HomeMy WebLinkAbout4/13/1993 - Regularo`' aoaN ~F
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1838
ROANOKE COUNTY BOARD OF SUPERVISORS
ACTION AGENDA
APRIL 13, 1993
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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
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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
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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
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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,
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~~~
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
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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 ~ ~
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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
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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 ~
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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
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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
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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
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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
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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
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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
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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
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UTILITY ACCEPTANCE OF
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DEPARTMENT
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Page 1 of 3
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n!!ly a~;thnrized ~ffic:er Title
nn behalf of
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Nntary P.~~alic
My Cnmmissinn expires: Diu! ~C~ , I~g r~
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WTTNFSC 'j'I-I~ F(ll I IIL~(T(J(; ci~nat,i_~rcS ~nrl coalc;
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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
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of Roan^k.e f'ot!nty, Virginia,
Notary P.;hliC
My commission expires:
Revised 10/16!Q~
Page ~ of
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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
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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
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_ _
_ __
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~,~
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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
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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
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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
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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~
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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
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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