 1993 AGENDA ITEM: Request for Appropriation of $57,116.20 to Utility Water Fund for Well Drilling COUNTY ADMINISTRATOR'S COMMENTS: ~~ ~~ BACKGROUND' Roanoke County drilled the Arlington Hills No. 4 well in April, 1988. The well is 12 inches in diameter and 1,040 feet deep. The total cost to drill and test this well was $46,307.00. The Virginia Department of Health would not issue an operating permit for the Arlington Hills No. 4 well because a planned taking by Virginia Department of Transportation would not provide the required fifty foot isolation distance to property lines. SUMMARY OF INFORMATION: The acquisition of land by VDOT for the Rt. 221 road construction prohibited the County from getting an operating permit for the existing Arlington Hills #4 well. VDOT has paid the County $57,116.20 as damage to residue for the loss of use of this well. Staff requests that the Board of Supervisors appropriate the $57,116.20 for use in constructing new well supplies. RECOMMENDATION' Staff recommends that the Board of Supervisors appropriate $57,116.20 from the Utility Water Fund for the construction of new well supplies. SUBMITTED BY: Cliffor 'g, .E. Utility Director APPROVED: F-y Elmer C. Hodge County Administrator ACTION VOTE Approved (x) Motion by: Bob L. Johnson No Yes Denied ( ) to approve staff recommenda- Eddy x Received ( ) tion Johnson x Referred Kohinke x to Minnix x Nickens x cc: File Clifford Craig, Director, Utility Diane Hyatt, Director, Finance Reta Busher, Director, Management & Budget Abs ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 23, 1993 RESOLIITION 32393-5 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANORE, VIRGINIA AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION PUBLIC IMPROVEMENT AND REFUNDING BONDS, SERIES 1993 The issuance of a maximum amount of $17,790,000 general obligation bonds of the County of Roanoke, Virginia ("County") was approved at an election held in the County on November 3, 1992 ("1992 Election Bonds"). The County has issued $3,700,000 General Obligation Public Improvement Bond Anticipation Notes, Series 1992 ("Notes") in anticipation of the issuance and sale of the 1992 Election Bonds. The Board of Supervisors proposes to authorize the issuance and sale of the 1992 Election Bonds. The County has issued the general obligation bonds described in Exhibit A to this Resolution and the Board of Supervisors proposes to authorize the issuance and sale of general obligation bonds of the County ("Refunding Bonds") to refund all or a portion of the outstanding principal amount of the bonds listed on Exhibit A ("Refunded Bonds"). The 1992 Election Bonds and the Refunding Bonds are referred to collectively in this Resolution as the "Series 1993 Bonds." NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Authorization of Series 1993 Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and to issue and sell the Series 1993 Bonds in the maximum principal amount of $55,000,000. The 1992 Election Bonds shall be 1 issued and sold in the maximum principal amount of $17,790,000. The Refunding Bonds shall be issued and sold in the maximum principal amount of $37,210,000, which amount is anticipated to be sufficient to amortize the principal of and premium, if any, and interest on the Refunded Bonds and to pay all expenses reasonably incurred in connection with the issuance and sale of the Refunding Bonds. The issuance and sale of the Series 1993 Bonds are hereby authorized. The proceeds from the issuance and sale of the 1992 Election Bonds shall be used to pay the Notes at maturity and to pay the costs of the projects in the amounts authorized pursuant to the November 3, 1992 Election. The proceeds from the issuance and sale of the Refunding Bonds shall be used to pay the outstanding principal amount of and premium, if any, and accrued interest on the Refunded Bonds and to pay the costs of issuing the Refunding Bonds. 2. Pledae of Full Faith and Credit. The full faith and credit of the County are hereby irrevocably pledged for the payment of the principal of, premium, if any, and interest on the Series 1993 Bonds as the same become due and payable. The Board shall levy an annual ad valorem tax upon all property in the County, subject to local taxation, sufficient to pay the principal of, premium, if any, and interest on the Series 1993 Bonds as the same shall become due for payment unless other funds are lawfully available and appropriated for the timely payment thereof. 3. Redem tion and Pa ent of Refunded Bonds• Escrow Agreement. The County Administrator is authorized and directed to 2 execute and deliver an Escrow Agreement between the County and an Escrow Agent to be selected by the County Administrator providing for the irrevocable deposit of (i) proceeds of the Refunding Bonds (and other available money, if any) sufficient, when invested as set forth in the Escrow Agreement, to provide for payment of principal of and premium, if any, and interest on the Refunded Bonds and (ii) proceeds of the 1992 Election Bonds sufficient, when invested as set forth in the Escrow Agreement, to provide for payment of principal of and interest on the Notes at maturity. The County Administrator is authorized and directed to determine the maturities of the bonds to be called for redemption, to irrevocably call for redemption the Refunded Bonds and to provide for notice of such redemption to be published or sent to the registered owners of the Refunded Bonds, as appropriate. 4. Sale of Series 1993 Bonds. The Board of Supervisors authorizes the sale of the Series 1993 Bonds in the aggregate principal amount to be determined by the County Administrator, but not to exceed the maximum amounts set forth in paragraph 1, to Alex. Brown & Sons Incorporated, Merrill Lynch & Co. and Scott & Stringfellow, Inc. ("Underwriters"). The County Administrator and the Chairman of the Board of Supervisors, or either of them, are authorized and directed to execute and deliver a Bond Purchase Agreement with the Underwriters, providing for the sale and delivery of the Series 1993 Bonds upon terms and conditions to be approved by such officers, provided that (i) the true interest cost of the Series 1993 Bonds shall not exceed 8.Oo; (ii) the final 3 maturity of the Series 1993 Bonds shall not be later than the final maturity of the Refunded Bonds; and (iii) the sale price of the Series 1993 Bonds to the Underwriters, excluding original issue discount, if any, shall not be less than 97~ of the aggregate principal amount thereof. The approval of such officers shall be evidenced conclusively by the execution and delivery of the Bond Purchase Agreement by either of them. 5. Details of Series 1993 Bonds. The Series 1993 Bonds shall be issued upon the terms established pursuant to this Resolution and the Bond Purchase Agreement or such other terms as may be set forth by subsequent resolution of the Board of Supervisors. The Series 1993 Bonds shall be issued in fully registered form, shall be dated March 15, 1993, or such other date as the Director of Finance may approve, shall mature in the years and amounts set forth in the Bond Purchase Agreement, shall bear interest payable semi-annually at the rates set forth in the Bond Purchase Agreement, shall be in the denominations of $5,000 each or whole multiples thereof and shall be numbered from R-1 upwards consecutively. The County Administrator is authorized and directed to approve such optional redemption provisions for the Series 1993 Bonds as he determines to be in the best interest of the County. 6. Form of Series 1993 Bonds. The Series 1993 Bonds shall be in substantially the form attached to this Resolution as Exhibit B, with such appropriate variations, omissions and insertions as are permitted or required by this Resolution or subsequent resolution of the Board of Supervisors. There may be endorsed on 4 the Series 1993 Bonds such legend or text as may be necessary or appropriate to conform to any applicable rules and regulations of any governmental authority or any usage or requirement of law with respect thereto. 7. Printed or Book-Entry-Only Form. The Series 1993 Bonds shall be issued in book-entry-only form. The Series 1993 Bonds shall be issued in fully-registered form and registered in the name of Cede & Co., a nominee of The Depository Trust Company, New York, New York ("DTC") as registered owner of the Series 1993 Bonds, and immobilized in the custody of DTC. One fully-registered Series 1993 Bond in typewritten or printed form for the principal amount of each maturity of the Series 1993 Bonds shall be registered to Cede & Co. Beneficial owners of the Series 1993 Bonds shall not receive physical delivery of the Series 1993 Bonds. Principal, premium, if any, and interest payments on the Series 1993 Bonds shall be made to DTC or its nominee as registered owner of the Series 1993 Bonds on the applicable payment date. Transfer of ownership interest in the Series 1993 Bonds shall be made by DTC and its participants (the "Participants"), acting as nominees of the beneficial owners of the Series 1993 Bonds in accordance with rules specified by DTC and its Participants. The County shall notify DTC of any notice required to be given pursuant to this Resolution or the Series 1993 Bonds not less than fifteen (15) calendar days prior to the date upon which such notice is required to be given. The County shall also comply with the agreements set forth in the County's Letter of Representations to 5 DTC. Replacement Bonds (the "Replacement Bonds") shall be issued directly to beneficial owners of the Series 1993 Bonds 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 Series 1993 Bonds; 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 beneficial owners of the Series 1993 Bonds or the County 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 Board of Supervisors shall execute and deliver Replacement Bonds substantially in the form set forth in Exhibit B attached hereto to the Participants. In the event the Board of Supervisors, in its discretion, makes the determination noted in (i) or (iii) above and has made provisions to notify the beneficial owners of the Series 1993 Bonds by mailing an appropriate notice to DTC, the appropriate officers and agents of the County shall execute and deliver Replacement Bonds substantially in the form set forth in Exhibit B attached hereto to any Participants requesting such Replacement Bonds. Principal of and interest on the Replacement Bonds shall be payable as provided in this Resolution and in the Series 1993 Bonds and such 6 Replacement Bonds will be transferable in accordance with the provisions of paragraph 11 and 12 of this Resolution and the Series 1993 Bonds. 8. Appointment of Bond Registrar and Payina Aaent. The County Administrator is authorized and directed to appoint a Bond Registrar and Paying Agent for the Series 1993 Bonds. The Board may appoint a subsequent registrar and/or one or more paying agents for the Series 1993 Bonds by subsequent resolution and upon giving written notice to the owners of the Series 1993 Bonds specifying the name and location of the principal office of any such registrar or paying agent. 9. Execution of Series 1993 Bonds. The Chairman of the Board of Supervisors and the Clerk of the Board are authorized and directed to execute appropriate negotiable Series 1993 Bonds and to affix the seal of the County thereto and to deliver the Series 1993 Bonds to the purchaser thereof upon payment of the purchase price. The manner of execution and affixation of the seal may be by facsimile, provided, however, that if the signatures of the Chairman of the Board of Supervisors and the Clerk are both by facsimile, the Series 1993 Bonds shall not be valid until signed at the foot thereof by the manual signature of the Bond Registrar. 10. CUSIP Numbers. The Series 1993 Bonds shall have CUSIP identification numbers printed thereon. No such number shall constitute a part of the contract evidenced by the Bond on which it is imprinted and no liability shall attach to the County, or any of its officers or agents by reason of such numbers or any use made of 7 such numbers, including any use by the County and any officer or agent of the County, by reason of any inaccuracy, error or omission with respect to such numbers. 11. Registration Transfer and Exchange. Upon surrender for transfer or exchange of any Series 1993 Bond at the principal office of the Bond Registrar, the County shall execute and deliver and the Bond Registrar shall authenticate in the name of the transferee or transferees a new Series 1993 Bond or Series 1993 Bonds of any authorized denomination in an aggregate principal amount equal to the Series 1993 Bond surrendered and of the same form and maturity and bearing interest at the same rate as the Series 1993 Bond surrendered, subject in each case to such reasonable regulations as the County and the Bond Registrar may prescribe. All Series 1993 Bonds 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 Bond Registrar, duly executed by the registered owner or by his or her duly authorized attorney-in-fact or legal representative. No Series 1993 Bond may be registered to bearer. New Series 1993 Bonds delivered upon any transfer or exchange shall be valid obligations of the County, evidencing the same debt as the Series 1993 Bonds surrendered, shall be secured by this Resolution and entitled to all of the security and benefits hereof to the same extent as the Series 1993 Bonds surrendered. 12. Charges for Exchange or Transfer. No charge shall be 8 made for any exchange or transfer of Series 1993 Bonds, but the County may require payment by the registered owner of any Series 1993 Bond 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 Series 1993 Bond. 13. Non-Arbitra e Certificate and Tax Covenants. The County Administrator and such officers and agents of the County as he may designate are authorized and directed to execute a Non-Arbitrage Certificate and Tax Covenants setting forth the expected use and investment of the proceeds of the Series 1993 Bonds and containing such covenants as may be necessary in order to comply with the provisions of the Internal Revenue Code of 1986, as amended ("Code"), including the provisions of Section 148 of the Code and applicable regulations relating to "arbitrage bonds." The Board covenants on behalf of the County that the proceeds from the issuance and sale of the Series 1993 Bonds will be invested and expended as set forth in the County's Non-Arbitrage Certificate and Tax Covenants, to be delivered simultaneously with the issuance and delivery of the Series 1993 Bonds and that the County shall comply with the other covenants and representations contained therein. 14. Disclosure Documents. The Chairman of the Board of Supervisors and the County Administrator, or either of them, and such officers and agents of the County as either of them may designate are hereby authorized and directed to prepare, execute and deliver an appropriate preliminary official statement, official statement or such other offering or disclosure documents as may be 9 necessary to expedite the sale of the Series 1993 Bonds. The preliminary official statement, official statement or other documents shall be published in such publications and distributed in such manner and at such times as the Director of Finance shall determine. The Director of Finance is authorized and directed to deem the preliminary official statement "final" for purposes of Securities and Exchange Commission Rule 15c2-12. 15. Further Actions. The Chairman of the Board of Supervisors and the County Administrator 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 Series 1993 Bonds and all actions taken by such officers and agents in connection with the issuance and sale of the Series 1993 Bonds are ratified and confirmed. 16. Effective Date; Applicable Law. In accordance with Section 15.1-227.2 of the Act, the Board of Supervisors elects to issue the Series 1993 Bonds pursuant to the provisions of the Public Finance Act of 1991. This Resolution shall take effect immediately. 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: 10 Brenda J. Holton, Deputy Clerk Roanoke County Board of Supervisors cc: File Diane D. Hyatt, Director, Finance Paul M. Mahoney, County Attorney Alfred C. Anderson, Treasurer Reta B. Busher, Director, Management & Budget I hereby certify that the foregoing is a true and correct copy of Resolution 32393-5 authorizing the issuance of General Obligation Public Improvement and Refunding Bonds, Series 1993, adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, March 23, 1993. Brenda J. Hol on, Deputy Clerk Roanoke County Board of Supervisors 11 ACTION NO. ITEM NUMBER ~ S AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 23, 1993 AGENDA ITEM: Request for Authorization to Issue the 1992 General Obligation Bonds and to Refinance Certain Previous Issues of General Obligation Public Improvement and Refunding Bonds COUNTY ADMINISTRATOR'S COMMENTS: '"~(,~-~7~~~^-C' ~'~~nf -~ BACKGROUND: On March 9, 1993 the Board of Supervisors authorized the Staff to prepare for the refinancing of any portion of the County's General Obligation Bonds that would benefit from the lower interest rates. The State Council on Local Debt met on March 17, 1993 and approved the refunding of certain County of Roanoke General Obligation Bonds. SUMMARY OF INFORMATION: The bonds will be issued in the maximum principal amount of $55 million, which includes a maximum principal amount of $37,210,000 for the refinancing and a maximum principal amount of $17,790,000 for the new general obligation bonds. In order to complete the County Board commitment, the attached resolution authorizes the County Staff to proceed with the refinancing of current County General Obligation Bonds and the sale of $17,790,000 of General Obligation Bonds that were approved in the November 1992 referendum. Staff will work with financial advisors, bond council and underwriters to prepare package that is ready to market by the end of March 1993. The market will be tested daily to determine the optimum time to enter the market to take full advantage of the low interest rates. Attached is a schedule showing the estimated savings by funding type based on March 15, 1993 market rates. The refunding savings will be shown as a reduction in debt service during 1993-94. The savings are allocated back to the fund that pays that debt service. The School portion is the smallest because the majority of their debt is in VPSA Bonds and Literary Loans which are not included in this refinancing. The savings from the sale of GO Bonds reflects the reduction of the interest rate from 7% that was used for planning purposes in November 1992. The savings on the sale of GO Bonds will be realized over the life of the new bonds. ~5 STAFF RECOMMENDATION: Staff recommends adopting the attached resolution which authorizes the issuance of General Obligation Public Improvement and Refunding Bonds. Respectfully submitted, Approved by, Diane D. Hyatt Elmer C. Hodge Director of Finance County Administrator ACTION VOTE Approved () Motion by: No Yes Abs Denied () Eddy _ _ _ Received () Johnson _ _ _ Referred () Kohinke _ _ _ To () Minnix _ _ _ Nickens _ _ _ ~~ County of Roanoke, Virginia Effect of Refunding and Early Sale of GO Bonds on the County and School Budgets Based on March 15, 1993 Market Rates General School Water Sewer Total Effect of Refundin 1977 Water Issue $ $ $ 10,013 $ $ 10,013 1980 GO 170,538 55,673 69,606 295,817 1982 GO 17,369 2,368 19,737 1986 GO 91,982 55,383 22,157 169,522 1988 VRA 61,844 228,775 290,619 1991 Water GO 359,432 359,432 639 321 55 383 149 687 300 749 1 145 140 Savings from selling GO Bonds in current market 1476 189 1464 033 ~_ ~_ 2 940 222 Note: The savings form the refunding will be realized in 1993-94. The savings on the new GO Bonds will be realized over the life of the bonds (20 years). L~nO~ A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION PUBLIC IMPROVEMENT AND REFUNDING BONDS, SERIES 1993 The issuance of a maximum amount of $17,790,000 general obligation bonds of the County of Roanoke, Virginia ("County") was approved at an election held in the County on November 3, 1992 ("1992 Election Bonds"). The County has issued $3,700,000 General Obligation Public Improvement Bond Anticipation Notes, Series 1992 ("Notes") in anticipation of the issuance and sale of the 1992 Election Bonds. The Board of Supervisors proposes to authorize the issuance and sale of the 1992 Election Bonds. The County has issued the general obligation bonds described in Exhibit A to this Resolution and the Board of Supervisors proposes to authorize the issuance and sale of general obligation bonds of the County ("Refunding Bonds") to refund all or a portion of the outstanding principal amount of the bonds listed on Exhibit A ("Refunded Bonds"). The 1992 Election Bonds and the Refunding Bonds are referred to collectively in this Resolution as the "Series 1993 Bonds." NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Authorization of Series 1993 Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and to issue and sell the Series 1993 Bonds in the maximum principal amount of $55,000,000. The 1992 Election Bonds shall be issued and sold in the maximum principal amount of $17,790,000. The Refunding Bonds shall be issued and sold in the maximum principal amount of $37,210,000, which amount is C_s anticipated to be sufficient to amortize the principal of and premium, if any, and interest on the Refunded Bonds and to pay all expenses reasonably incurred in connection with the issuance and sale of the Refunding Bonds. The issuance and sale of the Series 1993 Bonds are hereby authorized. The proceeds from the issuance and sale of the 1992 Election Bonds shall be used to pay the Notes at maturity and to pay the costs of the projects in the amounts authorized pursuant to the November 3, 1992 Election. The proceeds from the issuance and sale of the Refunding Bonds shall be used to pay the outstanding principal amount of and premium, if any, and accrued interest on the Refunded Bonds and to pay the costs of issuing the Refunding Bonds. 2. Pledge of Full Faith and Credit. The full faith and credit of the County are hereby irrevocably pledged for the payment of the principal of, premium, if any, and interest on the Series 1993 Bonds as the same become due and payable. The Board shall levy an annual ad valorem tax upon all property in the County, subject to local taxation, sufficient to pay the principal of, premium, if any, and interest on the Series 1993 Bonds as the same shall become due for payment unless other funds are lawfully available and appropriated for the timely payment thereof . 3. Redemption and Payment of Refunded Bonds: Escrow Agreement. The County Administrator is authorized and directed to execute and deliver an Escrow Agreement between the County and an Escrow Agent to be selected by the County Administrator -2- ~S providing for the irrevocable deposit of (i) proceeds of the Refunding Bonds (and other available money, if any) sufficient, when invested as set forth in the Escrow Agreement, to provide for payment of principal of and premium, if any, and interest on the Refunded Bonds and (ii) proceeds of the 1992 Election Bonds sufficient, when invested as set forth in the Escrow Agreement, to provide for payment of principal of and interest on the Notes at maturity. The County Administrator is authorized and directed to determine the maturities of the bonds to be called for redemption, to irrevocably call for redemption the Refunded Bonds and to provide for notice of such redemption to be published or sent to the registered owners of the Refunded Bonds, as appropriate. 4. Sale of Series 1993 Bonds. The Board of Supervisors authorizes the sale of the Series 1993 Bonds in the aggregate principal amount to be determined by the County Administrator, but not to exceed the maximum amounts set forth in paragraph 1, to Alex. Brown & Sons Incorporated, Merrill Lynch & Co. and Scott & Stringfellow, Inc. ("Underwriters"). The County Administrator and the Chairman of the Board of Supervisors, or either of them, are authorized and directed to execute and deliver a Bond Purchase Agreement with the Underwriters, providing for the sale and delivery of the Series 1993 Bonds upon terms and conditions to be approved by such officers, provided that (i) the true interest cost of the Series 1993 Bonds shall not exceed 8.0%; (ii) the final maturity of the Series 1993 Bonds shall not be -3- ~-S later than the final maturity of the Refunded Bonds; and (iii) the sale price of the Series 1993 Bonds to the Underwriters, excluding original issue discount, if any, shall not be less than 97$ of the aggregate principal amount thereof. The approval of such officers shall be evidenced conclusively by the execution and delivery of the Bond Purchase Agreement by either of them. 5. Details of Series 1993 Bonds. The Series 1993 Bonds shall be issued upon the terms established pursuant to this Resolution and the Bond Purchase Agreement or such other terms as may be set forth by subsequent resolution of the Board of Supervisors. The Series 1993 Bonds shall be issued in fully registered form, shall be dated March 15, 1993, or such other date as the Director of Finance may approve, shall mature in the years and amounts set forth in the Bond Purchase Agreement, shall bear interest payable semi-annually at the rates set forth in the Bond Purchase Agreement, shall be in the denominations of $5,000 each or whole multiples thereof and shall be numbered from R-1 upwards consecutively. The County Administrator is authorized and directed to approve such optional redemption provisions for the Series 1993 Bonds as he determines to be in the best interest of the County. 6. Form of Series 1993 Bonds. The Series 1993 Bonds shall be in substantially the form attached to this Resolution as Exhibit B, with such appropriate variations, omissions and insertions as are permitted or required by this Resolution or subsequent resolution of the Board of Supervisors. There may be -4- ~.~5 endorsed on the Series 1993 Bonds such legend or text as may be necessary or appropriate to conform to any applicable rules and regulations of any governmental authority or any usage or requirement of law with respect thereto. 7. Printed or Book-Entry-Only Form. The Series 1993 Bonds shall be issued in book-entry-only form. The Series 1993 Bonds shall be issued in fully-registered form and registered in the name of Cede & Co., a nominee of The Depository Trust Company, New York, New York ("DTC") as registered owner of the Series 1993 Bonds, and immobilized in the custody of DTC. One fully- registered Series 1993 Bond in typewritten or printed form for the principal amount of each maturity of the Series 1993 Bonds shall be registered to Cede & Co. Beneficial owners of the Series 1993 Bonds shall not receive physical delivery of the Series 1993 Bonds. Principal, premium, if any, and interest payments on the Series 1993 Bonds shall be made to DTC or its nominee as registered owner of the Series 1993 Bonds on the applicable payment date. Transfer of ownership interest in the Series 1993 Bonds shall be made by DTC and its participants (the "Participants"), acting as nominees of the beneficial owners of the Series 1993 Bonds in accordance with rules specified by DTC and its Participants. The County shall notify DTC of any notice required to be given pursuant to this Resolution or the Series 1993 Bonds not less than fifteen (15) calendar days prior to the date upon which such notice is required to be given. The County shall also -5- ~S comply with the agreements set forth in the County°s Letter of Representations to DTC. Replacement Bonds (the "Replacement Bonds") shall be issued directly to beneficial owners of the Series 1993 Bonds 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 Series 1993 Bonds; 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 beneficial owners of the Series 1993 Bonds or the County 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 Board of Supervisors shall execute and deliver Replacement Bonds substantially in the form set forth in Exhibit B attached hereto to the Participants. In the event the Board of Supervisors, in its discretion, makes the determination noted in (i) or (iii) above and has made provisions to notify the beneficial owners of the Series 1993 Bonds by mailing an appropriate notice to DTC, the appropriate officers and agents of the County shall execute and deliver Replacement Bonds substantially in the form set forth in Exhibit B attached hereto to any Participants requesting such Replacement Bonds. Principal of and interest on the Replacement Bonds shall -6- ~i~ be payable as provided in this Resolution and in the Series 1993 Bonds and such Replacement Bonds will be transferable in accordance with the provisions of paragraph 11 and 12 of this Resolution and the Series 1993 Bonds. S. Appointment of Bond Registrar and Paying Accent. The County Administrator is authorized and directed to appoint a Bond Registrar and Paying Agent for the Series 1993 Bonds. The Board may appoint a subsequent registrar and/or one or more paying agents for the Series 1993 Bonds by subsequent resolution and upon giving written notice to the owners of the Series 1993 Bonds specifying the name and location of the principal office of any such registrar or paying agent. 9. Execution of Series 1993 Bonds. The Chairman of the Board of Supervisors and the Clerk of the Board are authorized and directed to execute appropriate negotiable Series 1993 Bonds and to affix the seal of the County thereto and to deliver the Series 1993 Bonds to the purchaser thereof upon payment of the purchase price. The manner of execution and affixation of the seal may be by facsimile, provided, however, that if the signatures of the Chairman of the Board of Supervisors and the Clerk are both by facsimile, the Series 1993 Bonds shall not be valid until signed at the foot thereof by the manual signature of the Bond Registrar. 10. CUSIP Numbers. The Series 1993 Bonds shall have CUSIP identification numbers printed thereon. No such number shall constitute a part of the contract evidenced by the Bond on which -7- ~5 it is imprinted and no liability shall attach to the County, or any of its officers or agents by reason of such numbers or any use made of such numbers, including any use by the County and any officer or agent of the County, by reason of any inaccuracy, error or omission with respect to such numbers. 11. Registration Transfer and Exchange. Upon surrender for transfer or exchange of any Series 1993 Bond at the principal office of the Bond Registrar, the County shall execute and deliver and the Bond Registrar shall authenticate in the name of the transferee or transferees a new Series 1993 Bond or Series 1993 Bonds of any authorized denomination in an aggregate principal amount equal to the Series 1993 Bond surrendered and of the same form and maturity and bearing interest at the same rate as the Series 1993 Bond surrendered, subject in each case to such reasonable regulations as the County and the Bond Registrar may prescribe. All Series 1993 Bonds 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 Bond Registrar, duly executed by the registered owner or by his or her duly authorized attorney-in-fact or legal representative. No Series 1993 Bond may be registered to bearer. New Series 1993 Bonds delivered upon any transfer or exchange shall be valid obligations of the County, evidencing the same debt as the Series 1993 Bonds surrendered, shall be secured by this Resolution and entitled to all of the security and -S- ~'"'~ benefits hereof to the same extent as the Series 1993 Bonds surrendered. 12. Charges for Exchange or Transfer. No charge shall be made for any exchange or transfer of Series 1993 Bonds, but the County may require payment by the registered owner of any Series 1993 Bond 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 Series 1993 Bond. 13. Non-Arbitrage Certificate and Tax Covenants. The County Administrator and such officers and agents of the County as he may designate are authorized and directed to execute a Non- Arbitrage Certificate and Tax Covenants setting forth the expected use and investment of the proceeds of the Series 1993 Bonds and containing such covenants as may be necessary in order to comply with the provisions of the Internal Revenue Code of 1986, as amended ("Code"), including the provisions of Section 148 of the Code and applicable regulations relating to "arbitrage bonds." The Board covenants on behalf of the County that the proceeds from the issuance and sale of the Series 1993 Bonds will be invested and expended as set forth in the County's Non- Arbitrage Certificate and Tax Covenants, to be delivered simultaneously with the issuance and delivery of the Series 1993 Bonds and that the County shall comply with the other covenants and representations contained therein. 14. Disclosure Documents. The Chairman of the Board of Supervisors and the County Administrator, or either of them, and -9- ~5 such officers and agents of the County as either of them may designate are hereby authorized and directed to prepare, execute and deliver an appropriate preliminary official statement, official statement or such other offering or disclosure documents as may be necessary to expedite the sale of the Series 1993 Bonds. The preliminary official statement, official statement or other documents shall be published in such publications and distributed in such manner and at such times as the Director of Finance shall determine. The Director of Finance is authorized and directed to deem the preliminary official statement "finale for purposes of Securities and Exchange Commission Rule 15c2-12. 15. Further Actions. The Chairman of the Board of Supervisors and the County Administrator and agents of the County as either of them may d~ authorized and directed to take such further necessary regarding the issuance and sale of Bonds and all actions taken by such officers connection with the issuance and sale of the are ratified and confirmed. such officers and ~signate are action as they deem the Series 1993 and agents in Series 1993 Bonds 16. Effective Date; Applicable Law. In accordance with Section 15.1-227.2 of the Act, the Board of Supervisors elects to issue the Series 1993 Bonds pursuant to the provisions of the Public Finance Act of 1991. This Resolution shall take effect immediately . -10- ~s Adopted by the Hoard of Supervisors at a meeting duly called and held on March 23, 1993 Clerk, Board of Supervisors, County of Roanoke, Virginia -11- ~""~ Exhibit A County of Roanoke Water Improvement Bonds, Series 1977 County of Roanoke $8,500,000 Public Improvement Bonds, Series 1980 County of Roanoke $10,000,000 Public Improvement Bonds, Series 1982 County of Roanoke $15,000,000 General Obligation Public Improvement Bonds, Series 1986 County of Roanoke $4,700,000 General Obligation Bond, Series 1988A County of Roanoke $15,000,000 General Obligation Water System Bonds, Series 1991 ~~- EXHIBIT B UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA No. R- COUNTY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT AND REFUNDING BOND, SERIES 1993 MATURITY DATE INTEREST RATE CUSIP REGISTERED OWNER: PRINCIPAL AMOUNT: COUNTY OF ROANOKE, VIRGINIA ("County"), for value received, acknowledges itself indebted and promises to pay to the registered owner of this Bond or legal representative, the principal amount stated above on the maturity date set forth above and to pay interest on the principal amount of this Bond at the rate specified above per annum, payable semiannually on June 1 and December 1, beginning on 1, 1993. This Bond shall bear interest (a) from April 1, 1993, if this Bond is authenticated before December 1, 1993 or (b) otherwise from the June 1 or December 1 that is, or immediately precedes, the date on which this Bond is authenticated; provided that, if at the time of authentication of this Bond, interest on this Bond is in default, this Bond shall bear interest from the date to which interest has been paid. Both principal of and interest on this Bond are payable in lawful money of the United States of America. The principal of this Bond is payable upon presentation and surrender hereof at the office of the County's Director of Finance, Roanoke, Virginia as Bond Registrar and Paying Agent ("Bond Registrar"). Interest on this Bond is payable by check or draft mailed to the registered owner hereof at its address as it appears on the registration books maintained by the Bond Registrar without presentation of this Bond; provided that as long as Cede & Co. is the registered owner of this Bond, interest shall be paid by wire transfer. All interest payments shall be made to the registered owner as it appears on the registration books kept by the Bond Registrar on the fifteenth day of the month preceding each interest payment date. This Bond has been duly authorized by the Board of Supervisors of the County and is issued for the purpose of providing funds to pay the costs of certain public improvements and to refund a portion of certain of the County's outstanding general obligation bonds. The full faith and credit of the County are irrevocably pledged for the payment of the principal of and premium, if any, and interest on this Bond in accordance with its terms. G.. -~~ This Bond is one of a series of $ General Obligation Public Improvement and Refunding Bonds, Series 1993 of the County, ("Bonds") of like date and tenor, except as to number, denomination, rate of interest and maturity, issued under the authority of and in full compliance with the Constitution and statutes of the Commonwealth of Virginia, and, more particularly, issued pursuant to the Public Finance Act of 1991, Chapter 5.1 of Title 15.1 of the Code of Virginia of 1950, as amended and a resolution adopted by the Board of Supervisors on March 23, 1993 ("Resolution"). Bonds maturing on or before June 1, are not subject to redemption before maturity. Bonds at the time outstanding which are stated to mature on or after June 1, may be redeemed before their maturities on or after June 1, at the option of the County in whole or in part (in installments of $5,000) at any time or from time to time during the following redemption periods upon payment of the following redemption prices (expressed as a percentage of the principal amount to be redeemed) together with the interest accrued thereon to the date fixed for redemption: Redemption Period (both dates inclusive) Redemption Price June 1, through May 31, June 1, through May 31, June 1, and thereafter The Bonds maturing on June 1, are required to be redeemed in part before maturity by the County on June 1 in the years and amounts set forth below, at a redemption price equal to the principal amount of the Bonds to be redeemed, plus accrued interest to the redemption date: Year Amount If less than all of the Bonds are called for redemption, the maturities of the Bonds to be redeemed shall be selected by the Director of Finance of the County in such officer's discretion. If less than all of the Bonds of any maturity are called for redemption, the Bonds or portions thereof to be redeemed within a maturity shall be selected by lot by the Bond Registrar, each portion of $5,000 principal amount being counted as one Bond for such purpose. -2- ~~ If any of the Bonds or portions thereof are called for redemption, the Bond Registrar shall send notice of the call for redemption identifying the Bonds by serial or CUSIP numbers, and in the case of partial redemption, identifying the principal amount to be redeemed, and identifying the redemption date and price and the place where Bonds are to be surrendered for payment, by first class mail not less than 30 nor more than 60 days before the redemption date to the registered owner of each Bond to be redeemed at such owner's address as it appears on the registration books maintained by the Bond Registrar, but failure to mail such notice shall not affect the validity of the proceedings for redemption. Provided funds for their redemption are on deposit at the place of payment on the redemption date, all Bonds or portions thereof so called for redemption shall cease to bear interest on such date, shall no longer be secured by the Resolution and shall not be deemed to be outstanding. If a portion of this Bond shall be called for redemption, a new Bond in principal amount equal to the unredeemed portion hereof will be issued to the registered owner upon the surrender of this Bond. The Bonds are issuable as fully registered bonds in denominations of $5,000 and integral multiples thereof. Any Bond may be exchanged for a like aggregate principal amount of Bonds of the same maturity of other authorized denominations at the principal office of the Bond Registrar. This Bond may be transferred only by an assignment duly executed by the registered owner hereof or such owner's attorney or legal representative in a form satisfactory to the Bond Registrar. Such transfer shall be made in the registration books kept by the Bond Registrar upon presentation and surrender hereof and the County shall execute, and the Bond Registrar shall authenticate and deliver in exchange, a new Bond or Bonds having an equal aggregate principal amount, in authorized denominations, of the same form and maturity, bearing interest at the same rate, and registered in names as requested by the then registered owner hereof or such owner's attorney or legal representative. Any such exchange shall be at the expense of the County, except that the Bond Registrar may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The County may designate a successor Bond Registrar and/or paying agent, provided that written notice specifying the name and location of the principal office of any such successor shall be given to the registered owner of the Bonds. Upon registration of transfer of this Bond, the Bond Registrar shall furnish written notice to the transferee of the name anti location of the principal office of the Bond Registrar and/or the paying agent. -3- ~~~ The Bond Registrar shall treat the registered owner as the person exclusively entitled to payment of principal and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as the owner on the registration books on the 15th day of the month preceding each interest payment date. This Bond shall not be valid or obligatory for any purpose unless and until authenticated at the foot hereof by the Bond Registrar. It is hereby certified and recited that all acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to the issuance of this Bond have happened, exist or been performed in due time, form and manner as so required and that the indebtedness evidenced by this Bond is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia. IN WITNESS WHEREOF, the Board of Supervisors of the County of Roanoke, Virginia, has caused this Bond to be signed by the facsimile signature of its Chairman, a facsimile of its seal to be affixed and attested by the facsimile signature of its Clerk and this Bond to be dated 1, 1993. COUNTY OF ROANOKE, VIRGINIA By Chairman, Board of Supervisors, County of Roanoke, Virginia [SEAL] ATTEST: Clerk, Board of Supervisors County of Roanoke, Virginia -4- '"" ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE. OF ASSIGNEE) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: the within Bond and does hereby irrevocably constitute and appoint attorney, to transfer said Bond on the books kept for registration of said Bond, with full power of substitution in the premises. Dated Signature Guaranteed: (NOTICE: Signature(s) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company.) Registered Owner (NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the books kept for registration of this Bond in every particular, without alteration or change.) -5- "~ CERTIFICATE OF AUTHENTICATION The undersigned Bond Registrar hereby certifies that this is one of a series of Bonds of the County of Roanoke, Virginia described in the within-mentioned Resolution. Authentication Date: Director of Finance, County of Roanoke, Virginia \ROANK\ROANK017.RS4 ACTION NO. ITEM N0. ° ~'~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 23, 1993 AGENDA ITEM: Requests for Public Hearing and First Reading for Rezoning Ordinances Consent Agenda COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND' The first reading on these ordinances is accomplished by adoption of these ordinances in the manner of consent agenda items. The adoption of these items does not imply approval of the substantive content of the requested zoning actions, rather approval satisfies the procedural requirements of the County Charter and schedules the required public hearing and second reading of these ordinances. The second reading and public hearing on these ordinances is scheduled for April 27, 1993. The titles of these ordinances are as follows: 1. An ordinance authorizing a Special Use Permit to expand an indoor archery club to construct an addition, located on Timberview Road, Catawba Magisterial District, upon the petition of Giles M. Gilley. 2. An ordinance to rezone 4.75 acres from I-2 to R-2, located at 1701 Underhill Avenue, Vinton Magisterial District, upon the petition of Roanoke County Planning Commission. 3. An ordinance authorizing a Special Use Permit to construct a religious assembly and community center, located on Branico Drive, Cave Spring Magisterial District, upon the petition of Jitendra Desai. 4. An ordinance authorizing a Special Use Permit to expand an existing church building for Sunday School rooms and fellowship hall, located at 8269 Bradshaw Road, Catawba Magisterial District, upon the petition of Warren E. Booth. }~l-5 5. An ordinance authorizing a Special Use Permit to allow the expansion of an existing church building and the future construction of related facilities, located at 312 Azusa Street, Hollins Magisterial District, upon the petition of Azusa Street Ministries. MAPS ARE ATTACHED; MORE DETAILED INFORMATION IS AVAILABLE IN THE CLERR~S OFFICE. STAFF RECOMMENDATION: Staff recommends as follows: (1) That the Board approve and adopt the first reading of these rezoning ordinances for the purpose of scheduling the second reading and public hearing for April 27, 1993. (2) That this section of the agenda be, and hereby is, approved and concurred in as to each item separately set forth as Items 1 through 5, inclusive, and that the Clerk is authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this action. Respectfully submitted, A~ ,Y,~ Paul M. Mahoney County Attorney Action Approved ( ) Denied ( ) Received ( ) Referred to Motion by Minnix Eddy Johnson Kohinke Nickens Vote No Yes Abs . q~-~ 3 . ~ • ROANORE COUNTY ~~,.,, I ` APPLICATION FOR SPECIAL USE 1. Applicant's Name: Address: GILES M. GILLEY Phone: PO BOX 1.3948 ROANOKE VA 2. Property owner's name 342-1831 Zip.. .24034 _,. .. SHERWOOD ARCHERS INC. Address : TIMBERVIEW ROAD _Phone: , ROANOKE VA Zip:.: 24019 3. Location of Property:. TIMBERVIEW ROAD Size of property 89 :acres/~,~^~. Size of proposed special exception use 4 . Tax Map # : 25.00-1-1, 4 Old Tax Map # acres/sq.ft. 5. Zoning Classification: AG3 6. Magi$terial District Location: CATAWBA 7. Existing Land Use: ARCHERY LtTB 8. Proposed Special Use: EXPANSION OF INDOOR RANGE BUILDING; CONSTRUCTION OF GREAT ROOM 9. Comprehensive Plan Designation: RURAL PRESERVE 10. Proposed Annual Gross Revenue: Value of Land Value of Proposed Buildings Value of Machinery & Tools ,Number to be Employed 11. Che\c/k Completed Items: n 8~" x 11" plot plan X Consultation List of adjacent property owners ~~ Letter of Application X Filing fee made payable to "County of Roanoke" . ''! $1,875 Special Use Permit for sanitary fill ~g~~ method garbage and refuse site t RECEIVED ^~ Q; $40 11 other Special ~ Uses ~ ~1C~N arcs. s ~~~.. PAID ~ 12. Date of Application: ? ~ '~;.,~,. ~ -~~r ~ ~ 13. Applicant's Signature: . , .. M- I ~~PZ~II~~' ~X.C.~PX~ ROANOKE, VIRGINIA February 5, 1993 Mr. Terry Harrington, Director Roanoke County, Dept. of Planning & Zoning Dear Mr. Harrington: The purpose of this letter is to explain our planned building expansion, of the existing indoor range, at Sherwood Archery Club. The expansion will be 27ft in length X 48ft in width. It's construction will be consistant with that of the existing, 36ft wide X 80ft long, building (cinderblock, concrete floor and frame roof). The addition will consist of: A) wens toilet, B) ladies toilet, C) storeroom and D) greatroom. A & B) the toilets, both wens and ladies, will have (1) commode and wash bason for the handicapped, and will be wheelchair accessible. C) the storeroom is for the safe keeping of club records and kitchen stock. D) tie great room is for club meetings and a congregating area during our club activities. It will have a fireplace and large windows, overlooking a playground area. Entry is walk in level and will be wheelchair accessible. The addition will disturb less than 500 sq/ft of grassy area with the balance being a existing graveled parking area. We are on private well and septic, but are presently using (2) outside toilets. On completion of the addition they will be removed and filled. On completion of the construction we will backfill to floor level, an area Eft wide and tapered off to the present grade, around the perimeter of the new construction. The addition will be approximately 300ft from our closest property boundry. Sherwood Archer Club is located on 87 acres of private property, and is open to its members and invited guest. We thank you for your favorable consideration of our building expansion. Very truly-yours, Sherwood Archers ~~ ~`l Giles M ey Range Captain f l~ y R 1\ IIO W z d J Z ..~ ~ 2 ~ [: ` W . \~ = , ~N ~. Z 1 ~ Q tt r ~~ ~ ., : ~ vm~- ~~; - _ ~ ~ 0. ' ~ Q( '~ F ~ ! t z 0 ~ ;v N r I 1 h~ ~ ff -~ ..., ~ N! NORTH - C~ y ai gauna~. W ,yrN ~ . P/0 IB W-1-1 I'•400' f~,EMA/~DEi~ o~ r'7-Zo Ak4 ! ``\ 47 tzvoac 6e~ MaD 25.20 1' • 100' Sn Map 2617 I. • ~. Sae Mao 2fi.03 I• • 200' 5~~ Mop 36.07 1.•~~ ~" * DEPARTMENT OF PLANNING .1, AGES 1~I • ~'/L LAY ~S'f~F,Pl~t/ooD ~~PCNE~S « ~ AND ZONING SPEC/AL USF ~E~2~/l/T .~, '? • sHooT/~~ ,~.a MBE y ~~~~~~ Date Rec .: ' •i~.. Received By: ? Case No.: Ord. No. v ROANOKE COUNTY REZONING APPLICATION 1. Owner's Name: Danny Ray & Deborah Wise ~-a Address : 1701 Underhill AV Roanoke VA 2. Applicant's Name: Roanoke County Planning Commission Phone: 772-2068 Address : C/0 Roanoke Co Dept of Planning and Zoning P 0 Rox ~~~3M RnlrP _ vA 3. Location of Property: 1701 Underhill Ave. Tax Map Number(s) : 70.11-1-2,3 4. Magisterial District: Vinton 5. Size of Property: Phone: 6. Existing Zoning: ~ ~ _ Existing Land Use: 7. Proposed Zoning: I2 Industrial Single Family Residential Proposed Land Use: Single Family Residential 8. Comprehensive Plan Designation: Rural Preserve 9. Are Conditions Proffered With This Request? Yes No xx (If you are voluntarily offering proffers as a part of your applica- tion, these proffers must be in writing. A member of the Planning Staff can assist you in the preparation of these proffers.) 10. Value of Land and (Proposed) Buildings: 1992 Assessment $71,500 11. The Following Items Must Be Submitted With This Application. Please Check If Enclosed. Application Will Not Be Accepted If Any Of These Items Are Missing Or Incomplete: Letter of Application Concept Plan Metes and Bounds Description List of Adjacent Owners of Property (Attach Exhibit A) Vicinity Map Application Fee ~ Written Proffers Water and Sewer Application (If Applicable) 12. Signature Of Property Owner, Contract Purchaser, Or Owner's Agent: Signature ~ ~ Date ~. /9 ~~ 4.75 acres County of Roanoke ~°~ Department of Planning and Zoning Memorandum TO: Planning Commission ~~, FROM: Terrance L. Harrington, AICP DATE: February 19, 1993 RE: Rezoning Application: Wise Property; Underhill Ave. On behalf of the Commission, I have initiated a rezoning application for a 4.75 acre parcel (2 lots) located at 1701 Underhill Avenue in the Vinton Magisterial District. The property is currently zoned I2 and is developed as a single family home. The property owner has contracted with a buyer for the sale of this home. The buyer is unable to obtain mortgage financing due to the I2 zoning. The rezoning action if approved, will rezone this tract back to Rl Single Family. After discussing this request with Harry Nickens, I have initiate the rezoning on your behalf. This is consistent with the three or four similar requests before the Commission in 1992. Please let me know if you have any questions. C:\WP51\PC\WLSE N-a ~\ ~ ~~ \~ ~~ 8 ~ \ ~M~41~1ln1~ ~op~'~Ti~S ~' / Ty ,n ~ aa,N ~UA~IoKE Ca. /~GAl~lnll/JC~ CoMit/r/SSIo~/ _. ~' ~~ DEPAR'I'P~NT OF PLANNING TM # 7D. /~ -- / - Z ~ 'JO.-~/- / -3 „1 ? . AND ZONING ~EZO~l//~/~.f' .Z 2 To T~2 5/. 7J`r f4GPE5 ~~ ~ ~ ~ 9~ ROANOKE COUNTY (,, ~. APPLICATION FOR SPECIAL -~PT"~' USE ' S'_ ~7j~=-~~~ Phone: ~J~~~- 3~/-5.~ l . Applicant's N/ame: ~, ~=~y Address: ~Y 77~ s ~-r~ ~z ~~~ T~ ~ i~C)/.~'i~ ~ ~-zL-e__--- ~ z ~ P: 2 4 0~~ ,- 2. Property owner's name Phone: ~ 2 ~ ~~- -7 , Address: f~2~ ~ -• 3. Location of Property:. ~2r9~-/~~ D ~/~l/1~ 76 3 S T~T~ '2v u Size of property ~~5~ acres/sq.ft. Size of proposed special exception use 9 Q .acres/sq.ft. 4 . Tax Map # : /OJ`~ O 0 ' ~ "~ '7 '~-'fi'x -~' # 5. Zoning Classification: ~~.~ 6. Magisterial District Location: ~Ad~ ~°~~N~ - 7. Existing Land Use: dl~,~S - 8. Proposed Special Exception Use: !C ~iC~ro/DC/~ ~SsE~G.~,~'~' 9. Comprehensive Plan Designation: ~i~,~ ,C ~2E~2-~~ - 10. Proposed Annual Gross Revenue: ~~/~ Value of Land 2U ~v"~ - Value of Proposed Buildings 2C7v ~~' Value of Machinery & Tools N /~ Number to be Employed N /2f 11. Check Completed Items: / 8~" x 11" plot plan Consultation / List of adjacent property owners `~ Letter of Application / Filing fee made payable to "County of Roanoke" $1,875 Special Use Permit for sanitary fill _ - method garbage and refuse site $ 4 0 All other Special ~~e~e/p-t-3-e~rr Use s 12. Date of Application: 19/ i'~ 13. Applicant's Signature: ~,~,~C%~~i10 _~' /' ` SHANTI NIKETAN (COMMUNITY CENTER/PLACE OF WORSHIP) The community of Americans of Indian heritage in the Roanoke valley comprises around sixty families. Most of us live in the county. One of our cherished dreams is to build a community center and place of worship that will enable us to carry on the Indian traditions in our adopted land and share this wealth with our children and grandchildren. The facility will be called SHANTI NIKETAN meaning peaceful abode'. In the true spirit of the name, we intend to be harmonious with our neighbors and not be disruptive.We plan to take adequate steps to safeguard public safety, public health and general welfare of the neighborhood. We envision a building upto 6,000 sq.ft. constructed area. The building will have adequate land on all sides ensuring privacy and sound buffer. We will provide appropriate landscaping to achieve this objective. The facility will have 2- levels and a 40-car parking lot with paved road.At present, we will finish the top level of this building. However, we retain the option to finish the basement level and add additional parking spaces ,if needed, at a later stage. It is our hope that this facility will fulfill the long felt need of our community to have a venue for social gatherings, cultural programs and place of worship. Chairman ~_... i''~`I'~C ~~ . 7eetu Desai 4985,Fox ridge Rd. Roanoke,Va. 24018 Secretary, ---- Dr. Rajiv Jain ~-3 Feb.17,1993. NS ~~ R ~0., ~•~O 4463 CLOVERDALE ROAD, ROANOKE, VA 24019 ROANOKE - (30TETOURT OFFICE (703) 977-1777 µ-3 ~.~~"~ lam, /94~' ~..~,~ t. ~ 7l r., f . 9e?? ~dme Si/w 1 6 SQuc~- 9 ~ 6,.. ~- C~~f~.z6 J~ a~ ~~sa ~z ,~F ~ ~~ ~ ~ ~~~a~~ ~a~ ~~~ ~...~~~ i.~„e~:~ R< ~ ray. cis coat ~,z~ ~"~ , ~.~~~,. ® IWM xW4xi OROIITUIIITI REALTOR•~ Tax map 105-02-77 Total 9.65 Acres it inia B.Meadow ~w~ Owners Raymond Land V g 1823 June Drive Roanoke,Virginia Phone 5620047 Under contract 4 Acres Subject to approval to build a building and use as a place for Religious Assembly.Jitendra S.Desai, Mukesh P.Patel,Himanshu S.Patel ~` , .9 ~ Q ~ ~` ' ~ ~ ~~ ~~ ~ ~ ~ ~ ~ ~~ r ,~~ • ~!~0 4 , ~ ~~~h ~ ~~ `x •' ~~~ v 11~ • ~+ ~ ~ ~!' ~ ` ~ 4 ~~ ~ ~ ~ , ~ ~ 1 ~ O ~! i ~ - ~ ~' \ ,N ~ ~ ` y ~ i ~ ~ ~ ~ ~ pa ~ ~ ~ ~ ~ ~ ~ ~` ~ \ ~~~ ~ ~ ~ cv .. ~ ~ f..~ ~ -- _ ~ ~ ~ - ~, ~ ~~~ ~ i ~ 1 '~ ~~b ~ r ~ ~ -- ~ v ~ / ~ m \ ~ r, ,~ ,, i , ~ \ ~ ' r t \ ` ` ~ ~ • ~ r •I ~ .. ~. E1~ s \ ... t" ~ / ~ Si. 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'~:a 59 __ ~~ ~ C ,\ c a~b»~~4c; 53 52 51 isc~:ir'ic \ 1 / :..~ ~ -(tl-. 50 54• T~CAI~[~1,L1~ .. I ...~~,J .. ,.. ~ CDuNr-y .162 ..~ b~1 I.. ....(~) _ :.65:.'C1 ~! ~L --~~o~E~T'I~ o~~D ~1 ~'- J To ~2T 221 _ ~ i \y ~ /° p°4" + DEPARTMENT OF PLANNIATG /irENr~R~ S'. ~ES.41 ~~ 71'M ~ /d5 00 - 2 - 1 ~ AND ZONING SpECI A L USE' BERM! T" ,,,, ~ELl4'~DllS ~4S'SE'MBLy ROANOKE COUNTY . APPLICATION FOR SPECIAL ^`Tf@N, USE 1. Applicant's Name: Wazren~E,~.Booth Phone: Address- 467 Dark Run Road ~, 268-1205 . ... .. Elliston, Virginia Zi ..._ .. P=.- 24087 - 2. Property owner's name Moores Chapel Church Address: Bradshaw Road Phone: 384--6972 Salem,Virgini:a Zip:_ 24153 3 . Location of Property: _ lot 1, Map of ~ a ld F RPP~TF]C S~ihr~ l vi c i ~ and a 0.47 Acre Tract Situated on Va. Sec Rt 622 and Rte 727 in C a Size of property 2 , 2 w :acres/-~-€~, G,pmb;nec~ Size of proposed special exception use 2~-OO -a,~=-=~/sq. ft. 4 . Tax Map # : ~ ~ , 00 - ~ - (~ , -~ 3~ (. Dlu ~f-i+~p~#-; 5. Zoning Classification: /-~~- 6. Magisterial District Location: ~~5. ~ xl4v ga 7. Existing Land Use: (_`,}-(-~,~cr~C H{ 8. Proposed Special Exception Use: TvE~il1~,L(s I~~SE~-(P,C`f - ~ C {-~ c~ ~. i2c~c,~-(s r F-~ Leo ~v s N i P ~-{ d~, (,L 9. Comprehensive Plan Designation: ~U2P.~_ ~~~i2~~ 10. Proposed Annual Gross Revenue: ~ ~~~ Value of Land =~ I~~~ Value of Proposed Buildings ~g Value of Machinery & Tools ~I.~ Number to be Employed t~~ 11. Check Completed Items: X82" x li" plot plan _~ Consultation t/~List of adjacent property owners ~ Letter of Application Filin fee made ~~ ~~ - ~_. g payable to County of Roanoke $1,875 Special Use Permit for sanitary__fill method garbage and; refuse site -~-- ~$40 All other Special ~i-~ Uses 12. Date of Application: 13. Applicant's Signature: M-y February 19, 1993 To Whom it May Concern: This letter is to notify you of our desire to add additional rooms to our church, Moore's Chapel Baptist. We wish to add four Sunday School rooms and a fellowship hall. There are several reasons why our church would like to have the additional rooms. The primary reason being that our church has grown considerably in the last year and there is simply not enough room to properly conduct our services. We currently have some Sunday School classes that have had to be combined due to lack of space. As you know, an overcrowed room is not conducive to learning. The additional Sunday School rooms would eliminate the overcrowding of these classes. Another reason is that the current fellowship hall is unable to meet the needs of our growing church. Many times when we have dinners or special events in the fellowship hall, people have to eat standing up because there is no room to sit down. At these times, all of our current Sunday School rooms and chairs are made available for the overflow. People still have to eat while standing. Finally, additional rooms would not only meet the needs of our church but also the needs of the community. When events happen that affect the people in the surrounding area, the Roanoke County Landfill for example, they often wish to meet at our church because of its location. The church fellowship hall is made available for these meetings. We feel that improvements to our church is also an improvement to the community. As such, we would like to be able to provide the best possible facility. We ask that the special use permit be granted for the reasons outlined above. Should you have any additional questions, please contact me. I can be reached at (703? 268-1205. Sincerely, ~~N~ ~.h G ~~ ~~f ~" ~ Warren E. Booth, Pastor Moore's Chapel Baptist Church N-Y ~_ OL 0 OL mg N T 0 ac U d n I Los 2, CLAIRE E. REEYE9 sI~m91oN PROPERTY OF CIAIDE E. REEYE9 P. O. BOX 1155 COLU'ffi19, GA 31902 P. B. 10, RG. 54 TAX No. 41ID0-2-13 IOPED A5-3 U5E: RE9tDENTIAL _ti~ .--6K~T D19TANCE ~~~~ f~_ s,~{T DI9TANGE~ PROPEItTt' OP ARCHIE ELulOOO 1 L011A NMET 8306 BRADSFIAW ROAD 9ALEM, YA 7453 TAX No. 41~0•I.6 IArED AG-3 USE: RESIDENTIAL PROPERTY OF h1001pE'S GNApE1 CNRCJ TAX No. 41IDp-0-131 ~ ZCPED AG-3 l19 AGRE9 U9E: CHt1RCH ~~~- _~R0-'~- Yq ~ No. 622 BRADSNaU1 ROAD 5O' RA0 PROPERTY OF MATNARD O. AND ELIZABETH GOMER 593b BRA06FLU11 ROAD 6ALf11, VA 24153 7AX No. 41)00.1-9 IOAEp Ata-3 USE. RE9tDENTIAL ~S ~~~,v F H ~~ jY~~ $~~~ PaEPARFp BY KN4E'1' SHANE AND ASSOCIQTE9, A7aCIJiT~TS. 5.4LF+1. ylpr=polA MOORE'S CHAPEL CHURCH CONCEPT PLAN SCALE 1" = 60.ID' FEBRUARY 19, 1993 EXISTPIG BUILONG AREA 3]OD bG FT. a NE01 ADDITK>rl AREA AIO 6Q FT. ', 44 I 4. ~ ~' p PSG .J I Sn 31 \ B60 ~ ~' / 620 62 9 / ~t~ a S~ 620 0 W 7e5 5 V ~.~~ ~ O 69] 622 GP~P~e ]e3 ... ]33 705 t Qp~y~S trO ~\q ~ 619 ~ 622 ~0~1 ~ ~_..^ _ 5 A L E _. 14 VICINITY MAP ' ~l 30 Iso oo do a ~~ `~ \ ~ ` ++ 28 > \7 " \~ \~~ ° 1604 ~~ rtes isodc~ ' u ~7 7 ~' usa - L 30_ 2g `'C. ~.. Ip~ ~~ ~ :29.1:__ v a 29 2 \ ~ \ e~ Io - ~ .. ze 7z ac 2 a ~- ~- 6324 _ . \ b'~' \ ~ . Y. \ P _ e `~ _ i , > Oo 2 : ,.'3' i \ \ \\ I30 ~ 132 dcICl \ C\~~ \ 1 ]240 ~ 7 1, 1 ~_ ~ \ '-` 5331 do ~ J I ` ~ \` \ I I 1 1683' \ c I --__ 1 ~~\ I \ `~\ ~ \ P/0 53.00- ~~..~ I-8 I \ 3 I ~~ ~~ ~~~ ~~~ y , - . ~o `\ °: t~ ao,N DEPARTf~NT OF PLANNING wAFZ~EIv ~. SDDTh/ /~lOdR,ES Cty~j~'L. C'~URCf/ ~ AND ZONING ~SP.EC/.QL USE P~'~ ~ T ~ ~ Z r /3' / .~ ,~~ ~'EU~'/p[/s ~4ssE-i~1,8G y ~~~~~ vC eta 81 62B b B Ii7 11 M OAN~ ;- r 0 ROANOKE COUNTY APPLICATION FOR SPECIAL -£~~1I~?' USE /~-.5 1. Applicant's Name: Trustees of Azusa Street Ministries, Yhbne: 366-0494__ U.P.C.I. Address: 312 Azusa Street, Roanoke, VA 24019 Zip'. 2. Property owner's name Trustees of Azusa Street Ministries U.P.C.I. Address: 312 Azusa_ Street, Roanoke, VA 24019 _Phone: 366.-0494 Zip: 3. Location of Property: , _312 Azusa street Size of propert; 11.8 acres acres/sq.ft. Size of proposed special exception use 11.8 acres acres/sq.ft. 4 . Tax Map # : 26.16-2-12 and 13 5. Zoning Classification: Old Tax Map #: Residential District R-1 6. Magisterial District Location: Hollins 7. Existing Land Use: Religious Assembly 8. Proposed Special Exception Use: Religious Assembly,Auditorium, gymnasium and outdoor recreation area. 9. Comprehensive Plan Designation: 10. Proposed Annual Gross Revenue: Development Not Applicable Value of Land Not Applicable Value of Proposed Buildings Not Applicable Value of Machinery & Tools N/A 11. Check Completed Items: xx g~~~ x 11" plot plan Number to be Employed N/A xx Consultation xx List of adjacent property owners xx Letter of Application xx Filing fee made payable to "County of Roanoke" $1,875 Special Use Permit for sanitary fill_ method garbage and. refuse site f $40 All other Special ~e~egti-err Uses 12. Date of Application: Febru 23, 1993 13. Applicant's Signature: ~, ~2 ~-y~ Trustees of Azusa Street IXHIBIT A nistries, U.P.C.I. ~-5 M#146818 BEGINNING at an iron pin on the southerly side of Olsen Road (Virginia State Secondary Route 1832) and corner to property now or formerly of the Commonwealth of Virginia, said point being 165 feet, more or less, from the intersection of Olsen Road and Alpine Road; thence S. 50° 39' E. 125 feet to an iron pin; thence S. 37° 55' W. 27.04 feet to an old iron pin; thence S. 48° 58' E. 258.57 feet to an iron pin; thence S. 50° 50' W. 100 feet; thence S. 48° 58' E. 100 feet to an iron pin; thence S. 50 50' W. 103.65 feet to an iron pin; thence S. 37° 00' W. 697.12 feet to an iron pin; thence N. 57° 00' 43" W. 326.20 feet to an old iron pipe and corner post; thence S. 49° 42' 43" W. 200.41 feet to a corner post; thence N. 39° 12' 42: W. 200.54 feet to a corner post; thence N. 53° 17' 36" E. 271.27 feet to a corner post; thence N. 40° 33' 32" E. 663.45 feet to an iron pin on the southerly side of Olsen Road; thence with Olsen Road and with a curve to the left the radius of which is 360.35 feet, the tangent 31.03 feet, and the chord and distance is N. 44° 16' 20" E. 61.84 feet, an arc distance of 61.92 feet to the place of BEGINNING, and being all of Parcel No. 1 containing 10.708 acres as shown on a Plat of survey prepared for Trustees of First United Pentecostal Church by Jack G. Bess, C.L.S. dated May 3, 1978, a copy of which is attached to this deed and made a part hereof; and BEING the same property conveyed to Trustees of First United Pentecostal Church by deed from Gene D. Whitlow, Executor, dated May 11, 1978, of record in the Clerk's Office of the Circuit Court of Roanoke County, -- Virginia, in Deed Book 1093, page 87. IXHIBIT B ~-5 BEGINNING at an old iron pin on the southerly side of Olsen Road (Virginia State Secondary Route 1832) and corner to property now or formerly of James R. Crawford and Thelma E. Crawford; thence with the line of said Crawford, S. 40° 33' 32: W. 446.38 feet to an iron pin; thence continuing with Crawford property, S. 21° 30' E. 94.80 feet to a corner post and corner with the property of the G.L. Whitlow estate; thence with the line of the Whitlow estate property, N. 40° 33' 32" E. 663.45 feet to an iron pin on the southerly side of said Olsen Road; thence with said Olsen Road and with a curve to the right the radius of which is 360.35 feet, the tangent 109.79 feet and the chord and distance N. 66°'08' 19" E. 210.04 feet, an arc distance of 213.13 feet to the place of BEGINNING, and being all of Parcel No. 2 containing 1.104 acres as shown on a plat of survey prepared for Trustees of First United Pentecostal Church by Jack G. Bess, C.L.S., dated May 3, 1978, a copy of which is recorded with the deed from Gene D. Whitlow, Executor, to the Grantees herein recorded immediately prior to this deed; and BEING the property conveyed to the Trustees of First United Pentecostal Church by deed from Gene D. Whitlow and Anne B. Whitlow, his wife, dated May 12, 1978, of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1093, page 85; and M#146818 ~-' ~~ J ~ O r "'rte. Y `~ ~ .,.ri ,.~ COPT gYr.RJ, f~ V ~ \_ Ili .~"''' .,`Il~~~ v , ~E~~ ~ , J~ ~ \IIRRL 1NN ~ ~ .aTER FILTRATION PLANT. u i '` N`'"'"~ ^T~""~~.,,)pJ,~, • 815 / _. \ s' ~~--~~..~~LL !~' ~'^'- HOILINS EXIT 4 ~-=' Q v ~~,\\ -Y=• P ~p ~ p~ ?4020 ~l 0 S `~~ -:--" - ~~ ~, ~ ~ ~~,,P o~y + ° T~1 NGTON F~ r LN. HoLUNS coLLE w' SUBJECT ~ `~ ~' ~, ~ ffr ~ - ~ STS. 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R IV .. _"'_-. o, ~.. 4/ ... ~nRl3 n. ~ _.. 1 r r 1 1.1 0 ' II.GOae I 1 ~:. r. e b 3 r ^ ~ ` 4 i ~ ~~rn,wo 2 _ ? 4 `'° 1~ °•. orn. o \ ., n P _ T c IB "4 ~~ ~~ ~ IAN .t r1 S s• • y ~ \ Ar t n rBJ2 ~~ r ho \ ` \ 4 6 i 'c '"''- ~ '~ ~e0 S \ ~ \ ~ a ~ I9 ,~ t ~ ~~ •q 8 •t hr4, +,~ ~ 9 o M ,,, ~ ,. ~, 1 6 \ ~' r O S ! 13 • 93ac \ \ 7 \ ' r ~~ y p ti ^b \ ~r .. \ , ` y - , ~ r \ y / e Ch \ y 11 \/ ,, an 12 ~ / \ ~ / ~~ e ~ ~ ~ / l 1 ogee ,~ ~ e '~ ° ' / ~ ~ i r ~ ~ ~ \ • ~ ~ - ~ u SUBJECT ~ ~'• PROPERTY p 17 t.r 12 7 09ac ~ 1 6.00 k I.OOae N \ -Q frp 11^rrI PerNerrlN CaoreA 16 - r, r 3 ~' 3'7Oa` SUBJECT 2 s I ~ ~ ' ~ •~ °r e^ s PROPERTY ~ 10 ~ e'" ~T. elO~t 0 ~ ~nrr -~,.. Seorr ry 9 ~+ 13 6 score \ 1' O 105 ~{- S i : er erc 10 r. 5' 6 ~~7. •. I I~rOO 5 , 11 r , ~B'•9- s • •, ,.~ 5 ` +~ ~• 6 7 . 1e 'J~.~ '• a ~` \ 18.19 ,• 18 ~ I _ 20 '1 ¢~ .j,r I ,. "~ :r P/026.20-2 7 2 29 b I• .100, , rr ..'S ...~ K y ~ r, i . 2s,e7rc I 'DO ru \' •~~ 2D, . . ~ _ $~ ' 31 , iI r •rR000 i. ~ ~ ~ 4'r, ~. ~ ~ ~ i \~ I pCHIBIT ~ \ ~ n . I c iEGEND roam 11 2~2 .~ pgOPEgTY IDENTIfN:AT10N MGP 2616 raM[aT• aw[ teYrr• lK ~~~ IYC[l CeairlWlilea "'~~ CKa11arT[e raara IT.frlt ua~a aoi ur[ --°-~- iew atK --•-- -atu 9aoea ro. (l ocaa aca[NL n.tet 6 ~ ROANOKE COUNTY , VIRGINIA a~w.rwo - ~-, air urt -•»- utu s.oi ro. ~ uuao araraar as9 nt 9 A IoQ__awo srraar ~~-^ - tire[a ro. na3s .oro :_ ~ woea uwi uaa --- a oan ar[rawr scr~~ _ -. _. .. raga ura -a -- rauraau enc. awa----- rer. uoea w. n coaaarru wc. roanlor rr.r. wer^ ~ ~ ••- 0 ~' ~' P ~ //. e' . UtPO, I ) / ~, ', i ,O k 9 .r 7 2 ~ ~ ; ~ la LOe 4c 6 ? ~ ~ '°o P~F +e P 6 i0gc a O ? P \ I P O 7 IOr / ~ ~ S +°, I ? i~ \ 6 O ~: 1 1 ~ F / a \ ~ ~ 'W . •F FP O 16 0 17 ~. S F qe 12 ~ F ~~ O ;P,/ 4 ~ 'O0 r 'rr~r r ° 10 ~ I 3 \ ~~•`, 13 ` 18 ~. \, 4~D~'.^ 14 ° / 190' • / ner\ •,a r ~ PrI/IIIlrrM GPYrtP r ~ f.Q ~.' \ r /. 21 q ~ . 1 , / ^~~ r \qO ?~ 8 X23 \`^ „ 'gy °oo :'a~ /^1 2 ,,. SUBJECT '° ~ g . ,: X27 ~ I ~ \,% 1. N PROPERTY 7 •' ~ \2° •~' •'" . BCBSo , \ ~\ Pic 4 w \28 ~» \' "' 35 • \r 6 ° \ X23 , "~,~ ,' ~ \ ~ `ey°r S4 aa, ~ \: esw ~\~ ~ X33' ~ .~ ,o.?„'~\~S~ \ti • . ,r. ~S .°° a ~ ~ _\ ~~~ \ y +\ 20 /B4r "4r ~ ~ S0~ \ ~ r Qir~ \ ~ ~ \r r \ I V. ,` fP 8 ~ n w S+ a., ,^~1 y7i\ \ `O \' ! / a.N r ~ + • / 2~ ~ \16 ~` \:' \37 ,, _~ +'» X61 \ 49` ., \ ,r \3~ \ 17 \ ~ \38 X47 \ `~^l B4r,' / ~ selu +'or .~ ~~ ° A ~ ~r8 ~ ~ ~ ~ ~ ~ ~. n~ ~ =\40 4S' Q \ ~ ~ ~ P y^ \'. a" ,. \ 'b ~ , ~ it ~+,\\ ~ / \ I eee~ ', n X41 \ ~ , \ __- , ~ X622 `' ~ ~ /p ~ rt. ~ ~ \ \ ~ ..t ROANpOKE COUNTY ~ VIRGINIA scut 1". 100' YN M7[ )`JI.[ N `~ LIST OF ADJACENT PROPERTY OWNERS AZUSA STREET MINISTRIES, U.P.C.I. Map No: 26.16-1-12 POWELL, W.T. JR. & DOUGLAS F. 7913 Olsen Rd. Roanoke, VA 24019 Map No: 26.16-1-13 OBENSHAIN, William Allan 4427 Kirkwood Dr., SW Roanoke, VA 24018 Map No: 26-16-1-11 HATFIELD, J.F. & Mary L. 7906 Olsen Rd. Roanoke, VA 24019 Map No: 26.16-2-15 CRAWFORD, JAMES R. & Thelma F. 8110 Bobby Drive Roanoke, VA 24019 Map No: 26.16-2-14 JONES, Mary Harris 6044 Peters Creek Rd., NW Roanoke, VA 24019 Map No: 27.13-6-5 Map No: 27.13-6-6 Map No: 27.13-6-8 Map No: 27.13-6-9 Map No: 27.13-6-10 Map No: 27.13-6-11 Map No: 27.13-6-12 M#146728 GRAHAM, Lynn Paul 1239 Vivian Avenue Roanoke, VA 24019 SMITH, Robert E. & Mildred K. 1247 Vivian Ave., NW Roanoke, VA 24019 WALDEN, Merle M. 1301 Vivian Avenue Roanoke, VA 24019 ROBINSON, Albert L. & Vicki W. 1313 Vivian Ave., NW Roanoke, VA 24019 ROBBINS, Elsie B. 1315 Vivian Ave., NW Roanoke, VA 24019 JOHNSON, Jeffrey F. & Donna J. 1325 Vivian Ave., NW Roanoke, VA 24019 REYNOLDS, Opal A. 1333 Vivian Ave., NW Roanoke, VA 24019 IXHIBIT E Map No: 27.13-6-13 Map No: 27.13-6-14 Map No. 27.13-6-1 Map No. 27.13-6-7 PARTLETON, Francis L. & Lance W. 1341 Vivian Ave., NW Roanoke, VA 24019 CUNDIFF, William E. & Frances N. 1347 Vivian Ave., NW Roanoke, VA 24019 GREEN RIDGE PRESBYTERIAN CH TR P.O. Box 7488 Roanoke, VA 24019 ROANOKE CO. BOARD OF SUPERVISORS P.O. Box 29800 Roanoke, VA 24018 M#146728 ~~~~i~ ~i~ ~3 ~NO$!~ 'I °- I I~ i r~ I 1 F .,~~, I -' i Q 2 1 ;.. •. . i i w i 0 !V~-Od Gp~~ p~ iM1~TI/Vq ~ I~ ~F ~F g ~F n n n n n ~~s ~rr_ R~4 ~~ -- ~~~C P1.~27R PLAN t{ EJ„~-~/ATION . xn 5~,~ ~~~ cor~cerr veare4oronervr AZUSb STKE$T MINI° ICS ~....~...~.~.._ ~7 ~S ~I' 3l0 ry~ II i _~ z ~' n _ F p I' EXHIBIT F r o~ m~s~~w~- ~ 33 3 ~~^ -~ -I /~+ ii0#~~D1~6 ~~ ca~0~-~ f11 ! 0 ~CE~p~~Y~m~6~33~,~n3pD0~~~i ~ ~p Z 0 ~'~~L~ai~~p«`I 1pmp-m~~~~ ci~y ~ ~ ~ D~ 3 Dg~~o~~-l~~O~~Dnne~O~~(1A0 ~ ~ ~~~ ~: ~ ~" F f~ ~S~~~Lmmm~,~r~ kC7J~$npC~~ L LL boo i Z~, / p1 :P tc r' ~.L ~i~j, ~ L~ -1 z L ~ ~' II n I' m a ~ P .. ~ ~~ $m pyn~ ~~ 0~ ~`~ ~ ~ u"5,:,''`F°Pr' Lei ~~mD Y ~ f~t' D ~ L~ E~ ~ ~ 1 '. ~ ti cr,Fty+ ~, mc"'~ b ~~~'~' 0 c rJ~Da ~ ~~ , p ~-Ic ~m ~ _ Q J s~ S ( p1 ~'Lv \ ~ L Q ~ ~ ~~ ~~ p ~!n~ ~ ~~ m ~ 1a~~a1s s3NOr \ ~~`\ ~ ~' Y S , _T .. D.~ ~ ~p 1 0 1 -1v I I npl ~ ~ - ~ ~ ~ ~ X _ ~ - - i r 1 - °-~ 1 1 ~ ~ tJWI H -w-°- 4 ~T ST#iEE'r5-~--~ C m--- 1 O ~, yr ml w---- _ 2 ~ £ ~,, a-,~._, _-.~~~ ~ ~_ ~ _ 8 ~ ~'__~ D ~ ~ i' 1 Lisa•e~~_~ ~8 ~ ~N~ ~ ~ ~ ~ 'L~. oq' m pu " ~ ~\xD~pz--- --~tisd O r ,JmC N~~~1~1 p ` m~~ `~' m -~~ ~ z$ ~ m0 ~ I w~ ° A O~tA m~c~Nm ~ `c_a ~ ~ ~W<S~ Po~~~ I z o ~s°S~o _o pmt LLL--- m z t" 2 N _ ~ °J -0~pr gr -~ `~ M~ D r ~ m / p ~ ~d~d m ~ ~ C z N D < ~ a.dO~ ,. W z~Z m D ~ o i~~ j~OO O O O O O G Rpm ° C Y n L7 ~ ~ ~~ ~ ~c c = ~ ~r ~p ~r ~ pz ~xc~ o in m m ~ ~~ ~ r ~~ 6~ n~ ~~ r~z~ ~O Z m m .Zi / <m m m m L~ m0 ~L '' '~3 n ~"~ 9 { ~ ~ O D~ 3 a ~ ~ ,n~ ~ ~ ° ~ 0 R~ b ~ ~ ~ ~ m ~~ ~ p po ~~ i~ a ~~"~ ~'' G7 ~ ~ P L [ mz 0~ J~p L mm30 ~ z..d Z 31 ~ ~ 3 3 °0 uD ~C L` ~a-Li ca . D n ~ a1 ~'a" rc ~\ ~DL ~ C7 -{ R1 Jl ~ m ~ ~ 0 ~ ~~ L J~ gv° ~ 0 J• ~ "'~ o ~ °~~ ~ Z T ~~ \ T1 r IXHIBIT G VIRGINIA: BEFORE THE PLANNING COMMISSION AND THE BOARD OF SUPERVISORS OF ROANOKE COUNTY IN RE: ) Application for Special Use ) LETTER OF APPLICATION Permit for 11.8+ acres of ) AND land located at 312 Azusa ) pETITION FOR SPECIAL USE Street bearing official tax ) nos. 26.16-2-12 and 26.16-2-13 ) TO THE HONORABLE PLANNING COMMISSION AND BOARD OF SUPERVISORS OF ROANOKE COUNTY: (1) The petitioner, Trustees of Azusa Street Ministries, U.P.C.I., is the owner of two adjacent parcels of land located at 312 Azusa Street in Roanoke County, Virginia containing a total of 11.8 ± acres bearing official tax nos. 26.16-2-12 and 26.16-2-13. (2) The property is currently zoned Residential District R-1 and is being used for religious assembly. The petitioner desires to immediately enlarge and enhance the church located on the property, as generally depicted in the attached Concept Development, Floor Plan and Elevation, and to construct an administration building, auditorium, gymnasium, outdoor recreational area and required parking in the future. The petitioner is advised that either the zoning must be changed to Residential District R-2, or a special use permit be obtained, in order for a building permit to be issued author- izing construction of the improvements to the church and the proposed future uses of the property. M#146728 (3) Your petitioner's property is generally bounded on the east and west by Residential District R-1, on the north by the property of Green Ridge Presbyterian Church and on the south by an undeveloped 23.47 tract of land zoned Residential District R-3 and Commercial District C-2. (4) The appearance of the petitioner's property will be greatly enhanced by the proposed use. The size of the property, 11.8 ± acres, the petitioner's continuing use and future commitment to the property, the location of the adjacent Presbyterian Church and the recent rezoning of the adjacent 23.47 acre tract from Residential District R-1 to Residential District R-3 and Commercial District C-2 indicate that the special use permit should be granted. The petitioner believes that its presence conforms with existing uses in the neighborhood and that the granting of a special use permit for the purposes indicated will stabilize the use of the property, allow it to act as a natural buffer and be a positive influence on the existing R-1 Residential and permitted R-3 Residential and C-2 Commercial uses in the immediate neighborhood. (5) The petitioner believes the issuance of the special use permit for the property will further the intent and pur- pose of the County's zoning ordinance and comprehensive plan. M#146728 (6) The following documents are attached hereto as lexhibits: a. Roanoke County Special Use Application; b. Meets and bounds description of property; c. Vicinity map; d. Pertinent portions of Roanoke County Property Identification Maps No. 26.16 and 27.13; e. List of adjacent property owners; f. Conceptual Development Plan for Azusa Street Ministries, Floor Plan and Elevation; g. Development of Concept, Azusa Street Ministries. Respectfully submitted, AZUSA STREET MINISTRIES, U.P.C.I. ~ D C 1. L ROCKY L. WILLIA S, Trustee ~, ,'i ~ ~ ~ ~ r, ' -% ALLEN COLLINS, Truste~ ~~ ( - ~ EMMETT R CLIF E, ru James F. Douthat, Esq. Bar No. 1191 WOODS, ROGERS & HAZLEGROVE Dominion Tower, Suite 1400 10 South Jefferson Street P.O. Box 14125 Roanoke, VA 24038-4125 (703) 983-7600 M#146728 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 23, 1993 AGENDA ITEM: ORDINANCE AUTHORIZING THE RELOCATION OF THE OFFICE OF THE GENERAL REGISTRAR FOR ROANOKE COUNTY AND, PURSUANT TO §§ 24.1-37 AND 24.1-233.1 OF THE 1950 CODE OF VIRGINIA, AS AMENDED, AUTHORIZING THE RELOCATION AND ESTABLISHMENT OF A CENTRAL ABSENTEE VOTER ELECTION DISTRICT IN THE ROANOKE COUNTY ADMINISTRATIVE OFFICES LOCATED AT 5204 BERNARD DRIVE IN ROANOKE COUNTY, VIRGINIA COUNTY ADMINISTRATOR' S COMMENTS : 2t~~~~~~,-rc-wr~ 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: §§ 24.1-37 and 24.1-233.1 of the 1950 Code of Virginia, as amended, authorize the relocation and establishment of a Central Absentee Voter Election District. The first reading of this ordinance will be held March 23, 1993; the second reading and public hearing will be held April 13, 1993. STAFF RECOMMENDATION: Staff recommends the adoption of the attached ordinance authorizing the relocation of the office of the General Registrar and the relocation and establishment of a Central Absentee Voter Election District pursuant to provisions of the State Code. 1 r-~ Respectfully submitted, ,.~ Paul M. Mahoney County Attorney 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 23, 1993 ORDINANCE AUTHORIZING THE RELOCATION OF THE OFFICE OF THE GENERAL REGISTRAR FOR ROANOKE COUNTY AND, PURSUANT TO §§ 24.1-37 AND 24.1-233.1 OF THE 1950 CODE OF VIRGINIA, AS AMENDED, AUTHORIZING THE RELOCATION AND ESTABLISHMENT OF A CENTRAL ABSENTEE VOTER ELECTION DISTRICT IN THE ROANOKE COUNTY ADMINISTRATIVE OFFICES LOCATED AT 5204 BERNARD DRIVE IN ROANOKE COUNTY, VIRGINIA WHEREAS, as a result of the acquisition of certain real estate and improvements for new office facilities for County government operations, the Electoral Board of Roanoke County recommended to the Board of Supervisors of Roanoke County the relocation of the Office of the General Registrar and the relocation and establishment of the Central Absentee Voter Election District to the Roanoke County administrative offices at 5204 Bernard Avenue for all elections held within Roanoke County. NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the first reading on this ordinance was held on March 23, 1993; and the second reading and public hearing was held on April 13, 1993. 2. That the relocation of the Office of the General Registrar and the relocation and establishment of the Central Absentee Voter Election District to the Roanoke County administrative offices at 5204 Bernard Avenue for all elections held within Roanoke County is hereby authorized and approved. 3. That the County Administrator is hereby authorized to take such actions and to execute such documents as may be necessary to accomplish these purposes, all upon form approved by the County Attorney. 3 ACTION NO. .--•- ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 23, 1993 AGENDA ITEM: ORDINANCE AUTHORIZING THE RELOCATION OF THE POLLING PLACE FOR THE CASTLE ROCK VOTING PRECINCT FROM THE CAVE SPRING FIRE STATION TO THE CAVE SPRING JUNIOR HIGH SCHOOL PURSUANT TO § 24.1-37 OF THE 1950 CODE OF VIRGINIA, AS AMENDED ~ ~~~~ COUNTY ADMINISTRATOR'S COMMENTS: _,.,,~„u,.-,.~~, r r BACKGROUND• At a meeting of the Roanoke County Electoral Board held on February 19, 1993, the Board voted to recommend to the Board of Supervisors that the voting place for the Castle Rock Precinct be moved from the Cave Spring Fire Department to the Cave Spring Junior High School. This move was requested in order to improve parking space availability during the election. There are 2,600 voters using this precinct. SUMMARY OF INFORMATION: §§ 24.1-37 and 24.1-233.1 of the 1950 Code of Virginia, as amended, authorize the relocation and establishment of polling places for the various election precincts within the County. The first reading of this ordinance will be held March 23, 1993; the second reading and public hearing will be held April 13, 1993. STAFF RECOMMENDATION: Staff recommends the adoption of the attached ordinance authorizing the relocation of the polling place for the Castle Rock Voting Precinct. Respectfully submitted, Q~ ~• Paul M. Mahoney County Attorney 1 4 Action Approved ( ) Denied Received Referred to Motion by vote No Yes Abs Eddy Johnson Kohinke Nickens Minnix 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 23, 1993 ORDINANCE AUTHORIZING THE RELOCATION OF THE POLLING PLACE FOR THE CASTLE ROCK VOTING PRECINCT FROM THE CAVE SPRING FIRE STATION TO THE CAVE SPRING JUNIOR HIGH SCHOOL PURSUANT TO § 24.1-37 OF THE 1950 CODE OF VIRGINIA, AS AMENDED WHEREAS, the Electoral Board of Roanoke County has recommended to the Board of Supervisors of Roanoke County the relocation of the polling place for the Castle Rock Voting Precinct from the Cave Spring Fire Station to the Cave Spring Junior High School for all elections held within Roanoke County. NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the first reading on this ordinance was held on March 23, 1993; and the second reading and public hearing was held on April 13, 1993. 2. That the relocation of the polling place for the Castle Rock Voting Precinct from the Cave Spring Fire Station to the Cave Spring Junior High School for all elections held within Roanoke County is hereby authorized and approved. 3. That the County Administrator is hereby authorized to take such actions and to execute such documents as may be necessary to accomplish these purposes, all upon form approved by the County Attorney. c:\wp51\agenda\general~reloeate.cav 3 Paul Mahoney O~ ROAN ,~,~ a z ~ ~~~~~ 13 BOARD OF ELECTIONS E. ELIZABETH LEAH GENERAL REGISTRAR H. Odell Minnix,Chairman and Members of the Board of Supervisors 3738 Brambleton Ave. Roanoke, Virginia 24018 Dear Mr. Minnix: ELECTORAL BOARD ARMAND L.SANDERSON CHAIRMAN WILTON B. JOHNSON VICE CHAIRMAN ELIZABETH W. STOKES SECRETARY At a meeting of the Roanoke County Electoral Board held on February 19, 1993 the Board voted to recommend to the Board of Supervisors that the voting place for the Castle Rock Precinct be moved from the Cave Spring Fire Department to the Cave Spring Junior High School. There is a problem with very little parking space available and voters must park on the street which creates a dangerous situation. This also hampers the Fire Department in their response to emergences. The Castle Rock Precinct is our largest precinct with 2,600 voters. The school will adequately meet the physical needs of this precinct. Mr. Mahoney will be presenting an ordinance to the Board on our behalf. Thank you for your attention to this matter. Please call Elizabeth Leah at 772-7500 if you have any question concerning this matter. Sincerely, m E1' abeth Stokes, Secretary cc: Elmer Hodge Paul Mahoney P.O. BOX 20884 ROANOKE, VIRGINIA 24018-0089 (703) 772-7500 FAX: (703) 772-21 15 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 23, 1993 AGENDA ITEM: ORDINANCE RESCINDING RESOLUTION 11988-2 AND AUTHORIZING THE LEASE OF REAL ESTATE, A PORTION OF THE BACK CREEK VOLUNTEER FIRE COMPANY PROPERTY (TAX MAP NO. 95.01-1-4.1) ~"OUNTY ADMINISTRATOR'S COMMENTS: Rernmmend approval. I prefer to have the Back Creek Fire Company handle all arrangements with the tenants. As such, I would like to delegate this to them with the understanding that they will comply with the guidelines rnntained in the attached ordinance. BACKGROUND• Lynn Thomas, Chief of the Back Creek Volunteer Fire Company, has requested permission to rent the house located behind the Back Creek Volunteer Fire Station (Company 11). In 1988, the County advertised the house for sale on two occasions and there were no bids received because of the high cost to move the house. At that time, the Back Creek Volunteer Fire Company requested that the County donate the house to them for demolition, and the Board adopted a resolution in support of the donation. However, no specific action was taken to donate the property at that time and the house was not demolished. It has now been empty for four years and the Fire Company has an opportunity to rent the house which will prevent further deterioration. They have agreed to be responsible for all liability and insurance. Attached is a copy of background information on action taken on November 9, 1988. SUNIl~IARY OF INFORMATION The County Attorney has developed a draft lease (copy attached). Also attached you will find Attachment A (a list of repairs) and memo dated 3/17/93 from the Back Creek Volunteer Fire and Rescue Company reflecting the company's support for this proposal. The Back Creek Volunteer Fire Company requests that the Board adopt an ordinance delegating to it the authority and responsibility to enter into this lease. In the alternative, staff has prepared an ordinance which retains the power and authority of the Board of Supervisors to select the tenant. Staff requests direction from the Board on which approach to utilize. 1 ~3 The first reading and public hearing of the prepared ordinance is scheduled for March 23, 1993; the second reading is scheduled for April 13, 1993. FISCAL IMPACTS' All rent proceeds shall be payable to the Back Creek Volunteer Fire Company. In addition, an abandoned structure on the property will be repaired and improved. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors approved the first reading and public hearing of the attached ordinance. Respectfully submitted, Paul M. Mahoney County Attorney Action Approved ( ) Denied ( ) Received ( ) Referred to Motion by cc: Chief Tommy Fuqua Vote No Yes Abs Eddy Johnson Kohinke Nickens Minnix 2 .~3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 23, 1993 ORDINANCE RESCINDING RESOLUTION 11988-2 AND AUTHORIZING THE LEASE OF REAL ESTATE, A POR- TION OF THE BACK CREEK VOLUNTEER FIRE COMPANY PROPERTY (TAX MAP NO. 95.01-1-4.1) BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading and public hearing on an ordinance concerning the lease of a portion of the Back Creek Volunteer Fire Company property was held on March 23, 1993. The second reading on this matter was held on April 9, 1993. 2. That Resolution 11988-2 adopted on November 9, 1988, be, and hereby is, rescinded. 3. That it is in the County's best interests to lease this property to In exchange for the authorization to utilize a portion of the Back Creek Volunteer Fire Company property and in addition to the monthly rental, the Tenant will undertake substantial and valuable improvements to this County real estate. 4. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish this transaction, all of which shall be upon a form approved by the County Attorney. c:\wp51\agenda\reales[\back.crk 1 Roanoke County Flre & Rescue Department Company 11 - Back Creek iYlEMORAMDUM ~~ ~- PND RFs ~~ o~A4R7M~r '('(]: FaC~~ThaUKE t:::L'1L.Ir~.iT4` Fir1CiRL) C)r ~II~'E:: RVT`='rC"1R5 ~ROr~: Rc~r-~i~or.+~ c~c~l_~rl-r~r r= T t~E:: €~ Rrs~::~_t;~ cuM~'F~ara~~ ~. i :~ha-.=~~. c.R~:~:Tr<; DATE: i~lar~ch 1"?, 1`_3~~;?, SUEiJECT: r='RCJF'05~D LE:AL=5I1'df:i ~lF~ F''RC~ir~'~R..r.Y DEJR T Itlt':~ "r'HE: M~1RCH 1 7°fFi DIJ~:i 1: NESS MEt~"! T NC:i Ft 1'~•) T ~iCUc:i~.i T l"~P•.1 wFaC~r•iE:l_L~ FiV "I'HE IYIF"MESE.RSH T r=' i=phi l"HE ~~jOUrr ~IJDJECT. 7"HE hiE~iL=~E r 4~i-i :C F' Wt=i~ ~-~t)V :C S1=t3 OF THE: CCJfU`<~i is DERf~T T Dt~l:~ P~Ir.~:C.>v.S~f~RY T~C:i L.E~t~3E. "r•HE. wH ]: T!=' E-1C~i_l~.~si^. C..C7CCa-r~E>:i FtT ~"r':1~:=~ L~E.IWT MtJU~I"i"t~Ti~! kuf~D RC!h71~lQN;f~, VTRU:i1VTr~ L~+~ii:~~. tar~i~(::R cuss T r~ERa~~._~ r~ T ;CaU~.3`~ I t~)N ,tsl' "I~ H~ Inr ri~.,E. r?SH T r=' !=' RE:4EN"r'a -1"H~ r° v~l_.Lt::~4J T ;~li.:; IYiCrrTt~ly wa~~ iYiHD~ a~Y RCa%r::i~z ~~~_~r f~~~ll ~,Er~Ca!~D rev >~c~>=~~ .~a~ir~~: ~~::HTC:_k- LYrai~l THl=ltrl~l8 CJR F.tU T L._D T i~ICy`-3 ~I~II::, c~k(::iUraii ~ C:)1= F~ T i~;f~:;~~: F{F= i=~ T v~.t~! r.E_IE: TC•I Fa!__L. I~cATI'C_F~k':3 ~1Lil"HIJR T TY 'TD hJ[=Cai~T T fl"i F (:.llr1 ..I..HE T•~F 1•-It~L_F= C:l±~~ l~t:lh~i-!~a!v~~ 1 ~. CU~+•l~:ERtoTNC -i"Ht~. l._Er-t~Th~ala t:]F• ~:iH1:P r--'RClF'EFs"r~Y> r! 41(.1 °rE.. fi`r` `:~F-sC)w t'~3~: HF~~1vI:1J9 iJ!~Iflhi T MCaIJ~L_Y Ar='a'rt{:1VE:C) '1-i•-I'1''.:a MC.~T T ~1R. RE~.ii='ETC"('F~ LiLL.Y ~•+L7£i~1 T "r'TSTr?. r 'l ww~lvr7ra w. ~r~in.- sic R~."r~r;11~~v w T ~rr;l_:~:~ e , ~;~ ~ ' •; ~ ~` I~ ni F? . " F-i CJ M A ~ , t.:.!-i T E- ~: P.Q. Box 4364 Roanoke, Virginia 24015 EMERGENCY - DIAL 3-1-1 ."~`-~ _ y _' -c, AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON WEDNESDAY, NOVEMBER 9, 1988 RESOLUTION 11988-2 SUPPORTING THE DONATION OF A HOUSE TO BACK CREEK VOLUNTEER FIRE .COMPANY WHEREAS, property purchased by Roanoke County for the construction of a Back Creek Fire Station includes a house; and WHEREAS, County staff has determined that the house cannot be utilized and that it must be moved or demolished to allow construction of the fire station; and WHEREAS, County's Procurement Department has advertised the house for sale; and WHEREAS, no bids were received due to the excessive costs associated with moving the house; and WHEREAS, the Back Creek Volunteer Fire Company has requested that the County donate the house to them for demolition. NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke County, Virginia, that said Board supports the donation of the house to the Back Creek Volunteer Fire Company for demolition thereof on or before December 15, 1988. On motion of Supervisor Garrett, seconded by Supervisor Robers and carried by the following recorded vote: AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett NAYS: None A COPY TESTE: ./~' Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors ~3 cc: r^ile T. C. Fuqua, Paul Mahoney John Willey, Reta Busher, Diane Hyatt, Chief of Fire & Rescue County Attorney Director, Real Estate Director, Management & Director, Finance Department Assessment Budget 2 ACTION # ITEM NUMBER ~~----- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 9, 1988 SUBJECT: Donation of House to Back Creek Fire Company COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Property purchased for the construction of Back Creek Fire Station includes a house. Staff has previously determined that the house could not be used and that it must be moved or torn down to make way for the construction. Our Procurement Division has advertised the house for sale with no bids being received on two ( 2) separate occasions . The reason given by prospective bidders for not bidding was the excessive cost for moving the house. In discussing this with the volunteer fire company, they have asked that the County donate the house to them. They will dispose of it with any funds received being applied to the station construction cost. Attached is the legal description of this house. The estimated value of personal property is $43,900 and $27,500 for land. ALTERNATIVES AND IMPACTS: 1. Donate house to Back Creek Volunteer Fire Company. Require removal from property by December 15, 1988, with any funding received to be applied to the station construction cost and related cost. 2. Include removal of the house as part of the construction project. STAFF RECOMMENDATION: Staff recommends approval of Alternative 1. -F ~~ Respectfully submitted, i~ ~' / ~ Thomas C. F qua Chi~f of F're & escue Department Approved by, Elmer C. Hodge County Administrator ACTION VOTE Approved ( ) M b No Yes Abs Denied ( ) Received ( ) Referred To otion y. Garrett Johnson McGraw Nickens Robers _..~- • ~t.. AT A REGUT~AR MEETING OF TFIE BOARn OF SUPFRVTSORS OT' ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINIS'1'RATlON CENTER ON TUESDAY, NOVEMBER 9, 1988 RESOLUTION SUPPORTING THE DONATION OF A HOUSE TO BACK CREEK VOLUNTEER FIRE COMPANY WHEREAS, property purchased by Roanoke County for the construction of a Back Creek Fire Station includes a house; and WHEREAS, County staff has determined that the house cannot be utilized and that it must be moved or demolished to allow construction of the fire station; and WHEREAS, County's Procurement Department has advertised the house for sale; and WHEREAS, no bids were received due to the excessive costs associated with moving the house; and WHEREAS, the Back Creek Volunteer Fire Company has requested that the County donate the house to them for demolition. NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke County, Virginia, that said Board supports the donation of the house to the Back Creek Volunteer Fire Company for demolition thereof on or before December 15, 1988. ,,, THIS LEASE AGREEMENT, made and entered into this i''id`a~i ~' of ' ' ` ~ ~ °~ 3 199 by and between the BOARD OF SUPERVISORS OF ROANOKE COUNTY,. VIRGINIA and the BACK CREEK VOLUNTEER FIRE COMPANY, (the "Landlord") and (the "Tenants"). WITNESSETH That for and in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. That the Landlord hereby leases to the Tenants a residential structure located on property described as Roanoke County Tax Map No. 95.01-1-4.1. 2. That the Tenants shall pay as rent the sum of Dollars ($~ per month, due and payable on the first day of each month. In addition, the Tenants agree to make certain repairs to the residential structure at their sole expense as described in Attachment A which is attached hereto and incorporated herein by reference. The value of the labor and materials for these repairs constitute a portion of the rent due and payable under this Lease Agreement. All repairs and renovations shall be in accordance with the Uniform Statewide Building Code. 3. That the term of this lease shall commence .Thereafter, this lease shall continue until This lease shall continue until one of the parties shall have given to the other party a one (1) month written notice of the termination of this lease. 4. It is expressly agreed that the leased premises shall be used during the term of this lease for single-family residential purposes only. The Tenants expressly covenant that the leased premises shall not be used for any commercial, industrial, or civic uses, including but not limited to religious assembly, educational, or day care uses. The Tenants further covenant that they acknowledge the critical public safety responsibilities of the Landlord on this property and therefore specifically agree that they will take no actions which might restrict or impede the Landlord from performing its public safety functions. The Tenants assume the risk of any disturbance of their quiet enjoyment of the property as a result of the Landlord's public safety functions. Any interference by the Tenants with the Landlord's public safety functions shall constitute a breach of this Lease Agreement and the Landlord may immediately terminate this lease notwithstanding the provisions of T3 paragraph 3 herein. 5. During the term of this lease, the Tenants shall provide and pay for all lights, heat, water, sewer charges, and any other utility charges upon the leased premises. It is understood that the Tenants accept the leased premises in their current physical condition. The Tenants may not occupy the residential structure that is the subject of this lease until the Roanoke County Building Inspector issues a certificate of occupancy for said structure. The Tenants shall take good care of the premises and fixtures therein located, and upon the termination of the lease, shall surrender the premises and fixtures in as good a condition as at the commencement of the lease, subject to normal wear and tear and subject to the lease repairs identified in Section 2 of this Lease Agreement and Exhibit A. The Tenants shall be responsible for regular maintenance and repair of the premises and grounds maintenance. 6. The Tenants may, upon prior written approval by the Landlord, 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 shall be and become a permanent part of the real estate and as such the property of the Landlord. Upon termination of this lease, all improvements erected thereon shall revert to the Landlord and shall be free from any encumbrance at the time of such reversion. The Tenants may not have attached any lien against the improvements which is contrary to Section 15.1-261.1 of the 1950 Code of Virginia, as amended. 7. The Back Creek Volunteer Fire Company shall maintain insurance on the premises including public liability and property coverage. The Back Creek Volunteer Fire Company shall indemnify and save the Board of Supervisors of Roanoke County harmless against any and all liabilities, claims, demands, actions, costs, and expenses which may be sustained by the Landlord by reason of any of the causes set forth herein. The Tenants shall be responsible for securing and maintaining insurance coverage for their contents and any personal property. 8. This lease shall not be assigned nor sublet without the prior written consent of the Landlord. 9. Any notice required or permitted by this lease to be given by either party to the other may be either personally delivered or sent by registered mail, postage prepaid, .Z=3 deposited and properly addressed in the U. S. Post Office, the date of such deposit being taken as the date of giving such notice. All notices required by this lease, unless otherwise designated in writing, shall be given to ,the Board of Supervisors of Roanoke County, P. O. Box 29800, Roanoke, VA 24018-0798, and the Back Creek Volunteer Fire Company, 10. The provisions of this lease shall be subject to Sections 15.1-260 and 15.1- 261.1, Code of Virginia, 1950, as amended. 11. The Tenants shall be liable for any injury to or death of person or persons and for any loss of or damage to property of any kind, whether belonging to the Landlord or the public, caused by the negligent acts or omissions of his agencts, employees, or invitees, or caused by the Tenants' failure to perform property maintenance, repairs, and replacements required to be performed by him under this lease. The Landlord shall be liable for any injury to or death of any persons and for any loss of or damage to property caused by the negligent acts or omissions of the Landlord's agents, employees, or invitees. 12. If the Tenants shall file a petition in voluntary bankruptcy or be adjudged bankrupt in involuntary proceedings, or make an assignment for the benefit of creditors or like arrangements or composition, or file a petition in the federal court for reorganization, or otherwise seek relief pursuant to the provisions of any state or federal insolvency or bankruptcy laws, or be placed in the hands of a receiver or trustee, then the Landlord may, at its election, terminate this lease by written notice seeking relief; provided, however, if the order of any court creating such disability shall not be final by reason of the pendency of the proceedings, or appeal from such order, then the Landlord may not have such right of termination as long as the Tenants perform their obligations under this lease. 13. If the Tenants shall fail to pay any rent to the Landlord when such rent 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 thereof has been given to the Tenants by the Landlord, of if the Tenants shall fail to perform any other duty or obligation imposed upon them by the terms of this lease, and such default shall continue for a period of thirty (30) days after written notice of such default has been given to the Tenants by the Landlord, ~3 or if the Tenants shall be adjudged bankrupt, or make a general assignment for the benefit of his creditors, or if a receiver of any property of the Tenants in or upon the demised premises be appointed in any action, suit, or proceeding by or against the Tenants and such appointment shall not be vacated or annulled within sixty (60) days, or if the interest of the Tenants in the demised premises shall be sold under execution or other legal process, then and in any such event, the Landlord shall have, in addition to any other rights and remedies to which it may be entitled, the right to enter upon the demised premises and again have, repossess and enjoy the same as if this lease had not been made, and thereupon this lease shall terminate without prejudice, however, to the right of the Landlord to recover from the Tenants all rent due under this lease. In the event of any such default and re-entry, the Landlord shall have the right at its election to relet the demised premises for the remainder of the existing term whether such term be the initial term or any renewed or extended term, for the highest rent then obtainable, this lease and the rent obtained through such reletting less the costs and expenses reasonably incurred by the Landlord in such reletting. 14. This lease represents the entire understanding between the parties and there are no collateral or oral agreements or understandings and this lease shall not be modified unless in writing of equal dignity signed by both parties. 15. In exchange for all of the lease payments described in Section 2 above, the Back Creek Volunteer Fire Company agrees to perform all of the duties and responsibilities of the "Landlord" as provided in this Lease Agreement, including the responsibilities for insurance, inspection, maintenance and the diligent enforcement of the lease provisions with respect to the Tenants. If the Back Creek Volunteer Fire Company fails to diligently perform its duties and responsibilities as Landlord under this Lease Agreement and such failure to perform continues for a period of twenty (20) days after written notice thereof has been given to the Back Creek Volunteer Fire Company by the Board of Supervisors of Roanoke County, then the Back Creek Volunteer Fire Company shall forfeit its right to receive the lease payments as provided herein. The Board of Supervisors of Roanoke County reserves the right to undertake the duties and responsibilities of Landlord under the terms of this Lease Agreement upon a twenty (20) day written notice thereof to the Back Creek Volunteer Fire Company. 3 16. It is agreed that all of the terms and conditions of this lease are binding upon the parries hereto, their administrators, heirs, and assigns unless otherwise specified herein. 17. This lease is executed by the County Administrator of Roanoke County by authority of the Board of Supervisors of Roanoke County, Virginia, pursuant to Ordinance No. adopted by the Board and by the Chief of the Back Creek Volunteer Fire Company pursuant to vote and adoption of a resolution of its membership on the _ day of , 1992.. WITNESS the following signatures and seals: BOARD OF SUPERVISORS OF ROANOKE COUNTY, VA By Elmer C. Hodge County Administrator BACK CREEK VOLUNTEER FIRE COMPANY By. State of Virginia, County of Roanoke, to-wit: Chief The foregoing instrument was acknowledged before me this day of 199~;3by Elmer C. Hodge, County Administrator, on behalf of the Board of Supervisors of Roanoke County. Notary Public My commission expires: State of Virginia, County of Roanoke, to-wit: ,."° The foregoing instrument was acknowledged before me this day of 199~3by ,Chief, Back Creek Volunteer Fire Company. Notary Public My commission expires: c~wvs ~ vten~s~v.eese~ancx.c[uc ~=3 ca-r-rracF-ii~~:r~.rr ~ I {: efll ~.; t C::+ b F.? r' e D a ]. r" e d +~+r'` r' i:? D I r~t (~ e d 1 YI r" e r-, t a I {'l +~+ I_t ~:7 e ~. F~eDair' fr"+,+Ylti D+~+Y"ch"I C'+~+It.lfilYi~i r'f?DlclCe t?as~?Dlc:tte~4 tr'].111, c`1 Y,C.i Da1Y,t. i.:. FZE?L)IclC:e 6YII ~.~r"+_:+i•~k?Y'I W:LYId+=+W L7Ict~'iS 11"I thlE? WC:++;+d W1YICj~iW~:i ctY'Id St+.+r'fil C~+~7+=+r'~a. . ,:~. F'~efil+u+Ve V].Y,e Ca1''+_+W'~:h 'fir"C+fl1 r"].Cti`lt ~i1de aYld r"+=++=+~". 4. F7er,1~ eve f=><i=t ir-!~ Heat iYlq br+i Ier', b~seb+a~r"d5 ar,d G~ir~i.Y,c?. ~. C~+mDlete7.v :I. Y7~:itc1ll '~'+=+r'C:eCf ~~-tir" r7~?cltir![] ctY,d C+r++_'+.ir't C:1 '`.sy~a t' ef,l. . E~. Flerclc+ve e x i ~;t i Y,C! h~+~+t wat cr heater'. i. I Y,st a l l Ylew h+.+t wart ~:~-r h'?eater'. ~. I~ec?etir" aY,y ~~II_~r,lbiY, 1` i xt I_~r'e~. '3. Fdf=Dair' +.~Yly e Iectr"i where Y,eec:ied. ~. ~[~. rJ 1 SC+,+Y,Y,e t__°t E?x ]. fit ]. Y'ICI I e a k ~ . "~; C+ 1 Y', C ~. ll d f•:? rJ 1 r:l 1 Y, CI g ~" c~ I_t C. e'~_ <~ a';'7 d c• a I v r'+~+ t? I e r,l s a n ci r.? r"+,:+'v i d e i= i ?t't: I.t r' c_ e w ct .{..~ {`~ E-' cl t Ea r" ~ +-c Y, 1'" e cl r"' U+=+r' C~ h +=+ 1` {" ]. r' Ci ~" ~.~.. F'~eDcllr" Wc~II~ aY7d t:'f~']..L11",Cl +":+'r 'the he~ti`lr"r+iifil +~+YI 'I"lr"wit f I ~ _++_ r' . _ 1 is , I Y, S ~ et I ~ I cl Y -' 1 Y! CI r" ]. d C` F` 1 a. ]. Y! L7 5i V ~ t f' f,l 7. YI r'ea'r' [:?+~+r' C` h +~+ 1' f i. r'st f 1 +.++.+r. ~. ..:i. F'1e Dc'11 r' C.".e1I 1YI C! LY, I_t ~]5~; a:L r"r '~"1''Ci Y, j; NJ E'd r'+C++~+1'il. ~. LF. i-+a 1 Y,t a I I i Yit f?r' ]. i ir' r-~+~++~+f,1Si. 1~~. Ir',stall aUpr"+_+ved z:iri,+~+4ce detF::}C:t+_:+r~~ ir, kitc:~heY',, I_ii:]t=•'t;air'~, ha.l Iwav r',ear bF:?dr"+:::c+':+f71'.ia ~::~r'' c~~15 Y'IeE'ded. ._ AT A REGIILAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TIIESDAY, MARCH 23, 1993 ORDINANCE 32393-6 VACATING A 1.5-FOOT BY 5.1-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 1.5-foot by 5.1-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 1.5-foot by 5.1-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 1 r r 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. 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 2 A COPY TESTE: Brenda J. Hol on, Deputy Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections (Certified copy) Terrance L. Harrington, Director, Planning & Zoning Paul M. Mahoney, County Attorney 3 ACTION # ITEM NIIMBER ~~' AT A REGIILAR MEETING OF THE BOARD OF SIIPERVISORS OF ROANORE COIINTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER MEETING DATE: March 23, 1993 AGENDA ITEM: Approval to vacate 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 and recorded in Plat Book 13, Page 73, located in the Hollins Magisterial District COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE 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. 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, 1.5 feet by 5.1 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. ~~~ The second reading of the proposed ordinance is scheduled for March 23, 1993. STAFF RECOMMENDATION County staff recommends that the Board of Supervisors adopt the proposed Ordinance to vacate the 1.5 feet x 5.1 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. BMZTTED BY: APPROVED BY: Arnold Covey, Direc or 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 Mahoney, County Attorney •. , ~i ~ Y . , , ~Qat aaa~ ;op 4 r, - B ~~ + ~ vo- ~ ~. ivy P P PJ QR ., ~aE ~ ~ ~ Sew '+s mot, PQa q Q I' \ GL40E •\ ~ .1200 NUNraiWE .`ir ¢ ~ Ffk 1y+ 0. `~4UNTRiOGE S \~ tL ~ ~ I / . ~ i\ BQ~I ~'i( I ~` \\ 1 1 . \ c I •\ ~~ _ VI CINI T Y MAP a.~r I NORTH ~ p~' r~ ~ ~ K .._..._ _ ..~. r.._ r..~ _____. _~,~ ~ Pt N Q ~ LET ~ ~ '` ~ 1~,~dj~ ~ ~ ~~ ~ ~ i ~~ ~' ~~ ~ GOb'ER~I.1 ~ ~ Q ~ `~ ~ ~ roR~k ~ ~-. ~ m l.c' 1 ' ~, t= ~. f`:..T ,~ ~, 3.1' , ;~ t~,b' 3 n, 9' zb.i ~ ~. m ~ f h1~ORY ~Gi.1h9~ ` ~~ a Q- ,~~- :~ ~*550 3 5.- 23,8 ~ cn 6 ~ -_ - -~ (,try ~ I .`' w ; GoNG•rrAGbS - M , ~ ? I ,__ _.._.. ._~ __ .. ..,~,~ .~. 1 r .~ ~ ~ j . w CR- Q ~ fir1 ~ "''"5~d°0'26"W , ~6•G4' ~ ~a1 V~ ~OMIG ~o~a~~r n r gE 7 JROx ~'r/r ROANOKE COUNTY APPROVAL TO VACATE 1.5 FEET BY 5.1 FEET ON THE SOUTHWEST SIDE OF THE UTILITY 25 FOOT SANITARY SEWER/DRAINAGE EASEMENT ON LOT 9, SECTION 7 OF THE DEPARTMENT ORCHARDS SUBDIVISION AND RECORDED IN PLAT BOOK 13, PAGE 73, LOCATED IN THE HOLLINS MAGISTERIAL DISTRICT ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 23, 1993 ORDINANCE VACATING A 1.5-FOOT BY 5.1-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 1.5-foot by 5.1-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 1.5-foot by 5.1-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:\wpsl~agenda\vacation\fralin.wal 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 23, 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: ~r~' ~ Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Eddy Received ( ) Johnson Referred ( ) Kohinke To ( ) Minnix Nickens r k-I Mr. Ld Kohinke Board of Supervisors P.O. Box 29800 Roanoke, Virginia 24018-0798 February 17, 1993 Dear ~Ir. 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 ~' ~~ AT A REGIILAR MEETING OF THE BOARD OF SIIPERVISORS OF ROANORE COIINTY, VIRGINIA, HELD AT THE ROANORE COIINTY ADMINISTRATION CENTER ON TIIESDAY, MARCH 23 1993 RESOLIITION 32393-7 APPROVING AND CONCIIRRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SIIPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM L - 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 23, 1993, designated as Item L - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 6, inclusive, as follows: 1. Approval of Minutes - February 23, 1993. 2. Acceptance of Water and Sanitary Sewer Facilities Serving Canterbury Park, Section 6. 3. Approval of Bingo Permit for Back Creek Elementary School P.T.A. 4. Donation of Right-of-Way and Drainage Easement in Connection with Homeland Hills Road Improvements. 5. Authorization to Pay Certain Legal Fees Concerning Grumman Emergency Products, Inc. 6. Approval of Raffle Permit for Calendar Year 1993 from Vinton Moose Lodge #1121. 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 Kohinke to adopt the resolution and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: Brenda J. lton, Deputy Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Diane Hyatt, Director, Finance Clifford Craig, Director, Utility February 23, 1993 .i ~ .. 1 a Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, S.W. Roanoke, Virginia 24018 February 23, 1993 The Board of Supervisors cf Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday, and the second regularly scheduled meeting of the month of February, 1993. IN RE: CALL TO ORDER Chairman Minnix called the meeting to order at 3:03 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 MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Green, Information Officer IN RE: OPENING CEREMONIES The invocation was given by the Reverend Phillip Whitaker, Brambleton Baptist Church. The Pledge of Allegiance February 23, 1993 $4,528,230 and expenditures of $4,156,624 and no additional supplements are required from the City or County. The Commission adopted a proposed capital expenditure program totalling $4,145,000, and the budget included a two percent salary increase for employees. In response to a question from Supervisor Eddy, Supervisor Johnson who also serves as Commission Chairman advised that the City is in the process of appointing someone to replace Joel Schlanger, a former city member. Supervisor Eddy moved to approve the budget. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLIITION 22393-1 APPROVING THE ROANORE REGIONAL AIRPORT COMMISSION BIIDGET FOR FY 1993-1994, IIPON CERTAIN TERMS AND CONDITIONS WHEREAS, Section 24.B of the Roanoke Regional Airport Commission Act and Section 17.(a) of the contract between the City of Roanoke, Roanoke County, and the Roanoke Regional Airport Commission provide that the Commission shall prepare and submit its operating budget for the forthcoming fiscal year to the Board of Supervisors of the County and City Council of the City; and WHEREAS, by report dated February 9, 1993, a copy of which is on file in the office of the Clerk to the Board, the Chairman of the Roanoke Regional Airport Commission has submitted a request that the County approve the FY 1993-1994 budget of the February 23, 1993 :.j deadline would force the Authority to have these funds available by the April 9, 1994 deadline. Staff recommended that the Board adopt a resolution supporting the exemption of publicity owned landfills. Supervisor Nickens moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLIITION 22393-2 SIIPPORTING FEDERAL LEGISLATION TO RESTORE THE FINANCIAL ASSIIRANCE EBEMPTION TO PIIBLICLY OWNED SOLID WASTE LANDFILLS. WHEREAS, on October 9, 1991, the U. S. Environmental Protection Agency promulgated new regulations, pursuant to Subtitle D of the Federal Resource Conservation and Recovery Act, which established stringent standards for the location, design and operation of solid waste landfills; and, WHEREAS, most of the Federal Subtitle D regulations, which were developed over a period of seven years, become effective on October 9, 1993; and, WHEREAS, financial assurance requirements will require local governments to demonstrate the ability to meet the financial costs of closure, 30 year post-closure monitoring, and corrective action; and, WHEREAS, financial assurance requirements are expected to impose upon local governments extreme and unnecessary financial burdens; and, February 23, 1993 1~ ..~ ~~ °% Preallocation Hearing on March 16, 1993. He reported that the following projects are presently on the Six Year Improvement Program and require additional allocation of funds: (1) Increased travel lanes at Route I-81 and an additional interchange between Wildwood Road and Dixie Caverns; (2) Improvements to Brambleton Avenue (Route 221); (3) Widening of Route 11 (Williamson Road); (4) Improvements to Alternate Route 220 (Route 604). Mr. Hodge explained that the County is requesting the addition of four projects to the Six Year Plan. They are: (1) widening of Route 11 (Williamson Road) from the City Corporate Limits north to Route 117; (2) Route 11/460 (West Main Street) to the existing four lane section at Route 647; (3) Route 115 (Plantation Road) from Route 11 to Interstate 81; and (4) Route 220 South (Franklin Road) from the City Limits to the Franklin County Line. Jeff Echols, Resident Engineer with the Virginia Department of Transportation, described the progress on the projects already listed on the Six Year Plan. Supervisor Nickens moved to approve the list and adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLIITION 22393-3 REQIIESTING VDOT TO ADOPT A RECOMMENDED LIST OF THE PRIMARY AND February 23, 1993 ~° ~, d ._. Alternate Route 220. 5. Route 11 (Williamson Road) - the widening of Route 11 from the Roanoke City Corporate limits north to Route 117 to include improvements to the existing bridge structure over Carvins Creek and the realignment of Florist Road to Route 11. 6. Route 11/460 (West Main Street) - continuation of the four laving of Route 11 to the existing four lane section of Route 647 (Dow Hollow Road). 7. Route 115 (Plantation Road) - continuation of improve- ments south to the Roanoke City Limits to the four lane section of Plantation Road or, in the alternative, consideration of the construction of a segment between the Roanoke City limits and Hershberger Road. 8. Route 220 South (Franklin Road) - improvement of Route 220 south from the Roanoke City limits in Roanoke County to the Franklin County line. On motion of Supervisor Nickens to approve the list and adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None 5. Acceptance of Three Grants from the Division of Motor Vehicles for Police Department Traininv and EQUi~ment. (John Cease, Police Chief) A-22393-4 Chief Cease advised that the Police Department has February 23, 1993 '1 Sheriff Holt reported that he would like to reallocate $28,107 in surplus revenue from forfeited drug money, the Prison Work Release Program and Inmate Telephone Service to purchase two replacement prisoner vehicles and a new personal computer for the Work Release Program. Supervisor Nickens moved to approve the request. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: REQIIESTS FOR WORK SESSIONS 1. Request for a March 9 Work Session with the Planning Commission to Discuss Alternative Discharginq Sewage Systems. Supervisor Nickens moved to approve a work session for March 9, 1993. Supervisor Eddy suggested that the work session with the Planning Commission also include a discussion of goals and plans for 1993. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: REQIIEST FOR PIIBLIC HEARING AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Kohinke moved to approve the first reading February 23, 1993 that it will be used as a stormwater management area for the offices of the Jefferson National Forest. Supervisor Johnson moved to approve the first reading. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None 2. Ordinance Authorizinq the Financinc of Certain County Facilities. (Diane Hyatt, Finance Director) Ms. Hyatt advised that in order to complete the financing for the Travelers Building, it is necessary to adopt an ordinance which approves the financing and lease documents related to the transaction. She reported that the Industrial Development Authority took similar action. In response to a question from Supervisor Eddy, Ms. Fryatt explained that the County will buy the building and lease it to the Industrial Development Authority who will then lease the property back to the County. The County will pay rent to the IDA. Supervisor Kohinke moved to approve the first reading. The motion carried by the following recorded vote: AYES: Supervisors Kohinke, Nickens, Minnix NAYS: None ABSTAIN: Supervisor Johnson, Eddy IN RE: CONSENT AGENDA R-22393-7 k .~ i 1 . ~ Supervisor Kohinke moved to approve the Consent February 23, 1993 On motion of Supervisor Kohinke to adopt the Consent 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 Johnson: (1) received a letter regarding the lack of regional cooperative efforts, and asked that staff respond outlining the many cooperative efforts that are currently underway. Mr. Hodge and Chairman Minnix will prepare a response. Supervisor Kohinke: (1) Thanked Chief Tommy Fuqua for a tour of the communications center. (2) Asked Chief Fuqua to report on County assistance at the Stanley Furniture Fire in Henry County. Chief Fuqua reported that 50 volunteers and 4 career employees were involved. Supervisor Eddv: (1) Advised that he also received a letter like Supervisor Johnson's and this may be in response to a letter that Supervisor Eddy sent to the individual. (2) Asked staff if there would be a report back on efforts towards regional economic development. Mr. Hodge advised that the report is now in draft form. (3) Thanked Mr. Mahoney for his work on the beaver dam problem on Bent Mountain. (4) Asked for the status of the water wells at Forest Edge. Mr. Hodge will check and report back. (5) Asked about the private SSE/R program enforcement procedures. Mr. Hodge advised that this will be brought back either March 9, 1993 or March 23, 1993. (6) Asked when the zoning notification ,. x February 23, 1993 The following issues were discussed at the budget work session. 1. Increased fees for adult recreation: It was the Board's consensus not to study this issue further at this time. 2. Recycling expansion: Mr. Hodge advised that the 1993 state mandate was met, and that the Roanoke Valley Resource Authority will be looking at expansion of the recycling program when the new landfill is complete. 3. Transient occupancv tax: Mr. Hodge announced that this bill had been signed by Governor Wilder, and he will bring suggested uses of the revenue to the Board during the budget process. 4. Tax relief for disabled veterans: There was Board consensus to reduce the personal property tax for disabled veterans by 50$. 5. Increase method of assessing machinery and tools tax• Mr. Hodge will invite Wayne Compton to attend the next work session to discuss the machinery and tools tax. Staff will bring figures on potential additional revenue. 6. Reinventing Government• Mr. Hodge advised that many ideas recommended in the book, Reinventing Government are currently being implemented in the team process. Supervisor Minnix asked that future budget work sessions be limited to 20 - 30 minutes. Supervisor Nickens asked that in the future the Clerk to the Board prepare a checklist of items that have been requested by February 23, 1993 ..,~ YJ 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 Johnson to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: PIIBLIC HEARINGS 1. Public Hearinq for the Acquisition by Condemnation Property Owned by G. H. Boar Deborah 8. Peoples, and Acc Owned by Michael J. Gordon. Attornev) Consideration of of Easements Across d, George D. Peoples, visition of Property Paul Mahoney, county February 23, 1993 .{ ~l `,l into the property. George Peoples, 6019 Steeplechase, expressed concern about the County taking down his fences where he raises llamas because this would be done during their "birthing" season. He would have to put them in trailers at considerable expense. He did not feel there had been adequate negotiation for the easement. Supervisor Nickens moved to pay each property owner $5,000 to cover the hardship, etc, but withdrew his motion after discussion. Utility Director Cliff Craig advised that staff had met several times to discuss the Board property, the Peoples property and the Gordon property. He advised Mrs. People that staff would fix the fence and had agreed to all of Mrs. People's requests. Supervisor Nickens moved to continue the matter until March 9, 1993 to allow the attorney to negotiate further with the property owners. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None Supervisor Nickens moved to go into Executive Session following the evening session pursuant to Section 2.1-344 (a) (7) to discuss a legal matter. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Eddy, Nickens, Minnix NAYS: Supervisor Kohinke February 23, 1993 NAYS: None IN RE: PIIBLIC HEARING AND SECOND READING OF ORDINANCES 1. An Ordinance to Rezone 0.206 Acre from C-2 to C-1 to Construct _a Medical Office. Located at the Northwest Corner of Brambleton Avenue and Pleasant Hill Drive, Windsor Hills Magisterial District, IIpon the Petition of Jackson Associates, Ltd. of yirQinia COrD. (Terry Harrington, Director of Planninq & Zoning) 0-22393-9 Mr. Harrington advised that in 1988, the property was rezoned from B-1 to B-2 to accommodate a convenience store. The rezoning had conditions including the prohibition of a clinic. The site was used for a small convenience store until Brambleton Avenue was widened. The petitioner is requesting rezoning to C-1 to allow construction of a medical office building. The Planning Commission recommended approval with no conditions. Supervisor Eddy moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ORDINANCE 22393-9 TO CHANGE THE ZONING CLASSIFICATION OF A 0.206 ACRE TRACT OF REAL ESTATE LOCATED AT THE NORTHWEST CORNER OF BRAMBLETON AVENIIE AND PLEASANT HILL DRIVE (TAB MAP NO. 86.08-~-11) IN THE WINDSOR HILLS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C-2 TO THE ZONING CLASSIFICATION OF C-1 IIPON THE .~ ; ~ February 23, 1993 y a ae.~ feet to an iron pin on the northwest right-of-way of Brambleton Avenue (US 221); thence leaving Springwood Associates property and with the northwest right-of-way of Brambleton Avenue S. 26 deg. 33' 41" W. 198.16 feet to an iron pin; thence continuing with said right-of-way S. 66 deg. 49' 04" W. 35.99 feet to an iron pin on the north right-of-way of Pleasant Hill Drive; thence leaving Brambleton Avenue and with the north right-of-way of Pleasant Hill Drive N. 61 deg. 32' 07" W. 19.41 feet to the point and place of BEGINNING and being 0.206 acre as more particularly shown on that certain plat prepared by Lumsden Associates, P.C., dated May 31, 1991, title "Plat Showing Property (0.206 Ac.) of Jackson Associates, Ltd. of Virginia Corp. 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Eddy to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None 2. Ordinance Vacatinq a 50-Foot IInimproved Paper Street Referred to as Loman Drive and Shown on the Mao of North Burlincton Heights, Section 1. upon the Petition of Fred Holdren. (Arnold Covev. Director of Enaineerinq & Inspections) (CONTINIIED FROM JANUARY 23. 1993.) Supervisor Johnson moved to continue this item until February 23, 1993 r. ~. ~~ 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 Johnson to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: ADJOIIRNMENT At 8:21 p.m., Supervisor Nickens moved to adjourn. The motion carried by a unanimous voice vote. H. Ode11 "Fuzzy" Minnix, Chairman ACTION # A-32393-7.a 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 23, 1993 SUBJECT: Acceptance of Water and Sanitary Sewer Facilities Serving Canterbury Park, Section 6 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Developers of Canterbury Park, Section 6, Boone, Boone and Loeb, Inc., have requested that Roanoke County accept the Deed conveying the water and sanitary sewer facilities serving the subdivision along with all necessary easements. The water and sewer facilities ar prepared by Buford T. Lumsden and Park, Section 6, dated October 29, County Engineering Department. facility construction meets the approved by the County. e installed, as shown on plans Associates entitled Canterbury 1987, which are on file in the The water and sanitary sewer specifications and the plans FISCAL IMPACT' The value of the water and sanitary sewer construction is $32,000 and $ 82,000 respectively. RECOMMENDATION' Staff recommends that the Board of Supervisors accept the water and sanitary sewer facilities serving the Canterbury Park, Section 6 subdivision along with all necessary easements, and authorize the County Administrator to execute a Deed for the transfer of these facilities. ~' r w ~-a SUBMITTED BY: Cliffo r ig, P.E. Utility Director APPROVED: Cst .~,~' ~~~L Elmer C. Hodge County Administrator ACTION VOTE Approved (x) Motion by: Edward G. Kohinke No Yes Abs Denied ( ) Eddy x Received ( ) Johnson x Referred Kohinke x to Minnix x Nickens x cc: File Clifford Craig, Director, Utility Arnold Covey, Director, Engineering & Inspections . , ~ M --- ---- - - --~...,._ _....~..~_...._ ROANOKE COUNTY UTILITY DEPARTMENT ACCEPTANCE OF WATER & SEWER FACILITIES SER'Ji1u . CANTE?B'JRY PARE, SECTION 6 ~- DEED 4F EASEMENT AND ASSIGNMENT THIS DEED, DEED OF EASEMENT AND. ASSIGNMENT, made this 21 clay of November 1991, by and between: Boone, Boone and Loeb In~~ro~ratpd hereinafter refPrrec_i to as the "Developer," party of the first Dart; the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, hereinafter referred to as the "Board," party of the second Dart; and ELMER C. HODGE, County Administrator of Roanoke County, VIRGINIA; Darcy of the third part. W I T N E S S E T H THAT FOR AND IN CONSIDERATION of the mutual benefits to accrue, the Developer does hereby GRANT, CONVEY, ASSIGN AND TRANSFER, with the covenants of GENERAL WARRANTY OF TITLE, in fee simple unto the Board all water and/or sewer lines, valves, fittings, laterals, rnnner_.tinns, storage facilities, sources of water supply, pumps, manholes and any and all other eq~_~ipment and appurtenances thereunto, in and to the water and/or sewer systems in the streets, avenues and public uti 1 icy, water and,%or sewer easement. areas that have been or may hereafter he installed by the Developer, along with the right to perpetually use and occupy the easements in which the same may be located, all of which is more particularly shown and described and designated as follows, to wit: As shown on the plan entitled Canterbury Park - Se~t.i~n ~ dated October 29, 1987 made by Buford T. Lumsden and Ass~ciateG and on file in the Roanoke Co~~nty Engineering Department. Page 1 of 3 L--~ The Developer does hereby covenant and warrant that it will be responsible for the proper installation and construction of the said water and/or sewer systems including repair of surface areas affected by settlement of utility trenches for a period of one (1) year after date of acceptance by the Board and will perform any necessary repairs at. its Inst. Elmer C, Hodge, County Ac_iministrator of Roanoke County, Virginia; party of the third part, hereby joins in the execution of this instrument to signify the acceptance of this r_.onveyance pursuant to Resolution No. adopted by the Board of Supervisors of Roanoke County, Virginia, WITNESS THE FOLLQWINC signatures and seals: Developer: BY ~ ( ~~ ~'"~~~~ e-~it~~ .~ By: .~ As: state of : ~.t ~,, ~ pr County/^ ''' r ~~~~~ ~~-~T- t~ to wit The foregoing deed was acknowledged before me this: 23 ~ day of ~,~Al~_ 19 q ~ , By: ~+Cd~- Lc~-a3 JR as ~~,~,n~~-~ Duly authorize_ officer Title nn behalf of My Commission expires: ~~ R~ 28 ~-, /g9 5 Page 2 of 3 .~ v L-~ A~~roved as to form: County Administrator of Roanoke Cnunty, Virginia County Attorney ELY Elmer C. Hedge State of: County/City of: to wit: , The foregoing deed was acknowledged before me this: , day of 19 , by Elmer C. Hodge, County Administrator, on behalf of the hoard of S~_~nervisors of Roanoke County, Virginia. Notary Public My Commission e.x~ires: _ Revised 10,/16/9Q Page 3 of 8 ~- ACTION NO. A-32393-7.b ITEM NUMBER ~"` AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 23, 1993 AGENDA ITEM: Request for Approval of a Bingo Permit for Back Creek Elementary School P.T.A. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Back Creek Elementary School P.T.A. has requested a permit to conduct a Bingo Game in Roanoke County at their Spring Fling Carnival on May 8, 1993. 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 Bingo Permit from the Back Creek Elementary School P.T.A. be approved. SUBMITTED BY: Mary H. llen Clerk to the Board APPROVED BY: Elmer C. Hodg County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Edward G. Kohinke No Yes Abs Denied ( ) Eddy x Received ( ) Johnson x Referred ( ) Kohinke x To ( ) Minnix x Nickens x cc: File Bingo/Raffle File +N 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. seg. of the criminal statutes of the Virginia Code, and by Section 4-86 et. seg. of the Roanoke County Code. These laws authorize the County Board of Supervisors to conduct a reasonable 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 la~ti~ful religious, charitable, community, cr educational purposes for which the organization is specifically organized, except for reasonable operating expenses, shall be guilty of a Class 6 felony. THIS APPLICATION IF FOR: (check one) RAFFLE PERMIT BINGO GAMES Name of Organiza Street Address Mailing Address City, State, Zip Purpose and Type lion ~ (a~~e_ ~ v~~~ ~~. k--~C~r-r~ ~'~~'~ ~T v Code t~~ 1~~Y~~' ~~t O~~b ~~~ of~Organization ~~~ ~ Cd ~~_ ~C, 1'~I i'1C.~ 1 i r~ SC ~l ~'~"~il \ v 1~--~ When was the organization founded? Roanoke County meeting place? ~~ 1-1sJ~~ L-3 Has the organization been n existence in Roanoke County for two continuous years? YES~~ NO Is the organization non-profit? YES ~ NO Federal Identification Number Attach copy of IRS Tax Exemption Letter. Officers of the Organization: President: Ko~r,~i ~ t,~-./~c,~ Address : ~o~ I I 7c~~~ ~~C~~ ~~ . Secretary: ~-~sA- -~~~.a.~~ Address: ~~`~ ~~tt iZzsn C~Yae- Vice-President ~ ~ ~~ "~: ow't" Address: J~ES~ ~ we\~z ~~CIOC~K- C~+~~h~ ' ~c~-/t~i~-t ~ ~ - ~~U t Treasurer: ~ e ~„J ~-~~..~ ~ t Address: ~Sc~l Mti~i ~~, C;~~t~-- ~~~: ~~ ~~c~v Member authorized to be responsible for Raffle or Bingo operations: Name : Ohl„ ~~ [o~, ~ ~;/ Home Address Z~S ~ Old N\ ~ G t Phone `[`1`~ ~~~~~ ~ Bus Phone ~,~,~ --~~ A COMPLETE LIST OF THE NAMES AND ADDRESSES OF CURRENT MEMBERSHIP MUST BE FURNISHED WITH THIS APPLICATION. ~h~ o/ 94//iZC1 ~;L,r/ / 5 ~ /~T`~ w ~ t,4.. ~ ~'~ 3c~v ,~~~~r s - ~v~ cld ~a~' ~l~~ i~~=~/.~ ~~•' .o~%~l~sc-~aca Specific location where Raffle or Bingo Game is to be conducted. RAFFLES: Date of Drawing Time of Drawing - BINGO: Days of Week and Hours of Activity: Sunday Monday Tuesday Wednesday Thursday Friday Saturday From To From To From To From To From To From To From tot~u To 3~c>c~ 2 5~~ 193 L-3 State specifically how the proceeds fro Bn~ in o affle will be used. List in detail the planned or intended u~~~the proceeds. Use estimated amounts if necessary. /~// yv2aCe~r'/S !,c/r ~~ ~ c~C'-~Lc ~pu=-tC'dra.5cr CQ~u~o~n~-~ -r S~~~p~~.e-~ r ~. ,/~ i~ r,~ ~ s.~ ~ s o~ ~,r~e~s~~ ~~~ sit ~~~ ~~~~.-r~~~ ~ ~ r~a~r rya/C e_. ~~li/7 ~~ o.J c' ~G'D~S . ~~- ~ /' , d'~ ~~~ // s ~~ o~ ~ ~ ~,~f~-~ac~ ,,~' <S`C~~/ C'-~~ l-~4 6D ~ldC-c/~~ ~ U ~ r~G/~t C.~6'IQ-¢~ 7 %~C ~cfO S~ ~Orn~t7 Ct ~ Gi`7~~~~ a~ /~ lU ~C ,_^,/, C S fY/Q ~~i ~ ~tf~ ~s ~~ _5 /a'/P _.Lh.~'_ i~~.~i~r~x 7~ ~~c f -~U,~a~ ~~ 3ov ~ti~!?~~~~r_ ~~,,ie. Tll r'r~--s 7~ ter, ~/~~~t -~ c~ ~ L~ ~i c/ /v ,~y~ GssP~/ ~v 3 L.-3 BINGO: Complete the following: Legal owner(s) of the building where BINGO is to be conducted: Name : ~D~J l?O /~ L .o~K-x~-c1 `~~ / Address : 7/S (~ ~~c-~ `~Ioc.c~ fCr~c~v ~rJ County p,4r/tj1Cc- State_~ZIP a yo/~ Is the building owned by a 501-C non-profit organization? `~'!G~ 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 lst Quarter 2nd Quarter 3rd Quarter 4th Quarter 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter TOTAL ~' ©-- TOTAL ' t~ "" 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? y..P.QJ 3. Does your organization understand that it must maintain and file complete records of receipts and disbursements pertaining to Bingo games and Raffles, and that such records are subject to audit by the Commissioner of the Revenue? y ~~ 4. Does your organization understand that the Commissioner of the Revenue or his designee has the right to go upon the premises on which any organization is conducting a Bingo game or raffle, to perform unannounced audits, and to secure for audit all records required to be maintained for Bingo games or raffles? c-,,~~¢/ 4 L-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? yLQ~ 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? _C~~ 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 November? ~~~~,/ 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? cytJo it 12. Has your organization attached a check for the annual permit .~C` fee in the amount of $25.00 payable to the County of Roanoke?G/~jy 5 ti ~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? ~,~.~~4c~id~ ,~~.rc%Q ~r~_tc~-- 4 15. Has your organization attached a copy of its bylaws to this '~ application form? 16. Has the organization been declared exempt from property taxation under the Virginia Constitution or statues? If yes, state whether exemption is for real, personal property, or both and identify exempt property. 17. State the specific type and purpose of the organization. /~~~z~n~ -T~rGh.~2. Assd~> ~a~ 18. Is this organization incorporated in Virginia? If yes, name and address of Registered Agent: 19. Is the organization registered with the Virginia Department of Agriculture and Consumer Affairs pursuant to the Charitable Solicitations Act, Section 57-48 of the Virginia Code? (If so, attach copy of 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 Fair Market Value ~/~ i ~i°~° ~ j 6 L-3 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? c.q,~,o 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 y~ rs.) 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? ~.yc.,c, 22. Does your organization understand that instant Bingo may only be conducted at such time as regular bingo game is in progress, and only at such locations and at such times as are specified in this application? ~o 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?~ 7 ti L-3 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? c.- 27. Does your organization understand that awards or prize money or merchandise valued in excess of the following amounts are illegal? ~~A 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. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NOTARISATION: 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: ,tit-.c.~i -~~ ~I,c-,z ` -~~,~.~ . ~,~./;L.L,C ~~.~ ~ ,~~lf/ ~~' ~~ ~. Name _ Tit a Home Address ~c~z ~ ~ ~ l ~ .~ ~~'/~ Subscribed and sworn be ore me, this day of 9~i in the County/City of ~(~,yl.t. v~ , Virginia. My commission expires: 6~ - j ~(1 19~_ 1 ,~ Notary u lic RETURN THIS COMPLETED APPLICATION TO: COMMISSIONER OF THE REVENUE P.O. BOX 20409 ROANOKE, VA 24018-0513 8 ~"~ NOT VALID UNLESS COUNTERSIGNED The above application, having been found in due form, is approved and issued to the applicant to have effect until December 31st of this calendar year. 3 -l b -~'~ G~ -~ Date Commis Toner of he Revenue The above application is not approved. Date Commissioner of the Revenue 9 ACTION NO. A-32393-7.c ITEM NO ~ ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER MEETING DATE: March 23, 1993 AGENDA ITEM: Donation of right-of-way and drainage easement in connection with Homeland Hills Road Improvements COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION This consent agenda item involves the donation of the following easements to the County of Roanoke for drainage and right-of-way purposes in relation to the Homeland Hills Road Improvements Project in the Vinton Magisterial District. a) Donation of an easement from H. Bruce Ayars and Miriam L. Ayars, (Deed Book 1179, Page 137) (Tax Map No. 89.00- 4-27) as shown on a plat prepared by the Roanoke County Engineering & Inspections Department, dated 31 January, 1992. The location and dimensions of this property has been reviewed and approved by the County's engineering staff. STAFF RECOMMENDATION Staff recommends acceptance of this property. TTED BY: ~,,rxtbld Covey, director Engineering & Inspecti APPROVED BY: ~~~ ~~~~~ Elmer C. Hodge County Administrator ---------------------J----------------------------------------- ACTION VOTE Approved ( ~ Motion by: Fd~~ar~3 ~_ Knhinke No Yes Abs c-v Denied ( ) Eddy x Received ( ) Johnson ~_ Referred Kohinke ~ To Minnix ~. Nickens ~ cc: File Arnold Covey, Director, Engineering & Inspections Clifford Craig, Director, Utility METES AND BOUNDS DESCRIPTIONS SHOWN ON THIS PLAT REPRESENT A COMPOSITE OF DEEDS, PLATS, AND CALCULATED INFORMATION AND DD NOT REFLECT AN ACCURATE BOUNDARY SURVEY. REMAINING PROPERTY OF H. BRUCE &MIRIAM L. AYARS D.B.1~17, PG.137 , ~i~ NST00'42 E 0' FERGUSON DR. N83'5J'JO'-y 5 R ~ 114.9800- L ~ 78.1201' ~~~ '~ yt.930 S23'27'31"E 52.3900' ~ '\62~~ S23'27'31'E \\ 232.2262' PROPERTY TO REVERT N6k~ 6-y0 240.5814' PROPOSED BACK TO OWNER .k. \2 ' (0.0284 Ac) ryo~ \~ 20' DRAINAGE EASEMENT 0 0 2 3 ~~ s~ o ~$ ~~. ~3' 4~ ti~ ~ ~~~ ~ N24'19'27' ~ ~~~, N7'S30.33'E ~ 20.52' R=599.4200' L=149.4852' R=324.2900 R=422.0999' L=149.0919' N58'32'40"W L=126.5974' St.24' N59'19'50'E !~20' 35.2000' ~S9'~7\ N5258.45' W R~p,ND Ss ly ~ R=256.1100' '(~IABE 30a _ ~ L=209.1570' 20' DRAINAGE EASEMENT / PROPERTY OF CHARLES EDWARD d: BETTY D. CRAM TAX N0. 1!9.00-4-46 R ~ 231.9900' ~ \ L ~ 108.4209' ?~ p ~~ ~ aye B % ~ i ~ aiae / r PROPOSED RIGHT-OF-WAY (ao:z9A~) LEGEND PROPOSED RIGHT-OF-WAY ~ ~ ~ DRAINAGE EASEMNTS C ~ EXISTING RIGHT-OF-WAY TO REVERT TO PROPERTY OWNER CURVE RADIUS LENGTH CHORD BEARING E N56'S3'25'W N24'19'27"E p N20'39'O6'W A N48'S4'08'E B S83'18'51 "E 8900-4-27 TAX MAP N0. ___________ SCALE: _11 ° -200' PLAT SHOWING PROPOSED RIGHT-OF-WAY AND DRAINAGE EASEMENTS BEING CONVEYED TO ROANOKE COUNTY BY H. BRUCE &MIRIAM L. AYARS EXISTING RIGHT-OF-WAY TO REVERT TO PROPERTY OWNER 01-31-92 PREPARED BY.• ROANOKE COUNTY ENGINEERING DEPARTMENT DATE:_______ REVISION: 09-14-92 ACTION NO. A-32393-7.d 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 23, 1993 AGENDA ITEM: Authorization to Pay Certain Legal Fees regarding Litigation with Grumman Emergency Products, Inc. COUNTY ADMINISTRATOR'S COMMENTS: ~ EXECUTIVE SUNIlKARY The County agreed to share with the Town of Vinton the legal expenses for the litigation with Grumman Emergency Products Inc. over the defective ladder on the aerial fire truck. BACKGROUND• In November of 1991, the Board agreed to join with the Town of Vinton in legal action against Grumman Emergency Products, Inc. and other possible defendants over the defective ladder on the aerial fire truck which the County had jointly funded with the Town. Since this vehicle is titled to the Town of Vinton it was agreed that the Town Attorney should handle this litigation. The fees thus far approved by the Board are as follows: February 11, 1992 $ 1,151.95 March 24, 1992 1,437.59 May 26, 1 992 2,363.43 June 23, 1992 1,779.16 September 8, 1992 228.71 September 22, 1992 868.75 October 2 7, 1992 941.00 December 1, 1992 289.00 December 15, 1992 843.00 February 23, 1993 3,835.00 Total $13,737.59 1 L- 5 FISCAL IMPACTS• $4,921.77 (February 2, 1993 Statement) and $1,726.83 (March 4, 1993 Statement) for a total of $6,648.60 in current fees to be paid from the Potential Litigation Account. STAFF RECOMMENDATION: It is recommended that the Board of Supervisors authorize the payment of this invoice from the Board's Potential Litigation Account. Respectfully submitted, ~ ~ ~ ~~ .r v ~~`~,'~I Paul M. Mahoney County Attorney Action Approved (~ Denied ( ) Received ( ) Referred to Motion by Edward G. Kohinke Eddy Johnson Kohinke Nickens Minnix cc: Diane Hyatt. File c;\wp51 \agenda\gereralVegal. fee Paul Mahoney, Director, Finance County Attorney Vote No Yes Abs x x x x x 2 TOWN OF VINTON P. O. BOX 338 VINTON, VIRGINIA 24179 PHONE (703) 983-0608 FAX (7031 983-0621 March 16, 1993 ,4. .I .,. -. ._~ __ ~ ~~ _... .. ..a..__. JOAN B. ~tJFfB18N""-' FINANCE DIRECTOR/TREASURER L.-~.'" TO: Joe Obenchain, Senior Assistant County Attorney County of Roanoke POB 29800 Roanoke, VA 24018-0798 STATEMENT Statement From Natkin, Hesley, Siegel and Natkin, PC For Professional Services Rendered Regarding Litigation With Grumman Aircraft Company March 4, 1993 Statement -- $3,453.65 Fifty Percent (50%) Due From Roanoke County To Town of Vinton $1,726.83 DUE UPON RECEIPT MAKE CHECK PAYABLE TO: TOWN OF VINTON cc: Diane D. Hyatt r TOWN OF VINTON P. 0. BOX 338 VINTON, VIRGINIA 24179 PHONE (703) 983-0608 FAX (7031 983-0621 March 16, 1993 JOAN B. FURBISH FINANCE DIRECTOR/TREASURER L- 5 TO: Joe Obenchain, Senior Assistant County Attorney County of Roanoke POB 29800 Roanoke, VA 24018-0798 STATEMENT Statement From Natkin, Heslep, Siegel and Natkin, PC For Professional Services Rendered Regarding Litigation With Grumman Aircraft Company February 2, 1992 Statement -- $9,843.54 Fifty Percent (50%) Due From Roanoke County To Town of Vinton $4,921.77 DUE UPON RECEIPT MAKE CHECK PAYABLE TO: TOWN OF VINTON CC: Diane D. Hyatt r ACTION NO. A-32393-7.e 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 23, 1993 AGENDA ITEM: Request for Approval of a Raffle Permit for Calendar Year 1993 from Vinton Moose Lodge #1121 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Vinton Moose Lodge #1121 has requested a permit to hold raffles in Roanoke County on Fridays at 9 p.m. during the calendar year 1993. 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 for Calendar Year 1993 from the Vinton Moose Lodge #1121 be approved. SUBMITTED BY: 9d• L~~~ Mary H. Allen Clerk to the Board APPROVED BY: f Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (~ Motion by: Edward G. Kohinke No Yes Abs Denied ( ) Eddy x Received ( ) Johnson x Referred ( ) Kohinke x To ( ) 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. seq. of the criminal statutes of the Virginia Code, and by Section 4-86 et. seq. of the Roanoke County Code. These laws authorize the County Board of Supervisors to conduct a reasonable investigation prior to granting a bingo or raffle permit. The Board has sixty days from the filing of an application to grant or deny the permit. The Board may deny, suspend, or revoke the permit of any organization found not to be in strict compliance with county and state law. Any person violating county or state regulations concerning these permits shall be guilty of a Class 1 misdemeanor. Any person who uses any part of the gross receipts from bingo or raffles for any purpose other than the lawful religious, charitable, community, or educational purposes for which the organization is specifically organized, except for reasonable operating expenses, shall be guilty of a Class 6 felony. THIS APPLICATION IF FOR: (check one) RAFFLE PERMIT ~""-~ BINGO GAMES Name of Organization V lit "~nM tiles ~' ~~~~ ~~ ~~ ~ ) Street Address ~ ) ~- 7 Gti'~S N lH c ~ a ~f ~~~ ~~ i h'7°~r ~'~~ ~' y ) 7 , Mailing Address ~? a _~~X ) ~ 2 ~y~~y City, State, Zip Code ) ;`, ~ 70 /Y , ~'~~ Purpose and Type of Organization /~f ~ /`o ~' f~ ~' ~) 7 When was the organization founded? ~ ~ -~ ~ Roanoke County meeting place? ~.) ~--7 L~/~.f E~ii*~ roir ~-u~ ~ 1~~~~~0i `~~~~ `f / `7 ~' L-gyp Has the organization been in existence in Roanoke County for two continuous years? YES L.~ NO Is the organization non-profit? YES ~---y"" NO Federal Identification Number -may ~' -- ~ ~ ~ - ~ ~`~ Attach copy of IRS Tax Exemption Letter. Officers of the Organization: " ~n/~~ L7 _S i/-t t 1z - esi en ~~ u2J=~, U ~L o Address: ~~ ~}S J~~sr` ~~t. St Address: 131 ~ Dc>x ~'f ~ I//~y~yo.r` v'~'~ Secretary: ~~~~~~ ~~rc,~c~-~~- Treasurer: }~j~t c- ~- ~~Lt ~ ` Address : t 7 4~y ~tlC1 F11'i! C i -~ Address : ~~ .~ ./~~'~ ~- ~ ~ Member authorized to be responsible for affl~ or Bingo operations: ~- Name : ~v Q t 2 y ~~ 7~ i1-~-2r ~ .~Li/~ 5 Home Address 1 ~~ ~ ~>cL~t-h rt l i t2 C:, ~~yr,~~ j v <:a Phone 3 ~-~ ~ 3 I / Bus Phone ~~~ /.3 ~--5 A COMPLETE LIST OF THE NAMES AND ADDRESSES OF CURRENT MEMBERSHIP MUST BE FURNISHED WITH THIS APPLICATION. Specific location where Raffle or Bingo Game is to be conducted. RAFFLES : Date of Drawing ~~~ Ry ~ RI Time of Drawing ~ ~ ~ `' ~ ~ BINGO: Days of Week and Hours of Activity: Sunday Monday Tuesday Wednesday Thursday Friday Saturday From To From To From To From To From To From To From To 2 L~~. 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. ~l.co~s r l~~ ~`~7 ~-' 2 v f c l' ~,f ~h l Z~b ~: ~~T~~ 3 ~- 4 BINGO: Complete the following: Legal owner(s) of the building where BINGO is to be conducted: Name: Address: County State ZIP Is the building owned by a 501-C non-profit organization? Seating capacity for each location: Parking spaces for each location: ALL RAFFLE AND BINGO APPLICANTS MUST ANSWER QUESTIONS 1-19 1. Gross receipts from all sources related to the operation of Bingo games or Instant Bingo by calendar quarter for prior calendar year period. BINGO INSTANT BINGO 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter TOTAL 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter TOTAL 2. Does your organization understand that it is a violation of law to enter into a contract with any person or firm, association, organization, partnership, or corporation of any classification whatsoever, for the purpose of organizing, managing, or conducting Bingo Games or Raffles? ~ ~-S 3. Does your organization understand that it must maintain and file complete records of receipts and disbursements pertaining to Bingo games and Raffles, and that such records are subject to audit by the Commissioner of the Revenue? ~ ~ S 4. Does your organization understand that the Commissioner of the Revenue or his designee has the right to go upon the premises on which any organization is conducting a Bingo game or raffle, to perform unannounced audits, and to secure for audit all records required to be maintained for Bingo games or raffles? y ~-=_~ 4 L-t~ 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? y ~ /' 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? ~f;~J 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? ~~ ~_: l 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 o 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? y ~S~ 10. Does your organization understand that this permit is valid only in the County of Roanoke and only at such locations, and for such dates, as are designated in the permit application? y ~ ~ 11. Does your organization understand that no person, except a bona fide member of any such organization who shall have been a member of such organization for at least ninety days prior to such participation, shall participate in the management, operations, or conduct of any bingo game or raffle, and no person shall receive any remuneration for participating in management, operations, or conduct of any such game or raffle? ~ ~ ~ 12. Has your organization attached a check for the annual permit fee in the amount of $25.00 payable to the County of Roanoke? y t S - 5 L-` 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? y ~_S ' 14. Has your organization attached membership to this application form? a complete list of its ~" 15. Has your organization attached a copy of its bylaws to this application form? \~ ~-~ 16. Has the organization been declared taxation under the Virginia Constitution or If yes, state whether exemption is for real, both and identify exempt property. exempt from property statues?~~ ~_ personal property, or 17. State the specific type and purpose of the organization. 18. Is this organization incorporated in Virginia? y ~ , If yes, name and address of Registered Agent: 19. Is the organization registered with the Virginia Department of Agriculture and Consumer Affairs pursuant to the Charitable Solicitations Act, Section 57-48 of the Virginia Code? (If so, attach copy of 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 Fair Market Value 6 ~-4 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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 ,n .tic ~ r1~f' .vim -.a--t ~.. ~~ Name Title Home Address Subscribed and sworn bef a me, this day of ~19 y in the County/City of_ Ua-..,~„~,~, Virginia. My commission expires: 3~ 19 9 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. ~ ~~ l T' - ~~ ~ ~ Date ~ 1ss oner of t Revenue The above application is not approved. Date l 7 ~ ~{ tv~ ~L s Cam. ~ C!2 , `L~' - ~~ C Commissioner of the Revenue 9 ~,~ 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? `~ ~ S 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 instant Bingo may only be conducted at such time as regular bingo game is in progress, and only at such locations and at such times as are specified in this application? 23. Does your organization understand that the gross receipts in the course of a reporting year from the playing of instant Bingo may not exceed 33 1/3$ of the gross receipts of an organization's Bingo operation? 24. Does your organization understand it may not sell an instant bingo card to an individual below sixteen years of age? 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 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 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 certiied public accountant shall cause the automatic revocation of permit? ___ organization understand that awards or prize money valued in excess of the following amounts are 8 o-i COUNTY OF ROANORE, VIRGINIA GENERAL FUND UNAPPROPRIATED BALANCE Beginning Balance at July 1, 1992 (Audited) $ of Gene;al Amount Fund Expenditures $5,419,414 7.51 August 12, 1992 Dixie Caverns (100,000) Sept. 8, 1992 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 (350,000) Balance as of March 23, 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). na COUNTY OF ROANORE, VIRGINIA CAPITAL FUND UNAPPROPRIATED BALANCE Beginning Balance at July 1, 1992 (Audited) Addition to Capital Reserve from original 1992-1993 budget July 14, 1992 Lighting of Green Hill Park Ball Fields October 13, 1992 Repair ladder truck at Cave Spring Fire Station Balance as of March 23, 1993 $ 24,705 114,760 (15,000) (19,001) ~ 105,464 Submitted by Diane D. Hyatt Director of Finance ~; °`~ COUNTY OF ROANOKE, VIRGINIA RESERVE FOR BOARD CONTINGENCY Beginning Balance at July 1, 1992 July 14, 1992 Information Program for Bond Referendum July 28, 1992 Roanoke Regional Housing Strategy August 12, 1992 Outside Legal Assistance September 8, 1992 Grumman Litigation September 22, 1992 Grumman Litigation October 13, 1992 Space Study October 27, 1992 Grumman Litigation December 1, 1992 Grumman Litigation December 15, 1992 Grumman Litigation February 9, 1993 Incentive Fund to Cleanup Illegal Dumps Balance as of March 23, 1993 Submitted by ~~.f~ ~. ~ _z.~ Diane D. Hyatt Director of Finance $ 50,000 (18,250) (2,000) (10,000) (229) (869) (5,000) (941) (289) (844) (10,000) $ 1,578 ACTION NO. ITEM NUMBER Q -_ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF' ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CEf~FrER MEETING DAI`E: March 23, 1993 AGENDA ITEMS: Statement of the Treasurer's Accountability per Investments and Portfolio Policy, as of February 2$, 1993. COUN'T`Y .ADMINISTRAT'OR'S COMMENTS: SUMMARY OF INFORMATON: BANKERS ACCEP'T'ANCE : CRAIGIE 1,995,383.34 NATIONS BANK 997,727.50 SCO'I"P & S'I'R:CNGFELL04v 997 , 717.22 SHEARSON 997,675.00 CAPITOLINE: CRES'rAR BANK 2,672,438.21 CER'I`IFICAI'E OF DEPOSITS SIGNET BANK 800,000.00 SOU'T`HWEST VIRGINIA SAVINGS & LOAN 100,000.00 COMMERICAL PAPER: NATIONS BANK 1,321,939.25 wHEA'r 1sT 997,643.33 FOCAL GOVT INVES'T'MENT POOL: NATIONS BANK 8,017,757.94 REPURCHASE AGREEMENT: FIRST VIRGINIA 1,980,000.00 CEN'T'RAL FIDELITY 1,013,467.57 SAVINGS: NATIONS BANK 1,176.03 DOMINION BANK 4,887.86 TOTAL 21,897,813.25 STAFF RECOMMENDATION: Respec ~ ully Sub .' ted by Apprg~+ed by; ~ --~ G~ C~ ~ fred C. Anderson Elmer C. Hodge County Treasurer County Administrator ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Eddy Received ( ) Johnson _ _ Referred ( ) Kohnike _ _^ _ To ( ) Minnix _ _ _ Nickens M ~- M 0 0 o ~ oM 00 WW O F d ao i a 7 t 4- 0 i O r 7 d d \ OI .p ro 7 GC t + N W c0 7 C M d O+ ~ ~! \ d d ~ N DO N U . ~ N ••+ C ~ \ .r N M N • ro .+ rnNo d ro ~ 7 L W r W C > U F- ~ Q ~~ A d s C lL N oroo d C 7 N U1 A C O d Q I- N ~ a> >- > rot a ~- E ~ O ••+ 2 T IrIZ r W O t I L N 7 4. T d O O J r+ ] I U 4 L C I s+ U I r d I t U1 C > I d ~-+ O d I ElL LO: I d I r 00 rp o ~ I I v rl I 7 OI !L •9 I I ro m I L I d C d U' M In 0 2 A O r L O a d !r O Z CL t l~ N_ e) I V n ID 1~ b-0~ 1 I !~ 1~~ ~ ~ ~ _1. d111M M V' N~ot~ I~.o od•I~1FMtANOC.uc+fl 1~•~V'MNNI ~-oU1hf~ MvcO 1~0+ I.No ua0 IoM ut117I G+oONOO+R--1'Lmlil oolflloa ~?M UY f~l ~O M ~} o+.oab r- l71 ..-T ~ o~ U1 oD'- II• N o s~ N o~ fl• R UY ~ M f~l f~ O+UI .O aD OD .O. 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Q O F- {*• O F CI 2 Q U' 7 ACTION # ITEM NUMBER - ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 23, 1993 SUBJECT: Groundbreaking Ceremony at Spring Hollow Reservoir COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND INFORMATION: On March 1, 1993, Roanoke County held a groundbreaking ceremony for the dam at Spring Hollow Reservoir. Approximately 120 people attended the event, and the program included the two Congressmen who represent the County, Bob Goodlatte from the 6th District and Rick Boucher from the 9th. Four members of the Board of Supervisors were also present, along with various other elected and appointed officials from the cities of Salem and Roanoke, and business leaders from throughout the Valley. The event involved transportation by County school bus halfway up the reservoir for the ceremony, and then a luncheon on the grounds of the farmhouse at the base of the dam. Each attendee also received mementos of the occasion, including a plaque with a piece of rock drilled from the site during the grouting of the reservoir. At the Board of Supervisors meeting held on March 9, Mr. Eddy asked staff for a report on the cost of the ceremony, the source of the funds to pay for it, and the authorization for the event. SUMMARY OF INFORMATION: On January 26, staff sent information about the proposed ceremony to the Board for their approval. Further, I also discussed the event with the Board and was directed to proceed. The total cost of the ceremony was approximately $4,000. This includes the meal, the transportation, printing of invitations and programs, the entertainment and the gifts. Costs were kept low because County staff was involved to a significant extent: the Director of the Utility Department assembled the plaques, and the invitations and programs were designed in-house. a-~ costs: Gifts - Hats, Mugs, Plaques Invitations Programs Mamie Vest (assistance with planning and arrangements) Entertainment Luncheon 2 servers Meal Total 1302.90 188.55 48.75 700.00 750.00 120.00 880.00 (110 people at 8.00/ea. - attendance was actually around 120) 3990.20 The funds for this event were taken from the public informa- tion portion of the Spring Hollow Water Project budget. Staff has also planned to commemorate the completion of the project when the reservoir has been filled, and the water treatment plant is operating. This was a joyous occasion for the County, and I think that everyone involved did an excellent job in making this an outstanding event. G~~ Elmer C. Hodge County Administrator Approved ( ) Denied ( ) Received ( ) Referred To ACTION Motion by: VOTE No Yes Abs Eddy Kohinke Johnson Minnix Nickens cc: File ACTION NO. ITEM NUMBER Q r AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 23, 1993 AGENDA ITEM: Bond Project Status Report COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Attached is narrative overview of the bond projects approved in the 1992 Bond Referendum (Attachment A) and a time line for the projected/actual activity of the various work components (Attachment B). FISCAL IMPACT• None. STAFF RECOMMENDATION: Questions may be directed to either the specific project coordinator listed on the time line worksheet or John Chambliss. Respectfully submitted, App ~ ved~, _ ~~ ohn M. Chambl'ss, Jr. Elmer C. Ho ge Assistant County Administrator County Administrator ---------------------------------------------------------------- ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Eddy Received ( ) Johnson Referred ( ) Kohinke To ( ) Minnix Nickens BOND PROJECT UPDATE Attachment A March 23, 1993 1992 BOND REFERENDUM PROJECTS PROJECT HIGHLIGHTS NORTH COUNTY LIBRARY The County received 12 architecture/engineering proposals on February 16. A team of staff members reviewed and ranked the proposals based on a set of standard criteria and forwarded to the ranking sheets to the Procurement Department on February 26. Team members are scheduled to meet on March 8 to discuss the rankings and to develop a short list of top ranked firms to be interviewed. The selection process is proceeding smoothly under the guidance of the Procurement Department, and a final selection should be made by the end of March. Deliberations continue in regard to the utilization of the current branch library site. STORMWATER MANAGEMENT PLAN AND DRAINAGE PROJECTS The County is seeking matching monies from FEMA to conduct the Master Plan for the Stormwater Management Study which should reduce the County share by approximately 5150,000. These savings can then be directed towards other corrective work to benefit our community. PARKS AND RECREATION Bids will be taken in April, 1993, for lighting projects at Vinyard Park, Byrd field, Starkey Park and the Career Center. ROADS The County submitted a check for 5500,000 to VDOT on January 29, 1993. Plant mix projects (paving) will be submitted for bid in April and incidental contructions projects will be submitted for bid in May. VALLEY TECHPARK The contract to conduct preliminary engineering and road design was awarded to T.P. Parker and Sons on March 4, 1993. Plans are due on April 4, 1993. Detailed engineering is underway as of March 4, 1993. FIRE HYDRANTS To date 21 hydrant locations have been evaluated. Both Salem and Roanoke City have been contacted regarding the tapping of their water lines for the placement of County hydrants. D - ~' BOND PROJECT UPDATE Attachment B March 23, 1993 NORTH COUNTY LIBRARY BUDGET CONTRACT EXPENDITURES TO DATE S 1,500,000 S 2,500.00 PROJECT COORDINATOR: SPENCER NATTS ACCOUNT CODE: 104030 TASK 1 9 9 3 BUDGET JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC A & E PROPOSALS PLANNED ' " <' "'> '' '' ' ACTUAL BIDS PLANNED ACTUAL CONSTRUCTION PLANNED ACTUAL TOTAL PLANNED ACTUAL COMMENTS: The County received twelve architecture/engineering proposals on February 16. A team of staff members reviewed and ranked the proposals based on a set of standard criteria. Ranking sheets were forwarded to the Procurement Department on February 26. Team members are scheduled to meet on March 8 to discuss the rankings, and to develop a short list of top ranked firms to be scheduled for interviews. The selection process is proceeding smoothly under the guidance of the Procurement Department, and a final selection should be made by the end of March. Deliberations continue in regard to the utilization of the current branch Library site. The timeline for construction of the library in 1994 has been extended from September to November. 1 ~~ BOND PROJECT UPDATE Attachment B March 23, 1993 DIXIE CAVERNS LANDFILL CLOSEOUT BUDGET CONTRACT EXPENDITURES TO DATE S 2,750,000 PROJECT COORDINATOR: GEORGE SIMPSON ACCOUNT CODE: 104040 TASK 1 9 9 3 BUDGET JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC RFP ENGINEERING PLANNED SERVICES ACTUAL LECT ANNED ............ ............. ............ ............. ............ ............. ............ :............ ............. ............ ............. ............ ............. ............ ............. ............ CONSULTANT ACTUAL PRELIMINARY PLANNED c,?s> '' ,.:..: . . ENGINEERING ACTUAL EPARE ANNED ............. ............ ............. ............ ............. ............ ............. ............ ............. :............ ............ ............. ............ ............. ............ ............. ............ ............. ............ ............ CONSTRUCTION DOCUMENTS ACTUAL ADVERTISE PLANNED FOR BIDS ACTUAL AWARD CONTRACT PLANNED ACTUAL CONSTRUCTION PLANNED ACTUAL SUBSTANTIAL PLANNED COMPLETION ACTUAL PROJECT PLANNED CLOSEOUT ACTUAL TOTAL PLANNED ACTUAL COMMENTS: z a-~ BOND PROJECT UPDATE Attachment B March 23, 1993 DRAINAGE PROJECTS -SIERRA DR/FENWICK DR BUDGET CONTRACT EXPENDITURES TO DATE S 90,000 PROJECT COORDINATOR: BUTCN WORg1AN ACCOUNT CODE: 104050 TASK 1 9 9 3 BUDGET JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC SELECT SURVEYING PLANNED FIRM ACTUAL PRELIMINARY PLANNED ENGINEERING (FIELD) ACTUAL ACTUAL SURVEY PLANNED ;.: ACTUAL DESIGN PLANNED ACTUAL MEET WITH PLANNED CITIZENS ACTUAL BID, PRE-BID PLANNED ............. ............. ............ ............ CONFERENCE ACTUAL AWARD CONTRACT PLANNED ACTUAL CONSTRUCTION PLANNED ACTUAL TOTAL PLANNED ACTUAL COMMENTS: 1. No easements needed. 2. Coordinate with VDOT (95% Project in VDOT RW) 3 D-~ BOND PROJECT UPDATE Attachment B March 23, 1993 DRAINAGE PROJECTS -GREEN VALLEY BUDGET CONTRACT EXPENDITURES TO DATE $ 75,000 $ 97,500 PROJECT COORDINATOR: BUTCH WORKMAN ACCOUNT CODE: 104050 TASK SELECT PLANNED SURVEYING FIRM ACTUAL PRE. ENGINEERING PLANNED (FIELD) PHASE I & II ACTUAL (AERIAL) ACTUAL SURVEY PLANNED PHASE II ONLY ACTUAL DESIGN PHASE I & PLANNED II ACTUAL MEET WITH VDOT/ PLANNED CITIZENS PHASE I ACTUAL MEET W/CITIZENS- PLANNED PHASE II AWARD CONTRACT - PHASE ! ACTUAL CONSTRUCTION TOTAL PLANNED ACTUAL 1 9 9 3 FEB MAR APR MAY JUN JUL AUG SEP OCT COMMENTS: 1. No permanent easements needed. 2. Phase 1 Murray Run below F & W Bldg. F (Upstream from Phase II) 3. Phase II Trunk line along Colony Ln. & drainage easement 4. Discuss curb & gutter option w/VDOT along portion of Colony Ln. 5. Phase I - 57,500 from F & W & 515, 000 from Drainage Budget; Phase II - $75,000 from Bond 6. P-120 to be constructed with Phase II 4 o-~ BOND PROJECT UPDATE Attachment B March 23, 1993 DRAINAGE PROJECTS -NOTTINGHAM HILLS AREA BUDGET CONTRACT EXPENDITURES TO DATE S 45,000 PROJECT COORDINATOR: BUTCH WORKMAN ACCOUNT CODE: 104050 TASK 1 9 9 3 BUDGET JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC ......................... ......................... ......................... ......................... ......................... ......................... ......................... ......................... ......................... PRELIMINARY PLANNED ENGINEERING (FIELD) ACTUAL ......................... ......................... ......................... ......................... ......................... ......................... ......................... ......................... ......................... MEET WITH PLANNED CITIZENS ACTUAL ...................................... HOURLY PLANNED CONSTRUCTION CONTRACT ACTUAL TOTAL PLANNED ACTUAL COMMENTS: 1. No permanent easements needed 2. To be in conjunction with P-103 3. Projects are in three (3) locations - Cave Spring Ln., Cynthia Dr., & Farmington Dr. 5 BOND PROJECT UPDATE Attachment B March 23, 1993 0-7 STORMWATER MANAGEMENT MASTER PLAN BUDGET CONTRACT EXPENDITURES TO DATE $ 300,000 PROJECT COORDINATOR: GEORGE SIMPSON ACCOUNT CODE: 104050 TASK 1 9 9 3 BUDGET JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC APPLY FOR FEMA PLANNED GRANT OF MATCHING FUNDS ACTUAL RFP ENGINEERING PLANNED SERVICES ACTUAL SELECT PLANNED CONSULTANT ACTUAL PRELIMINARY PLANNED ENGINEERING ACTUAL PREPARE PLANNED WATERSHED PLANS ACTUAL REGIONAL POLICY PLANNED ACTUAL REMEDIAL PROJECT PLANNED INVESTIGATION ACTUAL REMEDIAL PROJECT PLANNED CONSTRUCTION ACTUAL TOTAL PLANNED ACTUAL )MMENTS: The County is seeking matching monies from FEMA to conduct the Master Plan for the Stormwater Management Study which should reduce the County share by approximately $150,000. These savings can then be directed towards other corrective work to benefit our community. b BOND PROJECT UPDATE Attachment B March 23, 1993 ~` / PARKS AND RECREATION PROJECTS BUDGET CONTRACT EXPENDITURES TO DATE S 1,750,000 PROJECT COORDINATOR: JOHN CHAMBLISS ACCOUNT CODE: 104209, 104201, 104203 104204 TASK 1 9 9 3 BUDGET JAN FEB MAR APR MAY JUN ............. JUL ............ AUG ............. SEP ............ OCT ............. NOV ............ DEC 41ALROND PARK PLANNED 31 000 E...G... ..EIsIG::: ::BID`::: ..C..N... ...GO..... ...CRaN;:; SOCCER FIELD ACTUAL ............ ............. ........... ............. ............ ............. ............ ............. ............ ............. ............ ............. ............ ............. ............ ............. ............ ............. UALROND PARK PLANNED 62 000 . ............. ?;E:NG::: ............ :>:EN;G:>: ............. :#>B:ID:: ............ ;::GON:;; ............. N<> iz:E~..::. ............ ~ E q :....0..... 2 BASEBALL FIELDS ACTUAL NORTHSIDE PLANNED 52.000 >ENG ,. ENG B:ID::. ..:CON..; ...£ON CL3N'. REALIGN FIELDS BONSACK PARK I~ PLANNED ~ 20,000 BALL FIELD BONSACK PARK PLANNED 15 000 >EIVG `"ENG B:II).>:: CON::> .»CtIN<' :;USE '' PICNIC SHELTER ACTUAL BONSACK PARK PLANNED 10,000 E~EG> :::::::: >:B:IU:>: PLAYGROUND E~UIPT. ACTUAL VINYARD PARK I PLANNED 62 000 ';:ENG:: E~kG?.; >:B.iD.>: >CON< ..CUN. CON?: 2 BASEBALL FIELDS ACTUAL VINYARD PARK 1 LIGHT SOCCER PLANNED 150,000 ENG lNG Bliy 'GON CON.. ..~!$E FIELDS ACTUAL »:ENG>>~` TOTAL PLANNED 402 000 ACTUAL COMMENTS: Northside - Engineering services contract issued to Lumsden Associates, P.C., to design the realignment of the two baseball fields and one soccer field being displaced by the construction of the new Forensics Lab by the State. The engineering will include the site design, drainage issues, and master planning of the site for future consideration of such items as utilities for restrooms, parking, lighting, etc. Construction should occur in the Spring of 1993. Bonsack Park - County and School officials have met with Engineering consultants to review the site and begin determining which part of the tract will be suitable for the development of the park facilities. Construction should begin in the Spring of 1993. 7 O- ~'' BOND PROJECT UPDATE Attachment B March 23, 1993 PARKS AND RECREATION PROJECTS BUDGET CONTRACT EXPENDITURES TO DATE S 1,750,000 PROJECT COORDINATOR: JOHN CHAMBLISS ACCOUNT CODE: 104204, 104210, 104212 104205, 104207 TASK 1 9 9 3 BUDGET JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC ......................... ......................... ......................... ......................... ......................... ......................... ......................... ......................... VINYARD PARK I PLANNED 25 000 ?'.`:::ERG:'.:'.:::'.€:€'.E~iG<: PARKING ACTUAL K PLANNED 25 000 '>:EIEG»» EH6:<'s BFD! »GIIH#r< »Gi7N's.<: <t3SE>'> VINYARD PAR I _.... RESTROOM UTIL ACTUAL ......................... ......................... ......................... ......................... ......................... ......................... ......................... VINYARD PARK I PLANNED 50 000 ENG='! "'>(NG"> LIGHT BASEBALL ACTUAL ......................... ......................... ......................... ......................... ......................... ......................... ......................... ......................... VINYARD PARK I PLANNED 25 000 ENG::::> ::::>ENG:>: CONCESSION/STORAGE ACTUAL . PLEASANT ANNED 000 ............. ............ ............ ............. ............ ............ ><NG'`''< ............ ............. ............. ............ ............. ............. '':ERG?< ............. ............ ............ ............. ............ ....... ............ :>Ba0<_ PARK BALL FIELD ACTUAL STONEBRIDGE PARK PLANNED 25,000 ............ ?:'::ERG:'::? ............. `::`::'.tr1~G: RESTROOM UTILITY ACTUAL BYRD SCHOOL PLANNED 60 000 »ENG Ef#G __ BID''; ,;CON.;'.: >.£ON iISE's LIGHT BASEBALL FIELD ACTUAL f'NG WHISPERING PINES PLANNED 31,000 1=1~G.: .ENG..' BID '' ;GQN' GQfI ..CtJH PARK BASEBALL FIELD ACTUAL TOTAL PLANNED ACTUAL 281 000 COMMENTS: Ball Fietd Lighting -The County's lighting consultant has been provided with sketches of the sites for lighting and will help to determine the technical specifications for the lighting contracts. The lights on the soccer fields at Vinyard Park and William Byrd baseball field should occur during the Summer of 1993. Lighting -Bids will be taken in April, 1993, for lighting projects at Vinyard Park, Byrd field, Starkey Park and the Career Center Lighting projects. Construction should occur as noted on the table. 8 0-7 BOND PROJECT UPDATE Attachment B March 23, 1993 PARKS AND RECREATION PROJECTS BUDGET CONTRACT EXPENDITURES TO DATE $ 1,750,000 PROJECT COORDINATOR: JONN CHAMBLISS ACCOUNT CODE: 104207, 104211, 104206, 104213, 104202 TASK 1 9 9 3 BUDGET JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC WHISPERING PINES PLANNED 60,000 ............. &KG:'.€'. ............ '€'.'.EHG' PARK LIGHT BALL FIELD ACTUAL WHISPERING PINES PLANNED 25 000 ENG . ........ ...EKG.; .. :.BTii::. s::CON. CON_ '::.GON:> PARK RESTROOM UTILITIES ACTUAL WHISPERING PINES PLANNED 36 000 :.:EKG::;: _:EtiG:'' ::`.13aD'.'... >IrON . ;:.CON... '_EON::€: ':€.i1;:E::>:: PARK TENNIS/ BASKETBALL COURT ACTUAL EEN HILL PARK ANNED ,000 ............. ............ ............. ............ ............. ............ ............. Ef~[G;?€; ............ ............. ............ ............. ............ ............. ............ z>fri~G;;; 2 PICNIC SHELTERS ACTUAL GARST MILL PARK PLANNED 124,000 CNG>: 'E1~G: .HiD '' ;.C6N,. .'CON i1SE> LIGHT 2 BALL FIELDS ACTUAL WINDSOR HILL PLANNED 50 000 ;;::BID!'';; AREA PURCHASE LAND ACTUAL WINDSOR HILLS PLANNED 62 000 ;E1iEG' >%Ei~fG`; ;BID AREA 2 BALL FIELDS ACTUAL STARKEY PARK PLANNED 62,000 'E=i~G BiD CQN`< CQN.. .aISE ''»USE.:: 2 BASEBALL FIELDS ACTUAL r<(NG IH6 TOTAL PLANNED ACTUAL 449 000 COMMENTS: Starkey Park -Engineering services contract issued to Balzer and Associates, Inc., to design two baseball fields and correct a drainage concern near the existing baseball field at this site. Construction should occur in the Spring of 1993. 9 a-~ BOND PROJECT UPDATE Attachment B March 23, 1993 PARKS AND RECREATION PROJECTS BUDGET CONTRACT EXPENDITURES TO DATE S 1,750,000 PROJECT COORDINATOR: JOHN CNAMBLISS ACCOUNT CODE: 104202, 104214, 104218, 104220, 104219 TASK 1 9 9 3 BUDGET JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC STARKEY PARK PLANNED 31 000 ............ ENG ............. ::11~G'.'. ............ '.#€'.BTD:: 1 BASEBALL FIELD ACTUAL STARKEY PARK PLANNED 62 000 ENG: .E14G„ 6ii] GDN €QN3E '>`t35E;:: LIGHT 1 FIELD ACTUAL ARKEY PARK ANNED ,000 ............ ............. ............ ............. ............ ............. ............ <~~~~::> ............. ............ ............. ............ ............. ............ ............. » ~~~+ RESTROOM UTILITIES ACTUAL TENNIS COURT PLANNED 210,400 LNG :: BTI~ "`GiSN COH..:. RENOVATIONS ACTUAL '''' €hfG» BALL FIELD PLANNED 62 000 ET!LG::. ;:BI[~::: ::.CON.; '.CON ! ;~l~G: ~.8`It~:':: FENCING ACTUAL '>E>~FGi ............. "`EN6`>'.> ............ FACILITY REPAIRS PLANNED 41,000 ............. ENG ............ 'ENG ............ `BID.;: ............ CON ............. >GONs>:: CRAIG AVENUE ACTUAL FACILITY REPAIRS PLANNED 11 000 ENG ENG !6ID GQN CON.:: LEISURE ARTS ACTUAL FACILITY REPAIRS PLANNED 4,500 ............ :::>:>:::>::>::>::> ~N~ :: ........... ::>::>::>::>::>; ::.:.:..::.. .::_.:.,.;;;, ;:..,.,...... ............ WALROND OFFICE BLDG. ACTUAL TOTAL PLANNED 446 900 ACTUAL COMMENTS: Tennis Court Renovations -The County's consultant has reviewed the tennis courts used by the tour Nigh Schools of the County to determine the degree of repairs that will required and will help to evaluate the remaining courts in future phases. Repairs will occur during the Summer of 1993 after use by the school teams. Ball Field Fencing -Technical specifications have been prepared and the inventory of fencing needs has been established. Bids will be taken in early March to repair fences and to establish the fencing cost for new ball fields. 10 BOND PROJECT UPDATE Attachment B March 23, 1993 PARKS AND RECREATION PROJECTS BUDGET CONTRACT EXPENDITURES TO DATE S 1,750,000 PROJECT COORDINATOR: JOHN CHANBLISS ACCOUNT CODE: 104221, 104216, 104217, 104208 TASK ADA ACCESS ~~ PLANNED ~ 15,100 1 9 9 3 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC GROUND COVER FOR PLANNED 42 000 :EIJG: `B:D?:::>GON:::::E[lN::::G~bl::: PLAYGROUND EQUIP ACTUAL ...... INFIELD SURFACE PLANNED 54,000 ENG BiD Gab' CON '' ~i~Gri.I>ti; MATERIALS FOR BASEBALL FIELDS ACTUAL CAREER CENTER PLANNED 60 000 ,';ENI'i"', 3s.6'1D.: >3GON'::.CQM.`:> REPLACE LIGHTS ACTUAL TOTAL PLANNED 171 100 ACTUAL COMMENTS: 11 0-7 BOND PROJECT UPDATE Attachment B March 23, 1993 ROAD PROJECTS BUDGET CONTRACT EXPENDITURES TO DATE $ 500,000 S 500,000.00 S 1,000,000 PROJECT COORDINATOR: ARNOLD COVEY ACCOUNT CODE: 104070 TASK 1 9 9 3 BUDGET JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC B of S PLANNED APPROPRIATE FUNDS ACTUAL VDOT PREPARES PLANNED BIDS ACTUAL VDOT ADVERTISES PLANNED ACTUAL VDOT AWARDS PLANNED CONTRACT ON ALL PROJECTS (57) ACTUAL ........................ .................................................. ............................................................................ ........................................................................... ALL PROJECTS PLANNED ''' '' „:: ..... ....... CONSTRUCTED AND COMPLETED ACTUAL TOTAL PLANNED ACTUAL COMMENTS: The County will issue its check for matching monies to VDOT during January, 1993, so that the construction may begin with the 1993 construction season. *5500,000 check (County) submitted to VDOT on January 29, 1993. Plant mix projects (paving) bid month of April. Incidental construction projects bid month of May. 12 V` BOND PROJECT UPDATE Attachment B March 23, 1993 VALLEY TECHPARK BUDGET CONTRACT EXPENDITURES TO DATE S 750,000 PROJECT COORDINATOR: TIM GUBALA ACCOUNT CODE: TASK 1 9 9 3 BUDGET JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC REZONING - PLANNED REMOVE 200' BUFFER (a.) ACTUAL MASTER PLAN PLANNED ACTUAL LAND PLANNED ACQUISITION/ EXCHANGE ACTUAL DETAIL PLANNED ENGINEERING (c.) ACTUAL DUSTRIAL ANNED ............ ............. ............ ............. ............ ............. ............ ............. ........... .......... . ............ ............. ............ ............. ............ ............ ........... ........... ............ ............. ............ ............. ............ ............. ............ ............ ............ ............. ............ ............. ............ ............. ............ ............. ............ ACCESS REQUEST (b.) ACTUAL CONSTRUCTION PLANNED BIDS ACTUAL ART ROAD, ANNED ............ ............ ............. ............ ............ ............ ............. ............ ............. ............ ............ ............ ............ ............ _-:::::. ............. ............ ............. ............ ............. ............ ............. ............ ............. ............ ............. ............ ............. ............ :::::_. UTILITY CONSTRUCTION ACTUAL TOTAL PLANNED ACTUAL COMMENTS: (a.) Rezoning to remove the 200' buffer is not required due to the County Zoning Ordinance adoption on 12/31/92. (b.) On January 12, 1993, the Board of Supervisors authorized staff to seek Industrial Access Funds from VDOT using the bond allocation as front money. When qualifying tenants have located in the Park, the monies may be reimbursed to the County and returned to the project to further development efforts to enhance the site's marketability. Contract to conduct preliminary engineering and road design was awarded to T.P. Parker & Sons on March 4, 1993. Plans are due April 4, 1993. (c.) Detailed engineering underway effective March 4, 1993. 13 BOND PROJECT UPDATE Attachment B March 23, 1993 FIRE HYDRANTS BUDGET CONTRACT EXPENDITURES TO DATE S 184,000 To be awarded the end of November None until August PROJECT COORDINATOR: RON EDYARDS ACCOUNT CODE: ~"~ TASK 1 9 9 3 BUDGET JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC PREPARE SITE PLANNED LOCATION MAPS ACTUAL PREPARE PLANNED SPECIFICATIONS FOR FIRE HYDRANTS ACTUAL BID FIRE HYDRANTS PLANNED ACTUAL ......................... ......................... ......................... ......................... ......................... ......................... ......................... ......................... ......................... BID INSTALLATION PLANNED OF HYDRANTS ACTUAL INSTALLATION PLANNED ACTUAL FINAL INSPECTION, N E AND PLANNED ACCEPTA C PROJECT COMPLETION ACTUAL TOTAL PLANNED ACTUAL COMMENTS: To date 21 hydrant locations have been evaluated. Both Salem and Roanoke City have been contacted regarding the tapping of their water lines for the placement of the County hydrants. 14 BOND PROJECT UPDATE Attachment B March 23, 1993 PURCHASE OF LAND FOR HIGH SCHOOL BUDGET CONTRACT EXPENDITURES TO DATE S 750,000 $ 240,121.01 PROJECT COORDINATORS: JOHN CHAMBLISS AND HOMER DUFF ACCOUNT CODE: 155140 ~~ TASK 1 9 9 3 BUDGET JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC PURCHASE OF LAND II PLANNED TOTAL I PLI ACTUAL COMMENTS: The first of several tracts of land to be purchased for the eventual building of a new Cave Spring High School has been completed. The site is located immediately in front of Penn Forest Elementary School and across from Starkey Park. Although there are no immediate plans to construct the school, the land will be preserved for the eventual development and will be used for Parks and Recreational purposes until that time. The acquisition cost including testing for the 28 acres tract was 5240,121.01. 15 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: AGENDA ITEM: March 23, 1993 Joint Work Session with the Planning Commission COIINTY ADMINISTRATOR'S COMMENTS: SIIMMARY OF INFORMATION: This is a continuation of the March 9, 1993 joint work session with the Planning Commission. At that time, the Board and Planning Commission discussed Alternative Discharging Sewage Systems. However, because of time constraints, other issues were not discussed. At 5:00 p.m., the Board will break from their regular session and meet with the Planning Commission to discuss the following items. 1. The Planning Commission 1993-94 Work Program 2. The Blue Ridge Parkway 3. Update on the New Zoning Ordinance Following the work session the Board and Planning Commission will recess for dinner together. Elmer C. Hodge' County Administrator ---------------------------------------------------------------- ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Eddy Received ( ) Johnson Referred ( ) Kohinke To ( ) Minnix Nickens March 23, 1993 EXECUTIVE SESSION County staff requests the Board to adopt a motion to enter into executive session within the provisions of the Virginia Freedom of Information Act as follows: (a) to discuss the acquisition of real property for public utility purposes, water transmission line in accordance with Section 2.1-344.A.3. of the Code of Virginia, 1950, as amended. (b) consultation with legal counsel and briefings by scat! members pertaining to Smith Gap Landfill contract in accordance with Section 2.1-344.A.7. of the 1950 Code of Virginia, as amended. (c) to discuss a personnel matter in accordance with Section 2.1-344.A.1 of the Code of Virginia, 1950, as amended. AT A REGIILAR MEETING OF THE BOARD OF SIIPERVISORS OF ROANORE COIINTY, VIRGINIA, HELD AT THE ROANORE COIINTY ADMINISTRATION CENTER ON TIIESDAY, MARCH 23 1993 RESOLIITION 32392-8 CERTIFYING EBECIITIVE 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 Johnson to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: Brenda J. Ho ton, Deputy Clerk Roanoke County Board of Supervisors cc: File Executive Session 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 23, 1993 AGENDA ITEM: Public Hearing and First Reading on Proposed Amendments to the Zoning Ordinance and County Sewer Ordinance to Allow Alternative Discharging Sewage Systems. COUNTY ADMINISTRATOR' S COMMENTS : ~~~ ~,~~_z~~•/C In September 1992, the Board of Supervisors instructed the Planning Commission to evaluate the use of Alternative Discharging Systems in Roanoke County as an option for replacing a failed septic system. The Commission and staff have researched available literature, existing state regulations, and met with representatives of the current regulating agency, the Virginia Department of Health (VDH). This information has been conveyed to you previously in the Summary Report on Alternative Discharging Sewage Systems. A draft ordinance was prepared and discussed at a Commission work session on February 16. On March 2, following the public hearing, the Planning Commission recommended approval of the proposed amendments for these discharging systems. SiTNII~iARY OF INFORMATION: Attached is a copy of the proposed amendments to the Zoning Ordinance to allow Alternative Discharging Sewage Systems in Roanoke County. This ordinance is tied closely with the VDH regulations which allows these systems only after all other methods of sewage disposal have been explored and exhausted. In addition, VDH has very stringent regulations on the installation, maintenance and monitoring of these systems. The proposed amendments have also been revised to delete the requirement that the residence be owner occupied, based on the discussions of the Board at the joint work session on March 9, 1993. Finally, Mr. Mahoney has placed the amendments into the traditional legal framework for your consideration. .' ~ -i,~, ~ 2 Next, you will find attached an ordinance amending § 18-63.1 of the Roanoke County Code to cross-reference alternative discharging sewage systems from the County Code (Sewer Ordinance) to the Zoning Ordinance. STAFF RECOMMENDATION: Staff recommends as follows: 1. That the Board of Supervisors hold the public hearing and first reading on both ordinances on March 2 3 and schedule the second reading for the April 27 meeting. Respectfully Submitted, -~icf° Terrance Harr' gton, AICP Director of Pla ning and Zoning Approved, Elmer C. Hodge County Administrator Action Approved ( ) Denied ( ) Received ( ) Referred to Motion by Eddy Johnson Kohinke Minnix Nickens Vote No Yes Abs S- /~... AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 23, 1993 ORDINANCE AMENDING AND REENACTING SECTION 18-63.1 "PROCEDURES AND FEES FOR ISSUANCE OF PERMITS FOR SEPTIC TANKS, ON-SITE SEWAGE DISPOSAL SYSTEMS AND WELLS" TO PROVIDE FOR ALTERNATIVE DISCHARGING SEWAGE SYSTEMS WHEREAS, failing septic systems pose a direct and immediate threat to the public health, safety and welfare of this community, as well as a demonstrable financial hardship to the individual homeowner and citizen; and, WHEREAS, alternative discharging sewage systems constitute a method of sewage disposal as a replacement for a failing, pre- existing individual single family system where no other alternative for sewage disposal exists; and, WHEREAS, alternative discharging sewage systems are not a proven nor acceptable technology for general application or for new construction since these systems are in conflict with the County's growth management policies, and pose a threat to the protection of water quality and, WHEREAS, the Planning Commission and the Board of Supervisors have conducted several work sessions on this issue, and have considered the staff's "Summary Report on Alternative Discharging Sewage Disposal Systems"; and, WHEREAS, Section 62.1-44.15:3 of the Code of Virginia provides that no application for a permit to discharge of sewage into state waters shall be considered complete unless the local governing body of the affected jurisdiction certifies that the location and operation is consistent with all local planning, subdivision and 1 S- /~.,, zoning ordinances (ordinances adopted pursuant to Chapter 11 of Title 15.1 of the State Code); and, WHEREAS, the Virginia Department of Health and the Virginia Water Control Board have developed regulations, policies and procedures to approve the installation and operation of alternative discharging sewage systems in conjunction with their review and approval by local governing bodies of counties, cities and towns in this Commonwealth; and, WHEREAS, this ordinance is adopted pursuant to the authority found in Section 15.1-520, 15.1-856, 62.1-44.15:3, Article 1 of Chapter 6 of Title 32.1, and Chapter 11 of Title 15.1, of the Code of Virginia, 1950, as amended; and, WHEREAS, the first reading and public hearing on this ordinance was held on March 23, 1993, and the second reading of this ordinance was held on April 27, 1993. BE IT ORDAINED, by the Board of Supervisors of Roanoke County, Virginia as follows: 1) That Sec. 18-63.1 - Procedures and fees for issuance of permits for septic tanks, on-site sewage disposal systems and wells is hereby amended and reenacted as follows: (a) All buildings in the county in those areas where septic tanks are permitted shall have an on-site sewage disposal system,,, alternative discharging sewage system or septic tanks installed for the disposing of sewage and other human waste. (b) Before any on-site sewage disposal, alternative discharging sewage system or septic tank systems or private wells 2 ...`~ - lcx., are constructed or installed, it shall be the duty of the landowner upon whose land the construction or installation shall take place to secure a permit to be issued by the health department. Application for such permit(s) shall be made to the county's department of development and inspection, or its successor, upon forms prescribed by the health department. Before any alternative discharging sewage systems are constructed or installed, the applicant shall secure a special use permit as required by the Roanoke County Zoninq Ordinance. (c) There is hereby established a county permit fee of fifty dollars ($50.00) for each on-site sewage disposal system alternative discharging sewage system or septic tank. This permit fee, along with the state permit fee of fifty dollars ($50.00) shall be paid to the treasurer at the time application is made for a permit and before the application will be processed by the health department. The state permit fee of twenty-five dollars ($25.00) for construction of a private well likewise shall be paid to the treasurer at the time application is made for such permit and before processing by the health department. The treasurer shall not collect the state fee(s) from owner's whose family income is at or below the applicable income guidelines as provided under state regulation. (d) The health department shall review this permit application based upon the requirements and regulations promulgated pursuant to title 32.1 of the Code of Virginia. Any septic tank permit issued under this section shall be valid for a period of fifty-four (54) 3 .~-1a.. months from the date of issuance unless there has been a substantial, intervening change in the soil or site conditions where the septic system is to be located. The availability of a public sewer system shall constitute a substantial intervening change in the site conditions to void a permit. (e) In the event the health department denies a permit on the land on which the owner seeks to construct his principal place of residence, the county's portion of the state application fee shall be refunded to the owner. Such fee shall not be refunded by the county until final resolution by the health department of any appeals made by the owner from such denial. (f) Applications shall be limited to one site specific proposal. When site conditions change, or the needs of the applicant change, or the applicant proposes and requests another site be evaluated, and a new site evaluation is conducted, a new application and fee is required. (g) Any person, firm, or corporation violating any provisions of this section shall be subject to a Class 3 misdemeanor for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Further, any violation or attempted violation of this section may be restrained, corrected, or abated by injunction or other appropriate proceeding. 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, 4 -~ /~. and the same hereby are, repealed. C:\W PS]\AGENDA\CODEVILTDIS.SYS `5-/,~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 23, 1993 ORDINANCE AMENDING AND REENACTING THE 1992 ROANOKE COUNTY ZONING ORDINANCE TO PROVIDE FOR ALTERNATIVE DISCHARGING SEWAGE SYSTEMS WHEREAS, failing septic systems pose a direct and immediate threat to the public health, safety and welfare of this community, as well as a demonstrable financial hardship to the individual homeowner and citizen; and, WHEREAS, alternative discharging sewage systems constitute a method of sewage disposal as a replacement for a failing, pre- existing individual single family system where no other alternative for sewage disposal exists; and, WHEREAS, alternative discharging sewage systems are not a proven nor acceptable technology for general application or for new construction since these systems are in conflict with the County's growth management policies, and pose a threat to the protection of water quality and, WHEREAS, the Planning Commission and the Board of Supervisors have conducted several work sessions on this issue, and have considered the staff's "Summary Report on Alternative Discharging Sewage Disposal Systems"; and, WHEREAS, Section 62.1-44.15:3 of the Code of Virginia provides that no application for a permit to discharge of sewage into state waters shall be considered complete unless the local governing body of the affected jurisdiction certifies that the location and operation is consistent with all local planning, subdivision and 1 S -/~ zoning ordinances (ordinances adopted pursuant to Chapter 11 of Title 15.1 of the State Code); and, WHEREAS, the Virginia Department of Health and the Virginia Water Control Board have developed regulations, policies and procedures to approve the installation and operation of alternative discharging sewage systems in conjunction with their review and approval by local governing bodies of counties, cities and towns in this Commonwealth; and, WHEREAS, this ordinance is adopted pursuant to the authority found in Section 15.1-520, 15.1-856, 62.1-44.15:3, Article 1 of Chapter 6 of Title 32.1, and Chapter 11 of Title 15.1, of the Code of Virginia, 1950, as amended; and, WHEREAS, the first reading and public hearing on this ordinance was held on March 23, 1993, and the second reading of this ordinance was held on April 27, 1993. BE IT ORDAINED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the following amendments are being proposed to the 1992 Roanoke County Zoning Ordinance, which went into effect on December 31, 1992. I. 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 a pre- 2 ~-1.~ 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 a single family residence constructed prior to the date of 3 S-/.~ 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 4 . ~ - /.~ 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. 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 5 s_i~ 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 355-34-400)." 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; and, 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 bhp-~~-~~ ~-`- -` -`~5 ~// ~, ~. April y~3, 1993 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 6 s-~6 4. 5. Virginia. Systems with experimental approval shall be prohibited in Roanoke County. 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. Use of an intermittent stream or dry ditch as the discharge point may be permitted by the Board of Supervisors under the following conditions: 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. 7 S-/,,~ 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 8 /,~ 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 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. 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. c:\wp51\agenda\code\ahdis.zon 9 Ti AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 23, 1993 ORDINANCE 32393-9 AMENDING AND REENACTING § 21-202 OF THE ROANORE 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 ~-T 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 1 installments, a proportionate share of the tax 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. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Kohinke, Eddy, Nickens NAYS: Supervisor Johnson ABSTAIN: Supervisor Minnix A COPY TESTE: l Brenda J. H ton, Deputy Clerk Roanoke County Board of Supervisors cc: File Circuit Court C. O. Clemens, Judge Kenneth Trabue, Judge Steven A. McGraw, Clerk Family Court Services Joseph M. Clark, II, Judge Philip Trompeter, Judge Peggy H. Gray, Clerk Intake Counsellor General District Court John L. Apostolou, Judge George Harris, Judge Theresa A. Childress, Clerk Skip Burkett, Commonwealth Attorney Paul M. Mahoney, County Attorney Magistrates Sherri Krantz/Betty Perry Main Library John H. Cease, Police Chief Roanoke Law Library, 315 Church Ave, S.W., Rke 24016 Roanoke County Code Book Gerald S. Holt, Sheriff John M. Chambliss, Jr., Assistant County Adm Don C. Myers, Assistant County Adm Diane D. Hyatt, Dir, Finance Reta R. Busher, Dir, Mgt & Budget O. Arnold Covey, Dir, Eng & Insp Terrance L. Harrington, Dir, Plan & Zoning Kenneth L. Hogan, Chief Animal Control Officer Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue Dir, Parks & Recreation Elaine Carver, Dir, Procurement John D. Willey, Dir, Real Estate Assess Michael Lazzuri, Court Services 2 ACTION NO. ITEM NO. T AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 23, 1993 AGENDA ITEM: Ordinance amending Roanoke County Code Transient Occupancy proceeds from this effective date and reenacting § 21-202 of the authorizing an increase in the Tax from 2$ to 5$, allocating increase, and providing for an COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: J( By Ordinance 85-120 adopted July 9, 1985, the Roanoke County Board of Supervisors imposed a Transient Occupancy Tax on hotels and travel campgrounds in the amount of two (2~) percent of the total amount of charge for the occupancy of any room or space provided. SUMMARY OF INFORMATION: The 1993 session of the Virginia General Assembly adopted House Bill 38 which amended the Roanoke County Charter allowing an increase in the local Transient Occupancy Tax from 2$ 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 $300,000 per year. STAFF RECOMMENDATION: Staff recommends adoption of the attached ordinance. 1 ~! / Respectfully submitted, Paul M. Mahoney County Attorney Action Approved ( ) Motion by Eddy Denied ( ) Johnson Received ( ) Kohinke Referred Nickens to Minnix c:\wp51 \agenda\code\transien Vote No Yes Abs 2 ~- / AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 23, 1993 ORDINANCE AMENDING AND REENACTING § 21-202 OF THE ROANOKE COUNTY CODE AUTHORIZING AN INCREASE IN THE TRANSIENT OCCUPANCY TAX FROM 2$ 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 } 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 3 ~~ 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:\wp5l~agenda\eode\transien 4 t ~, AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 23, 1993 ORDINANCE 32393-10 GRANTING A SPECIAL USE PERMIT TO NELSON B. AND BRENDA Z. GREENS TO CONSTRUCT A PRIVATE STABLE ON A PORTION OF A 10.5-ACRE PARCEL LOCATED AT 4712 REAGY ROAD, WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, Nelson B. and Brenda Z. Greene have filed a petition to construct a private stable on a portion of a 10.5-acre parcel located at 4712 Keagy Road in the Windsor Hills Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on March 2, 1993; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on February 23, 1993; the second reading and public hearing on this matter was held on March 23, 1993. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit for the construction of a private stable on a portion of a 10.5-parcel located at 4712 Keagy Road in the Windsor Hills Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 (b) of the 1950 Code of Virginia, as amended. 2. That the Board hereby grants a Special Use Permit to Nelson B. and Brenda Z. Greene to construct said private stable. 1 4 On motion of Supervisor Eddy to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: Brenda J. Ho on, Deputy Clerk Roanoke County Board of Supervisors cc: File Terrance L. Harrington, Director, Planning & Zoning Arnold Covey, Director, Engineering & Inspections John D. Willey, Director, Real Estate Assessment Paul M. Mahoney, County Attorney 2 PETITIONER: NELSON & BRENDA GREENS CASE NUMBER: 3-3/93 Planning Commission Hearing Date: March 2, 1993 Board of Supervisors Hearing Date: March 23, 1993 A. REQUEST Petition of Nelson B. & Brenda Z. Greene for a Special Use Permit to construct a private stable on a portion of a 10.5 acre parcel, located at 4712 Keagy Road, Windsor Hills Magisterial District. B. CITIZEN COMMENTS None. C. SUMMARY OF COMMISSION DISCUSSION None. D. RECOMMENDED CONDITIONS None. E. COMMISSION ACTION(S) Mr. Thomason moved to recommend approval of the petition. The motion carried with the following roll call vote: AYES: Robinson, Hooker, Massey, Thomason, Witt NAYS: None ABSENT: None F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: _ Concept Plan _ Vicinity Map Staff Report _ Other ~ ; ;; %;' _ `~_~ --->- , , --~ - Terranc~arringto ,, ecretary Roanoke County 1P arming Commission ,~ STAFF REPORT PART I B. DESCRIPTION This is a request for a SPECIAL USE PERMIT to construct a private stable. Petitioners Nelson and Brenda Greene currently reside at 4811 Greenlee Road and are planning on building a new house on the Keagy Road property. Petitioners' property is approximately 10.5 acres located on the east side of Keagy Road in the Windsor Hills Magisterial District. C. APPLICABLE REGULATIONS Petitioners' property is zoned R-1. Under the new zoning ordinance private stables are permitted in R-1 with a Special Use Permit and must follow additional, more stringent use and design standards as follows: 1. Minimum lot size: 2 acres. 2. On lots of less than five acres, no more than one stable animal per acre shall be permitted. 3. Stables and corrals shall comply with all the setback requirements for accessory buildings. 4. Stables shall properly manage animal waste so as not to create a nuisance or health hazard to adjoining or nearby property owners. Private stables are defined as "the keeping, breeding, or raising of horses or ponies exclusively for the personal use and enjoyment of the owner or occupant of the property or the riding of horses or ponies by the owner or occupant of the property and their guests." 1 A. DCECUTNE SUMMARY f PART II A. ANALYSIS OF EXISTING CONDffIONS 1. Lot Area -This parcel contains approximately 10.5 acres. 2. Improvements -There is a small house on the property. 3. Surrounding Area -The site is bordered to the north and south by other large lots. On the western side of Keagy Road is the Hickory Hill Subdivision. To the east, not adjoining the site, is Route 419. B. ANALYSIS OF PROPOSED DEVELOPMENT 1. Use -Petitioners are proposing to build aone-story barn for their private use. This structure will be placed behind the new house to be built on the site. At this time, petitioners plan on keeping two horses. 2. Compliance with Zoning Ordinance -Petitioners meet the use and design standards of the zoning ordinance for minimum lot size and can easily comply with setback requirements. Since this parcel is larger than five acres, petitioners are not limited to the number of horses that can be kept. C. CONFORMANCE WITH COUNTY COMPREHENSNE PLAN This parcel is in an area designated Neighborhood Conservation on the Roanoke County Land Use Map. Due to the location and size of the parcel, a private stable as proposed by the petitioners, will be in conformance with the comprehensive plan. PART III STAFF CONCLUSIONS This proposal is consistent with the R-1 standards of the zoning ordinance and the policy guidelines of the Roanoke County Comprehensive Plan. Petitioners' proposed use is consistent with the intent of the new ordinance in allowing this additional flexibility regarding private stables in the R-1 district. PREPARED BY: JANET SCHEID DATE: MARCH 2, 1993 2 a CO f-41~-~ ASS ~u !~ ~~1~ ~~~~ ROANOKE COUNTY ~.?'7 a~t~ APPLICATION FOR SPECIAL USE ~j a~S~~ ~.(q(zc(~ a..Z ~tG~ _ % 1. Applicant's Name: ~1e,ls~r~ ~• ~ r3r~da ~• C`7~~~nP Phone: ~ 72 "~~~ 7 Address: ~g, I ~-reen ~~.~ (~c~ad ~ S. W ~bGLi~ol~~ , y~ rq I n ~ ~- Zip: - 2. Property owner's name Scam ~ .~~-o- 8 Address: Sdmc? Phone: Zip: 3. Location of Property: ~1-11Z, }-~e~~zc~c~ ~aa-d ~ St1~. Ocix~v IC2 ~ V i rQ ~ n i CL o?'-1-0 I ~j Size of property ~ ~ acres sq.ft. Size of proposed special exception use ~ acres sq.ft. 4 . Tax Map ~ : (~~, I ~ - 1-~a-- _ 5. Zoning Classification: ~ ~ 6. Magisterial District Location: ~,~ ~ ~L1c~~,.,oe, F-r~ \lS 7. Existing Land Use: ~br25-~-~ 8 . Proposed Special Use: ~ ~ ~r- Va.-~-e- StGt-h fie. Comprehensive Plan Designation: 10. Proposed Annual Gross Revenue: Value of Land Value of Proposed Buildings Value of Machinery & Tools Number to be Employed 11. Check Completed Items: " 1 a J Consultation List of adjacent property owners Letter of Application Filing fee made payable to "County of Roanoke" $1,875 Special Use Permit for sanitary fill method garbage and refuse site $40 All other Special ses 12. Date of Application: fa_,-, u~ r y 5, 1 a G 3 13. 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DEPAR'T'MENT OF PLANNING a. _' ~ ~ AND ZONING .~ ' ~_ . „~ NELSON & BRENDA GREENS SPECIAL USE 67,17-1-2 ~s~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 23, 1993 ORDINANCE GRANTING A SPECIAL USE PERMIT TO NELSON B. AND BRENDA Z. GREENE TO CONSTRUCT A PRIVATE STABLE ON A PORTION OF A 10.5-ACRE PARCEL LOCATED AT 4712 KEAGY ROAD, WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, Nelson B. and Brenda Z. Greene have filed a petition to construct a private stable on a portion of a 10.5-acre parcel located at 4712 Keagy Road in the Windsor Hills Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on March 2, 1993; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on February 23, 1993; the second reading and public hearing on this matter was held on March 23, 1993. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit for the construction of a private stable on a portion of a 10.5-parcel located at 4712 Keagy Road in the Windsor Hills Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 (b) of the 1950 Code of Virginia, as amended. 2. That the Board hereby grants a Special Use Permit to Nelson B. and Brenda Z. Greene to construct said private stable. c:\wp5l\agenda\zoning\greene 1 i -~ AT A REGULAR MEETING OF THE BOARD OF SIIPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 23, 1993 ORDINANCE 32393-i1 GRANTING A SPECIAL USE PERMIT TO CELLULAR ONE TO ERECT A SELF- SUPPORTING COMMUNICATION TOWER ON A PORTION OF A 718.72-ACRE PARCEL LOCATED APPROXIMATELY ONE MILE SOUTHWEST OF THE INTERSECTION OF INDIAN GRAVE ROAD AND U.S. 220, CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, Cellular One has filed a petition to erect a self- supporting communication tower on a portion of a 718.82-acre parcel located approximately one mile southwest of the intersection of Indian Grave Road and U. S. 220 in the Cave Spring Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on March 2, 1993; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on February 23, 1993; the second reading and public hearing on this matter was held on March 23, 1993. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to erect a self-supporting communication tower on a portion of a 718.82-acre parcel located approximately one mile southwest of the intersection of Indian Grave Road and U. S. 220 in the Cave Spring Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 (b) of the 1950 Code of Virginia, as amended. 1 2. That the Board hereby grants a Special Use Permit to Cellular One to erect a self-supporting communication tower on a portion of a 718.82-acre parcel located approximately one mile southwest of the intersection of Indian Grave Road and U. S. 220 in the Cave Spring Magisterial District subject to the following amended conditions: (1) The height of the tower shall be no more than 90 ft. (2) The microwave dish shall be no greater than 70 ft. in height to be measured at the centerline of the dish. (3) The location of the tower shall be in accordance with the concept plan. (4) There shall be no lighting from the tower. (5) The finish of the tower shall be a neutral color such as galvanized steel. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: Brenda J. olton, Deputy Clerk Roanoke County Board of Supervisors cc: File Terrance L. Harrington, Director, Planning & Zoning Arnold Covey, Director, Engineering & Inspections John D. Willey, Director, Real Estate Assessment Paul M. Mahoney, County Attorney WIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIi1111111111111111~IIIIIIIIIIIIIIIIIIIIIIIIIIIiIIIIIIIIIiIIIIIIIIIIIIIIIIIII~IjJ _ - _ - _ - AGENDA ITEM NO. ~- 3 -_ APPE CE REQUEST =_ / NANCE CITIZENS COMMENTS _ PUBLIC HEARING ORDI _ -_ ~_ SUBJECT: P ~~ /' eQ f 0 N i _ I would like the Chairman of the Board of Su ervisors to reco nize me durin the _ P g g _ 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: __ ee to five minutes to comment ^ Each speaker will be given between thr whether speaking as an individual or representative. The Chairman will - decide the time limit based on the number of citizens speaking on an issue, _ and will enforce the rule unless instructed by the majority of the Board to __ do otherwise. - _ - ^ Speaker will be limited to a presentation of their point of view only. __ Questions of clarification may be entertained by the Chairman. __ 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. c ^ Speakers are requested to leave any written statements and/or comments = vnth the clerk. _ ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROTIP c SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP c = ALLOWING THE INDIVIDUAL TO REPRESENT THEM. c -_ _ T LEGIBLY AND GIVE TO THE CLERK _ PLEASE PRIN _ A ~. - ~ _ mlllllllllllllllllllillllllilllllllllllllllillllllilllllillllllilllillllllilllllliliilllillliilllllliilllllllllllllillllllillitll~ ~'~ PETITIONER: CELLULAR ONE CASE NUMBER: 4-3/93 Planning Commission Hearing Date: March 2, 1993 Board of Supervisors Hearing Date: March 23, 1993 A. REQUEST Petition of Cellular One for a Special Use Permit to erect aself-supporting communication tower on a portion of a 718.72 acre parcel, located approximately one mile southwest of the intersection of Indian Grave Road and U.S. 220, Cave Spring Magisterial District. B. CITIZEN COMMENTS Richard Saunders, resource management specialist for the Blue Ridge Parkway, addressed the Commission, and stated that even though there would be an impact on the visual quality at several locations along the parkway, there were no objections to the proposed tower. C. SUMMARY OF COMMISSION DISCUSSION The Commission posed the following questions to staff: 1) why the need for an accessible road? 2) why does the height of the tower need to be a condition? 3) will this be a manned station? Mr. Hartley replied that in terms of the access road, the Fire and Rescue Department had requested this to insure that access was available in case of an emergency. Also, in approving the variance to allow a lot with no road frontage, the BZA had recommended this as a condition. Regarding the height of the tower, Mr. Hartley indicated that the new zoning ordinance made the height to be set as a specific condition of the special use permit. This was done to afford the greatest flexibility in the siting and permitting of broadcasting towers. Mr. Hartley stated it was his understanding that the tower would be unmanned. D. RECOMMENDED CONDI'T'IONS 1. The height of the tower shall be no more than 90 ft. 2. The microwave dish shall be no greater than 70 ft., to be measured at the centerline of the dish. 3. The location of the tower shall be in accordance with the concept plan. 4. There shall be no lighting from the tower. 5. The finish of the tower shall be a neutral color such as galvanized steel. E. COMMISSION ACTION(S) Mr. Witt moved to recommend approval of the petition with the recommended conditions. The motion carried with the following roll call vote: AYES: Robinson, Hooker, Massey, Thomason, Witt NAYS: None ABSENT: None F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report _ Other ~. / ,. ~__~ Terrance I~amngt~rf Secretary Roanoke County Planning Commission STAFF REPORT PART I B. DESCRIPTION This is a petition of Cellular One to obtain a Special Use Permit for a Broadcasting Tower. The site is located approximately 1 mile SW of the intersection of Indian Grave Road and Route 220, in the Cave Spring Magisterial District. Petitioner proposes to locate a self supporting steel tower on a 75' x 75' site atop Buck Mountain, part of a 718.72 acre parcel. On February 17, 1993, the petitioner requested variances from the Board of Zoning Appeals in order to create a 75' x 75' parcel with no road frontage. The BZA denied the variance for lot size but approved the variance for road frontage. The petitioner may create a lot for the tower site that has no road frontage but otherwise meets the minimum requirements of the AG1 district. However, petitioner has indicated that the site may be leased rather than subdivided. C. APPLICABLE REGULATIONS Broadcasting towers are allowed by Special Use Permit in the AG3, AG1, AR, and C1 zoning districts and are permitted by right in the C2, 11, and 12 zoning districts. In all cases, the towers are subject to use and design standards that set minimum setbacks from property lines and road rights-of-way; allow more than one tower provided all setbacks are met; prohibit lighting if not required by the FCC (other than essential security lighting); require notification of the FAA if the site is within two miles of an airport or located at or above 2,000 feet; and require towers to comply with additional requirements in the Airport Overlay District and the Emergency Communications Overlay District. In addition, the height of the tower must be made a condition of the Special Use Permit. Site plan review will be required in order to insure compliance with County regulations. 1 PART II A. ANALYSIS OF EXISTING CONDff1ONS Location -The petitioner's site is a portion of a 718.72 acre tract located on the ridge of Buck Mountain. The closest adjoining property owner is approximately 1,375' to the northwest. The site is in the Clearbrook Community Planning Area and urban services are not available. Topo rq aphyNegetation -The site is located on the ridge of a steep undeveloped mountain. Site and surrounding area of larger parcel are wooded with mature trees. Surrounding neighborhood -The site and surrounding properties to the east, south, and west are zoned Ag-1. Surrounding properties to the north are zoned AR, 12 (Virginia Asphalt), and AG3 (Blue Ridge Parkway). B. ANALYSIS OF PROPOSED DEVELOPMENT Site layout -Petitioner proposes a 120' self-supporting steel tower, approximately 10' wide at the base and 3.5' wide at the top. Construction plans also include a 12' x 16' equipment shelter, a generator pad, and a propane tank for a backup power source. The site will be unmanned and will be surrounded by a chain-link security fence. Traffic generation - Employees will not be stationed at the site but will make routine maintenance visits. Traffic from semi-weekly trips to the site will not significantly impact adjoining public streets. Access -Tower site will be accessed by an existing private drive off of Indian Grave Road. The road has been graveled in the past and has some rough spots in it now. The Fire and Rescue Department is concerned with emergency vehicles being able to access the tower site. Also, the Board of Zoning Appeals, in granting the road frontage variance, recommended that the Board of Supervisors impose a condition on the Special Use Permit that the access road to the site would be maintained as an all-weather road. Amenities -Buck Mountain lies adjacent to the Blue Ridge Parkway and may be seen from several viewpoints along the parkway. However, given the topography, the elevation differences between the Parkway and the tower site, and the height of the mature trees around the site, it is not anticipated that the tower will disrupt the visual resources along the Parkway. (More accurate information will be available when the applicant tethers a balloon 120' high on the site. This will take place during the Commission's site visit and, at this time, representatives from the Blue Ridge Parkway plan on being present.) Because of the location and elevation of the tower, the petitioner does not anticipate the need for lighting the tower or special paint markings. 2 / '~` Natural amenities -Since such a small area is to be cleared, forest resources are not affected by this project. The VA Department of Forestry recommends that, in order to protect the facility from woodland fires racing uphill to the site, a minimum of 35' of maintained clearing around the perimeter of the project is necessary on the north and east slopes and 50' of maintained clearing is necessary on the south and west slopes. C. CONFORMANCE Will-I COUNTY COMPREHENSNE PLAN The site is in the Rural Preserve designation of the Comprehensive Plan. This designation encourages preservation of existing agricultural and forestal resources and protection of these resources from urban growth and development. The petitioner's request is consistent with the policies of the Rural Preserve designation. The use of the site for a communication tower will not threaten productive farms, woodlands, or protected resources such as open space and should only minimally disrupt vegetative cover and the visual landscape. D. CONFORMANCE WffH COUNTY DEVELOPMENT STANDARDS The petitioner's request complies with the Zoning Ordinance use and design standards for broadcasting towers. The site is not within the Airport Overlay District or the Emergency Communications Overlay District clear zone. According to the Fire and Rescue Department, the applicant has proven to the Technical Services Officer that the tower is not within the clear zone and will not interfere with emergency communication signals. PART III STAFF CONCLUSIONS The petitioner's request to construct a 120' self-supporting tower is generally consistent with the Rural Preserve designation of the Roanoke County Comprehensive Plan in that the use will not disturb farming activities, forest or other natural resources. The nearest adjoining property owner is approximately 1,375' away. There should be minimal, if any, impact on neighboring areas in terms of land use, traffic, or environmental quality. The ordinance requires that the height of the tower be made a condition of the special use permit. Staff recommends a maximum height of 130' to allow for any necessary modifications to base or foundation. PREPARED BY: LYNN DONIHE DATE: March 2, 1993 3 ROANOKE COUNTY APPLICATION FOR SPECIAL EXCEPTION USE ~~ 1. Applicant's Name: Cellular One (C/0 Scott Basham) Phone: 703/345-0808 Address: 5228 Valley Pointe Parkway, Suite 2 Roanoke, Virginia Zip: 24019 ;wr 2 . Property owner' s name N&H Investment Company, Inc . Address: P.O. Box 21004 Phone: Roanoke, Virginia Zip: 24018 3. Location of Property: on Route 675 (Indian Grave Road)• Size of property 718.72 acres/sq.ft. Size of proposed special exception use 5,625 s.f. 4 . Tax Map # : 98.00-1-1 Old Tax Map # acres/sq.f t. 5. Zoning Classification: AG-1 6. Magisterial District Location: Cave Spring 7. Existing Land Use: vacant, forest 8. Proposed Special Exception Use: Communications Tower 9. Comprehensive Plan Designation: Rural Preserve 10. Proposed Annual Gross Revenue: Not Applicable Value of Land $20,000 Value of Proposed Buildings $20,000 Value of Machinery & Tools N/A Number to be Employed N/A 11. Check Completed Items: xxx 8~" x 11" plot plan xxx Consultation xxx List of adjacent property owners xxx Letter of Application xxx Filing fee made payable to "County of Roanoke" $1,875 Special Use Permit for sanitary fill method garbage and refuse site $40 All other Special Exception Uses - - /i 12. Date of Application: 13. Applicant's Signature: / - ,,~ January 22, 1993 Ms. Lynn Donihe Roanoke County Planning Department P.O. Box 29800 Roanoke, Virginia 24018-0798 RE: Proposed Buck Mountain Communications Tower for Cellular One J.N. 921770003 Dear Lynn, As we discussed, Cellular One is proposing construction of a cell site on Buck Mountain to serve that end of the county. Enclosed are applications packets for the BZA variances, Subdivision waiver, and the Special Use Exception Permit necessary for creation of the parcel and construction of the tower and appurtenances. Also enclosed are 15 prints of the plan at the original 17" x 22" size that can be included in the packets if desired and a check in the amount of $420.00 covering all three applications. The proposed self-supporting steel tower is 120 feet in height. It is not anticipated that either lighting or special painting will be requested by the FAA due to the location and minimal height of this structure. The change in use will be -quite unobtrusive and have minimal impact on the property. A 75' by 75' lot is proposed for this tower site. The 718.72 +/- acre tract from which it shall be divided has less than 100 feet of frontage on Indian Grave Road. Accordingly, we are requesting a waiver from the subdivision ordinance to eliminate the need for frontage. The site is served by an existing private road. Due to the isolated nature of the tract and the small area necessary ~„ for the tower site, we are also requesting variances from the BZA to eliminate the fall zone requirement and allow this size parcel. • PLANNERS • ARCHRECTS ENGINEERS SURVEYORS 1208 Corporate Circle • Roanoke, Virginia 24018 • (703) 772-9580 FAX (703) 772-8050 ~! «+~ page 2 January 22, 1993 Lynn Donihe Roanoke County Planning Department - Construction in accordance with the plan will include the tower, an equipment shelter, a generator pad and propane tank for the backup power source. No water or sewer service will be required. Please place this matter on the appropriate agendas for consideration as soon as possible. Should you have any questions, do not hesitate to call. Sincerely, BAL RAND ASSOCIATES, INC. N Carolyn C. Bolton Project,Engineer cc: Cathy Cook Scott Basham,- Cellular One -~~-~- ><~ iwi' >s z~ w r 7-.~ ~-~ Q' , ~z- ~~., 1~ ~~ ~~ a~ ~~ 4~~~ ,=a ~~ ~ ~~W oya~~ ~~~ I"i I ~' ev h ~WW hn~o~ ~r Igo vhf y~HVO `' ~2 I~h W Q V ~ 4p ~ Q N~[ ~. c ~ ti `~ v H V ~ ~ ` ~1 ~ ~ ~ h .sz W - - - ~ h b W DO SG ylyON 3lX7~ ~ ~ -~ Z ~ 4 Q ~ 0 ~~ I >'th ~ ~~~~ Q~~ ~~ ~ ` . ~ y~,yq~ ~~ ~s~ a '~~e kWq ~~~~ ~~ ~ « ~ r FN Od~~ng 0~: - -- ' ,7_II~~~ Q i'_aa ~p00.ba0b ~0 ~ Qad mQCC~mm ti" S ~Q~ gISII~IZ ,S/ r IZ rrr~~fF~ rrf ~i,:~<y ~oo ~O+o~ OrQ a /~no t ~~r I ~ ' NN~ § ~ ~ s I/ ~:__ I/I i ~ ~ 7 \~~;/ / i \ ~:y,il 4\TT~ ~~~ I Q~ V'~Y~ l'1~ oeQN WWN~~ ~5, n ~ .. no `2 ~' 0 ~_~ c ~ r ~ ~~ r.i yy y ~' a d 1; III /i~_~~i%/, ~7 P i ,~ ~ ~ l 1, I, ..1,',:~;%i; ~ ' ~ ~ b ~ ~ t'~ S • N N ~ ~ ~ it /^\\~\ ~\~\ I \\2 ~~\\ I~11id1 11~~ ~N N~yNN N I ~ ~\ I `~ I ~OO~QO 0 ~ / :' Il ~ mCOm~~m~ / i ni~~~(!, rYrrFfFF= I ~~ ~ ~J/ - / N /_ 'CTI~ N N~ /~~ra%'/ 0 ~ Q / V) m ml•r Q~sQ $r~~ Z S =5 31 ~~ ''rrr r- F- ~' / ~ =: r; % ~ ~ O aar tea.. r 7 ~, -- , ILL ~i N >..n OI L~ I/C I P = OQ FHW '' ~ U ~ ~ ~ i ~ fir _= = 0 <Y `~/ u ' ' ' em O1 L i i yl ~ K W ~: u ~ I 1 j ~LL .= ~ ~I ~/``I ` /~ O W it >>~ ~ '~ s I ~3 xo ~ •% lQ I'~ y ~~A ~rr~ ~ Z~ . ~ _ ~~ ~~ /I N -=~_ ~.. 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VICINITY MAP T-~ Q NORTH .._ _ _ _ __ _-- D RO,~, TAX MAP # 98.00-1-1 _ DEPARTMENT OF PLANNING `- SPECIAL USE '~ AND ZONING ,r•' CELLULAR ONE „~ ~~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 23, 1993 ORDINANCE GRANTING A SPECIAL USE PERMIT TO CELLOLAR ONE TO ERECT A SELF-SUPPORTING COMMU- NICATION TOWER ON A PORTION OF A 718.72-ACRE PARCEL LOCATED APPROXIMATELY ONE MILE SOUTH- WEST OF THE INTERSECTION OF INDIAN GRAVE ROAD AND U.S. 220, CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, Cellular One has filed a petition to erect a self- supporting communication tower on a portion of a 718.82-acre parcel located approximately one mile southwest of the intersection of Indian Grave Road and U. S. 220 in the Cave Spring Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on March 2, 1993; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on February 23, 1993; the second reading and public hearing on this matter was held on March 23, 1993. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to erect a self-supporting communication tower on a portion of a 718.82-acre parcel located approximately one mile southwest of the intersection of Indian Grave Road and U. S. 220 in the Cave Spring Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 (b) of the 1950 Code of Virginia, as amended. 1 2. That the Board hereby grants a Special Use Permit to Cellular One to erect a self-supporting communication tower on a portion of a 718.82-acre parcel located approximately one mile southwest of the intersection of Indian Grave Road and U. S. 220 in the Cave Spring Magisterial District subject to the following amended conditions: (1) The height of the tower shall be no more than 90 ft. (2) The microwave dish shall be no greater than 70 ft. to be measured at the centerline of the dish. (3) The location of the tower shall be in accordance with the concept plan. (4) There shall be no lighting from the tower. (5) The finish of the tower shall be a neutral color such as galvanized steel. c:\wp5]\agenda\zoning\mllular 2 ~J AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 23 1993 RESOLUTION 32392-12 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: Brenda J. Hol n, Deputy Clerk Roanoke County Board of Supervisors cc: File Executive Session 0~ ROANp,~~ r± • p z 2 ~ a~ 1838 C~~~x~#~ ~~ ~~~x~~C~.C.e P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 COUNTY ADMINISTRATOR ELMER C. HODGE (703) 772-2004 Mr. Robert Testerman 1784 Melissa Circle Vinton, VA 24179 Dear Mr. Testerman: March 24, 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 At their regular meeting on Tuesday, March 23, 1993, the Roanoke County Board of Supervisors unanimously approved the request of the Vinton Moose Lodge #1121 for a raffle permit for Fridays at 9 p.m. during calendar year 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 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 BY DECEMBER 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 Enclosures cc: Commissioner of the Revenue Commonwealth Attorney County Treasurer of Supervisor ® Recycled Paper O~ ~OANp,I-~ a ~ ~ 2 ~ a~ 1838 ~~~x~#~ ~~ ~~~~~~~ P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 COU NTY ADMINISTRATOR ELMER C. HODGE (703) 772-2004 Ms. Debbie Conner 7251 Old Mill Road Roanoke, VA 24018 Dear Ms. Conner: March 24, 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 At their regular meeting on Tuesday, March 23, 1993, the Roanoke County Board of Supervisors unanimously approved the request of the Back Creek Elementary School P.T.A. for a permit to conduct a Bingo game at their Spring Fling Carnival on May 8, 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 Bingo game 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 BY DECEMBER 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, yy~a.~,y-. t1. Q~u.,e~J Mary H. Allen, CMC Clerk to the Board of Supervisor Enclosures cc: Commissioner of the Revenue Commonwealth Attorney County Treasurer ® Recycled Paper G~ ROANp,~.~ a z ~ 1838 P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 COUNTY ADMINISTRATOR ELMER C. HODGE (703) 772-2004 March 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 HOLLINS MAGISTERIAL DISTRICT EDWARD G. KOHINKE, SR. CATAWBA MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT (703) 772-2005 The Honorable Howard E. Musser, Chairman Roanoke Valley Regional Cable Television Committee 215 Church Avenue, S. W. Roanoke, VA 24011 Dear Chairman Musser: Attached is a copy of Board Action No. 32393-3 authorizing the adoption of the Cable Television Budget for FY 1993-94. This action was approved by the Board of Supervisors at their meeting on Tuesday, March 23, 1993. If you need further information, please do not hesitate to contact me. Sincerely, Mary H. Allen, CMC Clerk to the Board of Supervisors bjh Attachment cc: Anne Marie Green, Director, Community Relations Diane D. Hyatt, Director, Finance Reta R. Busher, Director, Management & Budget Mary F. Parker, Clerk, Roanoke City Council Carolyn S. Ross, Clerk, Vinton Town Council ® Recycled Paper o~ ROANp,~.~ ~ ~ ~ p z c~ 1838 P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 COUNTY ADMINISTRATOR ELMER C. HODGE (703) 772-2004 March 24, 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 HOL.LINS MAGISTERIAL DISTRICT EDWARD G. KOHINKE, SR. CATAWBA MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT (703) 772-2005 Rev. Branan G. Thompson Colonial Avenue Baptist Church 4165 Colonial Avenue, S.W. Roanoke, VA 24018 Dear Reverend Thompson: On behalf of the Board of Supervisors, 1 would like to thank you for offering the invocation at our meeting on Tuesday, March 23, 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) , v I~f ~-~~ ~~~ y H. Odell "Fuzzy" Minnix, Chairman Roanoke County Board of Supervisors ® Recycled Paper ~;~~ a3.~ ~~~ ~~ W ~N~a~G u~~ ~r~ U~w~~ce ~cr'2 ~i4 ~ l=~- D~ 5 ~~ ~~~s~ uUGl~~~ 2~ ~ ~~~ ., PUBLIC NOTICE Please be advised that the Board of Supervisors of Roanoke County, Virginia, at its meeting on Tuesday, March 23, 1993, at the Roanoke County Administration Center, 3738 Brambleton Avenue, Roanoke, Virginia, at the evening session beginning at 7t-0,9 p.m. will hold a public hearing on the following: ORDINANCE RESCINDING RESOLUTION 11988-2 AND AUTHORIZING THE LEASE OF REAL ESTATE, A PORTION OF THE BACK CREEK VOLUNTEER FIRE COMPANY PROPERTY (TAX MAP NO. 95.01-1-4.1) For more information please contact Lynn Thomas at 774-9607 or Roger Vest at 774-8672. ALL OFFERS MUST BE RECEIVED IN WRITING TO POST OFFICE BOX 4364, ROANOKE, VA 24015, BY APRIL 9, 1993. All members of the public interested in the matter set forth above may appear and be heard at the time and place aforesaid. (.(~ Paul M. Mahoney County Attorney Roanoke County, Virginia Publish on the following dates: 22 March ~! 1993 Send invoice to: Board of Supervisors P . O . Box 2 9 8 0 0 ~,-~~ _« ~-, . ~ , , Roanoke, VA 24018-0798 ,---~ ~- ~-18--`1.3 ATTENTION: MRS. MARY ALLEN ~~~ ~M MARCH 23 ~/' Public Hearing - Special Use Permit- Private Stable Special Use Permit - Communication Tower `Individual Sewage Systems /'Vacation of easement - Orchards '~doption of Tax Rates v'"' V~resentation - Landfill, Reservoir presentation - Leadership Roanoke Valley / Report - CHIP Program~.~ G~ e%~1st Reading - Fee Ordinance (rhF~ "Adoption of Cable TV Budget 2nd Reading - Vacation - Orchards Subd. '"'Increase in Transient Occupancy tax ~~~'~ ~, ~` __ QQ c ~~~-~~ ~..~. ~ G'~N~ ..: / G jV ~ - LEGAL NOTICE ROANORE COUNTY BOARD OF SIIPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, March 23, 1993, in the Community Room of the Roanoke County Administration Center, 3738 Brambleton Avenue, Roanoke, VA, to receive public comments and suggestions on the proposed amendments to the zoning ordinance to allow, by Special Use Permit in certain districts, the use of alternative discharging sewage systems as a replacement for a failed septic system. A copy of this application is available for inspection in the Department of Planning and Zoning, 3738 Brambleton Avenue, Roanoke, VA. Dated: March 4, 1993 `~.1 Mary H. Allen, Clerk Please publish in the Roanoke Times & World-News Tuesday, March 9, 1993 Tuesday, March 16, 1993 Direct the bill for publication to: Roanoke County Board of Supervisors PO Box 29800 Roanoke, VA 24018 (703) 772-2005 SEND AFFIDAVIT OF PUBLICATION TO: ROANORE COUNTY PLANNING DEPARTMENT P.O. BO% 29800, ROANORE, VA 24018 LEGAL NOTICE ROANORE COUNTY BOARD OF SUPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, March 23, 1993, in the Community Room of the Roanoke County Administration Center, 3738 Brambleton Avenue, Roanoke, VA, on the petition of Cellular One for a Special Use Permit to erect a self-supporting communication tower on a portion of a 718.72 acre parcel, located approximately one mile southwest of the intersection of Indian Grave Road and U.S. 220, Cave Spring Magisterial District. A copy of this application is available for inspection in the Department of Planning and Zoning, 3738 Brambleton Avenue, Roanoke, VA. Dated : March 4 , 19 9 3 ~~-~' ~•~9 • ~~ Mary H. Allen, Clerk Please publish in the Roanoke Times & World-News Tuesday, March 9, 1993 Tuesday, March 16, 1993 Direct the bill for publication to: Cellular one c/o Carolyn Bolton Balzer and Associates 1208 Corporate Circle Roanoke, VA 24018 (703) 772-9580 SEND AFFIDAVIT OF PUBLICATION TO: ROANORE COUNTY PLANNING DEPARTMENT P.O. BOX 29800, ROANORE, VA 24018 LEGAL NOTICE ROANORE COUNTY BOARD OF SUPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, March 23, 1993, in the Community Room of the Roanoke County Administration Center, 3738 Brambleton Avenue, Roanoke, VA, on the petition of Nelson B. & Brenda Z. Greene for a Special Use Permit to construct a private stable on a portion of a 10.5 acre parcel, located at 4712 Keagy Road, Windsor Hills Magisterial District. A copy of this application is available for inspection in the Department of Planning and Zoning, 3738 Brambleton Avenue, Roanoke, VA. Dated: March 4, 1993 ~ ~~• «-`~~~ Mary H. Allen, Clerk Please publish in the Roanoke Times & World-News Tuesday, March 9, 1993 Tuesday, March 16, 1993 To be paid on delivery by: Nelson & Brenda Greene 4811 Greenlee Road, SW Roanoke, VA 24018 (703) 772-0757 SEND AFFIDAVIT OF PUBLICATION TO: ROANORE COUNTY PLANNING DEPARTMENT P.O. BOX 29800, ROANORE, VA 24018 LEGAL NOTICE Notice is hereby given to all interested persons that the Roanoke County Board of Supervisors will hold a public hearing at their 7:00 p.m. session on Tuesday, March 23, 1993, in the Community Room at the Roanoke County Administration Center, 3738 Brambleton Avenue S. W. on a petition requesting vacation of a 5.1 foot by 1.5 foot 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 and recorded in plat book 1379, page 0104. A copy of the documents related to this request maybe examined in the office of the Department of Development and Inspections, located at the Roanoke County Administration Center. Given under my hand this February 25, 1993. ~'~c~i ~~ ~ C~.~~~ Mary H. Allen, CMC, Clerk to the Board Roanoke County Board of Supervisors PLEASE PUBLISH IN THE ROANOKE TIMES AND WORLD NEWS ON: Tuesday, March 9, 1993 Tuesday, March 16, 1993 Direct the bill for publication to: Mr. Tom Trice Fralin & Waldron, Inc. 2917 Penn Forest Boulevard Roanoke, VA 24018 County of Roanoke Revised Budget Calendar FY 1993-94 3/9/93 March 9, 1993 Budget work session with 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 Adoption of real estate, personal property, machinery and tools tax rates. April 6, 1993 Joint budget work session with (Special Meeting) the Board of Supervisors and the School Board. Presentation of County and School budgets. Budget work session with the Board of Supervisors and the Volunteer Fire and Rescue Chiefs. 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. * If additional work sessions are necessary the adoption of the budget could be postponed until May 11, 1993. 3/17/93 Terry Harrington ECH gave me two messages for you as listed below: RE: Letter from Citizen's Environmental Council On page 2, last paragraph, ECH said that he knows these were covered in the Work Session with Board, but he wants you to put them in the First Reading of the Ordinance. He wants them covered again. RE: First Reading of Ordinance to Change Fees due to Zoning Ordinance ECH said to pull this from this meeting. He is willing to put in budget if necessary but don't put this on until you talk to him about it. Brenda r` ~. dl~~/Itiw~4.d_'~ JI 1r~. ~..ILwN. ~tl~.~~l~r-.dl~w~ ,.~J1~~..~f11..d11 citizen's ~n ~ir~n m ~ntal CC~~n~l~ 5 2 2 m o untain ave - roan ok e, era. 2~ 01 ~ March 11, 1993 Roanoke County Board of Supervisors 3738 Brambleton Avenue Roanoke, VA 24018 RE: Roanoke County Policy „~ . ~ ~~ In August of 1988 the Roanoke County Board of Supervisors adopted a policy to prohibit the use of individual on-site aerobic wastewater treatment systems, or package plants. The Citizen's Environmental Council (CEC) commends the Board's decision to adopt this policy. In the wake of new information regarding the performance of these systems, Roanoke County's policy demonstrates a responsible approach to protect the revenues and resources of our county. Tennessee, South Carolina, and Delaware require these discharges to go into drainfields, thus removing the major benefit of these plants as an alternative where drainfields are not feasible. North Carolina does not permit individual package plants that have surface discharges, and in Maryland and Pennsylvania the facility must qualify for a National Pollutant Discharge Elimination System (NPDES) permit. The state of Virginia, however, is willing to issue a general discharge permit to any of these facilities that intend to discharge to a free flowing stream. As you know, general permits do not provide the required protection of County revenues and resources that VPDES permits do. The CEC understands rare cases could develop where the temporary use of these systems may be unavoidable. We also understand the County is in the process of drafting a revised policy to allow the use of these systems where existing drainfields have failed. Please consider the following comments when preparing the new policy. Letter to the Roanoke County Board of Supervisors Page 2 In the 1990 report from the State Water Control Board (SWCB) on "The Study of Small Package Wastewater Treatment Plants" to the Governor and the General Assembly (Senate Document No. 28), recent observations by the SWCB and the Virginia Department of Health (VDH) indicate that there are numerous problems with the operation and maintenance of package plants. There is also a history of enforcement problems with small treatment plants other than those for single family homes. Generally these plants are built by the developer and then deeded over to a group of homeowners when the development is completed. The homeowners generally do not have the knowledge, skills or resources to administer the proper operation an maintenance of these plants. Therefore, local government often have to take over these plants at considerable cost. As development pressures extend into areas of the County not served by the regional sewage treatment plant, the use of package treatment plants has the potential to become a significant public health and water quality problem. A paper was presented at the 1992 Virginia Water Resources Conference titled "Evaluation of the Performance of Aerated Package Treatment Systems" by members of the Crop and Soil Environmental Sciences, and the Department of Civil Engineering at Virginia Tech. Data from this evaluation reveals serious problems with package plants. Over 50% of effluent biochemical oxygen demand (BODS) values and effluent total suspended solids (TSS) values for the systems evaluated exceeded state and federal standards. The evaluation also reported that 80% of the systems have had the aeration motor replaced during the two to four year period of operation. One system had the motor replaced six times. These systems are clearly a threat to our resources. While in operation they violate the State Water Control Law and Federal Clean Water Act over 50% of the time. They also create a costly enforcement problem for the taxpayer. The CEC recommends the County exercise extreme caution when revising the current policy to allow potential violations of the law. '~ Please keep in mind that when a septic system fails a ~' package plant should be the last option. The revised policy ~' ~!~~ should require the many available options such a combining ;i"~ systems, sand mounds, low pressure systems, regional connection, pump and haul, spray irrigation, recycle systems, compost systems, incineration systems, and wetland systems be exhausted before one of these systems can be installed. The policy should require that a soil scientist be hired by the landowner and all options exhausted before a package plant could be installed. The policy should also provide assurances that the County will insure the system is installed properly and properly maintained and operated. The policy should provide for penalties if the systems Letter to the Roanoke County Board of Supervisors Page 3 are not maintained and operated properly. In addition to the information sources referenced in this letter, there are many other sources you can find on septic systems and alternatives. The Virginia Water Resources Research Center can send you "A Guide to Septic Systems and Alternatives", and the Health Department has more information on the alternative systems. Please help increase the awareness of proper maintenance of Septic Systems and the pitfalls of owning a package plant. Thank you for your efforts to conserve the beautiful resources of Roanoke County. Sin erely, ,, . L `~ Bob Blankenship d~ Vice President, CEC1 ~lrcy'Afrs ~N! ~, Blmir 6AZ5!P~nana C~ 'NA 24018 { ~e 5 Po ke syP~+",~ a r1 ~ei'~'~ ~ usf~ r~ /~e ec~ T/ ~- ve ~ o~ ROANp,I,~ v ti z .p az 1838 ~~~~~ P.O. BOX 29800 ROANOt<E, VIRGINIA 24018-0798 COUNTY ADMINISTRATOR ELMER C. HODGE (703) 772-2004 Mr. Martin O. Skelly Recovery System Inc. 957 Kime Lane Salem, VA 24153 Dear Mr. Skelly: 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 HOLLINS MAGISTERIAL DISTRICT EDWARD G. KOHINKE, SR. CATAWBA MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT (703) 772-2005 The Roanoke County Board of Supervisors meets the second and fourth Tuesdays of each month. I have tentatively scheduled the presentation of the Leadership Roanoke Valley Economic Development Committee for March 23, 1993 at 3:00 p.m. Your letter states that this presentation will last no more than ten minutes. The Board meets in the Community Room at the Roanoke County Administration Center, 3738 Brambleton Avenue S. W. A television and VCR will be available for your use. Please contact me at 772-2003 and let me know if this date is agreeable with your committee. Sincerely, Mary H. Allen, CMC Clerk to the Board of Supervisors CC: Elmer C. Hodge, County Administration H. Odell Minnix, Chairman, Board of Supervisors ® Hecyded Paper t 3/18/93 Cliff Mr. Hodge had additional questions about your well drilling board report. 1. How much did the well cost? Did we drill another well? 2. What does it cost to drill another well? Does it cost $57,000? Why so much? 3. Did we make money or lose money? ,~ ~s ~; ~, ,{ a ACTION # 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 23, 1993 AGENDA ITEM: Request for Appropriation of $57,116.20 to Utility Water Fund for Well Drilling r a ,.. ~ A.b COUNTY ADMINISTRATOR' S COMMENTS : „~'~.;: '~ ~` r~+.~~''d +.~''. SUMMARY OF INFORMATION: The acquisition of land by VDOT for the Rt. 221 road construction prohibited the County from getting an operating permit for the existing Arlington Hills #4 well. VDOT has paid the County $57,116.20 as damage to residue for the loss of use of this well. Staff requests that the Board of Supervisors appropriate the $57,116.20 for use in constructing new well supplies. RECOMMENDATION' Staff recommends that the Board of Supervisors appropriate $57,116.20 from the Utility Water Fund for the construction of new well supplies. SUBMITTED BY: Clifford Craig, P.E. Utility Director Approved ( ) Denied ( ) Received ( ) Referred to Motion by: ACTION APPROVED: Elmer C. Hodge County Administrator VOTE No Yes Abs Eddy Johnson Kohinke Minnix Nickens FILE M E M O RAN D U M TO: Paul M. Mahoney, County Attorney Clifford D. Craig, Director of Utilities Diane D. Hyatt, Director of Finance FROM: Vickie L. Huffman ~~" Assistant County Attorney SUBJECT: COMMONWEALTH TRANSPORTATION y. THE BOARD OF SUPERVISORS OF ROANOKE COUNTY DATE: March 10, 1993 The above-referenced case was tried before Judge Trabue on December 3, 1993, in the Circuit Court of Roanoke County, Virginia. This was a condemnation proceeding in connection with VDOT's Route 221 Improvement Project. The County owns a well lot in Layman Subdivision along Route 221 and VDOT's widening of the road required the Commonwealth to acquire a portion of this lot, which included a county well. The widening also placed the new right-of-way line for Route 221 within the 50' protective area of a second well on the same lot, rendering it unusable. The County requested compensation in the amount of $94,957.00, representing the direct costs for the two wells, and proposed donating the land for the improvements. VDOT declined to pay the County for the second well and instituted condemnation proceedings. Upon obtaining an appraisal of the property actually taken, VDOT submitted $57,203.00, representing the value of the land and the direct cost of the first well, to the court and gained immediate right of entry. In accordance with an Order entered May 2, 1990, the funds were disbursed to the County. In August of 1992, VDOT proceeded to finalize the condemnation; the County responded with a request for additional compensation of $46,307.00, based upon the damage to residue, i.e. loss of the second well. VDOT denied that its project had caused any damage to the residue of the County's property and this was the major issue tried on December 3, 1992. The Court ruled in favor of the County and VDOT' s attorney has indicated that they have elected not to appeal. (The statutory period from the date of the final order for noting an appeal has not yet expired.) The County has, however, received. its check in the amount of $57,116.20, which includes the amount awarded of $46,307.00, plus accrued interest of $10,809.20 from April 10, 1990. The total amount recovered from VDOT in relation to this case is 114,319.20. It is my understanding that Cliff Craig will be presenting this matter to the Board of Supervisors for appropriation of the funds. In the meantime, I am forwarding the check to Diane Hyatt for deposit and credit as she deems proper until such time as the funds are appropriated. Please let me know if you should have any questions or need any additional information. /vlh .. °a . "t~ ~: -. ~ ? : v ~ o_ ,~~ • ~ - { A ' ~ Q .. ., Ln .^ } ~ 4 O ;, N; J J N ~ ~ O ' m ~ ~ ~ . ' ~ _ _ j , ~ ~ .. ` ~ ' ^ . ~ u ~ T ~ b ~ ~ ' V ' ' ~ \ ~I ' a 1 ~ ~ U ~ i Q ~. ~ w w i i _ ~ ~ ~ ~ ~ . o ~ N .-at "d ~ ~ C~- ~ ~ N r1 ~ ~~ 'G'~w N ~ ~ ~ q ~^ . ~ o N ~I O ' I- ~ m ai ~ ~ •ri +~ ~ ~ Oti ~ ~ N ~ to ~ U ~,, ~~ ~-- vii y ~ '~.-. U 3 o ~ G '~I °' u~i.n '. ~ 00 ~~~ b U ~ x o.. ~+. r ~ N O } ff-., 0 ' ~j ~ N ~ Q Pa F- Q > O o0 ~.p~ ~ W W ~ ~ ~'' ~ [~-~ O ~i ~ ~ F't/]Q~ O W Q ~ ~ ~ ~ ~ 1 ,~ ~ O Y x H ~~/~Ue~ '~ O ` ~ ~ O G ~.1aH~ ~ A Z N ',~ cd = Q LYi U] ~' ~ LL A ~ ~ b w OC ~ y.~ O U ~ QO¢ ago w ~ r MEMO - 3/12/93 To: Chairman Fuzzy Minnix From: Lee B. Eddy Subject: Joint Meeting With Planning Commission At the 3/9/93 Board meeting, you and Mr. Hodge apparently decided to omit any discussion of the 1993 work program for the Planning Commission and staff. I had considered this to be rather important and was disappointed that it was dropped from the session. When I served on the Planning Commission from 1985 to 1987 I felt there was very little communication or direction from the Board or Administration as to what they wanted the Commission to do. As a result the Commission and Planning staff, in my opinion, engaged in a great deal of wheel spinning and lost motion. In these days of limited resources, I think it is very important to keep everyone focused on what the leadership believes is most critical and urgent. I respectfully request that we schedule another joint session in the near futures to discuss what the Board and Administration would like the Commission and Planning staff to accomplish in 1993. Among other things, it could have a significant impact on our approach to the FY94 budget. copy: Supervisors ~ Don Witt, Planning Commission Chairman ~j ~`}~ `~-~ ~` Elmer Hodge Terry Harrington €` / i'..uP Are ... ~~, ` r .., ,. t ~.. .~ ~k~ "'' ,.~ y M ~' '. i ~,~ ~~ .il ~ ~: C... (f~ MEMO - 3/23/93 To: Supervisors From: Lee B. Eddy Subject: Machinery and Tools Tax Assessments Based on the information from staff on 3/9/93 I have looked at several ways to evaluate possible changes in the assessment ratios for machinery and tools taxes. All calculations are based on a nominal County rate of $3.00 per $100 of new cost value multiplied by the assessment ratio. The numbers in parentheses are five year averages. Current 3/9/93 LBE Roanoke Salem County Report Suggested Year Ratio Ratio Ratio Ratio Ratio 1 60~ 70$ 25$ 35~ 35~ 2 50 60 25 35 35 3 40 (40) 50 (50) 25 (25) 35 (35) 35 (35) 4 30 40 25 35 35 5 20 30 25 35 35 6 20 25 20 25 20 7 20 25 20 25 20 8 20 (20) 25 (25) 20 (20) 25 (25) 20 (20) 9 20 25 20 25 20 10 20 25 20 25 20 11 etc. 20 (20) 25 (25) 15 (15) 20 (20) 20 (20) Rate/$10 0 $3.45 $3.20 $3.00 $3.00 $3.00 Tax Reve nue $1,218,615 $1,663,267 $1,606,297 Revenue Increase $ 444,652 $ 387,682 Using the right hand column (LBE suggested ratios), the County 5-year average assessment ratios would always be equal to or less than that of our two city neighbors. The resulting revenue increase approximates 1-1/2 cents on the real estate tax rate, or a 1/2$ pay raise for County and School employees. copy: Elmer Hodge Reta Busher