Loading...
HomeMy WebLinkAbout4/13/1993 - Regularo`' aoaN ~F i i ' A 1838 ROANOKE COUNTY BOARD OF SUPERVISORS ACTION AGENDA APRIL 13, 1993 HF.1Rr 6 77fE NJ@' fQ7~ 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. HCN AND BI;T ABSENT AT 3:02 P M. 2. Irnocation: The Reverend Kevin Meadows Vinton Baptist Church 3. Pledge of Allegiance to the United States Flag. B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS PMM REQUESTED THAT ITEM T 7, REQUEST FORA RAFFLE PERMIT FROM THE CHILDREN'S HOUSE OF ROANOKE INC. BE REMOVED. C. PROC:IAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Resolution of Congratulations to North Cross School for i ® Recyded Paper Winning the 1993 Virginia Independent School Basketball Championship. R-41393-1 EGK MOTION TO APPROVE AYES-EGK I.RE~FM NAYS-NONE ABSENT-BI;T,HCN MEMBERS OF THE BASKETBALL TEAM AND COACHES WERE PRESENT AND RECEIVED CERTIFICATES AND COUNTY PINS 2. Proclamation Declaring the Week of April 18 - 24, 1993 as Professional Secretaries Week. EGK MOTION TO APPROVE AYES-EGK LRE,FM NAYS-NONE ABSENT-BLT,HCN ACCEPTED BY SUSIE OWEN AND OTHER ROANOKE COUNTY SECRETARIES 3. Proclamation Declaring the Week of April 11 - 17, 1993 as National Telecommunicators Week. EGK MOTION TO APPROVE AYES-EGK,LBE,FM NAYS-NONE ABSENT-BI;T,HCN ACCEPTED BY CHIEF CEASE ART LAPRADE. AND DISPATCHERS SUE FORE. TANICE MCIAUGHLIN, EMILY TOTTEN AND CINDY WEEKS 4. Proclamation Declaring the Month of April as Child Abuse Prevention Month EGK MOTION TO APPROVE AYES-EG L E,FM NAYS-NONE ABSENT-BI;T,HCN 2 ACCEPTED BY KAREN DE COSTA AND STUDENTS IN THE AFTER SCHOOL FOR KIDS PROGRAM D. NEW BUSINESS 1. Request for Authorization to Submit a Pinkard Court Planning Grant to the Virginia Department of Housing and Community Development. (Janet Scheid, Planning & Zoning) R-41393-2 LBE MOTION TO APPROVE AYES-EGK~LBE,FM NAYS-NONE ABSENT-BI;T,HCN 2. Request for Appropriation to Fund Engineering Consultant for Upgrade for the Regional Wastewater Treatment Facilities. (Clifford Craig, Utility Director) LBE MOTION TO HOLD EXECUTIVE SESSION AFTER REGULAR SESSION AND DEFER ACTION UNTIL FOLLOWING EXEC. SESSION - DEFECTED BY FOLLOWING VOTE AYES-LBE NAYS-EGK,FM ABSENT-BI;T,HCN FM MOTION TO APPROVE STAFF REC011~II1~NDATION PMM ADVISED THAT APPROPRIATIONS CAN ONLY BE APPROVED BY MA.TORITY OF THE WHOLE BOARD NOT MA_TORITY OF THOSE PRESENT FM WITI-IDREW MOTION AND ASKED THAT MATTER BE DEFERRED TO 4/27 WHEN ALL BOARD MEMBERS WILL BE PRESENT. LBE ASKED THAT CONSULTANT ATTEND 4/27 MEETING 3. Request for Approval of Finance Agreement with Richfield for Payment of Water Connection Fee. (Clifford Craig, 3 Utility Director) LBE MOTION TO APPROVE AYES- LBE,FM NAYS-EGK ABSENT-BI;T~HCN PMM ADVISED MOTION FAILED BECAUSE THERE WAS NO MAJORITY VOTE BY THE ENTIRE BOARD. LBE MOTION TO RECONSIDER - PMM RULED MOTION INVALID BECAUSE LBE WAS NOT ON PREVAILING SIDE. EGK MOTION TO RECONSIDER AND DEFER MATTER TO 4/27/93 WHEN ALL BOARD MEMBERS WILL BE PRESENT. AYES-EGK,LBE.FM NAYS-NONE ABSENT-BI;T,HCN 4. Request for Approval of Agreement with East Tennessee Natural Gas Company for Constructing a Gas Line at Spring Hollow Reservoir. (Clifford Craig, Utility Director) A-41393-3 FM MOTION TO APPROVE AGREEMENT AYES-EGK,LBE,FM NAYS-NONE ABSENT-BI;T,HCN 5. A-41393-4 LBE MOTION TO APPROVE AYES-EGK,LBE,FM NAYS-NONE ABSENT-BI;T„HCN E. REQUESTS FOR WORK SESSIONS Request for Approval of Addendum to Appalachian Power Company Agreement for Purchase of Electricity for Spring Hollow Reservoir. (Clifford Craig, Utility Director) 4 NONE F. REQUESTS FOR PUBLIC HEARINGS NONE G. FIRST READING OF ORDINANCES 1. Ordinance Adopting a Fee Schedule for Police Department Services Related to Traffic Control for Parades and Background Irnestigations for Concealed Weapons Permits and Conservators of the Peace. (Paul Mahoney, County Attorney) FM MOTION TO APPROVE 1ST READING 2ND - 4/27/93 AYES-EGK,LBE,FM NAYS-NONE ABSENT-BI;T,HCN LBE ASKED THAT FEES BE LOOKED AT AGAIN BEFORE 2ND READING 2. Ordinance Authorizing the Acquisition of 4.0 Acre Parcel of land from Joseph H. Davis and Suzanne R Widney for the Spring Hollow Reservoir Project. (Paul Mahoney, County Attorney) EGK MOTION TO APPROVE 1ST READING 2ND - 4/27/93 AYES-EGK,LBE,FM NAYS-NONE ABSENT-BT;T,HCN 3. Ordinance Declaring a 100' by 115' parcel of Real Estate Identified as Tax Map No. 76.16-1-14 and located off Route 1666 (Sheldon Drive) to be Surplus and Accepting/Rejecting an Offer for the Sale of Same. (John Willey, Property Manager) 5 FM MOTION TO APPROVE 1ST READING 2ND - 4/27/93 AYES-EGK,LBE,FM NAYS-NONE ABSENT-BI.~T,HCN H. SECOND READING OF ORDINANCES 1. Ordinance Rescinding Resolution 11988-2 and Authorizing the Lease of a Portion of the Back Creek Volunteer Fire Company Property. (Paul Mahoney, County Attorney) 0-41393-5 LBE MOTION TO ADOPT ORD WITH RENTAL PAYMENTS GOING TO THE BACK CREEK FIRE COMPANY AYES-EGK3LBE,FM NAYS-NONE ABSENT-BI;T,HCN I. APPOINTMENTS 1. Library Board EGK NOMINATED SHIRLEY VAN RIPER TO FILL THE UNEXPIRED TERM OF DOROTHY S ~ ~ TT. THE ~~ ~,L EXp~ 12/31/95. J. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. R-41393-6 EGK MOTION TO APPROVE WITH ITEM T 7 REMOVED AYES-EGK,LBE,FM 6 NAYS-NONE ABSENT-BI~T~ICN 1. Minutes of Meetings -March 9, 1993, March 23, 1993 2. Donation of Right-of--Way and Drainage Easement in Connection with West River Road Project (P-71) A-41393-6.a 3. Request for Acceptance of Rome Drive, an Extension of McIntosh Lane and an Extension of Huntridge Road into the VDOT Secondary System. R-41393-6.6 4. Acknowledgement of Acceptance of 0.09 miles of Shrewsbury Court (Route 1982) into the VDOT Secondary System. A-41393-6.c 5. Resolution Authorizing the School Board to Pay the Chairman of the School Board Additional Compensation. R-41393-6.d 6. Acceptance of Sanitary Sewer Facilities Serving Croom Sewer Line Extension. A-41393-6.e t/t/a V..il Vl aall4 LVl 1 i D~11A1~ify~IC REMOVED AT REQUEST OF PMM I~ REPORTS AND INQUIRIES OF BOARD MEMBERS SUPERVISOR KOHINKE: (1) Attended Fort Lewis Elementary School PTA with Su~etvisor Nickens to discuss pros and cons of elected school boards. SUPERVISOR EDDY: (1) Asked about status of boundary adjustment with Roanoke City and Town of Vinton. PMM advised that request is in City Attorney's Office and has low priority. (2) Announced he had been asked to serve on committee to look at Economic Development Partnership Bylaws and asked for suggested changes from other board members. (3) Asked ECH if health insurance category for employee and depended could be added to County healthcare policy. ECH will check and respond back by Friday. 4/16. (4) Asked other board members if they received any complaints about cars being parked on the road during the recent blizzard. EGK and FM responded they had no complaints. ~ Asked about State Compensation Board meeting in Salem and advised he had list of other localities who received additional personnel because of jail Overcrowding. ECH advised he and others attended the meeting and made a plea for new positions. Sheriff Holt also advised that the other localities were getting new positions because of expanded jail facilities. ECH will set up a work session with the Sheriff at the jail. (6) Announced he is humorously responding to the recent Ed Shamey column in the newspaper. L. CITIZENS' CONIlI~NTS AND CObBVIiJ1VICATIONS 1. Roseanna Myers, representing Northside Junior High School and Northside High School. DID NOT SPEAK 2. J. B. Goria, speaking on behalf of J. B. Goria Commercial Real Estate. COMPLAINED OF HAVING TO OBTAIN TESTING MANHOLES IN ORDER TO RECEIVE PEl7:MANENT OCCUPANCY PERMIT AT HIS MALL ON ROUTE 419 AND QUESTIONED INTERPRETATION OF THE SEWER USE ORDINANCE. LBE ASKED FOR LETTER FROM CITY OF ROANOKE ON HOW TIDY INTERPRET THE CODE. FM DIRECTED PMM TO GIVE GORIA COPY OF THE CODE AND ASKED ECH TO GET INFORMATION BACK TO MR. GORIA IN 14 DAYS. ECH WILL REPORT BACK ON 4/27/93. M. REPORTS LBE MOTION TO RECEIVE AND FILE FOLLOWING DISCUSSION OF ITEMS 6 & 7 - UW WITH HCN AND BLT ABSENT 1. General Fund Unappropriated Balance EGK ASKED IF FUNDS HAD ALREADY BEEN SPENT FOR RUTROUGH ROAD. ECH TO CHECK AND REPORT BACK. 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Statement of Revenues and Expenditures as of 3/31/93. 5. Proclamations Signed by the Chairman 6. Statement of the Treasurer's Accountability per Irnestments and Portfolio Policy, as of March 31, 1993. ASKED WHY COUNTY MUST BORROW SHORT TERM WIN THERE IS S18 M IN INVESTMENTS. N. WORK SESSIONS 1. Work Session to Modify Sewer Use Standards for Application to Private Sector SSE/R Program 1ST READING SET FOR 4/27/93 LBE ASKED THAT ALTERNATIVES BE INCLUDED THAT WOULD NOT TERMINATE SERVICE BUT ESTABLISH SURCHARGE. BOARD CONSENSUS THAT ORDINANCE DEFINE THAT APPEALS BE LIlVIITED TO DETERNIINATION BY UTILITY DIRECTOR OF I&I AND WILL NOT INCLUDE APPEAL OF PENALTIES. O. EXECUTIVE SESSION pursuant to the Code of Virginia 2.1- 344 (a) 9 NONE P. CERTIFICATION RESOLUTION Q. ADJOLfRNMENT TO APRIL 23, 1993 AT 9:30 A.M. AT THE ADMINISTRATION CENTER FOR A MEETING WITH THE HONORABLE BOB GOODLATTE, U. S. CONGRESS. LBE MOTION TO ADTOURN AT 5:50 P.M. - UW WITH BLT AND HCN ABSENT io s c-~ AT A REGIILAR MEETING OF THE BOARD OF SIIPERVISORS OF ROANORE COIINTY, VIRGINIA, HELD AT THE ROANORE COIINTY ADMINISTRATION CENTER ON TIIESDAY, APRIL 13, 1993 RESOLIITION 41393-1 OF CONGRATIILATIONS TO NORTH CROSS SCHOOL BASKETBALL TEAM FOR WINNING THE VIRGINIA INDEPENDENT SCHOOLS CHAMPIONSHIP WHEREAS, the North Cross School Basketball Team, coached by Jim Muscaro, Dutch Muscaro, and Scott Caldwell, had an outstanding 1993 season, achieving an overall record of 27 wins and 6 losses; and WHEREAS, throughout the year, the members of the team demonstrated the qualities of good sportsmanship, athletic ability and teamwork; and WHEREAS, the North Cross School Basketball Team won the 1993 Virginia Independent School Basketball Championship, after participating in the tournament in Alexandria and winning matches against Richmond Collegiate, Teagle Christian, Trinity Episcopal and St. Stephens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, does hereby extend its congratulations to the NORTH CROSS SCHOOL BASKETBALL TEAM for winning the 1993 Virginia Independent Schools Basketball Championship; and FIIRTHER, BE IT RESOLVED that the Board of Supervisors commends the North Cross School Basketball Team for demonstrating outstanding athletic skill and good sportsmanship throughout the season and tournament. On motion of Supervisor Kohinke to adopt the resolution, and carried by the following recorded vote: r AYES: Supervisors Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Johnson, Nickens A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Resolutions of Congratulations File .~ ~ AT A REGIILAR MEETING OF THE BOARD OF SIIPERVIBORS OF ROANORE COIINTY, VIRGINIA, HELD AT THE ROANORE COIINTY ADMINISTRATION CENTER ON TIIESDAY, APRIL 13, 1993 RESOLIITION 41393-2 AIITHORIZING THE APPLICATION FOR A PLANNING GRANT FROM THE VIRGINIA DEPARTMENT OF HOIIBING AND COMMIINITY DEVELOPMENT WHEREAS, the Virginia Department of Housing and Community Development administers Community Development Block Grants for the Commonwealth of Virginia; and WHEREAS, the Roanoke County Department of Planning and Zoning recommends that the County apply for a Virginia Community Develop- ment Block Grant/Planning Grant to conduct preliminary engineering and design studies and prepare cost estimates to analyze the feasibility of converting the Leisure Arts Center into apartments for the elderly and the physically disabled; and WHEREAS, Roanoke County will, at the end of the Planning Grant, donate the Leisure Arts Center to an entity that will be responsible for the construction phase of this project. NOW, THEREFORE be it resolved by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County Administrator is hereby authorized to submit an application to the Department of Housing and Community Development for a Virginia Community Development Block Grant/ Planning Grant to conduct preliminary engineering and design studies and prepare costs estimates to analyze the feasibility of converting the Leisure Arts Center into apartments for the elderly and physically disabled. 2. That if the Virginia Department of Housing and Community Development awards this grant to Roanoke County, then this grant will be submitted to the Board of Supervisors for formal acceptance. 3. That the grant amount will include $1,000 in in-kind services to be provided by County staff. On motion of Supervisor Eddy to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisors Johnson, Nickens A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Janet Scheid, Department of Planning & Zoning Virginia Department of Housing and Community Development John Chambliss, Acting Director, Parks & Recreation Dept C- / AT A REGIILAR MEETING OF THE BOARD OF SIIPERVISORS OF ROANORE COIINTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 13, 1993 RESOLIITION OF CONGRATIILATIONS TO NORTH CROSS SCHOOL BASKETBALL TEAM FOR WINNING THE VIRGINIA INDEPENDENT SCHOOL CHAMPIONSHIP WHEREAS, the North Cross School Basketball Team, coached by Jim Muscaro, Dutch Muscaro, and Scott Caldwell, had an outstanding 1993 season, achieving an overall record of 27 wins and 6 losses; and WHEREAS, throughout the year, the members of the team demonstrated the qualities of good sportsmanship, athletic ability and teamwork; and WHEREAS, the North Cross School Basketball Team won the 1993 Virginia Independent School Basketball Championship, after participating in the tournament in Alexandria and winning matches against Richmond Collegiate, Teagle Christian, Trinity Episcopal and St. Stephens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, does hereby extend its congratulations to the NORTH CROSS SCHOOL BASKETBALL TEAM for winning the 1993 Virginia Independent School Basketball Championship; and FIIRTHER, BE IT RESOLVED that the Board of Supervisors commends the North Cross School Basketball Team for demonstrating outstanding athletic skill and good sportsmanship throughout the season and tournament. c-a AT A REGIILAR MEETING OF THE BOARD OF SIIPERVISORS OF ROANORE COIINTY, VIRGINIA, HELD AT THE ROANORE COIINTY ADMINISTRATION CENTER ON TIIESDAY, APRIL 13, 1993 PROCLAMATION DECLARING THE WEER OF APRIL 18 THROIIGH APRIL 24, 1993 AS PROFESSIONAL SECRETARIES WEER WHEREAS, professional secretaries are committed to upholding the highest ethical standards; and WHEREAS, professional secretaries contribute greatly to office excellence; and WHEREAS, professional secretaries are valued members of businesses throughout our community; and WHEREAS, the week of April 18 through April 24, 1993, has been designated Professional Secretaries Week, by Professional Secretaries International, its originator and sponsor. NOW, THEREFORE, WE, the Board of Supervisors of Roanoke County, Virginia, do hereby proclaim the week of April 18 through April 24, 1993, as PROFESSIONAL SECRETARIES WEER in Roanoke County, Virginia; and FIIRTHER, the Board of Supervisors urges management in the County of Roanoke to join in recognizing these outstanding professionals in their employ, especially on Wednesday, April 21, 1993, which is PROFESSIONAL SECRETARIES DAY®; and FURTHER, the Board of Supervisors urges all the citizens of Roanoke County to acknowledge the vital contributions of the secretaries in their offices. • w~ AT A REGIILAR MEETING OF THE BOARD OF SIIPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORB COUNTY ADMINISTRATION CENTER ON TIIESDAY, APRIL 13, 1993 PROCLAMATION OF APPRECIATION TO THE PIIBLIC SAFETY DISPATCHERS OF ROANORE COIINTY AND DECLARING APRIL 11 - 17, 1993 AS PUBLIC SAFETY TELECOMMIINICATORB WEER WHEREAS, the Public Safety Dispatchers of Roanoke County are responsible for ensuring that all calls for assistance are promptly answered and properly dispatched; and WHEREAS, the police, fire and emergency medical services personnel would be unable to perform their duties without the work of the Public Safety Dispatchers; and WHEREAS, the Public Safety Dispatchers also perform non- emergency services for the County, such as those related to utility operations, highway safety and the work of federal, state, and local government agencies; and WHEREAS, the Public Safety Dispatchers work through all types of emergency situations, including floods and blizzards, often having to neglect their own homes and families to ensure that the safety of Roanoke County citizens is protected; and WHEREAS, the week of April 11 - 17, 1993 has been designated as National Public Safety Telecommunicators Week to honor and recognize the vital contributions made by the Public Safety Dispatchers to the safety and well-being of all citizens. NOW, THEREFORE, BE IT PROCLAIMED, that the Roanoke County Board of Supervisors, on its own behalf and on behalf of its citizens, does hereby express its deepest appreciation for the services provided by the Public Safety Dispatchers; and G-3 FIIRTHER, the Board of Supervisors does hereby declare the week of April 11 - 17, 1993 as PIIBLIC SAFETY TELECOMMIINICATORS WEER in Roanoke County. e-y AT A REGIILAR MEETING OF THE BOARD OF SIIPERVISORS OF ROANORE COIINTY, VIRGINIA, HELD AT THE ROANORE COIINTY ADMINISTRATION CENTER ON TIIESDAY, APRIL 13, 1993 PROCLAMATION DECLARING THE MONTH OF APRIL, 1993 AS CHILD ABIISE PREVENTION MONTH WHEREAS, the incidence and prevalence of child abuse and neglect have reached alarming proportions in the United States, where 14,229 cases of child abuse and neglect were substantiated in Virginia during fiscal year 1991-92, and 164 cases were reported in Roanoke County; and WHEREAS, Virginia faces a continuing need to support innovative programs to prevent child abuse and assist parents and family members when child abuse occurs; and WHEREAS, Congress has expressed its commitment to seeking and applying solutions to this problem by establishing April as Child Abuse Prevention Month nationwide; and WHEREAS, it is appropriate and fitting to focus attention upon the problems of child abuse and neglect in Virginia, and in Roanoke County; and WHEREAS, in Roanoke County, the Community Education Section of the Parks and Recreation Department is sponsoring a "Blue Ribbon Campaign" to support this program; and WHEREAS, the Child Care Program A.S.K. are building a gigantic paper chain to demonstrate that "A Family Is As Strong As Its Smallest Link". NOW, THEREFORE, We, the Board of Supervisors of Roanoke County, Virginia, do hereby proclaim the month of April, 1993, as CHILD ABIISE PREVENTION MONTH in Roanoke County, Virginia, and call upon our citizens to observe the month with appropriate programs, ceremonies, and activities. ""~'~ EtOAN p~ ~c~` Ir p ~ ~~ ~~~~~~~ ~~a~n a 1838 DEPARTMENT OF PARKS AND RECREATION ~~ Ap r i l 5, 19 9 3 DEBORAH H. PITTS ASSISTANT DIRECTOR OF RECREATION TO: Mary Allen, Clerk. to the Board of Supervisors FROM: Karen daCosta, Community Education Supervisor" RE: Blue Ribbon Campaign There were 164 cases ( founded + unfounded + reason to suspect ) of child abuse in Roanoke County from July 1991 to June 1992. I'm sure that these statistics concern all of us who work with. and/or have children. April 1993 has been designated as Child Abuse Prevention Month, and the Community Education Section of Roanoke County Parks & Recreation is sponsoring a "Blue Ribbon Campaign" to support this worthwhile cause. Enclosed please find background information on the Blue Ribbon Campaign as well as some blue ribbons and book marks to share with the Roanoke County Board of Supervisors before the April 13th. meeting. In addition to distributing this information to teachers and parents throughout Roanoke County, the children of our child care program, A.S.K. (After School for Kids), are building a gigantic paper chain to demonstrate that "A Family Is As Strong As Its Smallest Link". This chain wilt be on display at Roanoke County Day, April 24th at Tanglewood Mall. Thank you for your support of this community project, Please contact me at 344-3742 if I can provide further information or more materials. ~~ 5, V~ ~~~ 1206 KESSLER MILL ROAD • SALEM. VIRGINIA 24153 (703) 387-6078 ® Recyded Paper ADMINISTRATION JAMES E. JONES ASSISTANT DIRECTOR OF PARKS r APRIL IS... CHILD ABUSE PREVENTION MONTH YOU CAN PREVENT CHILD ABUSE: • Praise and encourage the ch you know. • Be a friend to a parent. • Promote parent groups at yoi or workplace. • Volunteer for a community project. • Learn more about child abuse and neglect. Contact your local child abuse prevention organization. • Report suspected abuse or neglect. Call the Virginia State Hotline: 1-800-552-7096. Virginia Coalition fcx Child Abuse Prevention, Sufte 302, 224 East Broad Street, Richmond, VA 23219 (800)257-VCAP (604)775-1777 4/93 ACTION NO. ITEM NO. ~'~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 13, 1993 AGENDA ITEM: Resolution Authorizing the Submittal of a Pinkard Court Planning Grant to the Virginia Department of Housing and Community Development COUNTY ADMINISTRATOR'S COMMENTS: 1 an willing to go forward with the Planning Grant with the understanding that the end result will include alternatives on the disposal of the properly. The County should not be involved as the owner on the property beyond this grant. BACKGROUND• In the next 6-9 months the administrative offices of the Roanoke County government will be moving to the Traveler's Building. At that time, the Recreation Department will be consolidating their functions in the Roanoke County Administrative Center. As a result of this move the Roanoke County Leisure Arts Center, which is centrally located in the residential neighborhood of Pinkard Court, will be vacated. In January and February of this year County staff met with residents of the Pinkard Court neighborhood to get their input on what they would like to see happen to this building when the Recreation Department leaves. The number one priority voiced by this community was to not have the building left vacant. Due to problems in the past when the facility was vacant, the community fears that an empty building will again be subject to repeated vandalism. The community expressed interest in several alternative uses for this building. These included a community center, small- scale apartments for either the elderly and/or physically disabled individuals, and a day care center. With this information the County staff began exploring options for this site that would be physically and economically feasible and most importantly, respect the residential character and value of this neighborhood. SUMMARY OF INFORMATION: After consultation with various groups including TAP and the Center for Independent Living regarding innovative housing options, staff proposes to explore the feasibility of converting the Leisure Arts Center into apartments for the physically disabled. The exterior appearance of the building would be maintained as it is with only minor improvements and the interior would be renovated to accommodate 6 or 7 apartments. An existing centrally located meeting room could be utilized for community activities, classes, or physical/occupational therapy sessions. ~_i z Staff proposes to apply for a Planning Grant through the Virginia Community Development Block Grant program. The purpose of the Planning Grant program is to help local governments prepare for Community Improvement Grants (construction monies) through planning and preliminary design activities. If awarded, the Planning Grant would allow us to explore this housing option in more detail by funding preliminary engineering and design activities including cost estimations, an analysis of supply and demand for this type of housing, a survey of potential clientele, and a study of post- construction management options. At the end of the Planning Grant the County would then donate this facility to a responsible entity to follow through with the construction phase of this project. The Planning Grant must be submitted by April 16, 1993 and awards will be announced by the end of May. If awarded, the Planning Grant will be for one year duration and a maximum of $25,000. The grant amount will include $1, 000 in in-kind services to be provided by County staff. ALTERNATIVES' Alternative No. 1: Approve the resolution authorizing staff to submit the grant application to the Virginia Department of Housing and Community Development by April 16, 1993. Alternative No. 2: Do not approve the resolution. STAFF RECOMMENDATION: Staff recommends as follows: Alternative No. 1 Respectfully Submitted by: Ja et Scheid Dept. of Planning & Zoning Action Approved ( ) Denied ( ) Received ( ) Referred to Motion by Approved by: E1 er C. Hodge County Adminstrator Minnix Eddy Johnson Kohinke Nickens Vote No Yes Abs ~_i AT A REGULAR MEETING VIRGINIA, HELD AT RESOLUTION PLANNING GRANT AND COMMUNITY OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 13, 1993 AUTHORIZING THE APPLICATION FOR A FROM THE VIRGINIA DEPARTMENT OF HOUSING DEVELOPMENT WHEREAS, the Virginia Department of Housing and Community Development administers Community Development Block Grants for the Commonwealth of Virginia; and WHEREAS, the Roanoke County Department of Planning and Zoning recommends that the County apply for a Virginia Community Develop- ment Block Grant/Planning Grant to conduct preliminary engineering and design studies and prepare cost estimates to analyze the feasibility of converting the Leisure Arts Center into apartments for the elderly and the physically disabled; and WHEREAS, Roanoke County will, at the end of the Planning Grant, donate the Leisure Arts Center to an entity that will be responsible for the construction phase of this project. NOW, THEREFORE be it resolved by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County Administrator is hereby authorized to submit an application to the Department of Housing and Community Development for a Virginia Community Development Block Grant/ Planning Grant to conduct preliminary engineering and design studies and prepare costs estimates to analyze the feasibility of converting the Leisure Arts Center into apartments for the elderly and physically disabled. 2. That if the Virginia Department of Housing and Community Development awards this grant to Roanoke County, then this grant will be submitted to the Board of Supervisors for formal acceptance. ~-i 3. That the grant amount will include $1,000 in in-kind services to be provided by County staff. ACTION # ITEM NUMBER ~`. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 13, 1993 AGENDA ITEM: Appropriation to Fund Engineering Consultant Relative to Cost Allocation of Upgrade for the Regional Wastewater Treatment Facilities COUNTY ADMINISTRATOR'S COMMENTS: ~ ,~~~ ~~-GC7`3"rVY'Y6j~"" a BACKGROUND' In September 1992, Roanoke County awarded an engineering contract to Finkbeiner, Pettis and Strout (FPS) to assist the City of Salem, Botetourt County, Roanoke County and Town of Vinton in negotiations with the City of Roanoke for upgrade of the Regional Wastewater Treatment Facilities. DISCUSSION' Finkbeiner, Pettis and Strout have completed their initial work and prepared a cost allocation report that was reviewed with the Board and the other municipalities. The four municipalities have requested FPS to represent them in the actual negotiations with Roanoke City. The original contract with FPS provided for this work on an hourly fee basis. The estimated cost to Roanoke County for this work is $12,000. FISCAL IMPACT' Funds are available from the unused money in the Starkey Sewer Pump Station Project. RECOMMENDATION' Staff recommends that the Board of Supervisors appropriate an additional $12,000 from the money available within the Starkey Sewer Pump Station Project to fund the Consultant Engineering Contract with FPS. ~~ SUBMITTED BY: S ,. Cam, Cliffor g, .E. Utility Director APPROVED: ~r~..-~ Elmer C. odge County Administrator Approved ( ) Denied ( ) Received ( ) Referred to Motion by: ACTION VOTE No Yes Abs Eddy Johnson Kohinke Minnix Nickens .~ . . ACTION # ITEM NUMBER ~'- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 13, 1993 AGENDA ITEM: Approval of Finance Agreement with Richfield COUNTY ADMINISTRATOR'S COMMENTS: Recormend allowing Richfield to spread the cost over 3 years with the County paying the interest charge. This recognizes the additional benefits of this organization in providing job opportunities. The current fomula for participation in the Public-Private Partnership does not include tax exenpt organizations because there is no tax revenue. However, they have a quality of life and job opportunity benefit. BACKGROUND: Richfield has previously requested that Roanoke County pay the $125,100 water connection fee for Richfield's 60 unit/90 bed facility currently under construction. The Board of Supervisors declined to pay the water connection fee because Richfield's facility could not meet the requirement of the current policy whereby the Board could pay the fees. SUMMARY OF INFORMATION: Richfield has requested to be allowed to pay the water connection fee over a three year period with no interest charged as a recognition of their economic benefit to the County. The County water ordinance provides that any water user can request to pay the water connection fee in thirty-six equal monthly payments. The ordinance requires that the fee first be increased by twenty percent to include interest over the thirty-six months. In this case the twenty percent is $25,020. ALTERNATIVES AND FISCAL IMPACT: Alternative One: The Board of Supervisors would approve an agreement with Richfield whereby Richfield could pay the $125,100 water connection fee in thirty-six equal payments and the County would pay the $25,020 increase required by the water ordinance. .. ~-3 This alternative would recognize the economic benefit of the new facilities constructed by a non-profit organization while maintaining the equitable requirements of the water ordinance for all uses. This alternative would require a $25,020 payment from the General Fund to the Utility Fund. Alternative Two: The Board of Supervisors would approve an agreement with Richfield whereby Richfield could pay the $125,100 water connection fee in thirty-six equal payments with no interest charge. This alternative would require modification of the County Water Ordinance and would reduce the income to the Utility Fund by $25,020. Alternative Three: The Board of Supervisors would approve an agreement with Richfield under the provisions of the County Water Ordinance including the twenty percent increase of the water connection fee. This alternative would provide for $25,020 additional income for the County and a corresponding increase in cost for Richfield. STAFF RECOMMENDATION: Staff recommends the Board of Supervisors approve Alternative One and authorize the $25,020 payment from the Unappropriated Fund Balance. SUBMITTED BY: APPROVED: .._ ~ ~~~ Cliffo r ig, P.E. Elmer C. Hodge Utility Director County Administrator ACTION VOTE Approved ( ) Motion by: No Denied ( ) Eddy _ Received ( ) Johnson _ Referred Kohinke _ to Minnix _ Nickens Yes Abs :. A-41393-3 ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 13, 1993 AGENDA ITEM: Agreement with East Tennessee Natural Gas Company for Constructing a Gas Line at Spring Hollow Reservoir COUNTY ADMINISTRATOR' S COMMENTS : ,~~~~~y~L~ ~,~/,y/~cr-~~ BACKGROUND• East Tennessee Natural Gas, a Temeco Company, owns and operates an 8" natural gas transmission line within a right-of-way across Roanoke County's Spring Hollow Reservoir property. In order for the County to flood the area over the gas line, East Tennessee Natural Gas needs to relocate or parallel the existing gas line in order to provide for their continued use. Staff has discussed this matter with the gas company since 1986. The gas company has completed their design and has requested the County to enter into an agreement so they may begin construction. SUMMARY OF INFORMATION: East Tennessee Natural Gas has decided to construct river weights on the existing gas line and construct a parallel gas line within the existing right-of-way. This option will be less costly than re-routing the gas line around the reservoir. Since East Tennessee Natural Gas has a legal right-of-way across the property, Roanoke County is obligated to pay the cost to modify the existing line and construct the parallel line. East Tennessee Natural Gas has prepared an agreement by which Roanoke County agrees to pay the total cost of the required construction to modify the existing line and construct the parallel line. The estimated total construction cost for the gas facilities is $486,000. The agreement provides for the County to advance $400,000 to East Tennessee Natural Gas at the time the agreement is executed. This advance payment will reduce the overall cost to the County by removing the cost of "Funds Used During Construction" portion of the total cost estimate for the required work. If the advance payment is not made, the approved East Tennessee Natural ACTION # i. ~-y Gas rate structure provides for them to charge a 10~ return on "Funds Used During Construction." FISCAL IMPACT' The Spring Hollow Reservoir Project budget provided $300,000 for relocation of the gas line using the cost estimate provided by East Tennessee Natural Gas in 1989. Funds are available within the project funds to cover the actual cost of the work up to $486,000. STAFF RECOMMENDATION: Staff recommends the Board of Supervisor approve the agreement with East Tennessee Natural Gas to pay the cost related to construction of their gas line through the Spring Hollow Reservoir property. SUBMITTED BY: APPROVED: t ~ Clifford rai , .E. Elmer C. Hodge Utility Dir ctor County Administrator Approved Denied Received Ref erred to (x) ~ ) ( ) cc: File ACTION Motion by: H. Odell Minnix to approve agreement VOTE _ No Yes Eddy x Johnson Kohinke x Minnix x Nickens Clifford Craig, Director, Utility Diane Hyatt, Director, Finance Reta Busher, Director, Management & Budget Paul Mahoney, County Attorney Absent x x r ACTION # A-41393-4 ITEM NUMBER ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 13, 1993 AGENDA ITEM: Approval of Addendum to Agreement for the Purchase of Electricity from Appalachian Power Company for Spring Hollow Reservoir. COUNTY ADMINISTRATOR' S COMMENTS : ,,f~a..~~~/~ ~~~~-~.~-c~ BACKGROUND• Roanoke County has an agreement with Appalachian Power Company (APCO) to purchase electricity under the Virginia Public Authorities Rate (P.A. Rate) structure. Normally, new facilities that are placed into service during the life of the contract are simply added using the standard P.A. Rates. However, the agreement provides for "Aid-to-Construction, and/or a special minimum or other arrangement may be necessary" when the annual cost to serve exceeds revenue for one year. SUMMARY OF INFORMATION: Over the past three years, staff and their engineer have discussed with APCO various possible methods to establish the cost to provide the annual power requirements for the operation of the Spring Hollow Reservoir. The electric power requirements at the Spring Hollow Reservoir delivery point will be the largest single delivery point for a Virginia Public Authority customer in terms of electrical capacity. On the other hand, the pattern of use of electrical power will be unique in comparison to electrical power use patterns of existing Public Authority pumping accounts in that the electrical power use will be seasonal and sporadic with a low average load factor. Due to the unique power requirements at Spring Hollow Reservoir, APCO is not willing to add this new service to the P.A. Agreement without an addendum. d 99 7 ~s The use of Virginia SCC Large Power Service - Time of Day (Schedule LPS-TOD) was discussed. This schedule provides for a $275/month customer charge, a $9.32/kw on-peak demand charge, a $2.65/kw off-peak demand charge and an $0.00213 KWH energy charge. This schedule requires the customer to contract for specific on- peak and off-peak power requirements. The off-peak period is 8 p.m. to 7 a.m. Monday through Friday and all hours of Saturday, Sunday and six legal holidays. The use of this schedule results in higher annual electrical costs for Spring Hollow because a minimum monthly demand charge equal to at least 60% of the highest monthly demand during the previous 11 months is charged. The minimum monthly electrical charge would be between $20,000 and $30,000 per month in the early years of Reservoir operation. Staff and APCO have developed a tentative agreement which would use portions of the P.A. Rate and portions of the LPS-TOD Rate. This agreement states that APCO will provide power for the Spring Hollow facility consisting of 3120 KW of connected load at the rate and billing provisions of the Public Authority Tariff during all portions of the billing months. In addition, the County would pay for any metered demand during the on-peak periods of the billing months of December, January and February at the demand charge contained in the LPS-TOD Tariff. This proposal would not require a minimum monthly charge to the County and provide some protection for APCO that the County would not use peak power during APCO's peak demand in December, January and February. This rate structure results in a much lower annual electrical cost than the LPS-TOD Rate would provide. With the possible exception of the initial reservoir filling, staff feels confident that the Spring Hollow Reservoir can be operated without pumping during the on-peak demand periods in December, January and February. This would result in paying only the P.A. Rate for pumping with no resultant demand charge. The proposed agreement will be an addendum to the existing agreement dated August 12, 1991 between APCO and Roanoke County. This agreement is due for renewal this year and negotiations for a new agreement are being scheduled at this time. Future electrical service costs for Spring Hollow Reservoir will be negotiated as part of the Public Authority Rate. The proposed agreement is based on the estimated power usage at Spring Hollow Reservoir. The actual power usage will depend on reservoir leakage, evaporation and flow within the Roanoke River. When actual operating history of power usage is available, this historical power usage can be used in establishing a rate for the Spring Hollow Reservoir as part of the P.A. Tariff Rate negotiation by VML. _~ STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors authorize the County Administrator to execute an addendum to the agreement for purchase of electricity from Appalachian Power Company for electrical service to Spring Hollow Reservoir under the P.A. Tariff for all periods; plus on-peak demand charge under the LPS-TOD Tariff during December, January and February. SUBMITTED BY: APPROVED: C-'Z~ ~' L Clifford a' , P.E. Elmer C. Hodge Utility Director County Administrator Approved (x) Denied ( ) Received ( ) Referred to ACTION VOTE Motion by: Lee B. Eddy No motion to approve Eddy Johnson _ Kohinke _ Minnix _ Nickens Yes Absent x x x x x cc: File Clifford Craig, Director, Utility Paul Mahoney, County Attorney ACTION NO. ITEM NO. ~! AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 13, 1993 AGENDA ITEM: ORDINANCE ADOPTING A FEE SCHEDULE FOR POLICE DEPARTMENT SERVICES RELATED TO TRAFFIC CONTROL FOR PARADES AND BACKGROUND INVESTIGATIONS FOR CONCEALED WEAPONS PERMITS AND CONSERVATORS OF THE PEACE COUNTY ADMINISTRATOR'S COMMENTS: ~~ EXECUTIVE SUMMARY: This ordinance adopts a classification for parades and a graduated fee structure to permit Roanoke County to partially recoup the cost of police services for traffic control during parades in the county. It also establishes a fee for police background investigations for concealed weapons permits and conservators of the peace consistent with the fee authorized for Roanoke City Police. BACKGROUND' Section 14-23(b) of the Parade Ordinance of the County of Roanoke which was amended and reenacted in February, 1993, authorizes the county to charge an administrative fee to cover "the direct, anticipated costs of traffic control" based upon classes of parades in accordance with Sec. 14-8. Prior to the reenactment of this Parade Ordinance, the Police Department had been charging Roanoke County Schools for its overtime costs related to school parades such as the Cave Spring High School Homecoming Parade. Last year the Roanoke County Police Department conducted 28 background investigations for concealed weapons permit applications as required by § 18.2-308. Each of these investigations requires an average of 12 hours by one of the detectives for a total of approximately 336 police hours per year. The judges of the Twenty- Third Judicial Circuit, of which Roanoke County is a part, have indicated their approval of local jurisdictions legally adopting a reasonable fee which is uniform throughout this circuit. The Police Department also conducts approximately 6 to 8 background investigations on applications for appointment of conservators of the peace pursuant to Chapter 2 of Title 19.2 of the Code of Virginia. ~-I SUNIlKARY OF INFORMATION: The ordinance establishes three classifications of parades based upon the Police Departments experience with the differing manpower requirements for traffic control necessitated by different sizes and locations of parades. A Class III parade is one which is conducted entirely within a defined residential area, e.g., Green Valley, and, therefore, could be monitored by one district officer with little actual traffic direction. A Class II parade would encompass any small parade, less than 50 participants or 10 units or vehicles, which may use a secondary road or frequently travelled street but which could be handled by one or, at the most, two uniformed officers. All other parades would be considered Class I parades. An administrative fee would be calculated based upon the expected size and duration of the parade and the number of uniformed officers who would be required for traffic control at intersections and other major points considering the location of the parade route. $18.00 is the current hourly fee charged by the Police Department for extra duty assignments of its officers. A two hour minimum must be charged in order to induce officers to accept these assignments. No charge will be made for the super- visors assigned to any parade. The City of Roanoke approved a fee schedule in July, 1992, which imposed an initial charge of $250.00 for the initial investigation for both concealed weapons permits and conservator of the peace appointments. This figure closely approximates the average personnel expense to the Police Department for a detec- tive's time in a 12 hour investigation. The renewal fee which reoccurs every 2 years will be $25.00. These fees would be credited to the Police Department's personnel account to assist with the overtime budget impacted by these extra responsibilities. FISCAL IMPACTS' Increased revenue of approximately $10,000.00 per year may be realized by Roanoke County. This is based upon an estimate of 36 initial background investigations and 5 parades not exceeding two hours in duration and requiring 5 officers for traffic control. ALTERNATIVES' 1. Adopt the proposed fee schedule . 2. Continue to fund these Police Department services out of budgeted general fund accounts. STAFF RECOMMENDATION: Staff recommends alternative # 1. G-I Respectfully submitted, J eph benshain S for ssistant County Attorney Approved ( ) Denied ( ) Received ( ) Referred to Motion by No Yes Abs Action Eddy Johnson Kohinke Minnix Nickens Vote c:\wp 50\agen da\p o li cfee.rpt G-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 13, 1993 ORDINANCE ADOPTING A FEE SCHEDULE FOR POLICE DEPARTMENT SERVICES RELATED TO TRAFFIC CONTROL FOR PARADES AND BACKGROUND INVESTIGATIONS FOR CONCEALED WEAPONS PERMITS AND CONSERVATORS OF THE PEACE WHEREAS, the current economic climate has required local governments including the County of Roanoke to carefully examine the nature and level of services which it provides to its citizens and the sources of funding for these services; and WHEREAS, in the interest of equity and fairness it is the policy of the County of Roanoke to charge the specified individual or group for services which are for the specific benefit of such individual or group; and WHEREAS, the Roanoke County Police Department will be required to provide the services of several uniformed offices and a supervisor for a minimum of two hours in order to provide traffic control for any parade conducted in the county, excepting those parades travelling only within a specified residential neighborhood; and WHEREAS, the Roanoke County Police Department detectives currently expend, on average, 12 hours in completing the legally mandated background investigations for the circuit court judges as a precondition for their issuance of concealed weapons permits or appointment of individuals as conservators of the peace in accordance with Chapter 2 of Title 19.2 of the Code of Virginia, 1950, as amended; and ~_i WHEREAS, the judges of the 23rd Judicial Circuit have urged that the localities within their jurisdiction adopt a uniform schedule of fees for the performance of such background investigations and the Roanoke City Council has recently adopted a fee schedule providing for an initial fee of $250.00 for such investigations and a fee of $25.00 for renewal every two years; and WHEREAS, a first reading of this ordinance was held on April 13, 1993; and the second reading and public hearing was held on April 27, 1993. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. The following schedule of administrative fees to be paid by any person applying for a parade permit in accordance with Sec. 14-23(b) of the Roanoke County Code is hereby established: Class I parade: Location: Any primary or secondary road or street in Roanoke County Size: Any combination of 10 or more vehicles, large animals, floats or marching units or 50 or more participants Fee: Calculated by multiplying the number of officers required for traffic control over the route of the parade (A) by the number of hours the parade is expected to last (a minimum of 2 hours for each officer) (B) by the standard hourly rate for uniformed officers of $18.00 per hour. [A x B x $18.00 = Administrative Fee]. Class II parade: Location: Secondary road/street in Roanoke County Size: Less than 10 vehicles, large animals, floats or marching units or less than 50 participants Fee: $36.00 G-i Class III parade: Location: Entirely within a residential area of Roanoke County and not travelling upon any primary road Fee: None 2. The following schedule of fees shall be charged by the Roanoke County Police Department for the services described: Concealed weapons permit background investigation and report: Initial application and issuance for 2 years .... $250.00 Biennial renewal thereafter ..................... $ 25.00 Conservator of the Peace appointment: Initial application and issuance for 2 years .... $250.00 Biennial renewal thereafter ..................... $ 25.00 3. Any fees collected under this ordinance shall be deposited in an account for the benefit of the Roanoke County Police Department personnel costs. 4. This ordinance shall be in full force and effect from and after the date of its adoption. c:\wp50\agenda\police.fee ACTION NO. ITEM NO . ~ "" AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 13, 1993 AGENDA ITEM: ORDINANCE AUTHORIZING THE ACQUISITION OF 4.0-ACRE PARCEL OF LAND FROM JOSEPH H. DAVIS AND SUZANNE R. WIDNEY FOR THE SPRING HOLLOW RESERVOIR PROJECT COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY• This is the first reading of the proposed ordinance to authorize acquisition of a parcel of land, consisting of 4.0 acres, more or less, (2.030 acres by survey), together with all rights incident thereto and appurtenances thereunto belonging, and together with all right, title and interest in and to the adjoining parcel of land where the family cemetery is located, from Joseph H. Davis and Suzanne R. Widney for the Spring Hollow Reservoir Project . BACKGROUND• The subject property is Reservoir project, in order t reservoir and the pump station. 4.0 acres by deed, but of 2.030 H. Davis and Suzanne K. Widney. necessary for o provide the This parcel of acres by survey the Spring Hollow main access to the land, consisting of is owned by Joseph In November of 1991, staff obtained an independent appraisal of the estimated fair market value for the proposed acquisition from Earl G. Robertson, MAI, SRPA, of Commonwealth Appraisal Company. The appraiser's opinion was that the estimated market value was $2,358.30 per acre. Based upon the surveyed acreage of 2.030, the estimated fair market value of the property was $4,800.00. Staff was unable to reach an agreement with the owners for the purchase of the property. Staff had extended a written offer of $4,000.00, subject to Board approval; the owners made a verbal counter-offer $20,000.00 for purchase. Consequently, Staff recommended that the Board authorize acquisition of the property through eminent domain proceedings, with immediate right of entry for commencement of project construction; this was approved by Resolution No. 111991, adopted by the Board on November 19, 1991. Ga SiJNIlKARY OF INFORMATION: Staff has communicated with the property owners on several occasions since the Board authorized condemnation. The owners have verbally indicated that they will accept the sum of $6,000.00 for the purchase of their property and a contract of sale has been sent for written confirmation of this agreement. The owners have also requested, as part of the transaction, that the County agree to maintain the family cemetery located on an adjoining parcel of land and to grant the owners reasonable access for visits to the cemetery. FISCAL IMPACTS• The purchase price of $6, 000.00 for the property would be paid from the Spring Hollow account. The proposed price is greater than the appraised value per purchase would eliminate as well as the attendant date of entry. ALTERNATIVES: survey as of November 7, 1991, but this the uncertainty of a higher court award, litigation costs and interest from the Alternative Number 1: Authorize the acquisition of the 4.0- acre parcel of land (2.030 acres per survey), together with all rights incident thereto and appurtenances thereunto belonging, and together with all right, title and interest in and to the adjoining parcel of land where the family cemetery is located, from Joseph H. Davis and Suzanne R. Widney for the sum of $6,000.00, plus agreement by the County to maintain the family cemetery, and the grant of reasonable access for the owners to visit said cemetery. Alternative Number 2: Proceed with condemnation as previously authorized by the Board. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors adopt an ordinance in accordance with Alternative Number 1. Respectfully submitted, ickie L. H ma Assistant County Attorney Action Vote No Yes Abs Approved ( ) Denied ( ) Received ( ) Referred to Motion by Eddy Johnson Kohinke Nickens Minnix G-~, AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, APRIL 13, 1993 ORDINANCE AUTHORIZING THE ACQUISITION OF 4.0-ACRE PARCEL OF LAND FROM JOSEPH H. DAVIS AND SUZANNE R. WIDNEY FOR THE SPRING HOLLOW RESERVOIR PROJECT WHEREAS, in order to provide the main access to the reservoir and the pump station for the Spring Hollow Reservoir project, the County requires a certain parcel of land, consisting of 4.0 acres by deed and 2.030 acres by survey, in the Catawba Magisterial District of Roanoke County, owned by Joseph H. Davis and Suzanne R. Widney; and WHEREAS, staff has negotiated the purchase of said property from Davis and Widney for the sum of $6,000.00, in lieu of eminent domain proceedings previously authorized by the Board; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition of real estate be accomplished by ordinance; the first reading of this ordinance was held on April 13, 1993; and the second reading was held on April 27, 1993. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County Administrator is hereby authorized to acquire from Joseph H. Davis and Suzanne R. Widney a 4.0-acre (2.030-acre by survey) tract of land, identified as Tax Map No. 73.00-1-7, together with all rights incident thereto and appurtenances thereunto belonging, and together with all right, title and interest in and to the adjoining parcel of land where the family cemetery is located, for an amount not to exceed $6,000.00, G-a plus agreement to maintain, and reasonable access for the property owners to, the family cemetery. 2. That the purchase price shall be paid out of the funds available for the Spring Hollow Reservoir Project. 2. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this property, all of which shall be approved as to form by the County Attorney. ACTION NO. ITEM NO. ~'" AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 13, 1993 AGENDA ITEM: ORDINANCE DECLARING A 100' x 115' PARCEL OF REAL ESTATE IDENTIFIED AS TAX MAP NO. 76.16-1-14 AND LOCATED OFF ROUTE 1666 (SHELDON DRIVE) IN THE WINDSOR HILLS MAGISTERIAL DISTRICT TO BE SURPLUS AND ACCEPTING/REJECTING AN OFFER FOR THE SALE OF SAME COUNTY ADMINISTRATOR'S COMMENTS: SUNIIKARY OF INFORMATION: Staff is requesting that the Board declare a 100' by 115' parcel of real estate located off Route 1666 (Sheldon Drive) in the Windsor Hills Magisterial District and identified as Tax Map No. 76.16-1-14 to be surplus property and to adopt at second reading an ordinance authorizing the sale of this property. The County has received an offer from Carolyn Freeman to purchase this real estate which is located at the rear of her lot (76.16-1-15) for $2,000. FISCAL IMPACTS' The proceeds from the sale of this surplus property shall be paid into the capital projects fund. STAFF RECOMMENDATION: Staff recommends that the Board declare Tax Map No. 76.16-1-14 to be surplus property, and to adopt at second reading an ordinance authorizing the sale of this property. Respectfully submitted, k~GC..~.Q:2c n D. Willey operty Manager Approved by, ~~~-~ ~ Elmer C. Hod e County Administrator 1 G-3 Approved ( ) Denied ( ) Received ( ) Referred to Action Motion by Vote No Yes Abs Eddy Johnson Kohinke Nickens Minnix e:\wp57\agenda\reales[\freeman.rp[ 2 ~-3 la o ~ N~ Cli -~ -+ is ~ ~ c~ N m ~~ -L~ ~o ~ ~ W o I: J 0 ~ C.f1 to N ~ ti~ D y ~ d .N m c„w s~ o, °' ~ N d [/// ~~ ~ ^--_h ~ ~'~ U 5 1. ~~ n Kirk 4,ood o ~ ~ Clr. A r 6` y o 05/ I I S z ` Z .,~ _ o _ d `'-~ p cn m .! tw A ~~ W u ' (D O u W ti N ~ ~ m N ~: ~ ~ ° I ~: o ti c .p Q) o A .~ ,4 0 ~ 126.53 a N ~ ~ ~ ~ ~ ~ o lis N ~ 20L 53 n I ~, ~ V L `A G' - \,~ ~O lr W \ d ~ w b ~~ \ ~~, ~ 3•:.23 gS~l. \,~?~ ti y~ a 9 ~; ~' J y°~ ~%s a A O ~ ~ ~ "~ G ~ 01 rr.~ ~ ~~ ~ Ao ~ - ~s ~ ~~ ~ `m`~ ~ b ~ _1 v~'~LZ t 4 ,+ Q a y p '' 7 \ s. . ~,, ' . o ,,\ ~ 1 - gS Uv' ~. _~ V - O OY p ` A_ ~ ~_ N _ ~~ i5 9fZ -+ ` _ o N O ,r (,+ /) d _ I ~ -_ ~ ; 9 N r~ / S~ ` _~ W ~1 . ~~ ` ~ / u~ O v i~ ` y / / /U3\` m I ~,, ~ m ~ :' ,X la ~ _ .~ G3 Apr i 1 2, 1993 Mr. John Willey County Property Manager P.O. Pox 29800 P.oanoke, VA 24018 Dear Mr. Willey: I am the owner of the property consisting of a lot and a residential dwelling located at 4396 Sheldon Drive, S.W., P.oanoE:e, Virginia 24018, l-ax Map #76.16-1-15. I would like to purchase the well lot Tax Map #76.16-1-14 from Roanoke County whicl-- ad.joins the rear of my lot in a {:eystone fashion far the sum of Two Thousand Dollars 02,000.). Said purchase shall be subject to the consummation of the sale of my home referenced above which is currently under contract and my securing adequate financing to purchase same, if necessary. Also, this contract shall be subject to Roanoke County securing and capping said well at its expense, being able to deliver good and marketable title by general warranty deed to me and said deed being able to be transferred to my purchasers now and in the future. Said well lot shall not be used as a main dwelling building lot and said well lot shall be combined with my existing lat into a single lot and survey shall show same. Thank you in advance for your time and consideration in this matter. Respectfully, ~~ ~2GGrnci~ Carol i~ Freeman G3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, APRIL 13, 1993 ORDINANCE DECLARING A 100' by 115' PARCEL OF REAL ESTATE IDENTIFIED AS TAX MAP NO. 76.16-1- 14 TO BE SURPLUS AND ACCEPTING/REJECTING AN OFFER FOR THE SALE OF SAME BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject property is hereby declared to be surplus and is being made available for other public uses; and 2. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading and public hearing was held on April 13, 1993; and a second reading was held on April 27, 1993, concerning the sale and disposition of a 100' by 115' parcel of real estate identified as Tax Map No. 76.16-1-14; and 3. That an offer having been received for said property, the offer of Carolyn Freeman to purchase this property for Two Thousand Dollars ($2,000) is hereby accepted/rejected; and 4. That all proceeds from the sale of this real estate are to be paid into the capital projects fund; and 5. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the conveyance of said property, all of which shall be upon form approved by the County Attorney. c:\wp5 ] \agenda\realesta\brooklawn ~{-I AT A REGIILAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COIINTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TIIESDAY, APRIL 13, 1993 ORDINANCE 41393-5 RESCINDING RESOLIITION 11988- 2 AND AIITHORIZING THE LEASE OF REAL ESTATE, A PORTION OF THE BACK CREEK VOLIINTEER FIRE COMPANY PROPERTY (TA% 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 13, 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 delegate to the Back Creek Volunteer Fire Company the authority and responsibility to lease a portion of the Back Creek Volunteer Fire Company property, subject to the provisions of an approved lease agreement. 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. On motion of Supervisor Eddy to adopt the ordinance with an amendment to the lease, and carried by the following recorded vote: AYES: Supervisors Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Johnson, Nickens ABSENT: Supervisor Johnson, Nickens A COPY TESTE: ,~. ~ Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Thomas C. Fuqua, Chief, Fire & Rescue Paul M. Mahoney, County Attorney ACTION NO. ITEM NO . ~ ~' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 13, 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) COUNTY ADMINISTRATOR'S COMMENTS: I sul~~est that we retain ownershiu of the property because of the issues identified by Mr. Mahoney, but that we allow Co. 11 to lease the vroperty in accordance to the guidelines of the contract. 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. SUMMARY 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. 1 µ-i 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. At the first reading of this ordinance a member of the Board suggested that staff investigate the possibility of conveying this house and the real estate upon which it is situated to the Back Creek Volunteer Fire Company. There are many practical and legal impediments to such a conveyance. Accordingly staff recommends that the Board not subdivide this tract of real estate and not convey that portion to the Back Creek Volunteer Fire Company, but rather, that it adopt at second reading the proposed ordinance. The reasons for this recommendation are as follows: 1. This portion of the property does not have frontage on 12 O'Clock Knob Road. A narrow tract of real estate (Tax Map Parcel No. 95.01-1-3) separates this property from the road. Therefore any subdivision of this property would violate the County's Subdivision Ordinance. Further such a division would not be eligible for the "family subdivision" exemption. 2. The entire tract of real estate has 90' road frontage on Rt. 221. The Zoning Ordinance requires 85' road frontage. Therefore this proposed subdivided tract and the remaining tract lack sufficient road frontage to meet County requirements. Such a division would conflict with emergency vehicle access to and from the fire station. 3. Minimum lot size under the zoning ordinance (AV District) is 25,000 square feet. A lot this size would conflict with the fire station parking lot. Setbacks may well be a problem, absent a detailed survey and site plan. 4. It appears that the house and the fire station would share the same septic system. (The original, approved site plan shows the house to be demolished.) The sewer line from the fire station runs from the fire station, past the house, to land beyond the house. Cross easements and an agreement to share the septic tank and drainfield (currently prohibited by County ordinance) would be required if this were a subdivided lot. 5. County ownership of uses of this property, and emergency services facility. this land assures the future land compatibility with the adjacent 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. 2 I+-~ STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors approve the second reading of the attached ordinance. Respectfully submitted, ~~ Y'~~~~ r Paul M. Mahoney County Attorney Action Approved ( ) Denied ( ) Received ( ) Referred to Motion by cc: Chief Tommy Fuqua c:\wp5l \agenda\realest\backcrk. rp[ Vote No Yes Abs Eddy Johnson Kohinke Nickens Minnix 3 µ-i AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 13, 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 13, 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 delegate to the Back Creek Volunteer Fire Company the authority and responsibility to lease a portion of the Back Creek Volunteer Fire Company property, subject to the provisions of an approved lease agreement. 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\realest\back.crk 1 ` ~ ~~~ THIS LEASE AGREEMENT, made and entered into this day of , 1993, 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 during the initial term of the lease 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 initial term of this lease shall commence continue until and shall Thereafter, 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 1 ~-i 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 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 2 /-~-1 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, 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 3 ~- I 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, 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 4 f~-/ 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. 16. It is agreed that all of the terms and conditions of this lease are binding upon the parties hereto, their administrators, heirs, and assigns unless otherwise specified herein. 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 , 1993. 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. Chief Tenant 5 N-~ State of Virginia, County of Roanoke, to-wit: The foregoing instrument was acknowledged before me this day of 1992, by 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 1992, by ,Chief, Back Creek Volunteer Fire Company. Notary Public My commission expires: ~:~W P51~REAI.FS7ILEASE~BA~K.~RK 6 ACTION NUMBER ITEM NUMBER ~°" AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 13, 1993 SUBJECT: Appointments to Committees, Commissions and Boards COUNTY ADMINISTRATORS 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. SUBMITTED BY: Mary H. Allen Clerk to the Board APPROVED BY: ~~ Elmer C. Hodge County Administrator ----------------------------------------- ACTION VOTE Approved ( ) Motion by: Denied ( ) No Yes Abs Received ( ) Referred ( ) To ( ) Eddy Johnson Kohinke Minnix Nickens I ~- C.~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 13, 1993 RESOLUTION 41393-6 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. that the certain section of the agenda of the Board of Supervisors for April 13, 1993, designated as Item K - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 6, nclusive, as follows: 1. Minutes of Meetings - March 9, 1993, March 23, 1993 2. Donation of Right-of-Way and Drainage Easement in Connection with West River Road Project (P-71) 3. Request for Acceptance of Rome Drive, an Extension of McIntosh Lane and an Extension of Huntridge Road into the VDOT Secondary System. 4. Acknowledgement of Acceptance of 0.09 miles of Shrewsbury Court (Route 1982) into the VDOT Secondary System. 5. Resolution Authorizing the School Board to Pay the Chairman of the School Board Additional Compensation. 6. Acceptance of Sanitary Sewer Facilities Serving Croom Sewer Line Extension. T'---rTrppr6 rar6z-~c'tzcai~~e-~crns-~~-~6i~~i ni.. ~ i a ~.. .., i .. Yii~'u~~-9~i~usi6'~e~14~- 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 Consent Resolution with Item 7 removed, and carried by the following recorded vote: AYES: Supervisors Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisors Johnson, Nickens A COPY TESTE: J'+~ Mary H. llen, Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Cliff Craig, Director, Utility Dr. Bayes Wilson, Superintendent, Roanoke County Schools March 9, 1993 Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, S.W. Roanoke, Virginia 24018 March 9, 1993 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the second Tuesday, and the first regularly scheduled meeting of the month of March, 1993. IN RE: CALL TO ORDER Chairman Minnix called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman H. Odell "Fuzzy" Minnix, Vice Chairman Lee B. Eddy, Supervisors Bob L. Johnson, Edward G. Kohinke, Sr., Harry C. Nickens 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 Michael Nevling, Co?.onial Presbyterian Church. The Pledge of Allegiance was recited ay ull present. ~~ March 9, 1993 ' of loyal and dedicated service, taking particular interest in the well-being of the children who came into care; and WHEREAS, in the first month of retirement, Ola M. Myers has put forth 50 hours of volunteer service in the Department of Social Services. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to OLA M. MYERS for over 28 years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful and productive retirement. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None 2. Proclamation Declaring April 3, 1993 as Clean Valley Day and Presentation from Clean yalley Council (Ellen Aiken, Executive Director) A slide presentation was made by Ellen Aiken, Executive Director of the Clean Valley Council and Allen Robinson, a Roanoke County appointee to the Council. They also accepted the proclamation from Chairman Minnix. Supervisor Kohinke moved to adopt the proclamation. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix a ~ ~ i ; March 9, 1993 ' Supervisor Nickens moved to approve the staff recommendation with the appeal process as follows: (1) Hearing Panel; (2) County Administrator; (3) Board of Supervisors, and that a draft ordinance be brought back to a work session. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None 2. Adoption of a Resolution Authorizing the Relocation of the Offices of the Commissioner of the Revenue and the Treasurer to New Office Facilities. (Paul Mahoney, County Attornev) R-3993-3 Mr. Mahoney advised that this action is required by the State Code. The effective date will be on or about August 27, 1993. 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 3993-3 AIITHORIZING THE RELOCATION OF THE OFFICES OF THE COMMISSIONER OF THE REVENIIE AND THE TREASIIRER TO NEW OFFICE FACILITIES WHEREAS, Section 58.1-3101 of the Code of Virginia, 1950, as amended, provides that each county commissioner of the revenue shall keep an office at the county seat of his county or at such other point in the county as the governing body of the county deems to be more convenient to the majority of the citizens; and .,y' .. March 9., 19 9 3 NAYS: None 3. Request for Authorization to Submit to the State Committee Refinancing of Current County Debt. (Diane Hyatt, Director of Finance R-3993-4 Ms. Hyatt reported that the staff and financial advisors have been monitoring the decline in interest rates to determine whether money can be saved by refunding current bond issues, and they now feel this action would be beneficial to the County. The resolution would allow staff to prepare the necessary documents to present the case to the State Council on Local Debt which will meet on March 17. Staff will be working with Alex Brown & Sons as underwriters, Wheat First Securities as financial advisors and McGuire Woods Battle & Booth as bond council. She advised that staff is also reviewing the possibility of an early sale of the general obligation bonds in order to take advantage of the interest rates. Ms. Hyatt advised that staff would bring back the estimated savings as soon as possible. In response to an inquiry from Supervisor Johnson, Ms. Hyatt explained that the staff was not going out for Requests for Proposals because that would add two months to the process and it was advantageous to continue with the same team. Supervisor Johnson moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ,,~ u J March 9. 1993 _ 2. The County Administrator, the Director of Finance and such officers and agents of the County as either of them may designate are authorized and directed to apply to the SCLD on behalf of the Board of Supervisors for approval of the issuance of the Refunding Bonds to refund all or a portion of the callable Prior Bonds and to take such other action as may be required to obtain SCLD approval. The County Administrator shall determine the portions of the callable Prior Bonds to be included in the plan for advance refunding to be submitted to the SOLD for approval; provided, however, that the issuance of the Refunding Bonds and the advanced refunding of each series of the Prior Bonds as determined by such officer shall produce a Present Value Savings Ratio (as defined in the State Council on Local Debt Guidelines) of not less than .03 (3~). 3. This Resolution shall take effect immediately. Adopted by the Board of Supervisors at a meeting duly called and held on March 9, 1993. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None 4. Claim by the City of Roanoke For IIna~proved Char es for sur lus Water. Paul Mahone Count Attorney) A-3993-5 Mr. Mahoney reported that the Roanoke City Attorney March 9, 1993 George Peoples, 6019 Steeplechase, spoke and stated he felt that going forward with condemnation was premature since there has not been a meeting. However, Mr. Mahoney advised that negotiations could still continue even though the resolution has been adopted. Supervisor Eddy moved to defer to March 23, 1993. The motion was defeated by the following recorded vote: AYES: Supervisors Eddy, Minnix NAYS: Supervisor Johnson, Kohinke, Nickens Supervisor Nickens moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Nickens NAYS: Supervisors Eddy, Minnix RESOLIITION 3993-6 PIIRSIIANT TO SECTION 15.1-238(E) OF THE CODE OF VIRGINIA, 1950, AS AMENDED, AIITHORIZING THE ACQIIISITION OF AN EASEMENT THROIIGH SEPARATE PARCELS OF LAND OWNED BY G. H. BOARD AND GEORGE D. PEOPLES AND DEBORAH 8. PEOPLES AND ACQIIISITION OF A CERTAIN PARCEL OF LAND IN FEE SIMPLE FROM MICHAEL J. GORDON FOR THE WATER TRANSMISSION LINE PROJECT Following a public hearing of the Board of Supervisors of Roanoke County on Tuesday, February 23, 1993, at 7:00 p.m., after due notice to the public, this Board makes the following findings of fact and adopted the following resolution: BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Water Transmission Line Project has been approved to provide a source of water for the citizens of Roanoke ,-, March 9, 1993 See attached plat identified as "EXHIBIT C" showing parcel of land in fee simple to be acquired from Michael J. Gordon. 5. That the fair market value of the interest in the property to be taken and damages to the residue of such property, if any, is as follows: PROPERTY OWNER FAIR MARKET VALUE AND DAMAGES. IF ANY G. H. Board George D. Peoples and Deborah S. Peoples Michael J. Gordon $ 562.00 1,465.00 575.00 6. That each of the landowners have been offered the amounts listed in paragraph 5 above for an interest in their property and that each offer was refused by the landowners. Therefore, the only feasible way of acquiring the land described above is by condemnation. 7. That it is necessary for the County to immediately enter upon and take possession of the properties described above and commence construction of such water transmission lines and any other appurtenances to the water supply system in order to more adequately serve the needs of the citizens of Roanoke County and to institute and conduct appropriate condemnation proceedings as to the above-described property as provided by law and by this resolution the County hereby states its intent to do so. 8. That pursuant to the provisions of Section 15.1- l{ ; March 9, 1993 compensation offered shall be sent by certified mail to the landowners as described above on March 12, 1993. 12. That the law firm of Martin, Hopkins and Lemon, P.C. shall be the duly authorized agent and attorney for the County for the purpose of instituting condemnation proceedings and the handling of the acquisition of these properties for the County. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Nickens NAYS: Supervisors Eddy, Minnix IN RE: FIRST READING OF ORDINANCES 1. Ordinance vacating 1.5 feet by 5.1 feet on the Southwest Side of the 25 Foot Sanitary sewer Drainage Easement on Lot 9, Section 7 of the Orchards Subdivision located in the Hollins Magisterial District. There was no discussion and no citizens spoke. Supervisor Eddy moved to approve the first reading. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None M ~ J March 9, 1993 providing facilities for its athletic activities. In exchange for the authorization to utilize a portion of the Vinyard Park No. 2. property, the Roanoke Valley Youth Soccer Club, Inc. has indicated its willingness to construct several soccer fields on the property. 3. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish this transaction, all of which shall be upon a form approved by the County Attorney. On motion of Supervisor Johnson to adopt the Ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None 2. Ordinance Vacating a 50-Foot IInimproved Paper Street Referred to as Loman Drive and Shown on the Map of North Burlington Heights, Section i, upon the Petition of Fred Holdren. (Arnold Covey, Director of Engineering & Inspections) (CONTINIIED FROM FEBRIIARY 23, 1993.) 0-3993-8 Mr. Covey advised that staff had come up with several alternatives to satisfy concerns in the neighborhood but have now reached an impasse. One party will sign the agreement and one party will not sign. Mr. Covey reported that the agreement included an easement that would allow Mr. Hensen to continue to use the driveway. The surrounding neighbors felt there should be ~. .,~ March 9, 1993 Burlington Heights, Section 1 in the Hollins Magisterial District as shown in Plat Book 3, at page 57 of record in the Clerk's Office of the Roanoke County Circuit Court; and, WHEREAS, Section 15.1-482 (b) of the 1950 Code of Virginia, as amended, requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by Section 15.1- 431 of the 1950 Code of Virginia, as amended, and a first reading of this ordinance was held on January 12, 1993; and the second reading and public hearing of this ordinance was held on January 26, 1993, and continued until March 9, 1993. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a 50-foot unimproved paper street referred to as Loman Drive between the intersections of Dallas Road and Goff Road and approximately 360 feet in length and shown on the map of North Burlington Heights, Section 1, in the Hollins Magisterial District of record in Plat Book 3 , at page 57 , in the Office of the Clerk of the Circuit Court of Roanoke County, Virginia, be, and hereby is, vacated pursuant to Section 15.1-482(b) of the 1950 Code of Virginia, as amended; and, 2. That as a condition of the adoption of this ordinance, the County reserves and retains a 20-foot sewer easement as shown on the attached plat prepared by the Roanoke County Engineering and Inspections Department; and, 3. That this ordinance shall be in full force and effect March 9, 1993 u NAYS: None ORDINANCE 3993-9 ACCEPTING AN OFFER FOR AND AIITHORIZING THE SALE OF 0.493 ACRE, MORE OR LESS, BEING A PORTION OF TAB MAP NO. 37.07-1-5.1 AND A PORTION OF THE REMAINING PROPERTY OF THE BOARD OF SIIPERVISORS OF ROANORE COIINTY AT VALLEYPOINTE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject property is declared to be surplus and is being made available for other public uses; and 2. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a f first reading was held on February 23, 1993; and a second reading and public hearing was held on March 9, 1993, concerning the sale and disposition of 0.493 acre, more or less, being a portion of Tax Map No. 37.07-1-5.1 and a portion of the remaining property of the Board of Supervisors of Roanoke County at Valleypointe; and 3. That an offer having been received for said property, the offer of Lingerfelt Development Corporation to purchase this property for Fourteen Thousand Four Hundred Ninety Dollars ($14,490) is hereby accepted; and 4. That all proceeds from the sale of this real estate are to be paid into the capital projects fund; and 5. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the conveyance of said property, r :Z .±/. ~i March 9, 1993 school administration building and annex (collectively, the "Project") and to obtain financing for the Project through lease revenue bonds in the maximum principal amount of $4,750,000 ("Bonds") to be issued by the Industrial Development Authority of Roanoke County, Virginia ("Authority"). The County will lease the County Administration Center to the Authority pursuant to a lease ("Lease"). The Bonds will be payable solely from the revenues derived by the Authority from the Financing Lease from the Authority to the County ("Financing Lease") pursuant to which the Authority will lease the County Administration Center back to the County and the County agrees to make rental payments, subject to annual appropriation, sufficient to pay the principal of and interest on the Bonds; and WHEREAS, the Bonds will be issued pursuant to the following documents: (i) Indenture of Trust between the Authority and Crestar Bank ("Trustee"); (ii) Lease; (iii) Financing Lease; (iv) Deed of Trust from the Authority to the individual trustees named therein, as trustees; (v) Assignment of Rents and Leases between the Authority and the Trustee; (vi) Preliminary Official Statement and Official Statement with respect to the issuance and sale of the Bonds; and (vii) Bond Purchase Agreement among Alex. Brown & Sons Incorporated ("Underwriter"), the County and the Authority. All of the documents listed above, except the Preliminary Official Statement, Official Statement and the Bond Purchase Agreement, are to be dated for reference as of March 1, 1993. All of the documents listed above, except the Bonds, the March 9, 1993 the County Administrator is authorized and directed to affix or the cause to be affixed the seal of the County to the Basic Documents and to attest such seal. Such officers or their designees are authorized to execute and deliver on behalf of the County such instruments, documents or certificates, and to do and perform such things and acts, as they shall deem necessary or appropriate to carry out the transactions authorized by this Ordinance or contemplated by the Basic Documents; and all of the foregoing, previously done or performed by such officers or agents of the County, are in all respects approved, ratified and confirmed. 4. Sale of Bonds. The County Administrator and the Chairman of the Board of Supervisors or either of them, is authorized and directed to consent to the terms of the sale of the Bonds by the Authority to the Underwriter and to execute and deliver the Bond Purchase Agreement, provided that (i) the true interest cost of the Bonds shall not exceed 9~, (ii) the aggregate principal amount of the Bonds shall not exceed $4,750,000 (iii) the sale price of the Bonds to the Underwriter shall not be less than 97~ of the aggregate principal amount thereof and (iv) the final maturity of the Bonds shall not be later than 25 years from their date. The approval of such officers shall be evidenced conclusively by the execution and delivery of the Bond Purchase Agreement. 5. Approval of Official Statement. The Official Statement with respect to the issuance and sale of the Bonds is hereby March 9, 1993 y r AYES: Supervisors Johnson, Kohinke, Nickens, Minnix NAYS: None ABSTAIN: Supervisor Eddy 5. Ordinance to vacate a 10 Foot by 24 Foot Waterline Easement Located on Common Property Line of Lots 37 and 38. Huntinc Hills Place. Section 3 Subdivision. Located in the Cave SDr1.nQ Magisterial District. (Arnold Covey, Director of Engineering & Inspections) 0-3993-11 There was no discussion and no citizens spoke. Supervisor Kohinke moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ORDINANCE 3993-i1 VACATING A 10-FOOT BY 24-FOOT WATERLINE EASEMENT LOCATED ON COMMON PROPERTY LINE OF LOTS 37 AND 38, HIINTING HILLS PLACE, SECTION 3 SIIBDIVISION (PB 9 PAGE 354) LOCATED IN THE CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, Boone, Boone & Loeb, Inc. has requested the Board of Supervisors of Roanoke County, Virginia to vacate a 10-foot by 24-foot waterline easement located on the common property line of Lots 37 and 38, Hunting Hills Place, Section 3 Subdivision in the Cave Spring Magisterial District as shown in Plat Book 9, at page 354 of record in the Clerk's Office of the Roanoke County Circuit Court; and, WHEREAS, Section 15.1-482 (b) of the 1950 Code of Virginia, March 9, 1993 +t V l~ shall be indemnified of and held harmless from and against all claims for damages to any improvements or structures within the old easement area by it, its heirs, successors, or assigns. On motion of Supervisor Kohinke to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None 6. Ordinances Declarin Certain Pro erties to be Sur lus and to Authorize the Sale of Said Properties (Paul Mahoney, County Attorney) Mr. Mahoney announced that the only offer for Summerdean Lot A is from Mark S. Agner in the amount of $100 and the offer for the Brooklawn well lot was from Dale and Diane East in the amount of $1,200. Supervisor Johnson moved to separate the issues. The motion carried by a unanimous voice vote. a. Summerdean Lot A 0-3993-12.a Supervisor Johnson moved to adopt the ordinance as amended by Mr. Mr. Mahoney. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ORDINANCE 3993-12.a DECLARING A 0.098 ACRE PARCEL OF REAL ESTATE RNOWN As "3IIMMERDEAN LOT A" TO BE 3ORPLIIB AND ACCEPTING/REJECTING March 9, 1993 b. Brooklawn, Aell Lot 0-3993-12.b Supervisor Johnson moved to adopt the ordinance as amended by Mr. Mahoney. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ORDINANCE 3993-12.b DECLARING A 0.268 ACRE PARCEL OF REAL ESTATE RNOWN AS "BROORLAAN HELL LOT" TO BE SIIRPLIIS AND ACCEPTING/REJECTING AN OFFER FOR THE SALE OF SAME BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject property is hereby declared to be surplus and is being made available for other public uses; and 2. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading and public hearing was held on February 23, 1993; and a second reading was held on March 9, 1993, concerning the sale and disposition of a 0.268 acre parcel of real estate known as "Brooklawn Well Lot", Tax Map No. 26.20-4-11; and 3. That an offer having been received for said property, the offer of Dale and Diane East to purchase this property for 51,200.00 is hereby accepted;Y=.=t=d; and 4. That all proceeds from the sale of this real estate are to be paid into the capital projects fund; and ~'~ i March 9, 1993 26, 1993, February 9, 1993. 2. Resolution of Support for the Continuation of Federal Community Service Block Grants to Fund Total Action Against Poverty. 3. Approval of a Raffle Permit for the Valley Network Business and Professional Women's Club of Roanoke, Virginia. 4. Approval of a 50/50 Raffle Permit for 1993 for the William Byrd High School Cheerleading Booster Club. 5. Approval of Revisions to the Bylaws of the Mental Health Services of the Roanoke Valley. 6. Request for Acceptance of Bushdale Road into the Virginia Department of Transportation Secondary System. 7. Request for Acceptance of Duxbury Lane and Brewster Circle into the Virginia Department of Transportation Secondary System. 8. Acceptance of a Quitclaim Deed for Right-of-Way for Tinkerdale Road Extension. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Kohinke to adopt the resolution after discussion of Items 6 and 8, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLIITION 3993-13.a SIIPPORTING THE CONTINIIATION OF THE FEDERAL COMMIINITY SERVICES BLOCR GRANT PROGRAM March 9, 1993 ~ ~ 4 t~ + 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 RESOLIITION 3993-13.e REQDESTING ACCEPTANCE OF BIISHDALE ROAD INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That this matter came this day to be heard upon the proceedings herein, and upon the application for Bushdale Road, a section of road extending from Mayfield Drive (Route 659) in a southeasterly direction 0.29 miles to a turnaround located at its terminus, pursuant to Section 33.1-72.1, Paragraph C-1 of the Code of Virginia of 1950, as amended. 2. That this Board does guarantee the Commonwealth of Virginia an unrestricted right-of-way of 40 feet for streets with necessary easements for drainage as recorded in Deed Book 1358, Pages 01492, 01497, 01501, and Deed Book 1360, Pages 00748, 00751, 00757, 00762, 00765, 00771, 00776, 00782, 00786, and Deed Book 1373, Page 00990, and Deed Book 1377, Pages 00658, 01344, and Deed Book 1380, Page 01093; Deed Book 1394, Page 781 and Deed Book 1394, Page 785 in the Roanoke County Clerk's Office. 3. That this Board does certify that this road was opened to public use prior to July 1, 1980, at which time it was open to March 9, 1993 '' ~ :~ ~ ;s State Code. 2. That it appears to the Board that drainage easements and a fifty (50) foot right-of-way for said roads has heretofore been dedicated by virtue of a certain map known as Duxbury Court Subdivision which map was recorded in Plat Book 11, Page 170, of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on July 12, 1989 and that by reason of the recordation of said map no report prom a Board of Viewers, nor consent or donation of right-of-way from the abutting property owners is necessary. The Board hereby guarantees said drainage easements and a right-of-way for the street. 3. That said roads known as Duxbury Lane and Brewster Circle and which are shown on a certain sketch accompanying this Resolution, be, and the same are hereby established as public roads to become a part of the State Secondary System of Highways in Roanoke County, only from and after notification of official acceptance of said street or highway by the Virginia Department of Transportation. On motion of Supervisor Kohinke to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: REPORTS AND INQIIIRIES OF BOARD MEMBERS Supervisor Johnson• (1) He advised he had received Supervisor Eddy's draft letter to Vice President Gore, commended March 9, 1993 ~. Accounts Paid - February 1993 IN RE: WORK SESSIONS 1. Joint Work Session with the Planninq Commission Planning and Zoning Director Terry Harrington presented the proposed amendments to the County Code and Zoning Ordinance that would allow alternative discharging sewage system systems. The locations that would allow the systems were agricultural districts and in less intensive and developing suburban areas. Criteria included: (1) residence must be located more than 300 feet from an existing or proposed public sewer line; (2) option of last resort for replacing a failed septic system; (3) can only serve a single family residence; (4) residence must be constructed prior to the adoption date of this ordinance; and (5) is the principal residence of the owner. Staff and the Planning Commission also presented the standards and process for receiving these sewage systems. There was general Board support for procedures recommended by the Planning Commission with the emphasis on the fact that this option was the last resort for replacing a failed septic system. 2. Budget Work session Mr. Hodge. and Management and Budget Director Reta Busher presented updated revenue figures from the state including 1 March 9, 1993 ~~ %, U ~ Open Session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLIITION 3993-14 CERTIFYING E%ECIITIVE MEETING WAS HELD IN CONFORMITY WITB 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 March 9, 1993 assessment still increased. 6. Lela Spitz, 1971 Oak Drive Salem spoke in support of a tax rate reduction and reduced spending. 7. Lois Meadows, 2384 W. Riverside Drive also stated her house is in the flood plain and the assessment should have been reduced. 8. Marvin Anderson 8486 Newport Road, also spoke in opposition to the increased real estate assessments. 9. Ray Henderson, 610 Peake Street advised he owned property that had increased by $17,500 and was opposed to the increased assessment. Supervisor Nickens requested that Mr. Hodge set up an education seminar in the Community Room to explain the assessment process to all citizens. b. To Set a Personal Property Tax Rate of Not More than $3.50 Der 5100 Assessed Valuation and a Machinery and Tools Tax Rate of Not More than 3.00 er 100 Assessed Valuation. No citizens spoke. IN RE: PIIBLIC HEARING AND FIRST READING OF ORDINANCES i. Ordinance Amendin and Reenactin Section 21-202 of the Roanoke Count Code Authorizin 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. Count Attorne ~ ~; .h ~ V March 23, 1993 171 Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, S.W. Roanoke, Virginia 24018 March 23, 1993 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday, and the second regularly scheduled meeting of the month of March, 1993. IN RE: CALL TO ORDER Chairman Minnix called the meeting to order at 3:05 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; Brenda J. Holton, Deputy Clerk; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Green, Information Officer March 23, 1993 i~ J IN RE: BRIEFINGS 1. Presentation by Leadership Roanoke Vallev Economic Development Committee. (Reith T. Austin, from Leadership Roanoke Vallev) Mr. Austin showed a video that the Leadership Roanoke Valley Economic Development Committee developed to serve as.a promotional tool for attracting tourists to the Roanoke Valley. It was produced by WBRA and sponsored by Lamar Advertising. Mr. Austin presented two copies of the video to the Board Members. 2. Quarterly Report on 1991 Water Projects. (Clifford Craiq, IItility Director) A quarterly update on the Spring Hollow Reservoir Project, the Water Treatment Plant, and the Water Transmission Line was presented by Mr. Craig and Ted Petosky, Project Manager. The construction of the reservoir is now in its sixteenth month and the project is on schedule despite the recent adverse weather. 3. Quarterly Report on Roanoke Valley Resource Authority Solid Waste Facilities. (John Hubbard, CEO, RVRA) Mr. Hubbard present the quarterly status report. He advised that because of the adverse weather conditions, the project March 23, 1993 ~~ 7 AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None It was the consensus of the Board that an independent review of new assessments would not be necessary. Mr. Hodge had requested permission to obtain proposals for the review to resolve any questions the Board might have. RESOLIITION 32393-1 SETTING THE TAB RATE ON REAL ESTATE SITIIATE IN ROANORE COIINTY 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: NAYS: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix None 2. Resolution Adootinq tha 1993 Personal Property Tau Rates and Machinery and Tools Tau Rate. (Elmer C. Hodge, County Administrator) R-32393-2 Mr. Hodge was present to answer questions. March 23, 1993 1 7 7 .~ 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 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 3.0o 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 March 23, 1993 possible studio location. 4. Re est for A ro riation of 57 116.20 to IItilit Water Fund for Well Drilling. (Clifford Craig, IItility Director) A-32393-4 Mr. Craig advised that the acquisition of land by the Virginia Department of Transportation for 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 damages for the loss of the use of this well. He asked that the Board appropriate this amount for use in the construction of new well supplies. In response to an inquiry from Supervisor Eddy, Mr. Craig advised that drilling on the Forest Edge well started yesterday. Supervisor Johnson moved to appropriate $57,116.20 to the Utility Water Fund for well drilling. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None 5. Revuest for Authorization to issue the 1992 General Oblication Bonds and to Refinance Certain Previous Issues of General obligation Public Improvement and Refundinc Bonds. (Diane Hpatt. Director of Finance) R-32393-5 ~8~ March 23, 1993 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 $37,210,000, which amount is anticipated to be sufficient to amortize the principal of and premium, if any, and interest on the Refunded Bonds and to pay all expenses reasonably incurred in connection with the issuance and sale of the Refunding Bonds. The issuance and sale March 23, 1993 ~8~ the Escrow Agreement, to provide for payment of principal of and interest on the Notes at maturity. The County Administrator is authorized and directed to determine the maturities of the bonds to be called for redemption, to irrevocably call for redemption the Refunded Bonds and to provide for notice of such redemption to be published or sent to the registered owners of the Refunded Bonds, as appropriate. 4. Sale of Series 1993 Bonds. The Board of Supervisors authorizes the sale of the Series 1993 Bonds in .the aggregate principal amount to be determined by the County Administrator, but not to exceed the maximum amounts set forth in paragraph 1, to Alex Brown & Sons Incorporated, Merrill Lynch & Co. and Scott & Stringfellow, Inc. ("Underwriters"). The County Administrator and the Chairman of the Board of Supervisors, or either of them, are authorized and directed to execute and deliver a Bond Purchase Agreement with the Underwriters, providing for the sale and delivery of the Series 1993 Bonds upon terms and conditions to be approved by such officers, provided that (i) the true interest cost of the Series 1993 Bonds shall not exceed 8.0$; (ii) the final maturity of the Series 1993 Bonds shall not be 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 March 23, 1993 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 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. March 23. 1993 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 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 March 23, 1993 1 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 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 .~ (] ~ March 23, 1993 commission. 3. An Ordinance Authorizing a Special IIse Permit to Construct a Religious Assembly and Community Center. Located on Branico Drive. Cave Sprint Magisterial District. upon the Petition of Jitendra Desai. 4._ An Ordinance Authorizing a Special IIse Permit to EBpand an Euistinc church Buildinc for Sunday School Rooms and Fellowship Hall, Located at 8269 Bradshaw Road. Catawba Magisterial District. IIpon the Petition of Warren E. Booth. 5. An ordinance Authorizing a Special IIse Permit to Allow the Expansion of an Esistinq Church Building and the Future Construction of Related Facilities. Located at 312 Azusa Street. Hollins Magisterial District, upon the Petition of Azusa Street Ministries. IN RE: FIRBT 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 Attornev~ March 23, 1993 IN RE: SECOND READING OF ORDINANCES 1. Ordinance Vacating 1.5 feet by 5.1 Southwest Bide of the 25 Foot Sanitary Easement on Lot 9. Section 7 of Subdivision Located in the Hollis District. (Arnold Covey, Director of Inspectionsf 0-32393-6 feet on the sewer Drainage the orchards ~s Magisterial Engineering ~ There was no discussion. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ORDINANCE 32393-6 VACATING A 1.5-FOOT BY 5.1-FOOT PORTION ALONG THE 80IITHWEBT SIDE OF A 25-FOOT BANITARY BEWER/DRAINAGE EASEMENT ON LOT 9, SECTION 7 OF THE ORCHARDS SIIBDIVISION (PB 13 PAGE 73) LOCATED IN THE HOLLINB 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 sew- er/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 `~ 9 5 March 23, 1993 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 IN RE: CONBENT AGENDA R-32393-7 Supervisor Kohinke moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RE8OLIITION 32393-7 APPROVING AND CONCIIRRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SIIPERVI- 80R8 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, 19 7 -~~ March 23, 1993 the money to be used for County employee pay raises. (2) He requested an update on the re Tonal sewa a treatment g q plant negotiations. Mr. Hodge advised that negotiations are continuing and a meeting is scheduled for Friday. Supervisor Nickens: (1) He advised that he concurred with Supervisor Eddy's statement regarding implementation of the salary survey . Supervisor Johnson: (1) He advised that he -concurred with Supervisor Eddy's statement regarding implementation of the salary survey. (2) He requested the status of upgrading the recreation facilities at Northside High School. Mr. Hodge advised that he will have a report at the April 6th meeting. Supervisor Minnix: (1) He expressed concerns that he has received from citizens about real estate signs being removed. He suggested that the staff may need to review this situation in future. (2) He reminded the Board Members that he will have an evaluation of the actions of the County Administrator and staff during the past 120 days sometime during April, and he invited the supervisors to submit topics or attend the meeting. IN RE: RBPORTB Supervisor Johnson moved to receive and file the following reports after discussion of Item 6. The motion carried by a unanimous voice vote. ~. General Fund IInappropriated Balance March 23, 1993 ~ 3 Overlay). Mr. Witt also presented the Commission's work schedule by four quarters for 1993. Mr. Hodge pointed out that the Williamson Road Corridor is currently being developed, and there was a general discussion about this item needing immediate attention. Supervisor Johnson requested that the Williamson Road Corridor Study, which was not on the priority list, be given a higher priority. Supervisor Johnson requested that consideration be given to the Planning Commission being the final authority for approval of special use permits. IN RE: 87[ECIITIVE SEBBION At 5:55 p.m., Supervisor Nickens moved to go into Executive Session at 6:30 p.m., 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 Land- fill contract. (3) to discuss the acquisition of real property for public utility purposes, water transmission line. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: CERTIFICATION OF EBECIITIVE SE88ION R-32393-8 At 7:05 p.m., Supervisor Johnson moved to return to open March 23, 1993 ~ 0 NAYS: None IN RE: RECOGNITION Chairman Minnix recognized the members of Boy Scout Troop 236 who were present. They were accompanied by Lawrence Terry and Ray Eades, Troop Leaders. IN RE: PIIBLIC HEARING AND FIRST READING OF ORDINANCES i. Proposed Amendments to the Zoning ordinance and County sewer Ordinance to Allow Alternative Discharging sewage 8ystema. (Tarry Harrington, Director of Planning & Zonin a. Ordinance Amending and Reenacting Section 18-63.1 ~~Procedures and Fees for Issuance of Permits for Septic Tanks, on-site sewage Disposal epstems and Aelis~~ of the Roanoke County Code to Provide for Alternative Discharcinc sewage systems. b. Ordinance Amending and Reenacting the 1992 Roanoke County Zoning Ordinance to provide for Alternative Discharcinc sewage systems. Mr. Harrington advised that in September 1992, the Board instructed the Planning Commission to evaluate the use of Alternative X03 March 23, 1993 Supervisor Eddy and Supervisor Johnson recommended deeding the property in fee simple to the Fire Company to avoid the continuing involvement of the County. Supervisor Nickens pointed out that the County may need the property for expansion in the future, and advised that he was concerned about the issues of liability whether or not the property was deeded to the Fire Company. Mr. Mahoney advised that in order to deed the property to the Fire Company, another ordinance would have to be prepared with a new first reading and public hearing. In response to Supervisor Nickens' request for clarification, Mr. Mahoney explained that the present draft ordinance would have to be revised if the responsibility to enter into a lease is to be delegated from the Board to the Fire Company. At the evening session, Supervisor Eddy moved to approve the first reading of the ordinance and requested that staff investigate the possibility with the Engineering Department of fee simple donation and sale to the Fire Company and report to the Board at the second reading. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: PIIHLIC HEARING AND SECOND READING OF ORDINANCES 1. Ordinance Amendinc and Reenacting Section 21-202 of the Roanoke County Code Authori$inq an Increase in the Transient Occuoancv Tau from 2~ to 5$, Allocating the March 23, 1993 '" 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 adop- tion 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 ~e-~-} five (5Z 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 ex- tinguished 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 propor- tionate 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 March 23, 1993 G~ AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ORDINANCE 32393-10 GRANTING A SPECIAL IISE PERMIT TO NELSON B . AND BRENDA Z . GREENS TO CONBTRIICT 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 peti- tion 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, Virgin- ia, 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 Magisteri- al District is substantially in accord with the adopted 1985 Compre- hensive 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. 0 n motion of Supervisor Eddy to adopt the ordinance, and carried by the March 23, 1993 2 speak. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ORDINANCE 32393-11 GRANTING A SPECIAL IISE PERMIT TO CELLIILAR ONE TO ERECT A BELF-BIIPPORTING COMMIINICATION TOWER ON A PORTION OF A 718.72-ACRE PARCEL LOCATED APPRO%IMATELY ONE MILE SOIITIiWEBT OF THE INTERSECTION OF INDIAN GRAVE ROAD AND Q.B._ 220, CAVE SPRING MAGIBTERIAL DIBTRICT 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 March 23, 1993 ~ i carried by the following recorded vote: AYES: Supervisors Eddy, Nickens, Minnix NAYS: Supervisors Johnson, Kohinke IN RE: CERTIFICATION OF E%ECIITIVE 8E88ION R-32393-12 At 8:33 p.m., Supervisor Nickens moved to return to open session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLIITION 32392-12 CERTIFYING EBECIITIVE MEETING WA8 GELD 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 ACTION NO. A-41393-6.a ITEM NO ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER MEETING DATE: April 13, 1993 AGENDA ITEM: Donation of right-of-way and drainage easement in connection with West River Road Project (P-71) 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 West River Road Project in the Catawba Magisterial District. a) Donation of an easement from B. H. Hansel, II, Trustee, Jack O. Kingsley, Trustee, Stran L. Trout, Trustee and Gene R. Sullivan, Trustee, (Deed Book 1302, Page 312) Tax Map No. 64.04-2-39) as shown on a plat prepared by the Roanoke County Engineering & Inspections Department, dated January 31, 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 project. TTED BY: Arnold Covey, Director Engineering & Inspecti APPROVED BY: Elmer C. odge County Administrator ~-a --------------------------------------------------------------- ACTIOIJ VOTE Approved (x) Motion by: Edward G.Kohinke No Yes Absent Denied ( ) Eddy x Received ( ) Johnson x Ref erred Kohinke ~_ To Minnix x Nickens x cc: File Arnold Covey, Director, Engineering & Inspections Clifford Craig, Director, Utility METES AND BOUNDS DESCRIPTION SHOWN ON THIS PLAT REPRESENT A COMPOSITE OF DEEDS, PLATS, AND CALCULATED INFORMATION AND DO NOT REFLECT AN ACCURATE BOUNs7ARY SURVEY. N Approximate Shoreline Of Roanoke Rivtr n .~~ _ _ u S 26° 37' 00" W PROPERTY IS IN THE 100 YEAR FLOOD PLAIN AS DEFINED BY THE FEMA .COMMUNITY PANEL NUMBER 510190 0075 A. West Rlver Road State Rt._639 NEW 15~ D.E. S 15° 39~ 00" W '- 6.98 ~-3 AT A REGOLAR MEETING OF THE BOARD OF SIIPERVISORS OF ROANORE COIINTY, VIRGINIA, HELD AT THE ROANOKB COUNTY ADMINISTRATION CENTER ON TIIESDAY, APRIL 13, 1993 RESOLIITION 41393-6.b REQUESTING ACCEPTANCE OF ROME DRIVE, AN EBTENSION OF MCINTOSH LANE, AND AN E%TENSION OF HUNTRIDGE ROAD INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That this matter came this day to be heard upon the proceedings herein, and upon the application of .29 miles of Rome Drive, .06 miles extension of McIntosh Lane, and .05 miles extension of Huntridge Road to be accepted and made a part of the Secondary System of State Highways under Section 33.1-229 of the Virginia State Code. 2. That it appears to the Board that drainage easements and a fifty (50) foot right-of-way for said roads have heretofore been dedicated by virtue of a certain map known as The Orchards, Applewood, Section 7, Subdivision which map was recorded in Plat Book 13, Page 73, of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on March 22, 1991 and that by reason of the recordation of said map no report from a Board of Viewers, nor consent or donation of right-of-way from the abutting property owners is necessary. The Board hereby guarantees said drainage easements and a right-of-way for the street. 3. That said roads known as Rome Drive, McIntosh Lane, and Huntridge Road and which are shown on a certain sketch accompanying this Resolution, be, and the same are hereby established as public roads to become a part of the State Secondary System of Highways in Roanoke County, only from and after notification of official acceptance of said streets or highways by the Virginia Department of Transportation. On motion of Supervisor Kohinke to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisors Johnson, Nickens A COPY TESTE: `-rY~ovu~.~ • Q~t~~ Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections copy for Virginia Department of Transportation DESCRIPTION: • 1) Rome Drive from an intersection with Crumpacker Drive (Virginia Route 781) Southwest 1520 feet to an intersection with a proposed extension of Huntridge Road (Virginia Route 1220). . 2) An extension of McIntosh Lane from an intersection with Winesap Drive (Virginia Route 1084) Northwest 300 feet to an intersection with the proposed Rome Drive. ' 3) An extension of Huntridge Road (Virginia Route 1220) from an existing temporary cul-de-sac North 255 feed to an intersection with Rome Drive. LENGTH: (1) .29 MILES (2) .06 MILES (3) .O5 MZLES RIGHT-OF-WAY: (1) 50 FEET ~ (2) 50 FEET (3) 50 FEET ROADWAY WIDTH: (1) 36 FEET (2) 36 FEET (3) 38 FEET SURFACE WIDTH: (1) 32 FEET (2) 32 FEET (3) 34 FEET SERVICE: (1) 19 HOMES (2) 0 HOMES (3) 1 HOMES - Acceptance of Rome Drive, an extension of McIntosh ROANOKE COUNTY Lane and an extension of Huntridge Road into the ENGINEERING & Virginia Department of Transportation Secondary System INSPECTIONS DEPARTMENT 3 i i;: ~. PROPOSED ADDITIONS SHOWN IN GRAY ITEM NUMBER ~/ ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER MEETING DATE: April 13, 1993 SUBJECT: Acceptance of Rome Drive, an extension of McIntosh Lane and an extension of Huntridge Road into the Virginia Department of Transportation Secondary System. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: F & W Community Development Corporation, the developer of The Orchards, Applewood, Section No. 7, requests that the Board of Supervisors approve a resolution to the Virginia Department of Transportation requesting that they accept .29 miles of Rome Drive, .06 miles extension of McIntosh Lane, and .05 miles extension of Huntridge Road. The staff has inspected these roads along with representatives of the Virginia Department of Transportation and finds these roads are acceptable. FISCAL IMPACT: No county funding is required. RECOMMENDATIONS• The staff recommends that the Board approve a resolution to VDOT requesting that they accept Rome Drive and extensions to McIntosh and Huntridge Road into the Secondary Road System. TTED BY: APPROVED: f I~ Ar~4o3z1 Covey, Director Elmer C. Hodge of Engineering & Ins ctions County Administrator J:3 Approved ( ) Denied ( ) Received ( ) Ref erred to Motion by: ACTION VOTE No Yes Abs Eddy Johnson Kohinke Minnix Nickens ~3 AT A REGIILAR MEETING OF THE BOARD OF SIIPERVI80R8 OF ROANORE COIINTY, VIRGINIA, HELD AT T8E ROANORE COIINTY ADMINISTRATION CENTER ON TIIESDAY, APRIL 13 1993 RESOLIITION REQIIESTING ACCEPTANCE OF ROME DRIVE AN EXTENSION OF MCINTOSH LANE, AND AN EXTENSION OF HUNTRIDGE ROAD INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That this matter came this day to be heard upon the proceedings herein, and upon the application of .29 miles of Rome Drive, .06 miles extension of McIntosh Lane, and .05 miles extension of Huntridge Road to be accepted and made a part of the Secondary System of State Highways under Section 33.1-229 of the Virginia State Code. 2. That it appears to the Board that drainage easements and a fifty (50) foot right-of-way for said roads have heretofore been dedicated by virtue of a certain map known as The Orchards, Applewood, Section 7, Subdivision which map was recorded in Plat Book 13, Page 73, of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on March 22, 1991 and that by reason of the recordation of said map no report from a Board of Viewers, nor consent or donation of right-of-way from the abutting property owners is necessary. The Board hereby guarantees said drainage easements and a right-of-way for the street. 4 ~T3 3. That said roads known as Rome Drive, McIntosh Lane, and Huntridge Road and which are shown on a certain sketch accompanying this Resolution, be, and the same are hereby established as public roads to become a part of the State Secondary System of Highways in Roanoke County, only from and after notification of official acceptance of said streets or highways by the Virginia Department of Transportation. 5 ACTION NO. A-41393-6.c ITEM NUMBER ~" AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 13, 1993 AGENDA ITEM: Acknowledgement of Acceptance of 0.09 Miles of Shrewsbury Court into the Secondary System by the Virginia Department of Transportation COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County has received acknowledgement that the following road has been accepted into the Secondary System by the Virginia Department of Transportation effective March 16, 1993. Kingston Court, Section 5 0.09 Miles of Shrewsbury Court (Route 1982) SUBMITTED BY: APPROVED BY: Mary H. Allen Elmer C. Hodge Clerk to the Board County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Edward G.Kohinke No Yes Abs ent Denied ( ) Eddy x Received ( ) Kohinke x Referred ( ) To ( ) Johnson x Minnix x _ Nickens x cc: File Arnold Covey, Director, Engineering & Inspections Y ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 13, 1993 RESOLUTION 4139.3-6.d AIITHORIZING THE SCHOOL BOARD OF ROANORE COUNTY, VIRGINIA TO PAY THE CHAIRMAN OF THE SCHOOL BOARD ADDITIONAL COMPENSATION WHEREAS, Section 22.1-32.C of the Code of Virginia, 1950, as amended, authorizes any school board, in its discretion, to pay the chairman of the school board an additional salary not exceeding $1100 per year, upon the passage of an appropriate resolution by the governing body of the appropriate county, city or town; and, WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has been requested to adopt the appropriate resolution to accomplish this action. NOW THEREFORE, BE IT RESOLVED, By the Board of Supervisors of Roanoke County, Virginia: 1. That the School Board of Roanoke County, Virginia is hereby authorized in its discretion to pay the chairman of the school board an additional salary not exceeding $1100 per year, in accordance with the provisions of Section 22.1-32 of the Code of Virginia, 1950, as amended. 2. That this Resolution shall be in full force and effect from and after the date of its passage. 3. That the Clerk to the Board of Supervisors shall mail a certified copy of this Resolution to the Clerk to the School Board. On motion of Supervisor Kohinke to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Johnson, Nickens A COPY TESTE: .!V Mary H. A len, Clerk Roanoke County Board of Supervisors cc: File Ruth Wade, Clerk Paul M. Mahoney, Diane D. Hyatt, Reta R. Busher, to the School Board County Attorney Director, Finance Director, Management & Budget ACTION NO. ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 13, 1993 AGENDA ITEM: RESOLUTION AUTHORIZING THE SCHOOL BOARD OF ROANOKE COUNTY, VIRGINIA, TO PAY THE CHAIRMAN OF THE SCHOOL BOARD ADDITIONAL COMPENSATION COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY' This Resolution authorizes the School Board to increase the pay of the Chairman of the School Board SUMMARY OF INFORMATION: Section 22.1-32 of the State Code authorizes the school board in its discretion to pay the chairman of the school board an additional salary of $1100 per year, after passage of an appropriate resolution by the governing body of the county. This resolution accomplishes this action. FISCAL IMPACTS' At the budget work session with the School Board on April 6, 1993, it was reported that there are sufficient funds in the proposed 1993-1994 School Board budget to cover this expenditure. STAFF RECOMMENDATION: It is recommended that the Board of Supervisors favorably consider the adoption of this Resolution. Respectfully submitted, ,~~~~ , Paul M. Mahoney County Attorney 1 ,; ,~ S5 Action Approved ( ) Denied ( ) Received ( ) Referred to Motion by C:\WP51\AGENDA\GENERAL\SBSALRES.1iFS vole 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, APRIL 13, 1993 RESOLUTION AUTHORIZING THE SCHOOL BOARD OF ROANOKE COUNTY, VIRGINIA TO PAY THE CHAIRMAN OF THE SCHOOL BOARD ADDITIONAL COMPENSATION WHEREAS, Section 22.1-32.C of the Code of Virginia, 1950, as amended, authorizes any school board, in its discretion, to pay the chairman of the school board an additional salary not exceeding $1100 per year, upon the passage of an appropriate resolution by the governing body of the appropriate county, city or town; and, WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has been requested to adopt the appropriate resolution to accomplish this action. NOW THEREFORE, BE IT RESOLVED, By the Board of Supervisors of Roanoke County, Virginia: 1. That the School Board of Roanoke County, Virginia is hereby authorized in its discretion to pay the chairman of the school board an additional salary not exceeding $1100 per year, in accordance with the provisions of Section 22.1-32 of the Code of Virginia, 1950, as amended. 2. That this Resolution shall be in full force and effect from and after the date of its passage. 3. That the Clerk to the Board of Supervisors shall mail a certified copy of this Resolution to the Clerk to the School Board. C:\W P51 \AGENDA\GENERAL\,SBSALRES 1 r ~~,"+ •t~. ~ ACTION # A-41393-6.e ITEM NUMBER ~~J AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 13, 1993 SUBJECT: Acceptance of Sanitary Sewer Facilities Serving Croom Sewer Line Extension COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Developers of Croom Sewer Line Extension, E. W. Croom, Jr., have requested that Roanoke County accept the Deed conveying the sanitary sewer facilities serving the extension along with all necessary easements. The sewer facilities are installed, as shown on plans prepared by C. E. Lacy, Jr., C.L.S. entitled Croom Sewer Line Extension, dated April 27, 1992, which are on file in the County Engineering Department. The sanitary sewer facility construction meets the specifications and the plans approved by the County. FISCAL IMPACT' The value of the sanitary sewer construction is $6,600.00. RECOMMENDATION' Staff recommends that the Board of Supervisors accept the sanitary sewer facilities serving the Croom Sewer Line Extension along with all necessary easements, and authorize the County Administrator to execute a Deed for the transfer of these facilities. SUBMITTED BY: APPROVED: ~~ Cliffor g, P.E. Elmer C. Hodge Utility Director County Administrator ACTION VOTE Approved (x) Motion by: Edward G. Kohinke No Yes Absent Denied ( ) Eddy x Received ( ) Johnson x Referred Kohinke x to Minnix x Nickens x cc: File Clifford Craig, Director, Utility Arnold Covey, Director, Engi.neerina & Inspections S-lo NORTH US .'P~c~' "'/Q 2~/ \~. ~E~~ Lod ~ .. p~ ., O.3~G Acs . `7~l(nph ~= 7t :a. s ~ • ~ q, O~MF U \ MrLv ~D BE M/aOE ' Aj PcE~S~svT - . i _ 4EO PcR ~ . ~V1 .~~' ~ J~ i~:f / ~;Z• ~ ~~\y / / n~: ~J ~~ -,L'Ebl V/JOj ,g;'wl So/c Ek~sio,v C'cc~j~,rv~ .~,c PCACE STKA.J B/.'c:r' Pj/rsricR. F',c~~<'i? EAS J' S/DE' Or P[ E~7SA,ui h:%.. \ ~scOvo ME jo ~ev~Ec j- Cyi/,PC~f/ FieG',oc ~~ lyo~.i /~C/STR C/~T/O~J Of ,5ct<lE2 L F~'is C.f% WSJ- AI/rN Alii/ OrNE,2 SdGy ME.SSGF> t" Oio e„ T'ujr y0 ~cfi BE .7JE--~/EG ~CGE:,SN.Lf B~';f ~` 's~`~r~ oT ~e/w E~cis; ~,~y sws ~~iE S - ~~ MBA/E'Z HEjE,e j0 G'N/RC~ ~.`~~- ~,,`~ jO~"'~iy E~`~~cyT~ Ex/Sj/Aly G•CSTER/:L ~//rH G:O. 7b C//. .~ - _~~ ~''`dNro ~~`~\ ` JTEEL ~Us+,P,p .Gii/c ~q,; ~"~,~ ! ~ctT l4A~PKi,~ t ROANOKE COUNTY UTILITY ACCEPTANCE OF CROOM SANITARY SEWER LINE EXTENSION DEPARTMENT ~~ V' DEED ~E EgSEl~lE~lT P,NC? gSSI~l~IMERlT T~-ITC nEE~y G~EE!~ nE FQCFMF~N-~-~'' 6ENIl pSCT(;t~,I1~F[JTy made th~c 14th CiAy~ of L ~W(' n ~r ~'lcr2if?Aft°•r r$f°_•rr8!:'~ tC? ~S tk'1? .lan!~arY : 1Q~~y h~/ and he±,WGen. ~;"~'' .,r_C7!1'! ,. _ ~ ' "ne;rel~pary ~~ pa,rt.y cf the first part; the E~c~nr~n ~~ SIIPERVIcnRC nP RnANC!KE CC~!!NTY, ~~IR~IN,Iey hcroinafter referrers to ~e tha ..~nard,~~ party C?f t,ho corn~r~ part and FLtvIFR (;, I-1,(,l(1(_;Fy f'{~!_~nty ~rlmi~ict,r~t,nr of Rn~nnkc {;n,~ntyy ~/TRf;I(~TAy [i~rt,y nf' t„F~p third part, , w I T N E S S E T N, TynT FnR qN~1 TN nnNCrnERATI~N ^f the mi;t:;al hencfitc t.n aC'rrl,P_.y the flc~~eln~cr dnoc hcrohy (;(?ANTy {'!'1(~J\fFVy ecSlrni eNn TRANSFER, ~lith th°_• C^"enan~,c of GENERAL ~ARRANTV (1G TTTLFy i~ foc cimnlp t~~t,n the Rn~rri alb ~at.or ar1~j~/nr ccwor ~inpcy ;ia~yccy fittingcy jatcralSy vn~nartinr~cy ctnr~nc fa~i~iticc cni_;rrag of y~~tcr cR~rar~ly ni~mnc ma~hr}lcc anrs R!l)~ ~nri a~~ nthcr ort!;i~mcrt, and app4;r#,c~ar~rcc . r r- ~ ~ r_ . r. _ y _ _ -. _ _ _ - t~'1°_•re!_!^t(~ 1!? a!?!'~ tC? t.~'?e !~!a~cr anri/r~r ccwor SyStal7'~ lC? t~'lc ctroQtcy a~1Qni_;oS ~!! p:;!~llc ~dt1~1t•}~y WatQr ~nrj/nr ccwor pacorr!cnt arcac that ha;'e k?°•°C! Cyr may' hereafter he irctal~erl r'y thP_. Iloy;olnnory alnr~n l•Jltf"1 the right t,n pornati;ally !;co AC!C~ r~rr,i;ny the oacorpcnt,S i!1 ri~;~'?l~h the car~c may he ~nrsatody ~~~ of Wh~Ch 1~ mnrc part~c.;~ar1}~ sh^:'!!~ and C~°•si~rihc-C'~ aClCj C~oci~n~tc•Cj ~S fn?~Q~:Sy tQ ;~:lt. Ac chr~y,,r~ pn the nlan ent.it~ad f;rn{~![! Se~!er Extersi^!? dated A~?ri~ 27 y 1992 made try ~ F Lacy , .! r G. I . S ,and on f i 1 e i r the Rnannke Gn!~rty Er!g~^eering D?partmPnt, Page 1 of 3 .,, 5-~ Tho fte;iclr~~cr rincc hcrel~ji rn~i2nc'',nt. ?nr! :~?grant. th?t it 4;ill t?a rpS~nn~ihla fnr t,hc ~rn~cr ?nStall?t?^n anc+: rnnctr~;ti^t,?~?n of t,ho ca?d !`;?tE'•r anti~Or cpwcr S,'StemB 1 nC l i;r~ i n~ rana i r of et1 rf aCe ? r°•? S ~f f P_.~t.Q!j l'?y S?t,t, ~ cmcnt. of 1;~. i ~ l t.`! tren~he5 fC!r a per?nd of nno (j~ vcar aft,cr ~at,o of arrP.[?t.r~nCso ~;J the Rnarc_i ?nd y~?11 norfnrm any r~crcccary rcnpjrc at itc rr~St, ~- - - - r- -' - -= - - Flm°_-r ~'. Nnr-I~a~ ('n:;n,t•y .d~m?nl:St.r~tfi[' O~F Rnannkc ('mint.;!; U?rte?n?~, i??r~~i nf' t,ho t,hirri Hart,. harch~~i ~nir~c in the cYar~_~t,inn n~f thic inct,rti{r~cnt to cir~n?fy the ?CC•°_•^t~nCP_. !?f 't.h?S CC_?n~ic~ ar~rp n{~rci_iant t_n Rccn?iit,i~n N~?, f_,. _ __- ._ . t~-!in[~t,cri by t.ha E2n~r~j {~f Ci~nor~jicnrc of F?nannkc (ntint,v_ \lirninia, na~~cl nnc r: ~y: ~y: P,s : ~ ~ ~~ d ~-c1 ~ ~~; State ~f: ~/'~ ~n1r.4-.- .~!a~lnt. ~(:•~.$~f-r?f: ~cA~c ~t~ , t•^ bllt: 'Thc fnrennin~ ~lacrl Wac auknn~~lcri~c~i f}cfC~r°- me thic- J'= /5~, clay n-f_ _ _ f„•°~ -- - - 1Q- ~~ , gy: Ezx~,4e (,J. C~z~~,.n.Ge.a.ic+,ne_ _~ `}~~w ut.v~~r5 n!!ly a~;thnrized ~ffic:er Title nn behalf of .~ Nntary P.~~alic My Cnmmissinn expires: Diu! ~C~ , I~g r~ pale ? ~f ~ WTTNFSC 'j'I-I~ F(ll I IIL~(T(J(; ci~nat,i_~rcS ~nrl coalc; l ,~ S-b approved as to form: Co.anty At.t.orney State of; ~ollnty/~1ty of; ~y t.o wit: The fore~oina deed was aokno;.,~Ad~ad before rye this: day of s 1 g ~,y G1^~er C. !-!nag°, ~o:;nty A,c!mini~tr~tnr, ^n k?°_•h,E+,~f of the Rn~r~ of Ciinor~iicnrc of Roan^k.e f'ot!nty, Virginia, Notary P.;hliC My commission expires: Revised 10/16!Q~ Page ~ of C!?Unty :4dminiStr3t,nr of ~?oannke ~o!~nty; l~irQinia ~~lllcr (;~ I-In{~na ACTION NO. ITEM NUMBER ~ ~* AT A RE GIN A HELDIAT THE TROANOKE COUNTY ADM NI TRATIONRCENTER COUNTY, VIR MEETING DATE: April 13, 1993 AGENDA ITEM• Request for Approval of a Raffle Permit from the Children's House of Roanoke, Inc. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Children's House of Roanoke, Inc. has requested a permit to hold a raffle in Roanoke County on May 31, 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 fo~ Ve ffle Permit from The Children's House of Roanoke, Inc. be app SUBMITTED BY: APPROVED BY: Mary H. Allen Elmer C. Hodge Clerk to the Board County Administrator --------------------- ___________________ ACTION VOTE No Yes Abs Approved ( ) Motion by: Edd Denied ( ) y Received ( ) Johnson Referred ( ) Kohinke To ( ) Minnix Nickens .L-~ J. B. GORIA COMMERCIAL REAL ESTATE 4502 Starkey Road, S. W. Roanoke, Virginia 24014 P. O. Box 20269 (703) 989-4140 Roanoke> Virginia 24018 March 30, 1993 H. Odell "Fuzzy" Minnix, Chairman Roanoke County Board of Supervisors P. 0. Box 29800 Roanoke, VA 24018 Dear Chairman Minnix, I am requesting a hearing before you and the Board of Supervisors at your next meeting on April 13, 1993 at 3:00 p.m. The purpose of this request is to make you aware of a problem I am having in securing permanent occupancy permits for tenants in two (2) buildings I own in Roanoke County. These tenants are located in the 419 Office Center Building and Promenade Park Shopping Center. Even though both of these buildings are connected to the County sewer system, Mr. Fronk of the County Utility Department is holding up issuance of permanent occupancy permits on the grounds that all commerical users applying for building permits are required to install sampling manholes. I have been advised that Mr. Fronk is misinterpreting the meaning and intent of the County code and I am seeking the Board's review to resolve this matter. Sincerely, ,~'`~/ ~Y~~B . G o r i a JBG/bh COMMERCIAL & INDUSTRIAL SALES EXCHANGES LEASING & DEVELOPMENT n"1- ~ COUNTY OF ROANOKE, VIRGINIA GENERAL FUND UNAPPROPRIATED BALANCE Beginning Balance at July 1, 1992 (Audited) August 12, 1992 Dixie Caverns Sept. 8, 1992 Cable TV budget October 13, 1992 Bloodborne Pathogens Standards October 27, 1992 Computer Upgrade December 1, 1992 Hepatitis B Vaccine ~ of General Amount Fund Expenditures $5,419,414 7.51 (100,000) (21,149) (33,800) (126,281) Volunteers (36,840) January 12, 1993 Hollins Rescue Squad (15,285) January 26, 1993 Rutrough Road Improvements (350,000) Balance as of April 13, 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). /1'l- ~ COUNTY OF ROANORE, VIRGINIA CAPITAL FUND UNAPPROPRIATED BALANCE Beginning Balance at July 1, 1992 $ 24,705 (Audited) Addition to Capital Reserve from 114,760 original 1992-1993 budget July 14, 1992 Lighting of Green Hill Park Ball (15,000) Fields October 13, 1992 Repair ladder truck at Cave Spring (18,001) Fire Station Balance as of April 13, 1993 $ 105,464 Submitted by Diane D. Hyatt Director of Finance /y1- 3 COUNTY OF ROANORE, VIRGINIA RESERVE FOR BOARD CONTINGENCY ,7uly 14, 1992 July 28, 1992 August 12, 1992 September 8, 1992 September 22, 1992 October 13, 1992 October 27, 1992 Beginning Balance at July 1, 1992 Information Program for Bond Referendum Roanoke Regional Housing Strategy Outside Legal Assistance Grumman Litigation Grumman Litigation Space Study Grumman Litigation December 1, 1992 Grumman Litigation December 15, 1992 Grumman Litigation February 9, 1993 Incentive Fund to Cleanup Illegal Dumps Balance as of April 13, 1993 Submitted by $ 50,000 (18,250) (2,000) (10,000) (229) (869) (5,000) (941) (289) (844) (10,000) $ 1,578 Diane D. Hyatt Director of Finance M ... ~ O O O \ O ~ O O W W CD 1- Q Q a ^ N d C M N m > \ 0 Q~ .- ~ tY M _ ~ ~ ~•+ M T N O - 7 ~ i+ W U F- Q Q CI i ~ C lL ~ ~0 O ~ ~ 0i Q r N I Z ti N F- •UtZ W O E 0. O J G •+ U C U) y .+ E LL d r c. N 0 N v C 7 CL N L d C d U 0 Ct CI W LL d 7 C 4- W O d N O I- N r m V W N .~ N d L C O f- >- .C C O S I I I I q 1 U I J I I Q 1 I 7 t 1 I 1 Mgt d~ NR od --M MCA M.- _ o~ ^ O° Mo NN Nd NM od os7• +nd dTl' o^ N N M o } °1"~ ott 111N Nm Fo+ It1d .uN Md ooy U}d tiM t` I!1 .!1 N h- G+ OD N d N N !n N .•- M o N C N C N o Q• •- V W 0+ N G0 In O+ .- 1 1 1 1 1 i 1 No U}N opM ll1N ToD O~ }MN oo ^d .-. U~ Oo Jd~ ~U1 V'N U1O 7~ h-N f`G~ NG~ .•.M O. 07 Mr- i.-d ~t N ~ G~ M' m o~ '^ o ~ d M M o ' o •, ^o MN dT JlliM V 111 Ui NN JNN d '0.0' ~tlt c~ `111 ' mM ^ Op^ N d Joh- Ifl N c h- o ~ N 0) CU o) .•... ~ UI OD N R O N .- st O W 7 UI M N o~ O+ M P~ d M N o+ V N .•. d O• N o _ _ _ M o J OD M N U~ ^^ If~h- O~ tl1MQONN 1`•t11 7 V o~ oN ).-N r-c+ ^~• QID ^ oo In v U1N 'off 100 `W m Md `W N ,dM ~ V' Nd dM ~NM~N ^ lntn JN~'I{~~'o~ J~~ '~~ ~~ J .p `N N I ^ I ~ I^ M N ^~ NU} oo ~(n R ^ d o h N 00 d c+ tb •~ ~ N d .- N N o } N N N 00 N -- •~ M W N d M ••. ••-. ~ •~ d N ~ N .... y. d ~Ul JNd '~~ `Ulo ^ W Jd V' J V ~M • ~ l71 nJ M .- M ei ` v `~ ~ ~ N M ~ f~J J 0 0 0 0 0 0 0 0 0 0 0 0 00 00 00 00 00 00 00 00 00 47o O V 1~N Oo Oo 00 o NO ~^O Mo p~1.. U1 00 00 oln~No o^ ^~ 0 0 ` o o m o o ` o o '~~ j~ c ~ .. UI o lJl c~ m o ` o ° Ui L11 ` .••. N } N o ` v o0 ~ o .•-. ' Op W II~}M 71f1 MN N W ^N 1MM CU1~J oN~NM o~p^ ~poj I . . _ d . 0 7 O) N 0 G~ N V In lli Q' ~ o} of Lft to ~ ~ M M N N d N O) d OJ In (,} ao o) d d R c7• N N V ~' N N O (` 0 G~ N V' 6J CU d C~J ~i d N L ~ W N O o. o, ~ a a L r n. m~ E rov Ci •.~ ~' N ~ U •.a N 3 o Ut O tl i ~ C C U rp N~ •- d x x r N x .y x N UI O S ~ .,• ~ d ~ N > W N V y .,, N~ ~ ~ C O O N LL N L O (A E '~ L ~ ' N >. ~ L N ~ O' E LL d y 3 ~ N ti Q 7 ~ O U LL C Q U ^ U? p rc L C 7 • . UI J U ~ LL p~ ,. N ti ,,,,~ ~, ti N .. O ~-. C L L .. ~ r b~ N O S J] L 1~ .••~ N +• U U ^ O . . 'b J •^~ d N O .~ ip O O ~ c L I 7 O. ~ •+ N IL •.~ ,D ~ O Z L L ~~ = '•' V N d L •.. 7 J= O O . N V I (I V U L ~ a N -C. J L •~' pC ' y O L Etti C W V~ U" yL„ k 1' ry p U L IL U) N p U C W O ~' IL .r .a N C > O W 1 UU C ~ L 0. N ~ U U~eW Nib F+ C Y I ~ •~ ~ Q J H J C ~ C E d ip O N N p N U7 L i+ ~ d U) N U lL ~ Q O F- ~ O' UI q+ a' N E J C N • ~ L 10 ~ .•~ N } ip .x b I!t C ~ 1 O 9 L k- ~T a' d IY > U I- O y 1] C a . C N O W *+ x W Gi N x E U •.. C N L Gi ry ~pp Cr Gi ~ > C N ~0 L N L L L E N O 1 ~ Qi µ. Ci W F :d Ci N O 7 O N O N C N~ W .-~ l' . . ~ ~ ro Y' V C L •~. L L p as U00 LF- SF QJQ. . -C d~+ N O W++ N~+~+ LLUdLL~ UQ:LNZ 30 Z ^ h} 7 ^ ..• N NN V lJ1 N 45 111 0 .- W ~ 00 1I3~ Oo~`~o~ Q ~ ' 4 0 0 0 0 NN 0 0 NN 0 0 MMM 0 o MMMM V• , 7M"~N ~ !rl L!I Ill d d d N ~) W(~ u p p °C' o0 00 00 00 - „_ 4 1 - ., , 1 ~ - - ,~, ,. ,. ;,; f ! 0 ~ ~ ~ ~_~_._ . I:1 c~ 0 0 o ~ 0 7 0 0 W W C7 F- d d a ^ N C O +• ro L d 0 L dM dm V M C ro M 0 .a 1fl W a r- U d C ^ ro LLB a 0 E O 7 W '' U d 'i C W I ._ N 1- O W Z L O 7 S Y C •~+ J 7 V d O C V Q~ fn d~ x lL w a+ ~ o O w .r 7 'O v L U Vj 2 i b a G 7 LL b L d G v V' 0 O z lL I V I c a o I d E t+ I d 7 N I x U U I wcrovl w 7 1 ^ N CG I F W ro I 1• I I d I L d I N U I C I E ro I 7 ~••~ 1 U ro I C Oq 1 Qi I c II N ~ d 1 ' L 1 7 E 1 *+ J I •~+ U ^ 1 t1 C I- 1 C >- 1 d I d I x 1 W 1 ~ N C U 1 •. C I ro I G L I ro a I E I N 7 I U 1 7 C I W I N d 1 L I T 7 I a I ~~ I V 1 C C I o a I dl x 1 W I I N I d I ~ I ~ I 7 I ^ I 1 1 1 7 l!1 7 t7 1 'i of to In 1 0 to l11 M 7 0 0 9(• iE W J f- F- ^ W Z .U•. (~) d I Z 7 ;F 0 0 O~ 7 ~~ N ~ ~ t` 7 N G+ 7 .-• O+ .- o .- ~ -o - ~ 7 t~ M o .O N ', lit 0~ ~ ', N - W M ~- OD M F~ M 7 ~•• M ~ o N 0 w^ 1 o M o ap U1 7 N u) c. co M M N 7 a0 r J~ fig OJ o - ap 7 o M N ~~ to * r ro W L J 1+ N F UI .~ c ro r •N •A E U ^ V •.+ w dw Z V- M ~•+ O ro !n ~b u) u d C U 1 ro L z c ro •~+ p d lL tll ii > iF .~ W .a ro o ro -+ L o ro O o N L r o .+ y U t~ C N d d .r V' W 0 0 N M 0 0 7 7 m t- N o N M ll1 N o 0 N M v, ~+ 7 c+ 7 0] o N M N 7 0+ u G+ M F ~~ r 0p ~ U1 7 7 G+ l11 N o - M c+ N ~J M o N F 7 Vt M ^ o o N W aD U1 0 o M o 0 ~ M r- VI ~ ) N N M N N 7 M O~ OD N .O t+ 7 M v, ^ o 0 ~O ~- U1 F ~O o o M .a .-. E v c d C C l Q~ E C L >~ ~ 6i N G > C O L U' O ~. .+ ~ ro .o d N •~ c L UI U d d L d •~+ E C .Yi C V d d ~ 7 l C'J ro ti L d 3 C 0 3 0 o U1 C E o G O •~+ CU o L E ~+ o E U 7 O O ••+ ~ U 0 111 N (V N N 0 0 ~r~7 IMv~ I N I ~ •ODN I l~ o P ~ 1 7 7 I o F I r• N I lP In I ~' ~ 1~ V, 171!1 ,~ ' W M • M oP N iNO7 I o 0 •L11N • N M I O N N to U) • M o ~~ra . ~ I G+ G~ N -- I N o .- t~ I m o 7 O+ i G~ lfl OO M i N N C 0 Y C d i ^ d ~ 7 W I U a N C I d O ~ ~ ..~ N W U N ~ d L ~ L O I lL U 0 0 N M x M M 0 0 m, -u' l11 v' ~ Jf~- c+ NO+ ~ M o o ~ N 7 0 - U1 M o r• O 7 .- - 7 m a~ .~ t- o t`- t~ )o t0 NnD I 7N -o W 111M o o moo) ~ •- N lfl o N 7 aD Ill N ~+ N N r V~ V) ~ to J o 111 M 7 ~ J 111 M J !~ m U1 c+ M .o J o~ m > !~ M M N N ~- J It1 N o+ to •- o o to )a0 G~ ~If16+ ~M 7 -M7 r 7 ~ M o M J O • 7 (~ to ~ 7 07 1 U o .- c+ r- 1 N llt ~ - o rn to -- I~ c~ M 0.t N N ~ N 7 N o ~ ~ o J 00 G+ 4~ ~ W N O+ 1 ~ N V) M N lil G~ • N 7 1 111 ~ ~ N l!1 W OJ l11 l11 7 N • N N o) ~••• ~ N M o )U 7L7 M 'V W'- 1 N ~ ~ c6 -U5 M `U1 d o ~ o l11 M o -- U -- NiU J~ GIN E L E C O 7 U O 1 L L V +~ W N ro u T L N •~ a U N a d N ~ 4- C L O d ro •.+ V O N E -+ UI UI U ro v •~ a - c u d ro 7 x u u N ro .~ N Da d •.. .~ t L C ~+ O O > ~+ ++ N N ro U dG~ U LL ~ U•~+ C 7 N V C E d ro ro C UI O 0. 1~ C ro L ~ ~ 21* t NQ O ro C d ~•-~ o C 7 ~ O 1 ~-+ r N d m N C N N ro U L pp ••+ 4' ro ~ U •~ U + L • + v ~ ~ ~ ~ N •~+ U L C C d a IA fU !n N rp C ro d N 7 7 7 C :c+ ¢ Ew ~ £ u)a II IN o No( f1o o l1oU1 J 1 M 7 7 7 7 V l11 111 } > o 0 0 0 0 0 0 0 0 o b I i I I _ .. I i i i_ I - I ~ ~ ~ I O \ O Q O O .el l i i l l l l l l I I ! I 4l C O r ro L a 0 L d M a c+ ~ M Icy rroM 0 n m w . v l- ru¢ ~cp ro • LlL r a O E 1 7 U) :Ud Ir_ 1 w I . _ • N E- rNZ L O 7 ~ ~, -~ J I ~ E r C U 1 W U? o. ~••~ x tL w a.. o O d 7 •O v L U U7 . U C 7 lL .r ro L d C d C7 0 I I I ' I {; p +~' I [- p O Z 4 ~ I v I w V 1 C .~ O I d E r I a~ v I x U U I W C m L l W 7 I O N m I F W m I }- I I N I L v I W U I C I E ro I '+ I u ro I C m I v I C 1 N v 1 L I 7 E I r 7 I .• u p 1 U C F- I G N I d I a I x I w I ~ v c u 1 ~+ C I rol C L I ronl E I N 7 I U I 7 C I W I UI d I L I T 7 1 r I ~ 1 U 1 C C I o v 1 al x 1 W I I r I d I U 1 V 1 7 I [7 1 i I <S• M M M M !~- V• to N I ~ V' h N In R ~ ~ ~ N M ~ N o t0 N V' N N M V' N N N o o+ v N .D N o M 7 M m Lfl J~ N W N N lA v N C 0 m v ~ L ro C O- ro ~ QI L 3 .y N ~•+ d L M ~ ry C > m Qr L N > v = ro = O 0 .L m ll1 r ti O 7 V 0 0 N i In 7 1 Vl 1 0 .- aD o to o N o l- ~- .o o N .O N o u N N o cp (l1 0 o .- o M N o .- N If1 N N M o N V' to 0 oN U1o of `t[1N N o d' N o c~ ~D .- r .o In N . U1 -- N ~c c. o .- M o N -- In .O N 7 N N -- ~ 111 M o N o to o N V' !n 0 M ~ ` 111 N N N ~ M m •M E C 7 m rn I L Lo 0 v m •~ L > L N d r C C U7 C O d •-~ E O E ++ r L m U d N •~+ L O C L U O C d W !Y r C 7 ••+ W >,ma ro L •~+ L N ro ~ L 7 .ac L r r L .fl N C ~--~ ro•~ao~ d J U U O O O O ~- M lfl ~ N N N N 0 0 0 0 u c+~ N V• G~ N v N ~ o lJl M M N 0.~ In M ` M u ~ N 0 V' N o N o N lh o c~ N o N -- J N N F CJ r` N ~O M M Ul 0.~ C r>1 c m N N N M .~ N M G+ ~n o ~- M In G~ M O+ ` !n N lr~ o+ ~ M N U E ro .tl L rn c o o L •~ tL r m C f v o r [ L ..+ C U N v v lT C E r ~ c v a ~ ++ O t C x N O W d [ -Y > l L O~ dr L m ~ p r d [ f~ ++ U O C m .. o ~ L E t N C d O o C 11 C ro O O O U U W O l11 ~- C~J N K b) O) N 0 0 ~t~o i u o ~N ~O o ~ I 'V CU 0 I Iln ~J I O V' N I o ~N ~~ I o r c ro L c~ r c c ro o L •.+ i L9 r U to v I v r u o L L 7 a L O I N L v di I ~ r ro U 3 I L U ~ O C r 7 I N O I •.+ L . 2 C7 O .- ln W ~ N N 0 0 0 M V' M !n N nJ 0 0 c, N N W M r` N ~} N M 0 M M r c v a 0 v d p T I I, G ~ II E it O L U o II o N I 0 I N G~ N N 1 o N 'V N I O+ o • ~ N 1 r- N oD v' lolly i o v •~tn 1 N N ~ n~ 1 ~•- N N V' m to to 'Nlfl I O~ N ~-• N • fU 0 loth 1 o N 1 0 0 In P IN[~ 'M a [ 7 [ C r ro ~ °~' U { ti 0. V 1 C .ro [ r J [ r N N I{• C 7 4 r L O I v d > c . ro ro rU~,- II[ I d d G L x N ~~ ' .. •.~ r I O ~ ~ In lrl --iJ~ ~ O' G ~ o 0 o 0 0 0 0 0 o 0 0 0 0 0 . ~' I I I goo ~~ o•N ~~o No i~-7 goo MN lflM '?L[y `NN o0 o L[1 In N CJ N ~ M d• o O+ N o t-- v o to M Iri ~ ~ o Ift CL"~ M M 0 M i 0 M 0 ~ V N goo c+~ ~vo No ~ o M N ~ • o N I V' r- lTl fJ -- N C' L L O I L I [ d ~o m I• v c to L O I ~ 7 v E ~+ U ~ E C C > 0 o c v m v U r v U ti U ~•+ C L C ro N r d ~r••+x ro00 v CI- I L 7 ~-+ U 7 I o rov o~ ~a~vmv>u I ~ ~ {-+ r L V J] U >,m Nd m N m U U L N C L T ~ .-. U N v d f+ L~ m L S O ~9 O m i C v 7 C L C r C In •.+ aL c o 3 E r d rL W l7. 0. .+ C m > ~ I Or d d O C C M d K Ci U ~ CC llyo o0J '1 U1~ I M V lr~ In ~ N V7 ~mc+ cam cc~ o 0 0 0 0 0 to i !n o+ u N lP Ui N N 1 N 0 U N o p+ O+ ~ M 0 N UI .~ N N 0 N f~ m r 7 C D Q~ E N r L L d ro CL N y r_ p m I L C O Z b G o 0 1~ G+ L o v C c> ~~ ~ I'l i M L!1 0 0 o \ o v 0 0 W W C9 F- Q n. o 'p 1 1 0 C .D I c W E ++ 1 Q 7 W I x U U I J W C L I W 7 I A OG I I- W D 1 N I N I I N N ~ _ p U I G` GJ W ... C 1 ~, ro I ? N C ro .+ I v ao ~ .,, ro I m b' m , + v a c p I N L a r~ a dm d I m ¢ \ L 1 v' ~ 1 ~ V M ~' I I C\ ++ D I o . ro M ~ N 1 ~ o L N I M a 1 nmw a 1 N Ot F- x I Nl U Q W 1 ECG d ro U I M . ~„lL C I ~ uao ro 1 e E ~- 1 7 to d 1 ~ U ¢ E 1 '_ 0 G ~ I In W i U I C I . S W t - N F- ~ W Z N L O d I O+ >,7E L 1 N ~. 7 1 ~' JVQ •• J C (~ V I o ~ d (A C 1 '~ a ., d 1 - x W d I o W x I ~ W y.. o p 1 N N lP 1 m m o0 d U ~+ 1 m ~' `D C d I 7 7 U I 7 ~6 '~ ~ W ~ I 7 7 N ' y 7 1 ~- f'1 d' L . -. to I U ~p I N N (n L I 7 OD Ci C d C9 7 O r 7 N O o L ~- d N 0. L N d C 0. ro N L G ~ 7 1- ro L v ~- C J ~ o 4- .~ F- ro c+ o L o F- C A ., Z Q Z u C9 ~ ~' LL, o -~ ~ ~ ~ ~ i-J PROCLAMATION HONORING TIIO BARBER FOR HIS OUTSTANDING ATHLETIC PERFORMANCE AT NATIONAL HIGH SCHOOL INDOOR TRACKAND FIELD CHAMPIONSHIPS WHEREAS, Tikl Barber is a student at Cave Spring Hlgh School In Roanoke County, Virginia; and WHEREAS, Tikf has demonstrated his outstanding athletic ability throughout the recent track and field season; and WHEREAS, Tiki recently competed in the National High School Indoor Track and Field Championships in Syracuse, New York, in March, 1993, and placed second in the Long Jump category; and WHEREAS, Tiki's jump, 24' 9", was his personal best, and placed him second this year among all U.S. high school students; and WHEREAS, his performance at a national event indicates his dedication to his sport, and the training and discipline that are necessary to achieve the level of skill necessary for national competition. NOW, THEREFORE, 1, H. Odell "Fuzzy" Minnix, Chairman of the Roanoke County Board of Supervisors, do hereby issue this Proclamation honoring TIKI BARBER for his outstanding athletic performance during the recent national competition and wish him success in his future athletic endeavors. IN WITNESS WHEREOF, 1 have hereunto set my hand and caused the seal of the County of Roanoke, Virginia to be affixed this 26th day of March, 1993. H. Odell 'Fuzzy' Minnix, cna-rman ATTEST: Mary H. Allen, Clerk /n-5 PROCLAMATION HONORING EMILY RAMS FOR HER OUTSTANDING ATHLETIC PERFORMANCE AT NATIONAL HIGH SCHOOL INDOOR TRACKAND FIELD CHAMPIONSHIPS WHEREAS, Emily Rakes is a student at Cave Spring High School in Roanoke County, Virginia; and WHEREAS, Emily has demonstrated her outstanding athletic ability Throughout the recent track and field season; and WHEREAS, Emily recently competed in the National High School Indoor Track and Field Championships in Syracuse, New York, !n March, 1993; and WHEREAS, Emily placed seventh in the High Jump category with a 5' 3" jump; WHEREAS, her pertormance at a national event indicates her dedication to her sport, and the training and discipline that are necessary to achieve the level of skill necessary for national competition. NOW, THEREFORE, 1, H. Odell "Fuzzy" Minnix, Chairman of the Roanoke County Board of Supervisors, do hereby issue this Proclamation honoring EMILY her outstanding athletic performance during the recent national competition and wish her success in her future athletic endeavors. IIN WITNESS WHEREOF, /have hereunto set my hand and caused the seal of the County of Roanoke, Virginia to be affixed this 26th day of March, 1993. H. Odell "Fuzzy" Minnix, Chairman ATTEST: Mary H. Allen, Clerk PROCLAMATION HONORING THE CAVE SPRING HIGH SCHOOL 4 x 200 RELAY TEAM FOR OUTSTANDING ATHLETIC PERFORMANCE WHEREAS, the Cave Spring High School 4 x 200 relay team had an outstanding year during the 1992-93 season; and WHEREAS, the relay team competed in the National High School Indoor Track and Field Championships in Syracuse, New York, in March, 1993; and WHEREAS, the members of the team are Chris Vaughn, Travis Manning, Ronde Barber and Tikl Barber; and WHEREAS, the Team placed fourth in the meet, and distinguished themselves by demonstrating excellent athletic ability and good sportsmanship. NOW, THEREFORE, 1, H. Odell "Fuzzy" Minnix, Chairman of the Roanoke County Board of Supervisors, do hereby issue this Proclamation honoring the CAVE SPRING HIGH SCHOOL 4 x 200 RELAY TEAM for their outstanding achievements during the past season, and at the recent national competition. IN WITNESS WHEREOF, 1 have hereunto set my hand and caused the seal of the County of Roanoke, Virginia to be affixed this 26th day of March, 1993. H. Odell "Fuzzy' Minnix, Chairman ATTEST: Mary H. Allen, Clerk PROCLAMATION HONORING RONDE BARBER FOR WINNING THE 55 METER HIGH HURDLE T-TLE AT NATIONAL HIGH SCHOOL INDOOR TRACKAND FIELD CHAMPIONSHIPS WHEREAS, Ronde Barber is a student at Cave Spring High School In Roanoke County, Virginia; and WHEREAS, Ronde has demonstrated h(s outstanding athletic ability throughout the recent track and field season; and WHEREAS, Ronde recently competed in the National Hlgh School Indoor Track and Field Championships in Syracuse, New York, in March, 1993, and placed first in the 55 Meter High Hurdle category; and WHEREAS, Ronde's time in the event, 7.19 seconds, was the fourth fastest in U.S. High School Competition history; and WHEREAS, his performance at a national event indicates his dedication to his sport, and the training and discipline that a-e necessary to achieve the level of skill necessary for national competition. NOW, THEREFORE, 1, H. Odell "Fuzzy" Minnix, Chairman of the Roanoke County Board of Supervisors, do hereby issue this Proclamation honoring RONDE BARBER for winning the 55 Meter High Hurdle Title at the recent national competition and wish him success in his future athletic endeavors. IN WITNESS WHEREOF, 1 have hereunto set my hand and caused the seal of the County of Roanoke, Virginia to be affixed this 26th day of March, 1993. H. Odell "Fuzzy' Minnix, Chairman ATTEST: YI2~ ~- Q.c.t~J Mary H. Allen, Clerk ama~ ' ~~ to ~ ~ PROCLAMATION DECLARING THE WEEK OF APRIL 18 - 24, 1993 ,~- AS NATIONAL VOLUNTEER WEEK WHERFJIS, the foundation of a humane and/ust society is the people's willingness to work together for the common good; and WHEREAS, experience teaches us that government by itself cannot solve a-I of our nation's social problems; and WHEREAS, our country's volunteer force of 94.2 million people is our greatest treasure; and WHEREAS, onty seH-sacrHicing individuals mobilized to help others can stem the tide of poverty, hunger, homelessness, spouse and child abuse, and other problems that afflict society; and WHEREAS, the giving of oneseH In service to another empowers the giver and the recipient; and WHEREAS, volunteering creates an opportunity to better oneseH; and WHERF4S, fl Is the duty of all our citizens to honor our dedicated volunteers and celebrate the voluntee- programs which contribute to the life of our communities through Roanoke County, Virginia. NOW, THEREFORE, 1, H. Odell 'Fuzzy' Minnlx, Chairman of the Board of Supervisors of Roanoke County, Virginia, do hereby proclaim the week of Ap-i118 - 24, 1993, as NATK)NAL VOLUNTEER WEEK in Roanoke County, Virginia, and urge my fellow citizens to observe this period by considering how they can devote a portion of their lives each week to people in need, or an Important cause or group. ~~ ~. H. Odell 'Fu M ,Chairman i ATTEST: ~'Y~ah.~-. yd. QG.L-e.s~/ Mary H. Allen, Clerk rn_5 PROCLAMATION DECLARING THE WEEK OF APRIL 25 -MAY 1, 1993 AS NATIONAL VICTIM RIGHTS WEEK PEOPLE AGAINST IMPAIRED DRNERS (P.A.I.D) are In a campaign to increase public awareness of the high number of deaths and serious injuries among our cltlzens; and sixiy-six people per day die from the results of alcohol related automobile crashes and 960 persons are serlousty Injured, and $31,000 per minute Is paid out In claims by insurance companies; and drivfng after becoming voluntarily impaired by alcohol or drugs fs the cause of 539'0 of deaths from alcohol related crashes; and lt is critical that we focus attention to the rights of the victims and educate all citizens to prevent such alcohol related automobile crashes. NOW, THEREFORE, 1, H. Odeil'Fuzzy' Mlnnix, Chairman of the Board of Supervisors of Roanoke County, Virginia, do hereby proclaim the week of Apr1125 1993, as VICTIM RIGHTS WEEK In Roanoke County, Virginia, and call upon all citizens to join with me in supporting the aims, goals, and programs of PEOPLE AGAINST IMPAIRED DRNERS for the benefit of the citizens of the Commonwealth H. Odell 'Fuzzy" Minnbc, Chairman ATTEST: -_~r~~-~. ~d - G'~e-~~.~ Mary H. Allen, Clerk ACTION N0. ITEM NUMBER""`" AT A REGULAR MEETING OF TfiE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT 'I'FiE ROANOKE COUNTY ADMINISTRATION CEN'T'ER MEETING DA'L'E: April 13, 1993 AGENDA ITEMS: Statement of the Treasurer's Accountability per Investments and Portfolio Policy, as of March 31, 1993. CO[J[~TI'Y ADMINISTRATOR' S CONll~~]TS : SUMMARY OF INFORMATON: CERTIFICATE OF DEPOSITS: SoUTHVaES'r VIRGINIA SAVINGS & TIJALV 100,000.00 COMMERICAL PAPER: CRAIGIE 897,742.50 NATIONS BANK 997,682.50 iaH.EAT 1S'r 997,588.89 I,ocAL Gov' T INVEST'MEN'T POOL NATIONS BANK 8,017,757.94 REPURCHASE AGREEMENT: CENTRAL FIDELI'T'Y BANK 1,015,798.55 FIRST' VIRGINIA 4,383,000.00 SIGNET BANK 1,600,404.61 SAVINGS: NATIONS BANK 1,181.19 DOMINION BANK 4,937.03 --------------- ,~,~ 18,016,093.21 STAFF RECOMMENDATION: Respec. ully Sub ted by Approv by: ---------------- --- fred C. An erson Elmer C. Hodge County Treasurer County Administrator ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Eddy - - - Received ( ) _ Johnson - - - Referred ( ) Kohnike - - - To ( ) Minnix - - - Nickens ACTION NO. ITEM NO. '~°` AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 13, 1993 AGENDA ITEM: Work Session on Draft Ordinance to Enforce the Prohibition on Illegal Infiltration and Inflow COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUNIIKARY This is a work session on a proposed ordinance to enforce the County Code prohibition on illegal infiltration and inflow. BACKGROUND• As a result of numerous citizen complaints about raw sewage flooding basements in homes in the lower elevations of the Penn Forest neighborhood, County Utility staff has attempted to identify and alleviate these problems. One component of this utility program involves a vigorous enforcement approach to eliminating infiltration and inflow from private property. SUMMARY OF INFORMATION: Staff previously discussed with the Board several enforcement options. Based upon Board comments and direction staff has drafted a proposed ordinance to address this problem. The attached ordinance incorporates many of these Board concerns. This ordinance provides for a graduated level of eforcement response based upon the amount of infiltration and inflow into the public sewer system from private property. The private property owner is given notice and an opportunity to correct the problem. If the corrective measures are not taken within 6 months, then a monthly surcharge is billed to the owner. Then if the monthly surcharge is not paid when due or if the corrective measures not taken, then sewer service shall be terminated. The draft ordinance provides for a review procedure by the Utility Director, as well as an appeal procedure with the County Administrator, then the Board. 1 n-- STAFF RECOMMENDATION: Staff recommends that the Board review this draft ordinance and provide staff with further guidance during the work session. If the Board approves, then this ordinance could be placed upon your agenda for first reading consideration at your April 27, 1993 meeting. Respectfully submitted, ~~Paul M. Mahoney County Attorney Action Approved ( ) Denied ( ) Received ( ) Referred to Motion by Eddy Johnson Kohinke Nickens Minnix Vote No Yes Abs 2 n-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, ORDINANCE ESTABLISHING A PROCEDURE TO ENFORCE THE PROHIBITED DISCHARGE OF STORMWATER, SURFACE WATER, GROUNDWATER, ROOF RUNOFF OR SUBSURFACE DRAINAGE INTO THE PUBLIC SANITARY SEWER SYSTEM, BY REQUIRING CERTAIN CORRECTIONS TO BUILDINGS OR STRUCTURES, PENALTIES FOR NONCOMPLIANCE, DISCONNECTION, AND APPEALS FROM SUCH DETERMINATIONS Sec. 18-156.1 Purpose. It is the policy of this County and the purpose of this ordinance to establish a separate procedure for the enforcement of the Sewer Use Standards (Article IV of Chapter 18 of the Roanoke County Code) arising from the illegal discharge of unpolluted stormwater, surface water, groundwater, roof runoff or subsurface drainage into the public sanitary sewer system. The inflow or infiltration of stormwater in to the public sewer system constitutes a direct threat to public health, safety and welfare, since this discharge or infiltration overloads the public sewer system, thereby causing sewer overflows and sewer backups into homes and businesses. This discharge or infiltration increases the cost and expense to all sewer users and all County citizens, since the overloads to the sewer system result in higher operating costs at the regional sewage treatment plant and higher capital costs for expansions of the public sewer system. Sec. 18-156.2 Determination by Utility Director. (a) The Utility Director, or his designee, shall be vested with the authority and responsibility to enforce the provisions of this ordinance and to make determinations with respect to the illegal or improper discharge, inflow or infiltration of stormwater, surface water, groundwater, roof runoff or subsurface drainage into the public sanitary sewer system. (b) A determination with respect to an illegal or improper discharge, inflow or infiltration of stormwater, surface water, groundwater, roof runoff or subsurface drainage into the public sanitary sewer system from the property of a sewer user or any other person shall be based upon the following: (1) estimate or measurement of quantity of inflows and/or infiltration that could occur based on the 2-year rainfall event established for Roanoke County using the Virginia Department of Highways and Transportation Drainage Manual. 1 /Y-1 (2) quantity of inflow and/or infiltration shall be in gallon per day. (3) estimate of quantity shall be site specific taking into consideration physical characteristics of the site as they relate to the potential inflow and/or infiltration. (c) The Utility Director, or his designee, shall provide written notice by certified mail to the sewer user, property owner or other responsible person of any violation of this ordinance or of Section 18-156 of this Code. This notice shall describe the nature of the violation, the determination of the quantity of the discharge, inflow or infiltration, the corrective measures necessary to achieve compliance, the time period for compliance, the amount of the monthly surcharge until corrected, and the appeal process. Sec. 18-156.3 Surcharge; discormection (a) For structures or property with discharge, infiltration or inflow determined to be in excess of 1 000 gallons per day public sanitary sewer system, the sewer user, property owner or other responsible person shall be given six months to correct the illegal or improper activities or facilities contributing to the discharge, infiltration or inflow into the public sanitary sewer system. If corrective measures to eliminate the illegal or improper discharge, infiltration or inflow into the public sanitary sewer system are not completed and approved by the Utility Director, or his designee, within six months from the date of the notice provided in Sec. 18-156.2(c), then the County shall impose upon the sewer user, property owner or other responsible person a monthly surcharge in the amount of 200 per month until the required corrective measures are completed and approved. If the corrective measures are not completed and approved within twelve months of the initial notification, or fails to pay the monthly surcharge when due and payable, then the County shall terminate the water and sewer connections and service to the property, and disconnect the customer from the system. During and after periods of heavy rainfall resulting in inflow or infiltration in excess of 200 gallons per day, after the six month corrective notice period, the Utility Director may in his discretion temporarily terminate the sewer connection to protect the public sewer system and other sewer users. (b) For structures or property with discharge, infiltration or inflow determined to be less than 1 OOO~llons per day but not more than 500 gallons uer day into the public sanitary sewer system, the sewer user, property owner or other responsible person shall be given six months to correct the illegal or improper activities or facilities contributing to the discharge, infiltration or inflow into the public sanitary sewer system. If corrective measures to eliminate the illegal or improper discharge, infiltration or inflow into the public sanitary sewer system are not completed and approved by the Utility Director, or his designee, within six months from the date of the notice provided in Sec. 18-156.2(c), then the County shall impose upon the sewer user, property owner or other responsible person a monthly surcharge in the amount of 100 per month until the required corrective 2 r-~ measures are completed and approved. If the corrective measures are not completed and approved within twelve months of the initial notification, or fails to pay the monthly surcharge when due and payable, then the County shall terminate the water and sewer connections and service to the property, and disconnect the customer from the system. During and after periods of heavy rainfall resulting in inflow or infiltration in excess of 200 gallons per day, after the six month corrective notice period, the Utility Director may in his discretion temporarily terminate the sewer connection to protect the public sewer system and other sewer users. (c) For structures or property with discharge, infiltration or inflow determined to be less than 500~allons per day but not more than 200 gallons yer day into the public sanitary sewer system, the sewer user, property owner or other responsible person shall be given six months to correct the illegal or improper activities or facilities contributing to the discharge, infiltration or inflow into the public sanitary sewer system. If corrective measures to eliminate the illegal or improper discharge, infiltration or inflow into the public sanitary sewer system are not completed and approved by the Utility Director, or his designee, within six months from the date of the notice provided in Sec. 18-156.2(c), then the County shall impose upon the sewer user, property owner or other responsible person a monthly surcharge in the amount of 50 per month until the required corrective measures are completed and approved. If the corrective measures are not completed and approved within twelve months of the initial notification, or fails to pay the monthly surcharge when due and payable, then the County shall terminate the water and sewer connections and service to the property, and disconnect the customer from the system. During and after periods of heavy rainfall resulting in inflow or infiltration in excess of 200 gallons per day, after the six month corrective notice period, the Utility Director may in his discretion temporarily terminate the sewer connection to protect the public sewer system and other sewer users. (d) For structures or property with discharge, infiltration or inflow determined to be less than 200 alb lons ,per dam but not more than 50 gallons per day into the public sanitary sewer system, the sewer user, property owner or other responsible person shall be given six months to correct the illegal or improper activities or facilities contributing to the discharge, infiltration or inflow into the public sanitary sewer system. If corrective measures to eliminate the illegal or improper discharge, infiltration or inflow into the public sanitary sewer system are not completed and approved by the Utility Director, or his designee, within six months from the date of the notice provided in Sec. 18-156.2(c), then the County shall impose upon the sewer user, property owner or other responsible person a monthly surcharge in the amount of 25 per month until the required corrective measures are completed and approved. If the corrective measures are not completed and approved within twelve months of the initial notification, or fails to pay the monthly surcharge when due and payable, then the County shall terminate the water and sewer connections and service to the property, and disconnect the customer from the system. During and after periods of heavy rainfall resulting in inflow or infiltration in excess of 200 gallons per day, after the six month corrective notice period, the Utility Director may in his 3 Iv-i discretion temporarily terminate the sewer connection to protect the public sewer system and other sewer users. Sec. 18-156.4 Review of Corrective Measures The sewer user, property owner or other responsible person shall correct the illegal or improper activities or facilities contributing to the discharge, infiltration, or inflow into the public sanitary sewer system. These corrective measures to eliminate the illegal or improper discharge, infiltration, or inflow into the public sewer system shall be taken upon notice form the utility director or his designee. Once these corrective measures have been implemented the sewer user, property owner, or other responsible person shall request in writing that the Utility Director or his designee inspect the corrective measures to verify compliance with this chapter. Any monthly surcharge imposed by the provisions of this ordinance, or any termination of water and sewer service arising from a failure to pay the monthly surcharge or a failure to implement the corrective measures necessary to reduce or eliminate the discharge, infiltration, or inflow into the public sanitary sewer system, shall continue until the Utility Director or his designee determines that the corrective measures are in compliance with the provisions of this chapter. If water and sewer services have been terminated under this ordinance, the sewer user, property owner, or other responsible person may request resumption of water and sewer service as follows: (1) By taking the corrective measures specified in the notice, and by eliminating the discharge, infiltration, or inflow into the public sanitary sewer system. (2) By requesting an inspection and determination by the Utility Director or his designee as provided in this section. (3) By submitting a written request to the Utility Director requesting reinstatement of public water and sewer services and verifying that all standards of this chapter have been satisfied. Sec. 18-156.5 Appeals (a) Any sewer user, property owner, or responsible person may appeal a determination of the Utility Director or his designee by submitting a Notice of Appeal to the County Administrator within fourteen (14) days from the receipt of the written notice as provided in § 18.1-156.2 (c). (b) The County Administrator shall conduct a hearing on this appeal within fourteen (14) days of the receipt of this Notice of Appeal. The County Administrator shall 4 ~„I render a decision with five (5) business days of the date of the hearing. (c) The Notice of Appeal shall state the grounds and objections for the appeal. At the hearing the County Administrator shall hear and investigate any objection that may be raised and take such action as may be appropriate under the facts and circumstances established. (d) The sewer user, property owner, or other responsible person may appeal the decision of the County Administrator to the Roanoke County Board of Supervisors by submitting to the Clerk of the Board a written Notice of Appeal within fourteen (14) days of the receipt of the County Administrator's written decision. This Notice of Appeal shall state the grounds for the appeal. (e) In all other respects the substantive and procedural requirements for this appeal shall comply with the provisions of § 15.1-550, et seq. of the State Code. c:\wp5 ] \agenda\code\sse.r 5 ~iiiiiiiiiiiiiiiiiiiiiiiuiiii~iiuiiiiiiiuiiiiuuuiiiiiufiiiiiii~iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii~ _ _ _ __ AGENDA ITEM NO. it/' - ~ APPE CE REQUEST wow ~E~~ PUBLIC HEARING ORDINANCE CITIZENS COMMENTS SUBJECT: .SsF//z ~,~c~,~,~1 ~a~~.-~,¢>.r~.crs _ I would like the Chairman of the Board of Supervisors to recognize me during the __ meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED BELOW: __ _= ^ Each s esker will be p given between three to five minutes to comment c whether speaking as an individual or representative. The Chairman will c decide the time limit based on the number of citizens speakin on an issue, v and will enforce the rule unless instructed by the majority of~the Board to __ do otherwise. ~= ^ Speaker will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the Board. Debate between a recognized c speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ Speakers are requested to leave any written statements and/or comments vnth the clerk. ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP c SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP c ALLOWING THE INDIVIDUAL TO REPRESENT THEM. c PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK - _ c _` ~- _ c NAME ~~E~ ~/. syg/~.~ c ADDRESS 3~~ ~ ,~1~iui~r,~~~..<~~.~J G~/~ __ s PHONE ~~y, dB~/ ~ _. ~Illlllllllllllilllllllllillllllllillllilllllllllllllllllllilllllli~lllilllllllllllilllllllllllllllllllllllllllillllillllllllllll~ _ _ c AGENDA ITEM NO. ~-~/ - - - - - - - - -_ APPE CE REQUEST =_ CE CITIZENS COMMENTS - PUBLIC HEARING ORDINAN - - - - - - - _ ~-- ~ 0.21 C ~.,^~a ~v r~~ _ - SUBJECT: _ I would like the Chairman of the Board of Su ervisors to reco nize me during the .. p 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 rve minutes to comment - ^ Each speaker vr~ll be given between thr f whether speaking as an individual or representative. The Chairman will - decide the time limit based on the number of citizens speakin on an issue, _ and will enforce the rule unless instructed by the majority of~the Board to __ do otherwise. - _ ^ Speaker will be limited to a presentation of their point of view only. __ Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the Board. Debate between arecognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ Speakers are requested to leave any written statements and/or comments -_ with the clerk. -_ ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP = ALLOWING THE INDIVIDUAL TO REPRESENT THEM. _ - - c T LEGIBLY AND GIVE TO THE CLERK c - PLEASE PRIN - - - - - - - - - - - - - - - - - x - _ - fitlillllllllliliilllllilllllllllilliillllilillllliillllillilllllliiillllllllilliillillllllililllllliilllllllilllililillilililitlim AT A REGIILAR MEETING OF THE BOARD OF SIIPERVISORS OF ROANORE COIINTY, VIRGINIA, HELD AT THE ROANORE COIINTY ADMINISTRATION CENTER ON TIIESDAY, APRIL 13, 1993 RESOLIITION CERTIFYING ERECIITIVE 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. ~F ROANp~,~ a ~ ti ~ ~ z ~ ~ a2 1838 COUNTYADMINISTRATOR ELMER C. HODGE (703) 772-2004 April 14, 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 Rev. Kevin Meadows Vinton Baptist Church Washington and Maple Streets Vinton, VA 24179 Dear Reverend Meadows: On behalf of the Board of Supervisors, 1 would like to thank you for offering the invocation at our meeting on Tuesday, April 13, 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. Sincerely, ~. ~~r~xxY~ .br~ ~r~ ~ ~~.~~ P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 ~~ ~~ H. Odell "Fuz Minnix, Chairman Roanoke County Board of Supervisors ® Recycled Paper J s /' z~ z~ ~~ ,~:; ~~ ~~ r 3~ ~~~~ r r ~ ~~ ~~ y sti r~l,~ ~r~~~~~" Jr~ ~~ ~~~~ ~s c'~;~ ~3~'~!~ ~~r~~~~s ~~~~~w~/~ y ~' iY ~~ ~ ~' ~` ~%c iv%,~~~ ~ i~~ ~ i f~ r /~ ~~` /i'9~--, ~ ~ _. `, _ :.1 /~' /~ ~' ~~ ~: ~V ~' .5 ~~~ `? ~` ~fcT- ~s ~ r ,i ~ , ~ /) ~ ~ ~ C ~`'G , ~,,~ ,~ l% fir: -~ .~ ~ ~ -, _ 1 ` ~ .` ~ a~cj ; ~~;'~ ~~~ ~~ sir f ~ t ~~ ~ ~~ . ~' ,_ ( , r ? :', 2 ~~ ,~ Brenda: ECH wants to invite the Northcross High School Basketball team to a board meeting (probably April 13) to recognize them for winning the 1993 VIS Basketball Championship. We can recognize either at 3 or at 7. He suggested you call Maggie Palmieri at the school and get names, etc. and information. ~~~ ~~~~ I guess we should do reso, and then certificates for each team member. Mary Allen ~ a- ~,~,~eD c~a1LP .Pr'"'~ 3/3a'y3 j~~, l3 ~~„ ~ Card s-~- . j r ~ r~~ /~~ r~~ %~ ~' r ~_ ,~ ,~L ~ ~, l ' I ,~ /~ ~ !' ' .~~f ; . ~ '',r'~~' ~`~G'p~ j~ ., .~- ~j "~f%~ ~% ~J l ~ ~~~ !" ~{ l ~~` ~~' ~~'~'~ 9'~G1~' ` - ,i ~ " - ,p _ i ~ .~ ~ ~~`,/ 1 S~ ~/'. ~~,~ ,? t' t? ' ,.~ '~ ~_~ %~;~~ ~',~~~ ~,,~ ter, £j-,~~ r ~' l 1 ~ P ~ -, ~f ~ ~, ~ ~ ~ t° -, ~ ~ ~t~.1.~t,. ~- ~, .' ~' ~1t'°r~ #~yf ~' Y~ ~ O~ POAN !(E. `/ ~~~ O p L A ENU A'r1v 9 R GRAI ~ ~ = EGREATION T STREET a O° SN STRGiNiA 24179 rcr,~ 19 'S0 68 y SESgU1CENSEN~`p iihJ B cginning TELEPHONE Beau p ' 344 3742 `7p3 N .1. pP'G~SMU ,Ty EDUGATjON of this to Paul Mahoney to investigate. Mr. Hodge "ARE pis°R'`°M R _r,Y SUPE _~ also learned that Mr. Goria is already in contact with Paul and t this is being handled Cliff Craig and ECH was advised tha properly. ECH suggested that Mr. Goria meet with Paul Mahoney and Cliff Craig and work this out. Mr. Goria can also speak at the April 13 meeting under "Citizens ontact him and let t o Comments and Communications. Do you want me him know we've placed him on the agenda for th c at date? Or do you want to call him. PLEASE LET ME KNOW. ~,~, ~ Mary Allen 3 / 31 / 9 3 ~~ ~ G f} , ~' V~1(/Ll ~ w C 1~ L , pp --''CC `` pp~ ~1w-c...~ ~~.,u~-~'~ ~ lnNU~. CC : Paul Mahoney ~ .~ ~~' ~~x. C 1 i f f Craig ~QA,~, ~~- ~ ~~ ~~ ~~"~' ~ Elmer Hodge ~ ~ ~~ ~-~-a- ~.. w--~-~' -fr-~. , ~,,,,,,. uta. H-. , J. B. GORIA COMMERCIAL REAL ESTATE 4502 Starkey Road, S. W. Roanoke, Virginia 24014 (703) 989-4140 March 30, 1993 H. Odell "Fuzzy" Minnix, Chairman Roanoke County Board of Supervisors P. 0. Box 29800 Roanoke, VA 24018 Dear Chairman Minnix, P. O. Box 20269 Roanoke, Virginia 24018 I am requesting a hearing before you and the Board of Supervisors at your next meeting on April 13, 1993 at 3:00 p.m. The purpose of this request is to make you aware of a problem I am having in securing permanent occupancy permits for tenants in two (2) buildings I own in Roanoke County. These tenants are located in the 419 Office Center Building and Promenade Park Shopping Center. Even though both of these buildings are connected to the County sewer system, Mr. Fronk of the County Utility Department is holding up issuance of permanent occupancy permits on the grounds that all commerical users applying for building permits are required to install sampling manholes. I have been advised that Mr. Fronk is misinterpreting the meaning and intent of the County code and I am seeking the Board's review to resolve this matter. Sincerely, ~~~ . B. G o r i a JBG/bh COMMERCIAL & INDUSTRIAL SALES EXCHANGES LEASING & DEVELOPMENT b N v • r-I .'~ x ~ g ~ 4 F o as Q ~ ~ w ~ w V N 0 M 0 r••s a° cn ~ O ~ ~ ~ -~ ~ ~ •~ ~ ~ ~ .~ a U ~ .-I O rl N W N N X x b O O O ~ O ~ ~ ~ • O O xa,ax •~ O ~ rd •r-I ~I ~ rtf o0 o ~ pq o ~, o ~ N ~y O N N ~ 00 ~ ~ ~ (ja ~ N F(', O ~ U >C Fuzzy: I gave a copy of this to Paul Mahoney to investigate. Mr. Hodge has also learned that Mr. Goria is already in contact with Paul and Cliff Craig and ECH was advised that this is being handled properly. ECH suggested that Mr. Goria meet with Paul Mahoney and Cliff Craig and work this out. Mr. Goria can also speak at the April 13 meeting under ~~Citizens Comments and Communications. Do you want me to contact him and let him know we've placed him on the agenda for that date? Or do you want to call him. PLEASE LET ME KNOW. Mary Allen 3/31/93 CC: Paul Mahoney Cliff Craig Elmer Hodge J. B. GORIA COMMERCIAL REAL ESTATE 4502 Starkey Road, S. W. Roanoke, Virginia 24014 (703) 989-4140 March 30, 1993 H. Odell "Fuzzy" Minnix, Chairman Roanoke County Board of Supervisors P. 0. Box 29800 Roanoke, VA 24018 Dear Chairman Minnix, P. O. Box 20269 Roanoke, Virginia 24018 I am requesting a hearing before you and the Board of Supervisors at your next meeting on April 13, 1993 at 3:00 p.m. The purpose of this request is to make you aware of a problem I am having in securing permanent occupancy permits for tenants in two (2) buildings I own in Roanoke County. These tenants are located in the 419 Office Center Building and Promenade Park Shopping Center. Even though both of these buildings are connected to the County sewer system, Mr. Fronk of the County Utility Department is holding up issuance of permanent occupancy permits on the grounds that all commerical users applying for building permits are required to install sampling manholes. I have been advised that Mr. Fronk is misinterpreting the meaning and intent of the County code and I am seeking the Board's review to resolve this matter. Sincerely, . B. G o r i a JBG/bh COMMERCIAL & INDUSTRIAL SALES EXCHANGES LEASING & DEVELOPMENT April 13 Rita Watson Called: Wants to be on agenda at 7 p.m. under Citizens Comments Speaker will be Roseanna Myers, representing Northside Junior HIgh School and Northside High School. They are requesting renovations to the their gymnasium facilities. Rita's telephone: 362-4018 345-1561 Brenda: ECH wants to invite the Northcross High School Basketball team to a board meeting (probably April 13) to recognize them for winning the 1993 VIS Basketball Championship. We can recognize either at 3 or at 7. He suggested you call Maggie Palmieri at the school and get names, etc. and information. I guess we should do reso, and then certificates for each team member. Mary Allen Number: 241356 Type: Regular Message Subject: Board Report From: MHA - Mary Allen To: MSMCKISS - Merry Mckissick Merry: Posted: Received: 3/30/93 10:12 I received Sheriff's Holt Board Report. The meeting on April 6 is limitwdth Mr.bHodge andkheesaidntonplacerthelitem be no action taken. I checked enda. on the April 13 agenda. ThereHolt~haswalproblem with thpsrt on the 4/13 ag Please let me know if Sheriff ~i March 19, 1993 MA: FOR APRIL 13 AGENDA PACKET Congressman Goodlatte will be here on Friday, April 23, at 9:30 a.m. to meet with County officials. TWG has already prepared an agenda/list of topics for discussion. ECH would like: 1. This meeting mentioned on the April 13 agenda, 2. TWG's agenda sent out with the April 13 packets, and 3. The April 13 meeting adjourned to April 23 at 9:30. MH CO1~IM®NVVEt~I,TI-I of VIRGINIA DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET fiAY D. PETHTEL RICHMOND, 23219 COMMISSIONER March 16, 1993 Secondary System Addition Roanoke County Board of Supervisors County of Roanoke P.O. Box 29800 Roanoke, VA 24018-0798 MEMBERS OF THE BOARD: As requested in your resolution dated January 26, 1993, the following addition to the Secondary System of Roanoke County is hereby approved, effective March 16, 1993. ADDITION KINGSTON COURT, SECTION 5 Route 1982 (Shrewsbury Court) - From Route 1980 to 0.09 mile Northeast Route 1980 Sincerely, Ray 'D. Pethtel Commissioner LENGTH 0.09 Mi TRANSPORTATION FOR THE 21ST CENTURY