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9/14/1993 - Regular
~ ROAN ~. ti• Z A a ~3 C~o~ixz~#~ o~~ ~n~~txto~~.e ROANOKE COUNTY BOARD OF SUPERVISORS ACTION AGENDA SEPTEMBER 14, 1993 ,~ff~.~~ 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. THERE WILL BE A PUBLIC HEARING AT 7:00 P.M. THIS EVENING. Individuals with disabilities who require assistance or special arrangement in order to participate is or attend Board of Supervisors meeting or other programs and activities sponsored by Roanoke County, please contact the Clerk to the Board at (703) 772-2005. We request that you provide at least 48-hours notice so that proper arrangements may be made. A. OPENING CEREMONIES (3:00 P.M.) 1. Roll Call. ALL PRESENT AT 3:06 P.M. 2. Invocation: H. Odell Minnix, Chairman Roanoke County Board of Supervisors 3. Pledge of Allegiance to the United States Flag. B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS i ® R«,yaed P~- NONE C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Recognition of Nancy Thomas, Treasurer's Office, for receiving designation as a Certified Deputy Treasurer. MS. THOMAS AND TREASURER FRED ANDERSON PRESENT FM ANNOUNCED TREASURER HAS BEEN NAMED TO NACO STEERING COMNIITTEE. Z. Resolution Declaring September 14 - 15, 1993 as the 1993 Day of Caring in Roanoke County. R-91493-1 HCN MOTION TO ADOPT RESO URC ACCEPTED BY TE.A1~T GLONTZ, UNITED WAY D. PRESENTATIONS 1. Video on the Regional Wastewater Treatment Plant. (Angie McPeak, Cable TV Coordinator) MS. MCPEAK WAS NOT PRESENT AND VIDEO WAS NOT SHOWN E. NEW BUSINESS 1. Request for Authorization to Pursue Refunding of a Portion of the 1991 Water Revenue Bonds. (Diane Hyatt, Finance Director) R-91493-2 BI;T MOTION TO ADOPT RESO URC 2. Approval of Implementation Agreement between the Roanoke Valley Resource Authority and the Roanoke a Regional Landfill Board. (Diane Hyatt, Finance Director) R-91493-3 HCN MOTION TO APPROVE AGREEMENT URC 3. Request from the Roanoke Arts Commission for Donation to Support the 1994 High School Art Shaw. (Elmer Hodge, County Administrator) A-91493-4 LBE SUBSTITUTE MOTION TO DEFER TO 9/28/93 TO GET MORE INFO ON WHAT OTHER LOCALITIES ARE DOING AND THAT STAFF BRING BACK ALL DENIED BUDGET REQUESTS FOR FUNDING WITH LEVEL OF COUN'T'Y PARTICIPATION -DEFEATED AYES-LBE NAYS-BL~T,EGK,HCN,FM HCN MOTION TO DENY REQUEST FOR FUNDING AYES-BI;T,EGK,HCN NAYS-LBE,FM 4. Request for Authorization to Submit an Application for a Virginia Community Development Block Grant for Valley TechPark. (Tim Gubala, Economic Development Director) R-91493-5 EGK MOTION TO ADOPT RESO AS AMENDED BY TWG URC 5. Request from the Roanoke Regional Airport Commission for Authorization to Purchase a Rescue and Fire Fighting Vehicle. (Diane Hyatt, Finance Director) R-91493-6 FM MOTION TO AUTHORIZE PURCHASE URC BI.~T ASKED STAFF TO SET UP TOUR OF AIRPORT FOR BOS 3 F. REQUESTS FOR WORK SESSIONS NONE G. REQUESTS FOR PUBLIC HEARINGS NONE H. FIRST READING OF ORDINANCES 1. Ordinance Authorizing Conveyance of a Appalachian Power Company for Electric Roanoke County Property. (Clifford Director) BI;T MOTION TO APPROVE 1ST READING 2ND - 9/28/93 URC n Easement to Service Across Craig, Utility CLIFF CRAIG TO HAVE PARKS & REC REVIEW EASEMENT FOR IMPACT OF FUTURE PARK USE. 2. Ordinance Amending Article IV, Sewer Use Standards of Chapter 18 of the Roanoke County Code of 1985. (Clifford Craig; Utility Director) HCN MOTION TO APPROVE 1ST READING WITH ALT #1 RECOMII~NDATION AYES-BI;T,EGK,HCN NAYS-LBE,FM 1 CITIZEN SPOKE - CC TO A~:VIEW 1VIIL GORIA'S CONIlVIENTS AND HAVE A RESPONSE BY THE 2ND READING, ZND - 9/28/93 URC 3. Ordinance Authorizing Acquisition of a Water and Sewer Easement from Dairymen, Inc. (Clifford Craig, Utility 4 Director) HCN MOTION TO APPROVE 1ST READING 2ND - 9/28/93 URC 4. Ordinance Authorizing Conveyance of an Easement to Appalachian Power Company for Electric Service Across Vinyard Park. (Vickie Huffman, Assistant County Attorney) HCN MOTION TO APPROVE 1ST READING 2ND - 9/28/93 URC I. SECOND READING OF ORDINANCES 1. Ordinance Amending and Reenacting Section 12-34, Display of Decal Generally, of Article II. County Vehicle License of Chapter 12 of the Roanoke County Code to Expand the Requirement for Display of County Vehicle Decals. (Joseph Obenshain, Sr. Assistant County Attorney) 0-91493-7 BI;T MOTION TO ADOPT ORD URC HCN ASKED STAFF TO STUDY THE POSSIBILITY OF HIRING AN ADDITIONAL PERSON TO HANDLE DECAL ENFORCEMENT AND PERSONAL PROPERTY TAX PAYMENTS. 2. Ordinance Amending and Reenacting Section 10-33, Real Estate Services, Section 10-34, Professional Services, and Section 10-36, Personal and Business Service Occupations, of Article I. In General, of Chapter 10, Licenses, to Exempt Gross Receipts Less Than $3,000 from Business License Tax Liability. (Joseph Obenshain, Sr. Assistant County Attorney) 0-91493-8 5 HCN MOTION TO ADOPT ORD URC J• APPOINTMENTS 1. Grievance Panel HCN NOMINATED CECIL HILL TO A TWO-YEAR TERM EXPIRING SEPTEMBER 27, 1995. 2. Industrial Development Authority FM NOMIlVATED BILLY BRANCH TO ANOTHER FOUR-YEAR PERM EXPIRING SEPTEMBER 26 1997. 3. Virginia Western Community College Board BOARD CONSENSUS TO NOMINATE TEFFREY OTTAWAY TO THE UNEXPIRED FOUR YEAR TERM OF PATRICK SHAFNER. THE TERM WILL EXPIRE 1LiNF 30, 1995. BI{T ANNOUNCED RESIGNATION OF RON MASSEY FROM PLANNING COA'IMISSION AND ASKED STAFF TO PREPARE MEDIA RELEASE. K CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WII,L BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. R-91493-9 BLOT MOTION TO APPROVE CONSENT RESO AFTER DISCUSSION OF K-6 - URC 6 1. Approval of Minutes -August 24, 1993 2. Acknowledgement of Acceptance of 0.16 Miles of Whipplewood Court into the Secondary System by the Virginia Department of Transportation. A-91493-9.a 3. Request for Approval of a Raffle Permit and One-Time Bingo Game from the Penn Forest Elementary School PTA. A-91493-9.b 4. Request for Approval of a Raffle Permit from the National Wild Turkey Federation. A-91493-9.c 6. Request for Approval to Hire Outside Counsel for the Cable TV Committee. A-91493-9.d STAFF DIRECTED TO SEND LETTER TO COX CABLE AND C'IIANNELS 7 AND 10 ENCOURAGING THEM TO COME TO AGREEMENT AND NOT NEGATIVELY IMPACT SERVICE TO THE CITIZENS I.. REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Kohinke: (1) Thanked Chief Cease for the statistics provided to him. (2) Thanked ECH for his u date on the move to the Travelers Burld~n . Supervisor Eddy: (1) Asked about the State Agricultural Soil Stud and su~srested FM send a letter requesting that the report be expedited. (2) Attended Openrni< Dav actrvrhes of the Southwest Soccer Association with FM. (3) Has prepared a position ,gaper on the School Board selection referendum which he has given to supervisors. Suggested that all board members make sure that the citizens are well informed of this issue. Suueivisor Nickens: Passed out to BOS an economic impact study on the Blue Ridge Parkway. M. CITIZENS' COMII~NTS AND COMMUNICATIONS none N. REPORTS MOTION BY EGK TO RECEIVE AND FILE - UW 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Police Department Activity Report 5. Fire & Rescue Reaction/Response Report RECESS AT 5:25 P.M. O. WORK SESSION AT 530 1. Joint Work Session with School Board to Discuss Capital Planning. PRESENTATION ON NORTHSIDE I"'IELDHOUSE SET FOR 10/26/93 P. EXECUTIVE SESSION pursuant to the Code of Virginia Section 2.1-344 A (7) To discuss legal matters requiring the provision of legal advice by the County Attorney and briefings s by staff members concerning contract negotiations: (a) Sigmon, Boone & Beasley cases; and (b) Litigation with Grumman Emergency Products; and Section 2.1-344 A (1) Discussion of a personnel matter; evaluation of the County Administrator. BL.T MOTION TO GO INTO EXEC`UTPVE SESSION AT 6.25 P.M. URC Q. CERTIFICATION OF EXECUTIVE SESSION R-91493-10 HCN MOTION TO ADOPT RESO AND RETURN TO OPEN SESSION AT 7:09 P.M. URC EVENING SESSION (7.00 P M.) RECONVENE AT 7:10 P.M. R. PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. Ordinance Amending and Reenacting the Zoning Classification of Roanoke County Tax Parcel Numbers 96.02-1-44 and 96.02-O1-45 from AG-1 to R-1 and the Amend the Zoning Classification of Certain Other Properties in Proximity to the Blue Ridge Parkway from AG-1 to AR. (Terry Harrington, Planning & Zoning Director) 0-91493-11 FM MOTION TO ADOPT ORD - NO VOTE HCN SUBSTITUTE MOTION TO ADOPT ORD WITH EXCLUSION OF BEASLEY PROPERTY UNDER LITIGATION WITH BOONS. BOONS & LOEB WHICH WILL BE DEFERRED TO ALLOW FOR CONTINUED NEGOTIATIONS AYES-BI{T,EGK,HCN 9 NAYS-LBF,~FM BLOT MOTION TO EXECUTE CONSENT ORDER RE LITIGATION WITH STRAUSS - URC S. CITIZEN COM1ViENTS AND CObIlViiJNICATIONS NONE T EXECUTIVE SESSION pursuant to the Code of Virginia Section 2.1-344 A (7) To discuss legal matters requiring the provision of legal advice by the County Attorney and briefings by staff members concerning contract negotiations: (a) Sigmon, Boone & Beasley cases; and (b) Litigation with Grumman Emergency Products; and Section 2.1-344 A (1) Discussion of a personnel matter; evaluation of the County Administrator. HCN MOTION TO GO INTO EXECUTIVE SESSION AT 9: 00 P.M. URC U. CERTIFICATION OF EXECUTIVE SESSION R-91493-12 LBE MOTION TO ADOPT RESO AND RETURN TO OPEN SESSION AT 9:50 P.M. NOTE: BI T LEFT AT 9:45 P.M. AND HCN LEFT AT 9:50 P.M.I V. ADJOURNMENT LBE MOTION TO ADTOURN AT 9:51 PM. URC io OF ROAN ~F ~ p Z v ;, a? 1838 COUNTY ADMINISTRATOR ELMER C. HODGE (703) 772-2004 P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 September 15, 1993 r BOARD OF SUPERVISORS H. ODELL'FUZZY' MINNIX, CHAIRMAN CAVE SPRING MAGISTERIAL DISTRICT LEE B. EDDY, VICE-CHAIRMAN WINDSOR HILL MAGISTERIAL DISTRICT BOB L. JOHNSON HOLLINS MAGISTERIAL DISTRICT EDWARD G. KOHINKE, SR. CATAWBA MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT (703) 772-2005 Ms. Luisa Hahn 7685 Fort Mason Drive Roanoke, VA 24018 Dear Ms. Hahn: At their regular meeting on Tuesday, September 14, 1993, the Roanoke County Board of Supervisors unanimously approved the request of the Penn Forest Elementary School P.T.A. for a raffle permit and one-time bingo game permit. This event will be held on October 9, 1993. The fee has been paid and your receipt is enclosed. You may consider this letter to be your permit, and I suggest it be displayed on the premises where the raffle is to be conducted. The State Code provides that raffle and bingo permits be issued on a calendar-year basis and such permits issued will expire on December 31, 1993. This permit, however, is only valid on the date specified in your application. PLEASE READ YOUR APPLICATION CAREFULLY. YOU HAVE AGREED TO COMPLY WITH STATE AND LOCAL REGULATIONS AND FAILURE TO COMPLY MAY RESULT IN CRIMINAL PENALTIES AND REVOKING OF YOUR PERMIT. YOU MUST FILE A FINANCIAL REPORT BY DECEMBER 1 OF EACH CALENDAR YEAR. PLEASE SUBMIT A NEW APPLICATION AT LEAST 60 DAYS PRIOR TO DATE OR DATES YOUR ORGANIZATION PLANS TO HOLD BINGO OR RAFFLES. PERMITS EXPIRE ON DECEMBER 31 OF EACH CALENDAR YEAR. If I may be of further assistance, please do not hesitate to contact me at 772-2003. Sincerely, .~ Mary H. Allen, CMC Clerk to the Board of Supervisors bjh Enclosures cc: Commissioner of the Revenue Commonwealth Attorney County Treasurer ® Recyded Paper ~ P AN ,I. ti "` 9 2 ~ 2 a~ 1 38 P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 COUNTY ADMINISTRATOR ELMER C. HODGE (703) 772-2004 September 15, 1993 BOARD OF SUPERVISORS H. ODELL "FUZZY MINNIX. CHAIRMAN CAVE SPRING MAGISTERIAL DISTRICT LEE B. EDDY, VICE-CHAIRMAN WINDSOR HILLS MAGISTERAL DISTRICT BOB L. JOHNSON HOWNS MAGISTERIAL DISTRICT EDWARD G. KOHINKE, SR. CATAWBA MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT (703) 772-2005 Mr. Jeff Fletcher 341 Penn Avenue Salem, VA 24153 Dear Mr. Fletcher: At their regular meeting on Tuesday, September 14, 1993, the Roanoke County Board of Supervisors unanimously approved the request of the National Wild Turkey Federal for a raffle permit. The raffle will be conducted on September 18, 1993. The fee has been paid and your receipt is enclosed. You may consider this letter to be your permit, and I suggest it be displayed on the premises where the raffle is to be conducted. The State Code provides that raffle and bingo permits be issued on a calendar-year basis and such permits issued will expire on December 31, 1993. This permit, however, is only valid on the date specified in your application. PLEASE READ YOUR APPLICATION CAREFULLY. YOU HAVE AGREED TO COMPLY WITH STATE AND LOCAL REGULATIONS AND FAILURE TO COMPLY MAY RESULT IN CRIMINAL PENALTIES AND REVOKING OF YOUR PERMIT. YOU MUST FILE A FINANCIAL REPORT BYDECEMBER I OF EACH CALENDAR YEAR. PLEASE SUBMIT A NEW APPLICATION AT LEAST 60 DAYS PRIOR TO DATE OR DATES YOUR ORGANIZATION PLANS TO HOLD BINGO OR RAFFLES. PERMITS EXPIRE ON DECEMBER 31 OF EACH CALENDAR YEAR. If I may be of further assistance, please do not hesitate to contact me at 772-2003. Sincerely, Mary H. Allen, CMC Clerk to the Board of Supervisors bjh Enclosures cc: Commissioner of the Revenue Commonwealth Attorney County Treasurer ® Re~ydea P~ O~ ROANp~.~ z A 'a2 1838 (~~~tx~#g ~f ~.~~tz~~~.~ P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 COUNTYADMINISTRATOR ELMER C. HODGE (703) 772-2004 September 15, 1993 BOARD OF SUPERVISORS H. ODELL'FUZZY' MINNIX, CHAIRMAN CAVE SPRING MAGISTERIAL DISTRICT LEE B. EDDY, VICE-CHAIRMAN WINDSOR HILL MAGISTERIAL DISTRICT BOB L..JOHNSON HOWNS MAGISTERIAL DISTRICT EDWARD G. KOHINKE, SR. CATAWBA MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT (703) 772-2005 Ms. Jacqueline L. Shuck Executive Director Roanoke Regional Airport 5202 Aviation Drive Roanoke, VA 24012-1148 Dear Ms. Shuck: Attached is a copy of Resolution No. 91493-6 approving a specific capital expenditure for the acquisition by the Roanoke Regional Airport Commission of an aircraft rescue and fire fighting vehicle. This resolution was adopted by the Board of Supervisors at their meeting on Tuesday, September 15, 1993. If you need further information, please do not hesitate to contact me. Sincerely, Mary H. Allen, Clerk Roanoke County Board of Supervisors bjh Attachment cc: Diane D. Hyatt, Director, Finance Paul M. Mahoney, County Attorney Mary F. Parker, Clerk, Roanoke City Council :~ ®Regded Paper ~ R AN ,~. ti• z J ~ 1838 COUNTYADMINISTRATOR ELMER C. HODGE (703) 772-2004 ~~~t~~ .~~ ~r~~~.~ P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 September 15, 1993 ~~i BOARDOFSUPERVISORS H. ODELL'FUZZY MIN NIX, CHAIRMAN CAVE SPRING MAGLSTERAL DISTRICT LEE B. EDDY, VICE-CHAIRMAN WINDSOR HILLS MAGISTERIAL DISTRICT BOB L. JOHNSON HOWNS MAGISTERAL DISTRICT EDWARD G. KOHINKE, SR. CATAWBA MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGLSTERUIL DISTRICT (703) 772-2005 Mr. Gardner W. Smith, Chairman Roanoke Valley Resource Authority 3433 Brambleton Avenue, S.W. Roanoke, VA 24018 Dear Gardner: Attached is a copy of Action No. 91493-3 authorizing the approval of the implementation agreement between the Roanoke Valley Resource Authority and the Roanoke Regional Landfill Board. This action was approved by the Board of Supervisors at their meeting on Tuesday, September 14, 1993. If you need further information, please do not hesitate to contact me. Sincerely, YY~ ~~, ~ Mary H. Allen, Clerk Roanoke County Board of Supervisors bjh Attachment cc: John H. Parrott, Chairman, RVRSWMG Mary F. Parker, Clerk, Roanoke City Council Carolyn S. Ross, Clerk, Town of Vinton Council Diane D. Hyatt, Director, Finance ® Recycled Paper ., ,, ~~r~ J +,~ ~^ ~1 :. .,~ _~ ,,~ COUNTYADMINISTRATOR ELMER C. HODGE (703) 772-2004 September 15, 1993 U~ BOARD OF SUPERVISORS H. ODELL'FUZZY" MIN NIX, CHAIRMAN CAVE SPRING MAGISTERIAL DISTRICT LEE B. EDDY, VICE-CHAIRMAN WINDSOR HILL MAGISTERIAL OISTRIGT BOB L. JOHNSON HOWNS MAGISTERIAL DISTRICT EDWARD G. KOHINKE. SR. CATAWBA MAGISTERIAL DLSTRKT HARRY C. NICKENS VINTON MAGISTERUL DISTRICT (703) 772-2005 The Honorable Howard Musser, Chairman Roanoke Valley Regional Cable Television Committee 215 Church Avenue Roanoke, VA 24011 Dear Chairman Musser: Attached is a copy of Action No. 91493-9.d authorizing the retention of legal counsel to assist the Roanoke Valley Regional Cable Television Committee with legal issues related to cable service rate regulation under the 1992 Cable Act. This action was approved by the Board of Supervisors at their meeting on Tuesday, September 14, 1993. If you need further information, please do not hesitate to contact me. Sincerely, Mary H. Allen, Clerk Roanoke County Board of Supervisors bjh Attachment cc: Joseph Obenshain, Senior Assistant County Attorney. Diane D. Hyatt, Director, Finance C~.~~xxY# ~~ .~r~xxY~.~.e P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 ® Regded Pape- O~~ ANA ~~• p z J 2 a 1838 COUNTY ADMINISTRATOR ELMER C. HODGE (703) 772-2004 P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 September 15, 1993 BOARD OF SUPERVISORS H. ODELL "FUZZY' MINNIX, CHAIRMAN CAVE SPRING MAGISTERIAL DISTRICT LEE B. EDDY, VICE-CHAIRMAN WINDSOR HILL MAGISTERIAL DISTRICT BOB L. JOHNSON HOWNS MAGISTERIAL DISTRICT EDWARD G. KOHINKE, SR. CATAWBA MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGISTERAL DISTRICT (703) 772-2005 Reverend Larry E. Sprouse Melrose Baptist Church 3520 Peters Creek Road, N. W. Roanoke, VA 24019 Dear Reverend Sprouse: 1 am sorry that you were unable to deliver the invocation as planned at our September 14, 1993 Board Meeting, because of confusion over which governmental meeting you were asked to attend. Since the arrangements were made over the telephone, 1 feel sure this contributed to the mixup, Thank you for making the effort to help us with the invocation. We are very grateful for your willingness to volunteer your time and hope that you will be able to join us at another time. Again, thank you, and / am sorry for any inconvenience this may have caused you. Sincerely, Brenda J. Holton, Deputy Clerk Roanoke County Board of Supervisors cc: The Honorable H. Odell "Fuzzy" Minnix, Chairman ® Re~yded Paper Emergency Management Agency Washington, D.C. 20472 7-27-93 copies to Paul Mahoney, Arnold Covey Arnold, What do we need to do? July 15, 1993 Mr. Elmer Hodge Roanoke County Administrator P.O. Box 29800 Roanoke, Virginia 24018 Dear Mr. Hodge: This is to remind you that: Elmer Hodge h - a Flood Insurance Rate Study establishing base flood elevations has been completed for your community; - the Flood Insurance Rate Map will become effective on October 15, 1993; and - by that date, your community must have its legally enforceable flood- plain management measures, as required by Section 44 CFR 60.3(d) of the National Flood Insurance Program (NFIP) regulations, approved by our Regional Office staff. If you should encounter difficulties in enacting the measures, we urge you to call the Chief, Natural and Technological Hazards Division of the Federal Emergency Management Agency in Philadelphia, Pennsylvania, at (215) 931-5737. We realize that your community may have already contacted our Regional Office and may now be in the final adoption process, or you may have recently adopted the required measures. Whatever the current status is relative to your community, please consider this a reminder that you have three months left in which to adopt the required floodplain management measures, and have them approved by our Regional Office staff. The address of the Regional Office is Liberty Square Building (Second Floor), 105 South Seventh Street, Philadelphia, Pennsylvania 19106. Your measures will be reviewed upon receipt, and our Regional Office will notify you of approval or of deficiencies that might exist. Please consider this your formal notice. As a matter of policy, I must inform you that failure to have your floodplain management measures approved by our Regional staff by the established deadline will result in your community's suspension from the NFIP. Sincerely, r~ ~~ /~/ ~ l~~ ~~: 'ames Ross MacKay Acting Assistant Administrator Office of Loss Reduction Federal Insurance Administration SEPTEMBER 14 - Grant proposals for illegal dumping - 2nd -Display of Decals - Business License Ord - Firewood on County property - Work Session with School Board - Capital Planning - ~o r~e~s ~ c, ,L ~b ea sen-~e,~ ' P r'r' ~``T c- - ~ t~ - ,C3/c,r e. ,e ~o~g e. ~c.~.~ft cva y 1^~e zon ~ ~~ S - i4.,-. ~ sJ,o ~ c~'t~ n c~.S~-.n n z , _ ~? .,x,„_ r'v~, -; ~.:-, r ~_ - _~-. L`~~~ ` C'C", LEGAL NOTICE ROANORE COIINTY BOARD OF SIIPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, September 14, 1993, in the Community Room of the Roanoke County Administration Center, 3738 Brambleton Avenue, Roanoke, VA, to receive public comments and suggestions on a proposal to amend the zoning classification of Roanoke County Tax Parcel Numbers 96.02-01-44 and 96.02-01-45 from AG-1 to R-1 and to amend the zoning classification of certain other properties in proximity to the Blue Ridge Parkway from AG-1 to AR. Maps depicting the location of all of these parcels are available for inspection in the Department of Planning and Zoning, 3738 Brambleton Avenue, Roanoke, VA. Dated: August 25, 1993 ~ L~~ Mary H. Allen, Clerk Please publish in the Roanoke Times & World-News Tuesday, August 31, 1993 Tuesday, September 7, 1993 Direct the bill for publication to: Roanoke County Board of Supervisors PO Box 29800 Roanoke, VA 24018 (703) 772-2005 SEND AFFIDAVIT OF PIIBLICATION TO: ROANORE COIINTY PLANNING DEPARTMENT P.O. BO% 29800, ROANORE, VA 24018 ~ ~ Via' 8/25/93 Fred Anderson called and would like to have Nancy Thomas recognized at the September 13, 1993 Board Meeting. She has been certified as Government Deputy Treasurer by University of Virginia. She has a certificate that can be presented to her by Chairman. Fred and Nancy can be at the 8/14/93 meeting. Brenda ~..... RAY D. PETHTEL COMMISSIONER DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RICHMOND, 23219 August 18, 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 June 8, 1993, the following addition to the Secondary System of Roanoke County is hereby approved, effective August 16, 1993. ADDITION BRANDERWOOD, SECTION 5 Route 1961 (Whipplewood Court) - From Route 1960 to 0.16 mile Northeast Route 1960 Sincerely, ~~ Ray D. Pethtel Commissioner LENGTH 0.16 Mi TRANSPORTATION FOR THE 21ST CENTURY 0~ pOAN ~.~ ~ ~ >' Z :~< a, 1838 C~~~~#g ~~ ~.o~~z~o ~~ ROANOKE COUNTY BOARD OF SUPERVISORS AGENDA SEPTEMBER 14, 1993 ~~~~~ 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. THERE WILL BE A PUBLIC 1[EARING AT 7:00 P.M. THIS EVENING. Individuals with disabilities who require assistance or special arrangement in order to participate in or attend Board of Supervisors meet;~t~ or other programs and activities sponsored by Roanoke County, please contact the Clerk to the Board at (7U3) 772-2005. We request that you provide at least 48-hours notice so that proper arrangements may be made. A. OPENING CEREMONIES (3:00 P.M.) 1. Roll Call. 2. Invocation: The Reverend Larry E. Sprouse Melrose Baptist Church 3. Pledge of Allegiance to the United States Flag. B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCIAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS ® Recycled Paper 1. Recognition of Nancy Thomas, Treasurer's Office, for receiving designation as a Certified Deputy Treasurer. 2. Resolution Declaring September 14 - 15, 1993 as the 1993 Day of Caring in Roanoke County. D. PRESENTATIONS 1. Video on the Regional Wastewater Treatment Plant. (Angie McPeak, Cable TV Coordinator) E. NEW BUSINESS 1. Request for Authorization to Pursue Refunding of a Portion of the 1991 Water Revenue Bonds. (Diane Hyatt, Finance Director) 2. Approval of Implementation Agreement between the Roanoke Valley Resource Authority and the Roanoke Regional Landfill Board. (Diane Hyatt, Finance Director) 3. Request from the Roanoke Arts Commission for Donation to Support the 1994 High School Art Show. (Elmer Hodge, County Administrator) 4. Request for Authorization to Submit an Application for a Virginia Community Development Block Grant for Valley TechPark. (Tim Gubala, Economic Development Director) 5. Request from the Roanoke Regional Airport Commission for Authorization to Purchase a Rescue and Fire Fighting Vehicle. (Diane Hyatt, Finance Director) F. REQUESTS FOR WORK SESSIONS G. REQUESTS FOR PUBLIC HEARINGS H. FIRST READING OF ORDINANCES a 1. Ordinance Authorizing Conveyance of an Easement to Appalachian Power Company for Electric Service Across Roanoke County Property. (Clifford Craig, Utility Director) 2. Ordinance Amending Article IV, Sewer Use Standards of Chapter 18 of the Roanoke County Code of 1985. (Clifford Craig, Utility Director) 3. Ordinance Authorizing Acquisition of a Water and Sewer Easement from Dairymen, Inc. (Clifford Craig, Utility Director) 4. Ordinance Authorizing Conveyance of an Easement to Appalachian Power Company for Electric Service Across Vinyard Park. (Vickie Huffman, Assistant County Attorney) I. SECOND READING OF ORDINANCES 1. Ordinance Amending and Reenacting Section 12-34, Display of Decal Generally, of Article II. County Vehicle License of Chapter 12 of the Roanoke County Code to Expand the Requirement for Display of County Vehicle Decals. (Joseph Obenshain, Sr. Assistant County Attorney) 2. Ordinance Amending and Reenacting Section 10-33, Real Estate Services, Section 10-34, Professional Services, and Section 10-36, Personal and Business Service Occupations, of Article I. In General, of Chapter 10, Licenses, to Exempt Gross Receipts Less Than $3,000 from Business License Tax Liability. (Joseph Obenshain, Sr. Assistant County Attorney) J. APPOINTMENTS 1. Grievance Panel 3 2. Industrial Development Authority 3. Virginia Western Community College Board K. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WII.L BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WII.L BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. 1. Approval of Minutes -August 24, 1993 2. Acknowledgement of Acceptance of 0.16 Miles of Whipplewood Court into the Secondary System by the Virginia Department of Transportation. 3. Request for Approval of a Raffle Permit and One-Time Bingo Game from the Penn Forest Elementary School PTA. 4. Request for Approval of a Raffle Permit from the National Wild Turkey Federation. 6. Request for Approval to Hire Outside Counsel for the Cable TV Committee. L. REPORTS AND INQUIRIES OF BOARD MEMBERS M. CITIZENS' COMII~NTS AND COMMUNICATIONS N. REPORTS 1. General Fund Unappropriated Balance 4 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Police Department Activity Report 5. Fire & Rescue Reaction/Response Report O. WORK SESSION 1. Joint Work Session with School Board to Discuss Capital Planning. P. EXECUTIVE SESSION pursuant to the Code of Virginia Section 2.1-344 A (7) To discuss legal matters requiring the provision of legal advice by the County Attorney and briefings by staff members concerning contract negotiations: (a) Sigmon, Boone & Beasley cases; and (b) Litigation with Grumman Emergency Products; and Section 2.1-344 A (1) Discussion of a personnel matter; evaluation of the County Administrator. Q. CERTIFICATION OF EXECUTIVE SESSION EVENING SESSION (7:00 P.M.) R PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. Ordinance Amending and Reenacting the Zoning Classification of Roanoke County Tax Parcel Numbers 96.02-1-44 and 96.02-O1-45 from AG-1 to R-1 and the Amend the Zoning Classification of Certain Other Properties in Proximity to the Blue Ridge Parkway from AG-1 to AR. (Terry Harrington, Planning & Zoning Director) S. CITIZEN COIVIlVIENTS AND COMMiJNICATIONS T. ADJOI;fRNMENT 5 ACTION NO. ,,~~++~~ ITEM NUMBER L. " AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER MEETING DATE:, September 14, 1993 AGENDA ITEM: Recognition of Nancy Thomas, Treasurer's Office, for Receiving Designation as a Certified Deputy Treasurer COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Nancy A. Thomas was recently designated a Certified Governmental Deputy Treasurer under a program administered by the University of Virginia's Center for Public Service. The certification program takes three years and requires a combination of education and governmental experience. Ms. Thomas will be present at the September 14 meeting. ,~" Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Received ( ) Referred ( ) To ( ) Eddy Johnson Kohinke Minnix Nickens C 1 ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 14, 1993 RESOLUTION 91493-1 DECLARING SEPTEMBER 14 - 15, 1993 AS THE 1993 DAY OF CARING IN ROANORE COUNTY WHEREAS, the United Way of the Roanoke Valley has provided funding, support and encouragement to its member agencies throughout the years, allowing them to reach out to people from all walks of life during times of need; and WHEREAS, the United Way and its agencies have been supported by local government, by area business and industry, and by countless individuals, through expenditures of both time and money; and WHEREAS, the kick off for the 1993 campaign will begin with the Day of Caring, from noon on September 14 until noon on September 15, at which time employees from local businesses will help paint, repair, plant and remodel at assorted United Way Agencies throughout the Valley. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Virginia, that September 14-15 is hereby proclaimed to be the 1993 DAY OF CARING in Roanoke County; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends its appreciation to the corporate and individual citizens throughout the Valley who will be participating in the event. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None .~- A COPY TESTE: mum ~ . Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Resolutions of Appreciation File e. -._ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 14, 1993 RESOLUTION DECLARING SEPTEMBER 14 - 15, 1993 AS THE 1993 DAY OF CARING IN ROANORE COUNTY WHEREAS, the United Way of the Roanoke Valley has provided funding, support and encouragement to its member agencies throughout the years, allowing them to reach out to people from all walks of life during times of need; and WHEREAS, the United Way and its agencies have been supported by local government, by area business and industry, and by countless individuals, through expenditures of both time and money; and WHEREAS, the kick off for the 1993 campaign will begin with the Day of Caring, from noon on September 14 until noon on September 15, at which time employees from local businesses will help paint, repair, plant and remodel at assorted United Way Agencies throughout the Valley. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Virginia, that September 14-15 is hereby proclaimed to be the 1993 DAY OF CARING in Roanoke County; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends its appreciation to the corporate and individual citizens throughout the Valley who will be participating in the event. ACTION NO. ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER MEETING DATE: September 14, 1993 AGENDA ITEM: Video on the Regional Wastewater Treatment Plant COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Angela McPeak, Cable TV Coordinator, has requested five minutes during the September 14 meeting to give the Board of Supervisors an opportunity to view a video on the Regional Wastewater Treatment Plant. The video is being viewed by Roanoke City Council on September 13, 1993. Elmer C. Hodg County Administrator ---------------------------------------------------------------- ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Received ( ) Referred ( ) To ( ) Eddy Johnson Kohinke Minnix Nickens .. P AT A REGULAR MEETING OF THE. BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT. THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 14, 1993 RESOLUTION 91493-2 AUTHORIZING COUNTY TO SUBMIT A PLAN TO THE STATE COUNCIL ON LOCAL DEBT FOR REFUNDING A PORTION OF THE 1991 WATER REVENUE BONDS WHEREAS, the County of Roanoke, Virginia ("County") has issued its $59,731,873.75 Water System Revenue Bonds, Series 1991 ("Prior Bonds"); and WHEREAS, the Board of Supervisors has determined that it is advisable to authorize the County Administrator, the Director of Finance and such other officers and agents of the County as they may designate to determine the advisability and feasibility of issuing the bonds of the County in one or more series to provide funds to advance refund all or a portion of the callable Prior Bonds ("Refunding Bonds"); and WHEREAS, Section 15.1 227.46 of the Code of Virginia of 1950, as amended, requires the Board of Supervisors to submit a plan of refunding to the State Council on Local Debt ("SOLD") and to receive the approval of the SOLD before issuing bonds to advance refund the Prior Bonds: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE: 1. The Board of Supervisors authorizes the issuance and sale of the Refunding Bonds to advance refund all or a portion of the Prior Bonds upon the terms and conditions to be determined by subsequent resolution or resolutions. The Refunding Bonds shall not be issued or sold until the SOLD has approved the issuance of the Refunding Bonds. 2. The County Administrator, the Director of Finance and such officers and agents of the County as either of them may ,~ designate are authorized and directed to apply to the SCLD on behalf of the Board of Supervisors for approval of the issuance of the Refunding Bonds to refund all or a portion of the callable Prior Bonds and to take such other action as may be required to obtain SOLD approval. The County Administrator and the Director of Finance or either of them, shall determine the portions of the callable Prior Bonds to be included in the plan for advance refunding to be submitted to the SCLD for approval; provided, however, that the issuance of the Refunding Bonds and the advance refunding of the Prior Bonds as determined by such officers or officer shall produce a Present Value Savings Ratio (as defined in the State Council on Local Debt Guidelines) of not less that .03 (30). 3. This Resolution shall take effect immediately. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: Y~~.c~--- ,~ . Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Diane D. Hyatt, Director, Finance Paul M. Mahoney, County Attorney I hereby certify that the foregoing is a true and correct copy of Resolution 91493-2 authorizing the County to submit a plan to the State Council on Local Debt for refunding a portion of the 1991 Water Revenue Bonds adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, September 14, 1993. ~• Mary H. lien, Clerk Roanoke County Board of Supervisors ACTION NO. ITEM NUMBER ~ - AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 14, 1993 AGENDA ITEM: Authorization to Pursue Refunding a Portion of the 1991 Water Revenue Bonds. COUNTY ADMINISTRATOR'S COMMENTS: Recommend approval. This will result in significant savings in years beyond 2000. It will allow us to extend lines and Improve services in the County at that time. SUMMARY OF INFORMATION: The County staff and financial advisors have continued to monitor the decline in interest rates to determine if any additional money can be saved by refunding outstanding County Issues. Interest rates have now declined to the point where refunding a portion of the 1991 Water Revenue Bonds appears to be attractive at this time. Based upon current market conditions, a refunding of the 2021 Term Bond from the Water Revenue Bond Series 1991 would yield a savings in the future debt service of $2.5 million. This would equate to a net present value savings of $1.0 million. These savings would be realized over the term of this bond which is forty years. Savings through the year 2000 are minimal as this portion of the bond was structured to mature in the later years. In order for us to pursue a refunding, we must apply for approval to the State Council on Local Debt which will meet on September 15, 1993. The attached resolution will need to be presented as part of the necessary documentation to the State Council. Following your approval, we would like to pursue a negotiated sale using Alex Brown and Sons as underwriters, Wheat First Securities as financial advisors and McGuire Woods Battle & Boothe as bond council. This is the team of professionals that negotiated the original sale of the Water Revenue Bonds. By maintaining this same team, we can eliminate any duplication of effort in the refinancing process. STAFF RECOMMENDATION: Staff recommends the following: 1. Approve the attached resolution authorizing the County staff to submit a refunding proposal to the State Council on Local Debt. 2. Authorize the staff to proceed with the negotiated sale. 3. Authorize Alex Brown and Sons to serve as underwriter. 4. Authorize Wheat First Securities to serve as financial advisor. ~~ 5. Authorize McGuire Woods Battle & Boothe to serve as bond council. Respectfully submitted, Approv by, Diane D. Hyatt Elmer C. Hodge Director of Finance County Administrator ACTION VOTE Approved () Motion by: No Yes Abs Denied () Eddy _ _ _ Received () Johnson _ _ _ Referred () Kohinke _ _ To () Minnix _ _ _ Nickens 1 ~= ~! AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 14, 1993 WHEREAS, the County of Roanoke, Virginia ("County") has issued its $59,731,873.75 Water System Revenue Bonds, Series 1991 ("Prior Bonds"); and WHEREAS, the Board of Supervisors has determined that it is advisable to authorize the County Administrator, the Director of Finance and such other officers and agents of the County as they may designate to determine the advisability and feasibility of issuing the bonds of the County in one or more series to provide funds to advance refund all or a portion of the callable Prior Bonds ("Refunding Bonds"); and WHEREAS, Section 15.1 227.46 of the Code of Virginia of 1950, as amended, requires the Board of Supervisors to submit a plan of refunding to the State Council on Local Debt ("SCLD") and advance refund the Prior Bonds: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE: 1. The Board of Supervisors authorizes the issuance and sale of the Refunding Bonds to advance refund all or a portion of the Prior Bonds upon the terms and conditions to be determined by subsequent resolution or resolutions. The Refunding Bonds shall not be issued or sold until the SCLD has approved the issuance of the Refunding Bonds. 2. The County Administrator, the Director of Finance and such officers and agents of the County as either of them may designate are authorized and directed to apply to the SCLD on behalf of the Board of Supervisors for approval of the issuance of the Refunding Bonds to refund all or a portion of the callable Prior Bonds and to take such other action as may be required to obtain SCLD approval. The County Administrator and the Director of Finance or either of them, shall determine the portions of the callable Prior Bonds to be included in the plan for advance refunding to be submitted to the SCLD for approval; provided, however, that the issuance of the Refunding Bonds and the advance refunding of the Prior Bonds as determined by such officers or officer shall produce a Present Value Savings Ratio (as defined in the State Council on Local Debt Guidelines) of not less that .03 (3%). ~-/ 3. This Resolution shall take effect immediately. Adopted by the Board of Supervisors at a meeting duly called and held on September 14, 1993. t ACTION NO. A-91493-3 ITEM NUMBER ~ " ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 14, 1993 AGENDA ITEM: Approval of Implementation Agreement for the Roanoke Valley Resource Authority COUNTY ADMINISTRATOR'S COMMENTS] SUMMARY OF INFORMATION: As part of the creation of the Roanoke Valley Resource Authority, on October 23, 1991, the County of Roanoke, the City of Roanoke and the Town of Vinton signed a Distribution and Indemnification Agreement and an Assignment Agreement to specify the turnover of assets from the existing Roanoke Valley Regional Solid Waste Management Board ("Landfill Board") to the newly created Roanoke Valley Resource Authority ("Authority"). In the 1993-94 budget process of the Landfill Board and the Authority, it was anticipated that effective October 1, 1993 the Authority would become responsible for the solid waste disposal operations. It now appears that the actual opening of the new landfill will be some time in November 1993. In order to facilitate the planning for the conversion of the Landfill assets and employees, the attached agreement was developed by the Landfill Board and Authority in order to use October 1, 1993 as the effective day of conversion even though the actual opening of the new facility will be delayed by several weeks. By using this vehicle we can transfer all the existing employees and assets in coordination with the already approved budgets of the Authority and the Landfill Board. This document anticipates transferring a total of $9.5 million to the Resource Authority to be broken down into a closure reserve for the existing landfill ($5.5 million), a post closure care reserve for the existing landfill ($2 million), and a reserve to be used by the City, County, and Town as a credit on tipping fees ($2 million). At the completion of final audit for the Landfill Board, any remaining funds will be transferred to the Authority. The Landfill Board and the Resource Authority have approved the attached implementation agreement. This document also needs to be approved by the City of Roanoke, the County of Roanoke and the Town of Vinton. -2i STAFF RECOMMENDATION: Staff recommends approval of the attached implementation agreement to transfer all personal equipment and assets of the Landfill Board to the Resource Authority effective October 1, 1993. Respectfully submitted, Approved by, /~ Diane D. Hyatt Elmer C. Hodge Director of Finance County Administrator ---------------------------------------------------------------- Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: Motion by Harry C. Nickens to approve agreement VOTE No Yes Abs Eddy x Johnson x Kohinke x Minnix x Nickens x cc: File Diane D. Hyatt, Director, Finance Gardner W. Smith, Chairman, RVRA John H. Parrott, Chairman, RVRSWMG Mary F. Parker, Clerk, Roanoke City Council Carolyn S. Ross, Clerk, Town of Vinton Council ROANOKE VALLEY RESOURCE AUTHORITY "~ 3433 Brambleton Avenue, SW Roanoke, Virginia 24018 (703) 772-2130 August 24, 1993 Mr. Elmer C. Hodge County Administrator County of Roanoke P.O. Box 29800 Roanoke, VA 24018 Dear Mr. Hodge: As you may recall, the Resource Authority has been working toward a transfer of operations from the Regional Landfill to the Resource Authority, prior to the end of the current year. Both Boards, in coordination with their legal advisors, have developed an implementation plan for smooth transition. The Regional Landfill Board and the Roanoke Valley Resource Authority have approved the attached Implementation Agreement to transfer all personnel, equipment, assets and responsibilities of the current landfill board to the Resource Authority. This agreement is in accordance with the Member Use Agreement and must be approved by all charter members. The Implementation Agreement is hereby submitted to each member jurisdiction for consideration and approval. Approval is requested no later than September 30, 1993, as established by the Agreement. Your consideration of this matter will be appreciated. Sincerely, .~ Gardner W. Smith Chairman, Roanoke Valley Resource Authority ..~~'i Implementation Agreement For (i) Distribution and Indemnification Agreement dated October 23, 1991 and (ii) Assignment Agreement dated October 23, 1991 This Implementation Agreement is entered into this _ day of , 1993, by and between the Roanoke Valley Regional Solid Waste Management Boazd ("Boazd"), the City of Roanoke ("City"), the County of Roanoke ("County"), the Town of Vinton ("Town") and the Roanoke Valley Resource Authority as successor to the Roanoke County Resource Authority ("RVRA"). Whereas, by Distribution and Indemnification Agreement dated October 23, 1991, ("Distribution Agreement"), the parties agreed that Board personnel would be given the opportunity to become employees of the RVRA and that all equipment, vehicles, and personal property of the Board, excluding financial assets, would be transferred to the RVRA upon certain terms and conditions; and, Whereas, by Assignment Agreement dated October 23, 1991, ("Assignment Agreement"), the parties agreed to the transfer by the Board to the RVRA of certain funds upon certain conditions; and, Whereas, the parties desire herein to provide for implementation of such Distribution Agreement and Assignment Agreement as of October 1, 1993, including: (i) if necessary, the operation by the RVRA of the existing Boazd landfill facilities after October 1, 1993; (ii) closure of the existing Board landfill facilities by the RVRA; (iii) post-closure activities for the existing Board landfill to be undertaken by the RVRA; and, (iv) the funding for such activities; and, Whereas, in accordance with the Distribution Agreement: (i) the RVRA has been created as successor to the Roanoke County Resource Authority; (ii) the RVRA has determined that Board employees will be needed as of October 1, 1993; and, (iii) the Boazd has determined that Boazd employees will be available as of October 1, 1993; and, Whereas, in accordance with the Assignment Agreement, the Board, and the City, County, and Town have determined and agreed that: (i) remaining unencumbered Board funds of $ 5,500,000.00 aze needed for closure of the existing landfill; (ii) an escrow account of $ 2,000,000.00 has been identified and established as having appropriate financial resources for post-closure responsibilities at the existing Boazd landfill facility; and, (iii) remaining unencumbered Boazd funds of $ 2,000,000.00 are not needed for closure of the existing landfill or expansion and closure of a new azea; it being understood and agreed that all estimates aze subject to the Board's final financial audit upon cessation of the existing landfill operations and determination of final closure and post-closure estimates. Therefore, for good and valuable consideration, including the mutual promises previously agreed to as well as those set forth herein, the parties agree as follows: 1. The Board has determined that Board employees in good standing as of October 1, G~ " Implementation Agreement page 2 July 23, 1993 1993, are available to be employed by the RVRA and the RVRA has determined that said employees are needed, and therefore, said employees, with their agreement, shall have the opportunity to become employees of the RVRA as of October 1, 1993, being subject to any rules and regulations as may be adopted by the RVRA, as set forth in the Distribution Agreement. 2. The Board and the City, County, and Town have determined that all of the equipment, vehicles, and personal property listed on Exhibit A attached hereto and incorporated herein are free and clear of all security interests, liens, claims, obligations or encumbrances of any sort and are available to be transferred to the RVRA and are not needed to be retained by the Board and the RVRA has determined and agreed to accept said equipment, vehicles, and personal property; therefore, said equipment, vehicles, and personal property shall be transferred and conveyed to the RVRA as of October 1, 1993. The value of the equipment, vehicles, and personal property transferred hereunder shall be established by mutually acceptable independent appraisal. 3. As of October 1, 1993, in the event the RVRA landfill facilities are not open and in full operation, and it is necessary for the existing Board landfill facilities to remain in operation, the Board and the City, County, and Town hereby authorize the RVRA and the RVRA hereby agrees to operate the existing Board landfill facilities in accordance with Board policies and procedures until such time as the RVRA landfill facilities are open and in full operation. RVRA shall be entitled to retain all revenues collected from the operation of the Board landfill during such period as payment in full for agreeing to undertake such operation. 4. As of October 1, 1993, or such later date that the RVRA landfill facilities are open and in full operation, the Board and the City, County, and Town hereby authorize the RVRA and RVRA agrees to engage in appropriate closure and post-closure activities for the existing Board landfill facilities in accordance with applicable law. 5. The Board and the City, County, and Town have determined that $ 5,500,000.00 constitutes unencumbered financial assets of the Board that are necessary for the closure of the Board's existing landfill and such funds are hereby conveyed and transferred to the RVRA to be used solely for such purpose until: (i) such time as the funds in the account are depleted; or, (ii) the RVRA determines that the account is no longer needed for its intended purpose, in which case, any funds remaining in the account shall be available for use by the RVRA for any authorized purpose. It is recognized and agreed that RVRA will retain complete discretion to determine whether City, County, and Town will receive any or no credit towards tipping fees at the RVRA landfill facility for the transfer of the funds identified in this paragraph. 6. The Board and the City, County, and Town have determined that $ 2,000,000.00 constitutes appropriate financial resources for post-closure activities at the existing Board landfill and such funds are hereby conveyed and transferred to the RVRA to be held as a separate account solely for such post-closure activities at the existing Board landfill, or closure of the existing Board landfill if determined to be necessary by the RVRA, until: (i) such time as the Implementation Agreement page 3 July 23, 1993 funds in the account are depleted; or, (ii) the RVRA determines that the account is no longer needed for its intended purpose, in which case, any funds remaining in the account shall be available for use by the RVRA for any authorized purpose. It is recognized and agreed that RVRA will retain complete discretion to determine whether City, County, and Town will receive any or no credit towards tipping fees at the RVRA landfill facility for the transfer of the funds identified in this paragraph. 7. The Board and the City, County, and Town have determined that $ 2,000,000.00 constitutes the remaining unencumbered financial assets of the Board that are not necessary for the closure of the Board's existing landfill or post-closure activities and such funds are hereby conveyed and transferred to the RVRA to be used for any authorized purpose. It is intended that City, County, and Town may receive credit towards the tipping fees at the RVRA facility up to the amount of funds transferred to RVRA pursuant to this paragraph as well as for the value of the equipment, vehicles, and personal property transferred pursuant to paragraph 2 above, such credit to be allocated in a manner acceptable to City, County, and Town. Board, City, County, and Town agree that: (i) RVRA reserves the right to adjust the amount and scheduling of such credits as RVRA shall deem necessary; and, (ii) City, County, and Town will receive no credit towards tipping fees at the RVRA landfill facility for that portion of the funds transferred to RVRA pursuant to this paragraph that may later be determined to be necessary for use by RVRA for closure or post-closure activities at the existing Board landfill facility, but only to the extent credit for the transfer of such funds has not already been given. 8. The Board shall remain fully liable and responsible for all claims and obligations against the Board except as otherwise agreed, including, without limitation, Board worker's compensation and personnel related claims invoiced before October 1, 1993, and shall retain appropriate funds to satisfy such claims until completion of the final Board audit. RVRA shall be responsible for all personnel claims arising after October 1, 1993. After completion of the final Board audit, any remaining funds previously identified and retained by the Board for payment of outstanding claims and liabilities will be transferred to the RVRA in accordance with this agreement. 9. RVRA hereby accepts the conveyance and transfer of equipment, vehicles, personal property, and funds as set forth and on the terms and conditions described herein. 10. The parties hereto intend that such actions shall be taken as are deemed necessary to implement the Distribution Agreement and Assignment Agreement. .~'" Implementation Agreement page 4 July 23, 1993 WITNESS the following signatures: Ro ke Valley ~ Tonal Solid W ~ ~ snag a Board By• > ~~~ Its: (~~ Title: Attest: Roanoke Valley Resource Authority By: G er Smith Its:_Chairman . City of Roanoke By: Its: County of Roanoke By: Its: Town of Vinton By: Attest: ~~ Carolyn agner Title: ~~ ~~ ~ ~{ Attest: Title: Attest: Title: Attest: Its: Title: ~~ Implementation Agreement page 4 July 23, 1993 WITNESS the fallowing signatures: Ro ke Valley ~ Tonal Solid W ~t anag a Board Bye ~ Its: ~ Roanoke Valley Resource Authority By: Smith Its: C ailt~~r~ City of Roanoke By: Its: County of Roanoke By: Its: Town of Vinton sy: Its: Attest: Title: ~~RS~>rn~Q~d~~ ~~, .$~titi~ Attest: Carolyn agner ~'itle: ~1 ~ ~tr. Attest: Title: Attest: Title: Attest: Title: Y . .r. AT A MEETING OF THE ROANOKE VALLEY RESOURCE AUTHORITY HELD AT THE BRAMBLETON CORPORATE CENTER ON THURSDAY AUGUST 19, 1993 RESOLUTION No. RA -7 A RESOLUTION AUTHORIZING THE IlVIPLEMENTATION AGREEMENT FOR THE TRANSFER AND ASSIGNMENT OF ASSETS AND OTHER RIGHTS AND OBLIGATIONS FROM THE EXISTING LANDFILL AND MEMBER JURISDICTIONS TO THE AUTHORITY UPON CERTAIN TERMS AND CONDITIONS BE IT RESOLVED by the Roanoke Valley Resource Authority that the Authority Chairman and Secretary are authorized to execute and attest, respectively, on behalf of the Authority, in form approved by General Counsel, the Implementation Agreement for Distribution and Indemnification Agreement, and Assignment Agreement, dated October 23, 1991, providing for the transfer and assignment of certain assets and other rights and obligations by the Roanoke Valley Solid Waste Management Board and the member jurisdictions to the Authority, such agreement to include such terms and conditions as may be deemed to be in the best interests of the Authority, all as more particularly set forth in the report by the Chief Executive Officer to this Board dated August 19, 1993; and, BE IT FURTHER RESOLVED THAT the Authority Chairman shall be authorized to forward the Implementation Agreement to the other signatory parties for approval and execution. ATTEST: ~ ~ ~~~~~ ~ ~ s~~~x-~-L Secretary R Ms. Hyatt made a motion to approve resolution RA93-75 authorizing the Implementation Agreement for the Transfer and Assignment of assets and other rights and obligations from the existing landfill and member jurisdictions to the Authority upon certain terms and conditions, seconded by Ms. Wimmer, and carried by the following recorded vote: AYES: Mr. Benninger, Ms. Hyatt, Mr. Kiser, Ms. Schefsky, Ms. Wimmer, Mr. Smith NAYS: None ABSENT: Mr. Parrott measures~mplemnt. agr A-91493-4 (DENIED) ACTION NO. ITEM NUMBER ~ ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 14, 1993 AGENDA ITEM: Request from Roanoke Arts Commission for Donation to Support 1994 High School Art Show COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Roanoke Arts Commission has requested a contribution from the County of Roanoke to support the 1994 High School Art Show. The High School Art Show is open to students across the Valley and at the 1993 Show, many of the winners were County students. They have received a $500 donation from the City of Salem School Division. This request was originally received during the budget process and was denied. It is now being resubmitted for consideration. STAFF RECOMMENDATION: It is recommended that the Board approve a donation of $500 from the Board Contingency Fund to support the 1994 High School Art Show. Appro d by, -y.,.,/ Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Motion by Harry C. No Yes Abs Denied ( ) Nickens to deny request for Eddy x Received ( ) funding Johnson x Referred ( ) Kohinke x To ( ) Minnix x Nickens x cc: File Diane D. Hyatt, Director, Finance. Dr. Bayes Wilson, Superintendent, Roanoke County Schools l ~ f AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TIIESDAY, SEPTEMBER 14, 1993 RESOLUTION 91493-5 FOR AUTHORIZATION TO SUBMIT A REQUEST FOR A VIRGINIA COMMUNITY DEVELOPMENT BLOCK GRANT WHEREAS, Roanoke County desires to apply for $700,000 of Virginia Community Development Block Grant funds for the Valley TechPark Development Project, and WHEREAS, $450,000 of Virginia Department of Transportation (VDOT) Industrial Access funds, $39,750 of VDOT Excess Revenue Sharing funds, $85,000 from the County Utility fund, $21,473 from Departmental Capital Budget fund, and $143,387 of a Roanoke County citizen approved bond fund referendum will also be expended on this project, and WHEREAS, it is projected that 150 jobs will benefit the citizens of both the New River Valley and Roanoke Valley, and WHEREAS, up to 120 jobs will be held by low- and moderate- income persons, and WHEREAS, citizens participation requirements have been complied with through two duly publicized public hearings. NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the Roanoke County Board of Supervisors hereby authorizes the County Administrator to sign and submit all appropriate documents necessary to constitute an application for 1993 Virginia Community Development Block Grant funds. On motion of Supervisor Kohinke to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: ~cz_.~c~-. ~ . ~/ Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Timothy W. Gubala, Director, Economic Development I hereby certify that the foregoing is a true and correct copy of Resolution 91493-5 for authorization to submit a request for a Virginia Community Development Block Grant adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, September 14, 1993. ~~-~ ~ . ~ Mary H. Allen, Clerk Roanoke County Board of Supervisors Item No. ~- 7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER IN ROANOKE, VA ON TUESDAY, MEETING DATE: September 14, 1993 AGENDA ITEM: Request for authorization to submit a request for a Virginia Community Development Block Grant COUNTY ADMINISTRATORS COMMENTS: BACRGROUND• The development of Valley TechPark is proceeding. A preliminary site plan and road profiles have been prepared and are under review and comment by the County staff and Virginia Department of Transportation (VDOT). Roanoke County has obtained an allocation from the Commonwealth Transportation Board for $450,000 in industrial access funds. These funds will fund a portion of the cots of Phase I road construction into Valley TechPark. The Board of Supervisors has also requested (August 24, 1993) that excess VDOT revenue sharing funds in the amount of $60, 000 be used for entrance improvements to Valley TechPark on Route 11/460. Utility funds in the amount of $85,000 from the water treatment plant (sewer extension) project and south transmission (water) line project will assist in the site development of Valley TechPark. The Virginia Department of Transportation will oversee the construction of the industrial access road. Requests for construction bids are scheduled to be advertised in October 1993 with an awarding of contract by December. Road construction should begin in January 1994. Another source of public funds to leverage Roanoke County's $750,000 bond funds in the Virginia Community Development Block Grant Program. Roanoke County is eligible to compete for $700,000 of state funds that will assist in additional site development for extending the industrial access road, improving storm drainage, extending public water and sewer and providing for area grading. The Economic Development staff requests authorization to file an application for Virginia Community Development Block Grant funds. E- FISCAL IMPACT• Successful grant award will provide $700,000 towards site development costs for Valley TechPark. STAFF RECOMMENDATION: Economic Development staff recommends that the Board of Supervisors approve the attached resolution and apply for $700,000 of Community Development Block Grant funds. Respectfully submitted: Approved: ~~ Timo by W. G bala, Director Elmer C. Hodge Economic Development Department County Administrator ---------------------------------------------------------------- ACTION No Yes Abs Approved ( ) Denied ( ) Received ( ) Referred to Motion by: Eddy Johnson Kohinke Minnix Nickens Attachment ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 14, 1993 RESOLUTION FOR AUTHORIZATION TO SUBMIT A REQUEST FOR A VIRGINIA COMMUNITY DEVELOPMENT BLOCK GRANT WHEREAS, Roanoke County desires to apply for $700,000 of Virginia Community Development Block Grant funds for the Valley TechPark Development Project, and WHEREAS, $450,000 of Virginia Department of Transportation (VDOT) Industrial Access funds, $60,000 of VDOT Excess Revenue Sharing funds, $85,000 from the County Utility fund, and $750,000 of a Roanoke County citizen approved bond fund referendum will also be expended on this project, and WHEREAS, it is projected that 150 jobs will benefit the citizens of both the New River Valley and Roanoke Valley, and WHEREAS, up to 120 jobs will be held by low- and moderate- income persons, and WHEREAS, citizens participation requirements have been complied with through two duly publicized public hearings. NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the Roanoke County Board of Supervisors hereby authorizes the County Administrator to sign and submit all appropriate documents necessary to constitute an application for 1993 Virginia Community Development Block Grant funds. M 7 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATOR CENTER ON TUESDAY, SEPTEMBER 14, 1993 RESOLUTION 91493-6 APPROVING A SPECIFIC CAPITAL EXPENDITURE FOR THE ACQUISITION BY THE ROANORE REGIONAL AIRPORT COMMISSION OF AN AIRCRAFT RESCUE AND FIRE FIGHTING VEHICLE WHEREAS, Section 17.(b) of the contract between Roanoke County, the City of Roanoke and the Roanoke Regional Airport Commission provides that the Commission shall prepare and submit for approval any proposed capital expenditure exceeding $100,000.00 to benefit five or more future accounting periods; and WHEREAS, by report dated August 31, 1993, a copy of which is on file in the Office of the Clerk to the Board, the Roanoke Regional Airport Commission has submitted a request that the County approve a certain capital expenditure by the Commission for the purchase or rehabilitation of an aircraft rescue and fire fighting vehicle in the total amount of $270,000. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia that this Board hereby approves the capital expenditure by the Roanoke Regional Airport Commission of $270,000 in connection with the purchase or rehabilitation of an aircraft rescue and fire fighting vehicle, and the County Administrator and Clerk to the Board are authorized to execute and attest, respectively, on behalf of the County, any additional documentation, in form approved by the County Attorney, necessary to evidence said approval, as more particularly set forth in the report to this Board on this subject from the Roanoke Regional Airport Commission dated August 31, 1993, a copy of which is on file in the Office of the Clerk to the Board. f J On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Diane D. Hyatt, Director, Finance Jacqueline L. Shuck, Executive Dir, Roanoke Regional Airport Paul M. Mahoney, County Attorney Mary F. Parker, Clerk, Roanoke City Council ACTION NO. ITEM NUMBER E -~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 14, 1993 AGENDA ITEM: Approval of Capital Expense for Roanoke Regional Airport Commission COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: According to the contract between the City of Roanoke, Roanoke County and the Roanoke Regional Airport Commission any capital expenditure in excess of $100,000 must be approved by the Council of the City of Roanoke and the Board of Supervisors of the County. SUMMARY: Roanoke Regional Airport Commission would like to acquire one 1,500 gallon aircraft rescue and fire fighting vehicle to replace or rehabilitate a similar vehicle which has reached the end of its useful life, or to rehabilitate the old truck, if feasible. The cost of this vehicle is $270,000. The Federal Government will reimburse the Commission for 90% of the cost of the acquisition or rehabilitation and the State will reimburse the Commission for 5% of the cost. The remaining funds are available within the existing funds of the Airport Commission. ALTERNATIVES AND IMPACT: The agreement between the City of Roanoke, Roanoke County and the Airport Commission requires a contribution from the County of Roanoke only if the Airport Commission ends the year in a deficit situation. Since necessary monies are available in the retained earnings of the Airport Commission, this purchase should not produce a deficit in the operations; therefore, there would be no additional monies required from the County of Roanoke. RECOMMENDATION: Staff recommends approving the attached resolution which authorizes the Airport Commission to proceed with the purchase of a $270,000 fire fighting vehicle, or to rehabilitate the old vehicle. ,~ Respectfully submitted, Diane D. Hyatt Director of Finance Approve by, ,-~.~ Elmer C. Hodge County Administrator ACTION VOTE Approved () Motion by: No Yes Abs Denied () Eddy _ _ _ Received () Johnson _ _ _ Referred () Kohinke _ _ _ To () Minnix _ _ _ Nickens AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATOR CENTER ON TUESDAY, SEPTEMBER 14, 1993 RESOLUTION APPROVING A SPECIFIC CAPITAL EXPENDITURE FOR THE ACQUISITION BY THE ROANOKE REGIONAL AIRPORT COMMISSION OF AN AIRCRAFT RESCUE AND FIRE FIGHTING VEHICLE WHEREAS, Section 17.(b) of the contract between Roanoke County, the City of Roanoke and the Roanoke Regional Airport Commission provides that the Commission shall prepare and submit for approval any proposed capital expenditure exceeding $100,000.00 to benefit five or more future accounting periods; and WHEREAS, by report dated August 31, 1993, a copy of which is on file in the Office of the Clerk to the Board, the Roanoke Regional Airport Commission has submitted a request that the County approve a certain capital expenditure by the Commission for the purchase or rehabilitation of an aircraft rescue and fire fighting vehicle in the total amount of $270,000 THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia that this Board hereby approves the capital expenditure by the Roanoke Regional Airport Commission of $270,000 in connection with the purchase or rehabilitation of an aircraft rescue and fire fighting vehicle, and the County Administrator and Clerk to the Board are authorized to execute and attest, respectively, on behalf of the County, any additional documentation, in form approved by the County Attorney, necessary to evidence said approval, as more particularly set forth in the report to this Board on this subject from the Roanoke Regional Airport Commission dated August 31, 1993, a copy of which is on file in the Office of the Clerk to the Board. Airport Commission Bob L, Johnson, Chairman Kit B. Kiser, Vice Chairman W. Robert Herbert H, Odell Minnix 5202 Aviation Drive Roanoke, Virginia 2401 2-1 1 48 (703) 362-1999 FAX (703) 563-4838 Jacqueline L. Shuck, Executive Director Honorable Chairman and Members Roanoke County Board of Supervisors Dear Gentlemen: ~ S August 31, 1993 ~Raava~ 1[LUVI W"'1L a~oar SUBJECT: Roanoke Regional Airport Purchase of Lift Device, Engineering Services for Airfield Signage and ARFF Vehicle As you are aware, Section 17(b) of the contract between the City of Roanoke, Roanoke County, and the Airport Commission requires any capital expenditure over $100,000 be approved by the Board of Supervisors of Roanoke County and the Council of the City of Roanoke. This letter is to respectfully request that the Roanoke County Board of Supervisors adopt a resolution approving the capital expenditure by the Roanoke Regional Airport Commission of approxi- mately $270,000 necessary to acquire one 1500 gallon aircraft rescue and fire fighting ("ARFF") vehicle to replace a similar vehicle which has reached the end of its useful life, or to rehabilitate the old truck, if such rehabilitation is feasible and would be in the best interests of the Commission. A federal grant is expected in September which would reimburse the Commission for 90 % of the cost of either the acquisition or the rehabilitation, the State will reimburse the Commission for 5 % of said cost, and the Commission has funds available for the remaining cost. Therefore, the County will not be responsible for any part of the purchase price. If you require any further information, I would be happy to supply it. Tl-iark you very much for your assistance. JLS : csp cc: Commission Members County Attorney County Clerk Commission Treasurer Respectfully submitted, Jacqueline L. Shuck Executive Director csp083193.h Comm\county.ltr f~ ~, ~ ,' Item No. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER IN ROANOKE, VA ON TUESDAY, MEETING DATE: September 14, 1993 AGENDA ITEM: Request for authorization to submit a request for a Virginia Community Development Block Grant COUNTY ADMINISTRATOR'S COMMENTS: BACRGROUND• The development of Valley TechPark is proceeding. A preliminary site plan and road profiles have been prepared and are under review and comment by the County staff and Virginia Department of Transportation (VDOT). Roanoke County has obtained an allocation from the Commonwealth Transportation Board for $450,000 in industrial access funds. These funds will fund a portion of the cots of Phase I road construction into Valley TechPark. The Board of Supervisors has also requested (August 24, 1993) that excess VDOT revenue sharing funds in the amount of $39, 750 be used for entrance improvements to Valley TechPark on Route 11/460. Utility funds in the amount of $85,000 from the water treatment plant (sewer extension) project and south transmission (water) line project will assist in the site development of Valley TechPark. The Virginia Department of Transportation will oversee the construction of the industrial access road. Requests for construction bids are scheduled to be advertised in October 1993 with an awarding of contract by December. Road construction should begin in January 1994. Another source of public funds to leverage Roanoke County's $750,000 bond funds in the Virginia Community Development Block Grant Program. Roanoke County is eligible to compete for $700,000 of state funds that will assist in additional site development for extending the industrial access road, improving storm drainage, extending public water and sewer and providing for area grading. The Economic Development staff requests authorization to file an application for Virginia Community Development Block Grant funds. FISCAL IMPACT• Successful grant award will provide development costs for Valley TechPark. STAFF RECOMMENDATION: $700,000 towards site Economic Development staff recommends that the Board of Supervisors approve the attached resolution and apply for $700,000 of Community Development Block Grant funds. Respectfully submitted: Tim thy W. Gu ala, Director Economic Development Department Approved: Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION No Yes Abs Approved Denied Received Referred to ( ) Motion by: ( ) ( ) Eddy Johnson Kohinke Minnix Nickens Attachment AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 14, 1993 RESOLUTION FOR AUTHORIZATION TO SUBMIT A REQUEST FOR A VIRGINIA COMMUNITY DEVELOPMENT BLOCK GRANT WHEREAS, Roanoke County desires to apply for $700,000 of Virginia Community Development Block Grant funds for the Valley TechPark Development Project, and WHEREAS, $450,000 of Virginia Department of Transportation (VDOT) Industrial Access funds, $39,750 of VDOT Excess Revenue Sharing funds, $85,000 from the County Utility fund, $21,473 from Departmental Capital Budget fund, and $143,387 of a Roanoke County citizen approved bond fund referendum will also be expended on this project, and WHEREAS, it is projected that 150 jobs will benefit the citizens of both the New River Valley and Roanoke Valley, and WHEREAS, up to 120 jobs will be held by low- and moderate- income persons, and WHEREAS, citizens participation requirements have been complied with through two duly publicized public hearings. NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the Roanoke County Board of Supervisors hereby authorizes the County Administrator to sign and submit all appropriate documents necessary to constitute an application for 1993 Virginia Community Development Block Grant funds. ACTION # ITEM NUMBER H" AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE.ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 14, 1993 AGENDA ITEM: First Reading of an Ordinance Granting Appalachian Power Company Rights of Way and Easements within Roanoke County Property COUNTY ADMINISTRATOR'S COMMENTS: ~~nu~~ QQQQ EXECUTIVE SUMMARY' This is the first reading of the proposed ordinance to grant Appalachian Power Company rights of way and easements within Roanoke County property to serve the County Water System. BACKGROUND' On August 23, 1993 Appalachian Power Company requested authorization from Roanoke County to commence construction of a line to serve Roanoke County wells located at 7826 Five Oaks Road situated in the Windsor Hills District. SUMMARY OF INFORMATION: The purpose of this agreement is to grant and convey to Appalachian Power Company rights of way and easements with the right to construct, erect, install, operate, maintain, renew and remove or add a line or lines for the purpose of transmitting electric power overhead including electric service lines and extensions through the property of Roanoke County to serve the County water system at 7826 Five Oaks Road. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors approve the first reading of an Ordinance granting Appalachian Power Company the rights of way and easements within the County property at the site of 7826 Five Oaks Road for the sum of $1.00. ~../_ / SUBMITTED BY: ~ ~ °. C~ -~ Clifford i , P.E. Utility Director APPROVED: E mer C. Hodge County Administrator Approved ( ) Denied ( ) Received ( ) Referred to Motion by: ACTION VOTE No Yes Abs Eddy Johnson Kohinke Minnix Nickens f-/- / W. O. No. 750-0011 Job No. 93-2057 THIS AGREEMENT, made this 23rd day of August, 1993, by and between BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, herein called "GRANTORS"; and APPALACHIAN POWER COMPANY, a Virginia corporation, herein called "Appalachian"; and ELMER C. HODGE, COUNTY ADMINISTRATOR OF ROANOKE COUNTY, VIRGINIA, a party of the third part. W I T N E S S E T H: THAT for and in consideration of the sum of ONE DOLLAR ($1.00), cash in hand paid to Grantors by Appalachian, the receipt whereof is hereby acknowledged, Grantors hereby grant and convey to Appalachian, its successors and assigns, rights of way and easements with the right, privilege, and authority to Appalachian, its successors and assigns to construct, erect, install, operate, maintain, renew, and remove a line or lines, for the purpose of transmitting electric power overhead, including electric service lines and extensions therefrom, in, on, along, over, through, or across the lands of the Grantors situated in The Windsor Hills District, County of Roanoke. Being a right of way for a overhead line across Grantors well lot located at 7826 Five Oaks Road. Said right of way shown on Appalachian Power Company Drawing No. R-3006 dated 8-19-93 entitled proposed right of way on property of Board of Supervisors of Roanoke County attached hereto and made a part hereof. TOGETHER with the right to Appalachian, its successors, and assigns, to install, place, erect, maintain, inspect, repair, renew, add to the number of, and relocate at will, poles, with crossarms, guys, anchors or fixtures, and string wires and 2 ~_~ cables, adding thereto from time to time, across, through or over the above referred to premises; the right to cut, trim and/or otherwise control any trees or overhanging branches which may interfere with or endanger the safety or use of said poles, crossarms, guys, anchors, fixtures, wires or cables; and the right of ingress and egress to and over said above referred to premises, and any of the adjoining lands of the Grantors at any and all times, for the purpose of installing, placing, erecting, maintaining, inspecting, repairing, renewing and removing its poles, crossarms, guys, anchors, fixtures, and appurtenances, and for the purpose of adding to the number thereof, and for doing anything necessary or useful or convenient for the enjoyment of the easement herein granted; also the privilege of removing at any time any or all of said improvements erected or installed in, on, along, over, through, or across the above referred to premises as may be required by Appalachian for the full enjoyment or relinquishment of the rights herein granted. Appalachian will indemnify and save the Grantor harmless against any and all loss or damage, accidents or injuries, to persons or property, whether of the Grantor or of any other persons or corporations arising in the manner from the negligence of Appalachian in the construction, operation, or maintenance, or failure to properly construct, operate, or maintain its facilities installed upon the right of way granted by this agreement. Elmer C. Hodge, County Administrator of Roanoke County, Virginia, party of the third part, joins in the execution of this instrument to signify the conveyance by said Board of Supervisors of the real estate conveyed herein pursuant to Ordinance No. adopted by the Board of Supervisors of Roanoke County. TO HAVE AND TO HOLD the same unto Appalachian Power Company, its successors and assigns. 3 ~"/ _ / It is agreed that the foregoing is the entire contract between the parties hereto, and that this written agreement is complete in all its terms and provisions. WITNESS the following signatures and seals. BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA By Elmer C. Hodge County Administrator of Roanoke County, Virginia STATE OF VIRGINIA) COUNTY OF ROANOKE) TO-WIT: The foregoing instrument was acknowledged before me this day of , 1993, by ELMER C. HODGE, County Administrator of Roanoke County, Virginia. NOTARY PUBLIC My Commission Expires: ROAC03.WPF MAP SECT. 3780- 346 D C .N .~ rn N N -~ EX/ST/NG C 8 P POL E 346 - 60/6 EX/ST/NG RILE 346 - 60// COUNTY OF ROANOKE VIRGINIA WINDSOR HELLS MAGISTERIAL DIST. T. D. 66 5000 %~~~ ~'/ '. TRACT 7 O WELL S O P/~POSED FTX j ~~ 346 - 60/7 ~4~ ''~a ~' ~ ~ OP ~ ~ F~V ~- DIETZUEN IJ9~MJ GTO a9J9F/:100/IR~06 /-~ - AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 14, 1993 ORDINANCE AIITHORIZING CONVEYANCE OF AN EASEMENT TO APPALACHIAN POWER COMPANY FOR ELECTRIC SERVICE ACROSS PROPERTY OWNED BY THE BOARD OF SUPERVISORS WHEREAS, on June 23, 1993, the Board of Supervisors acquired a tract of land consisting of 13.744 acres, more or less, located at 7826 Five Oaks Road in the County of Roanoke, Virginia, for the purpose of installing a series of wells to increase water supply and improve the County water system; and, WHEREAS, Appalachian Power Company (APCO) requires certain rights of way and easements across a section or sections of said property to provide electric service for the water system, and has specifically requested donation of an easement, forty feet (40') in width, running in an easterly direction from U.S. Route 221 through the approximate center of said property, as shown on APCO Drawing No. R-3006, dated August 19, 1993, to serve the public wells; and, WHEREAS, the proposed right of way, and certain future easements which may be required across the property to provide electric service for the County water system, will serve the interests of the public and are necessary for the public health, safety, and welfare of citizens of the County of Roanoke. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on September 14, 1993; and a second reading mac hcl~ nn Rcntcmhcr 7A 1QQ~_ ~ - 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be conveyed are hereby declared to be surplus, and are hereby made available for other public uses by conveyance to Appalachian Power Company for the provision of electrical service in connection with the County water system. 3. That donation of a right-of-way, forty feet (40') in width, running in an easterly direction from U.S. Route 221 through the approximate center of the County property located at 7826 Five Oaks Road, to Appalachian Power Company is hereby authorized. 4. That donation of certain future rights-of-way and easements to Appalachian Power Company which may be necessary upon or across the County property located at 7826 Five Oaks Road for the provision of electric service to serve the County water system is hereby authorized, upon review and recommendation by the Director of the Roanoke County Department of Utilities, and upon concurrence of the Board of Supervisors by resolution. 5. That the County Administrator is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 6. That this ordinance shall be effective on and from the date of its adoption. 1 ACTION # ITEM NUMBER "7~ ~~` AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 14, 1993 AGENDA ITEM: First Reading of Ordinance Amending Article IV, Sewer Use Standards, of Chapter 18 of the Roanoke County Code of 1985 i ~ ~ COUNTY ADMINISTRATOR S COMMENTS: ~/ / ~,~.,r ~~2.-c.~-c a-/"~ ors- ~ ,~/~,%~~~~~ .. ~ /,may ,•c..c>c. BACKGROUND : ~'~ ~~~~~ ~ ~~'~~-~- ~.~°„'", The 1972 Sewage Treatment Agreement between Roanoke City and Roanoke County requires the County to adopt such ordinances and regulations that conform to those adopted by the City of Roanoke as they pertain to Sewer Use Standards. The County of Roanoke adopted Ordinance 62486-146 on June 24, 1986 and Ordinance 91289-14 amending Ordinance 62486-146 on September 12, 1989 and Ordinance 111919-13 amending Ordinance 91289-14 on November 19, 1991 in order to meet the above requirements. Recent requirements of the Department of Environmental Quality (DEQ) and U.S. Environmental Protection Agency have required the City of Roanoke to amend their Sewer Use Standards. SUMMARY OF INFORMATION: Attached is the proposed amendment to the Roanoke County Sewer Use Standards that are required so that our Ordinance conforms to the form and intent of the City of Roanoke Ordinance. The amendments are minor in nature and will not have a significant effect on sewer use within Roanoke County. The requirement of a control manhole for non-residential users has been specifically addressed to avoid confusion. ALTERNATIVES AND IMPACTS: Alternative One - Adopt the Ordinance as presented which requires a control manhole on non-residential users or facilities. Impact: - This alternative will provide clarification to the requirement of the Ordinance to specifically regulate all facilities with the potential to discharge non-residential waste. F , Alternative Two - Adopt the Ordinance without the requirement to provide a control manhole on non-residential users or facilities. Impact - Requirement for control manhole will not be clear and Staff will not be able to enforce the provision of the Ordinance. Alternative Three - Adopt the Ordinance as stated in Alternative Two and contract with the City of Roanoke to administer the provisions of the Sewer Use Ordinance. Impact - Requirements and enforcement will be identical in both the City and County without directing Staff to ignore portions of the Ordinance as they relate to non-residential, non-industrial use. STAFF RECOMMENDATION: Staff recommends that the first reading of the Ordinance be approved as stated in Alternative One. SUBMITTED BY: r. .. ` ~ /1 /~~. Cliffor a1 , P.E. Utility Dir ctor APPROVED: Elmer C. H dge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Eddy Received ( ) Johnson Referred ( ) Kohinke To ( ) Minnix Nickens -_ - _ __ 1~,~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIilllllllllllllillillllllllllillllilllllllllllllllllllilllllilililllllllllllllllllllllillllilllilll~ _ _ _ _ _ _ _ _ _ _ AGENDA ITEM NO. 1~~ = - - - -_ - _ _ _ _ _ _ _ _ _ APPE CE REQUEST - _ PUBLIC HEARING ORDINANCE CITIZENS COMMENTS - - SUBJECT: =_ =_ I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. _ c = _ WHEN CALLED TO THE LECTERN, I WILL GIVE MY NAME AND ADDRESS c FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED BELOW: c ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will - decide the time limit based on the number of citizens speakin on an issue, and will enforce the rule unless instructed by the majority o~the Board to do otherwise. - - ~= ^ Speaker will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. __ c ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. _ c ^ Both speakers and the audience will exercise courtesy at all times. c = - ^ Speakers are requested to leave any written statements and/or comments c = with the clerk. ^ INDIVIDUALS SPEAKING ON BEHALI' OF AN ORGANIZED GROUP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP c ALLOWING THE INDIVIDUAL TO REPRESENT THEM. __ _ PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK - _ _ - - - _ __ _ i - - ~ - ~ __ ~ - ~ - - ~ - - NAME ~ _ _ - _ _ _ - ADDRESS ~S~ a ,~ ~ ~ ~ _ - _ - _ - __ __ PHONE _ ~~~ ~ f 7 ~ mllillllllllliilllilllllllliilllillllllllliilllllllilllllliilllllllillllilllllllllll~~llillllilllllllllllllllllllllllllllllllllll~T K-a AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 14, 1993 ORDINANCE AMENDING AND REENACTING ARTICLE IV, SEWER USE STANDARDS, OF CHAPTER 18 OF THE ROANOKE COUNTY CODE OF 1985 (formerly, Article III, of Chapter 16 of the Roanoke County Code of 1971). WHEREAS, the 1972 Sewage Treatment Agreement entered into by and between, and still binding upon, Roanoke City and the County of Roanoke requires the County to adopt such ordinances and regulations as necessary to conform to those adopted by the City of Roanoke as they pertain to Sewer Use Standards; and WHEREAS, by Ordinance # 62486-146, § 1, adopted on June 24, 1986, Chapter 16 of the Roanoke County Code of 1971 was amended to add an Article III relative to sewer use standards and by Ordinance # 91289- 14, adopted on September 12, 1989, said Article was further amended; and WHEREAS, recent regulatory requirements enacted by the State Water Control Board and the U. S. Environmental Protection Agency have necessitated changes by the City of Roanoke to its Sewer Use Standards; and WHEREAS, the operative requirements of the current Sewage Treatment Agreement between Roanoke City and the County of Roanoke requires amendment of the County's ordinances to bring them into conformity with the current Roanoke City Sewer Use Standards; and WHEREAS, the first reading of this ordinance was held on September 14, 1993, and the second reading of this ordinance was held on September 28, 1993. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1 t+-a 1. That the amended "SEWER USE STANDARDS" be reenacted as "ARTICLE IV. SEWER USE STANDARDS" of CHAPTER 18 of the Roanoke County Code of 1985. CHAPTER 18 ARTICLE IV. SEWER USE STANDARDS Sec. 18-151 Definitions. For the purpose of this article, the words and phrases set out in this section shall have the following meanings: Act means the Federal Water Pollution Control Act, also known as the Clean Water Act, 33 U.S.C. 1251, et seq., as amended. BOD (biochemical oxygen demand) means the quantity of oxygen by weight, expressed in mg/1, utilized in the biochemical oxidation of organic matter under standard laboratory conditions for five (5) days at a temperature of twenty (20) degrees centigrade. Building sewer means the extension from the building drain to the public 2 y-a wastewater treatment facilities, processes or transmission lines. Capital costs may be adjusted from time to time to reflect cost experience. Categorical standards means National Categorical Pretreatment Standards or Pretreatment Standard. Class I user means any person discharging normal domestic wastewater into a sanitary sewer and any industrial user discharging Group B wastewater into the sanitary sewer. Class II user means any person discharging Group A wastewater into a sanitary sewer. COD (chemical oxygen demand) means the measure, expressed in mg/1, of the oxygen consuming capacity of inorganic and organic matter present in water or wastewater, expressing the amount of oxygen consumed from a chemical oxidant in a specific test, but not differentiating between stable and unstable organic matter and thus not necessarily correlating with biochemical oxygen demand. COD-BOD ratio means the ratio of the value of COD to BOD as these values are defined above. COD (soluble) means the COD of the filtrate from wastewater that is filtered through a gooch crucible as required by the suspended solids test in "Standard Methods." Control manhole means a manhole giving access to a building sewer at some point before the building sewer discharge mixes with other 3 ~I-a discharges in the public sewer. Control point means a point of access to a course of discharge before the discharge mixes with other discharges in the public sewer. County means Roanoke County. Discharge means any introduction of substances into the sanitary sewer. Garbage means animal and vegetable wastes and residue from the preparation, cooking and dispensing of food, and from the handling, processing, storage and sale of food products and produce. GroupA wastewater means wastewater discharged into the sanitary sewers in which any one of the parameters below are more than the given loading: Average Daily Parameter Monthlv Composite Total suspended solids (TSS) 62.5 lbs./day 75 lbs./day Biochemical oxygen demand (BOD) 62.5 lbs./day 75 lbs./day Total phosphorus (TP) 3.75 lbs./day 4.5 lbs./day Total Kjeldahl nitrogen (TKN) 4.50 lbs./day 5.4 lbs./day Group B wastewater means the discharge of permitted industrial 4 H-a Incompatible waste means a waste which is not susceptible to adequate treatment by the wastewater treatment plant. Industrial user means any user Industrial waste means waste resulting from any process of industry, manufacturing, trade or business from the development of any natural resource, or any mixture of the waste with water or normal wastewater, or distinct from normal wastewater. Infiltration means water entering a sewer system, including service connections from the ground, through such means as, but not limited to, defective pipes, pipe joints, connections or manhole walls. Infiltration does not include, and is distinguished from inflow. Inflow means water discharged into a sewer system, including service connections, from such sources as, but not limited to, roof leaders, 5 F~f-~ cellar, yard and area drains, foundation drains, cooling water discharges, drains from springs and swampy areas, manhole covers, cross connections from storm sewers and combined sewers, catch basins, storm waters, surface runoff, street wash waters, or drainage. It does not include, and is distinguished from infiltration. Interference means a discharge which, alone or in conjunction with a discharge or discharges from other sources, (1) inhibits or disrupts the plant, its treatment processes or operations, or its sludge processes, use or disposal; or (2) causes a violation of the plant's VPDES permit. Milligrams per liter (mg/1) means the same as parts per million and is a weight-to-volume ratio; the milligram-per liter value multiplied by the factor 8.34 shall be equivalent to pounds per million gallons of water. National categorical pretreatment standard or pretreatment standard means any regulations containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. 1317) and 40 C.F.R. Subchapter N (Parts 401-471) as amended, which applies to a specific category of industrial users. Natural outlet means any outlet into a watercourse, ditch, lake or other body of surface water or ground water. 6 Id--a 1a!;.~i,~,.~,~~~i~;.W.?!M.#r~;~~:.>::~:.>:.:~~..;c:fii.~~.~„w.,:::;4,~„~:o>:Y!##~~:~/.~:;~~~:::::~~~~:7i;::i:::YFAi!~~:::::iTiW:::::~47M :. ~:. •:«:::::: ~..., .....~~.x.:;:; :~:::::};:.;:.;:.;::.`.~~~ fiat.~..~~1~.~.....~~~t~~:'~,~tr~~ :;;:.:.;;~-~,~~...~,:,~.,'..;~ :.;:.;:.;?~i::;;;:...tF..x~~t.'~~.~t~~.?c'1~.;;;;~.Cl~E:~:~:;:: ................:.: ::::::.: ::::::.:::::::::::::::::.....:.........:.................::::::::::::::::::::::::::::::::::::..................................::.::::::::::::::::::.::::::::::::::::::............. ............. ...:...::.a~....::: ~ . }{-a in which the average concentration of total suspended solids and BOD is not more than 250 mg/1, total phosphorus is not more than 15 mg/1, total Kjeldahl nitrogen is not more than 18 mg/1 and total flow is not more than 25,000 gallons per day. Overload means the imposition of organic or hydraulic loading on a treatment facility in excess of its engineered design capacity. Pass through means a discharge which exits the plant into water of the United States in quantities which may cause a violation of the plant's 8 ~~~ VPDES permit. Person includes individual, corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership association and any other legal entity. pH means the logarithm (base 10) of the reciprocal of the hydrogen ion concentration expressed in grams per liter. Phosphorus (total) means the sum of the various types of phosphate expressed as elemental phosphorus found in wastewater. The various forms include ortho phosphate, condensed phosphates (pyro, meta, and poly-phosphates), and organically bound phosphates. The concentration of total phosphate is determined by the "Standard Methods" test procedure. Plant means the City of Roanoke Regional Sewage Treatment Plant, e~ 9 M-a ~'::i:: "::iii\:i..//i!!:~~:: ~ii:{{{'?i:;:LLt{t;iryryi33i}}:;~ii~:;jiiiiiiiiX4~:~~i}iiii)i}i::}iii::.iiiiiiY^ii}}ii}i}}}}i'.i}}iiii: iiiiiii::•~.istiJiiiiiiii'r.iii:4}}}}}iiii'vi: iiiiY "4iiiiiiii'iii:i•i ~~:Y~Y:!Y!iji:~1L:~:T:~rj'',~ :•:::::•iq:~'~~~' : ~ ~~'y:^ii v '::y.+.~~:::::::~.y ::::::::::::. .. ....:.y...::.., .......}.~. .::::::: '.:: ay~' i :+:~~":: ~':: ::::::::.:::::::::::::::::::::::::::::.Tir,.;M;.>:.>~M.>:.>:Si:.::: ~~G~.~i",~}~.I~,.~r.,;-A~.>ii.~i,.,7Gk~ Mi R:. Public sewer means pipe or conduit carrying wastewater or unpolluted drainage in which owners of abutting properties shall have the use, subject to control by the County. Sanitary sewer means a public sewer that conveys domestic wastewater or Significant Industrial User means: (1) A user subject to categorical pretreatment standards; or (2) A user that: (a) Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, non-contact cooling, and boiler blowdown wastewater); (b) Contributes a process wastestream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW; or (c) Is designated as such by the control authority on the basis that it has a reasonable potential for adversely affecting the 10 y-a POTW's operation or for violating any pretreatment standard or requirement. (3) Upon a finding that a user meeting the criteria in Subsection (2) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the control authority may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 4 0 CFR 4 03.8 (f) (6) , determine that such user should not be considered a significant industrial user. 11 y-a ~L.:::: ~ ::::::::::::::::::.:::..:..........................................~...................................................:~................................................................................:..::.:.:::::::::.r...::::::::. !W.~!K~ ~~~.:~~~i1.~~:~:::::::ii}:j:i~i:'X::~:;'::::::::,.R1:?.~::y:::...~.::i::%_~:.`:~~i~:'y':::Y>'~>.~>.~4:iyY1~i:v::~?~~~`i~r`1S~ii`Si::i~~. '. ~'. ~''{••.::::::::::i :i r::ii : .............: .:.. .:. ..' .,.......::..].~1~.... ..... ... '. iiiiiiiiiii~iJii: ~ i::iiiiiiiiiiiiiiiii: ~~~... ~~rF ~ ~ ~ ~ hV ~~~j {~.... ~,11~~~~~ ~~M^ ~~ ~~ ~ M~~~~ SAk~~SIT:S:S:~~ ~~~:i}i22:y':..:j:Y:?ii ~~i:{jvj!>~>~<'~ ~:ii:~i:::~i~:!>.!2~}.i::i::i:::}'.':'~: ~~::..'.'iii::...:::i+:~F}:jj:~i~.f...yi~::~.• . r'}~~`ij~•{~Kj!:: }i.S.~~~.~:j~/!',~!}j~^..:~~~~i ~...}~:.{:::::i'::::.,ii.:.:. }':{':}~}::ii~•:?:ii,Y}j',^~~:iii~:i#i~i~:iy^~f ~.?.,';{:i~{i'i::}i::}...v:i~:ii ~'~. iiiiiiiiiiiii+i+i+:: ~: ~ ~~~ ~~ ~~5~~~~ ~'~l~n~ ~,7` ~rir~ Ai ~~ I/~ 1I,.M-~~ !~' ... ~~~ M~M~11~~~~~ ~ ~~ i...M:.:'~{::<:?•isA':~•~•:{~.37~.:~:...yiii:~i'}~i~i::{i~~~ti~~:i~:'~.iyi~:::<:i:+:~::?:::~:i:::c~:::}t:~`?~ir:*3"::(iyii:' :::::::::::::.i~::7i~..,'}j::.'}~~^:: :~..::~:~~•:?ist:is~~~.xy:~':,',,,,,,}:,:•~:i]~:~:j:i: ?Lii'<:: F::v.... .. ;~t:{ji::i.j.....:':::.:'~~.~'•i:: ii:}''.. jni~: ::iii*:~ii::..y..::~...ii:y'~.:.{i~;Y$;,;. ( iY ,~ A~ GL iX ~ Wi~~Y ~L/ p'~~ ~Y'~ ~ W ~Y::i::i::i::i:{.lT,.;:ih ~!' ~~::i::i::i Yf~~~~~~ MT~~~ ... ~ ~~TM~ ~~ MM ~MS ~':;::;::i::i::;':::::::; ':;~:y::{:;;::;y..,GS::i::`:;:`:`iii::;::i':i'::'::i:::::;:i::>:::££S:Si:G:2".2::22::;::?; ::5::".:::>i::;'::;:;:::: ~:::i+'f;';'::i':i::i:::'::i:`;;;:;>::.....::;;;;;s;:+••::::::::•::•:;:•>:::;:::•:::•:;;;;;;".;};}};n::}:}:':: •:•:: •:s:: r •+::<•;;;: ~~.: ~ : ~ :iM:1F1::::::y. ...~ ~ : :~ v;. :: ';.;.;. ': ~.:^.:: ~ :;: :::2:: ~' ~ ' ::: ::;1'~''':~:l~~{{::}:: .}.:~:} ::,':j},.~: : ~{/.•~i. :i ..: ~ .::.' ~~. y. . :. . . '' ::•••Y:::i:.yM~...~y'~j..... :::::::.:.~ :: ..::: .....:.: :..: ~i{,{;.~.::: F17~.!W~.:::,~,i,~,.~.:::~~:~~~:i~Y.s.S.~,Y,.:.:: ~i~.~~X~Y.:~~. .~:: ~,.~1„~. ~~,4,•,•~, ,.~. .~.:~i,I,•,•;Tl!,•:::~. .; :2:.2::22t«:::ii:<:r•:>::~:::::>::r:>::>:;;::<:::»:2::;::::;:.;:;2::2::2z:i::i::i::;:+~::i::i::i::>::>::>::>::>::>::i::>::>::>::>~:::>::>:<•~:>:: :::::::.:.:::.:.:.:.;:.:.;:.;;;:: •.;;;••.;:.;:.;;:.;:.;:.;:.:.:.::::.:~.:;;:.>::.>:.>••.:.:.::.;:.;:.;:.::.::.;:.;;:.:.:.;:;.;:.:::.:::::::.>:.>:.>:.>:.::.;:.::.;:.;:.;;:.;:: .. :>::;:;.;;::..y. ~~e~:;::;;;:>:::~:;:a;,;:;,~.;~:::::;::'~'~~:;::>222::2:::::,:::;^~~;;~;;~;:::;~:;.;:::;; ::::::::.:.:.:«:;:~~~~;:.>::..;}y,;;2:_::::;::;~:::<:::;+: ~~~~::::::::y'::>:::y>:.y~>:; •~::::;::y:•.>::;::;~•, :::::::.:•;:::<ii5i::"::::::2:i::i':i::i::i::::%'~~:'~~:~:~::2~:::::::::•::.::<.,.,.:::::,.':~::~i:::':i:::i::i::i:::::i:::::::::;2:.2:.>2::;>::::;•;;:.::.:::.;:.::.:::.::.::.:.::: .:.::.::.::.>:: ~.»::t: •.:::::.:•.>:.>':.:::.::.::.::.>:.>:.::.:.:::•'.::.:".::.»•'<•;:•;;:,:.,:•••::•::•;:•::•;::•:•:•::.::.::.::.>'.r:.;:.::.»:.s'•.: ~::;;.:;>; ~~~~~... ~.~t~~r. ut~.n~s ~il~ ~~~#'~~'~~~.~... ~.~~.~'~ 'its #~~t~~~~ ~~ ::>„ ~~:;<>:;:::>::>:;::%2"~>.>sy;:: ~ .~'.~'. ~ ~:~'+~.:~}:;~~~ ~'°~ ~?' ~::: ~:'~ ~''`~~'<: <:>::<::f;,::2::„~i~~~~~~:x~:,:~+>~~:+~~~;j::. ~<~.>;a~;2;:::+~>:;+:~,~;~:;<y.::<~;::~~>~y::::~>;sf::;;<.:~:.a,:>~:+~>:::.:.:.::>::::.;>y:<y;~:;> ;;<i:::is~~~~~i~~4~~+w~# 11 .. ,~j~.,:~:::~~.,Qr,.~..,:.:.~ G~ n~v G~:~i ~ai: xir~~~~fii••teitlFi~iA7;~ ,~+M~ 4~~t,{ii R Slug means any discharge of water, wastewater or industrial waste which, in concentration of any given constituent or in quantity of flow, exceeds, for any period longer than fifteen (15) minutes, more than five (5) times the average twenty-four (24) hour concentration or flows during normal operation. 12 ~f-a, Standard Industrial Classification (SIC) means classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of , , Standard Methods means the examination and analytical procedures set forth in the latest edition, at the time of analysis, of "Standard Methods for the Examination of Water and Wastewater" as prepared, approved and published jointly by the American Public Health Association, the American Water Works Association and t~i~a~~e= ............................................................................................................. rvzzac=e~i--Eei~er i-~zrcra~croF2 ~'?<:~n'~T:1:~#~:~1IX~::«::~`~~~~3~:]~::~kl',[«:: Storm sewer means a public sewer which carries storm and surface water and drainage and into which domestic wastewater or industrial wastes are not intentionally passed. Storm water means rainfall or any other forms of precipitation. Suspended solids means solids measured in mg/1 that either float on the surface of, or are in suspension in, water, wastewater or other liquids, and which are largely removable by a laboratory filtration device. To discharge includes to deposit, conduct, drain, emit, throw, run, allow to seep or otherwise release or dispose of, or to allow, permit or suffer any of these acts or omissions. Total Kjeldahl nitrogen means the combined ammonia and organic nitrogen in a given wastewater, as measured by the "Standard Methods" test procedure. It does not include nitrite and nitrate nitrogen. Trap means a device designed to skim, settle or otherwise remove grease, oil, sand, flammable wastes or other harmful substances. 13 ~}- 3. Unpolluted wastewater means water containing: (1) No fee or emulsified grease or oil. (2) No acids or alkalis. (3) No phenols or other substances producing taste or odor in receiving water. (4) No toxic or poisonous substances in suspension, colloidal state or solution. (5) No noxious or otherwise obnoxious or odorous gases. (6) Not more than ten (10) mg/1 each of suspended solids and BOD. (7) Color not exceeding fifty (50) units, as measured by the Platinum-Cobalt method of determination, as specified in ~~ Standard Methods ::::~.::: a s~... v~.;.;~~c~~r~ ~~ end .::~h~::. teas©nak~le c~n~~+a3 ~~ t~~ u~+~r:...:::::::~x~. s~~ User charge means the charge made to those persons who discharge normal wastewater into the County's sewage system. This charge shall include a proportionate share of any capital improvements to the system (capital costs) . User surcharge means the charge made, in excess of the user charge, for all wastewater over and above the loading defined as normal wastewater. 14 I~-a Waste means rejected, unutilized or superfluous substances, in liquid, gaseous or solid form, resulting from domestic, agricultural or industrial activities. Wastewater means a combination of the water-carried waste from residences, business buildings, institutions and industrial establishments, together with any ground, surface and storm water that may be present. Wastewater facilities includes all facilities for collection, pumping, treating and disposing of wastewater and industrial wastes. Wastewater service charge means the charge on all users of the public sewer whose wastes are treated at the plant and is the appropriate sum of the user charge and user surcharge. Wastewater treatment plant means any municipal-owned facilities, devices and structures used for receiving, processing and treating wastewater, industrial waste and sludges from the sanitary sewers. Wastecourse means a natural or man-made channel in which a flow of water occurs, either continuously or intermittently. Sec. 18-152. General Requirements. (a) All discharges into public sewers shall conform to requirements of this article; however, the federal categorical 15 ~~ than those set forth in this article. (b) No significant industrial user or other user as determined by ........................... the among ~~'~'aC authority shall discharge industrial wastewaters into the sanitary sewer system without an appropriate industrial waste discharge permit as provided in this article. (c) Unless exception is granted by the authority or by other provisions of this chapter, the public sewer system shall be used by all persons discharging wastewater, industrial waste, polluted liquids or unpolluted waters or liquids. (d) Unless authorized by the State Water Control Board or its successor in authority, no person shall deposit or discharge any waste included in subsection (c) of this section on public or private property in or adjacent to any natural outlet, watercourse, storm sewer or other area within the jurisdiction of the County. (e) The control authority shall determine, prior to discharge, that wastes to be discharged will receive such treatment as is required by the laws, regulations, ordinances, rules and orders of federal, state and local authorities, or such discharge shall not be permitted. (f) Each industrial user discharging industrial waste waters into 16 -~ :~.::::~ :::::::::::::::::::::::.~::::::~?!::::::::::::::::::::::::::::::::::::::::::::::::::::::::::.g.::.:::::F................................................................... ...................................................................... .:......................................................................................................................................... .............................................................................................................................................................................................................................................................:::: c~3ai~ax~` before construction of the facility. elra~~cemp-~e~e-s~te~a-g No such user who commences operation after the effective date of this section shall be permitted to introduce pollutants into the system until accidental discharge procedures have been so approved. Review and approval of such plans and 17 I}-a operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this Article. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the aping ~: authority of the incident. The notification shall include location of dischar a `' g >:<::<:>::: ..... ~,~~~~,~t~g~....th~t....ma~....ca,~,~~ ~~~-~~.~ ~~~~~~....~ ~~~, type of waste, concentration and volume and corrective actions. Within five (5) days following an accidental discharge, ::>::>::::>;»»» ~,~`~'e ~'~.....~i~~....+~~~tse px'ob~.~m~,>::>::>~~~~'~~.....~ ..~~# the user shall submit to the ~7tx`ip?~! authority a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the sewer system or treatment plant, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this article or other applicable law. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall insure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure. (g) In the event of an emergency, as determined by the ai~p~e~rig ........................... authority, the ail authority shall be authorized 18 to immediately halt any actual or threatened discharge. (h) A person discharging in violation of the provisions of this article, within thirty (30) days of the date of such discharge, shall *sample, analyze and submit the data to the a}~,~~ c'31'~'~`. authority ~e~~s--~~e-ap$~e~g-a~~r9~~e~-ee-t-s-~e-pe~€e~r-s~eh =~~-, ~ ~e~. r---- Sec. 18-153. Prohibited Discharges Generally. (a) No person shall discharge into public sewers any waste which, by itself or by interaction with other wastes, may: (1) Injure or interfere with wastewater treatment processes or facilities; (2) Constitute a hazard to humans or animals; or (3) Create a hazard in receiving waters of the wastewater treatment plant effluent. (4) Generate heat in amounts which will inhibit biological activity in the plant resulting in interference, and in no case heat in such quantities that the temperature at the plant exceeds forty (40) degrees Celsius (one hundred four (104) degrees Fahrenheit) unless the approving authority approves alternate temperature limits. (b) Discharges into public sewers shall not contain: (1) Antifreeze. (2) Fluoride other than that contained in the public water supply greater than 10.0 mg/1. (3) Benzene, Toluene, Ethylbenzene and Xylene (BTEX) greater than 5.0 mg/1. 19 ~~ (4) , 20 ~}'-~ producing substances that have not been minimized. After treatment of the composite wastewater, effluent concentration limits may not exceed the requirements established by state, federal or other agencies with jurisdiction over discharges to receiving waters. (12) Antimony and beryllium greater than 1.0 mg/1. ::~:::>::>:>:»~>><::»::>:«:><~~ ~~- ~a~€~e~ pc~~.~.~xt~.h~~# ~~t~~p ~t ~,~,t~ ~.~~.5 >~::>::;::.>~.::<:>:>::»'~,» treatment v~ th.e ~q~p~~8~'~~ ~~St~~~tt.~~,....~~~; ................................................................................................................................................................:.: can ~~~t~-at~:;~n:<:::~~mstt...;>;>:> ~ .»<:<::: ~• :::. ~~ ~::>::> :....::.:...:::::.::: , .:..:::>::::..: ~~ . , .:.. <:...:..:..........:: ~ . Sec. 18-154. Technical based local limits. (a) Discharges shall not contain concentrations of heavy metals greater than amounts specified in subsection (b) of this section. (b) The maximum allowable concentrations of heavy metals and toxic materials stated in terms of milligrams per liter (mg/1), determined on the basis of individual sampling in accordance with "Standard Methods" 21 }t-a are: (1) Arsenic: .25 mg/1 (2) Barium: 5.0 mg/1 (3) Boron: 1.0 mg/1 (4) Cadmium: 0.02 mg/1 (5) Chromium, Total: 2.0 mg/1 (6) Chromium VI: .011 mg/L. (7) Copper: 1.0 mg/1 .......................... ( 8 ) Lead : } y>>>~`` ........................:.. .......................... (9) Manganese: 1.0 mg/1 (10) Mercury: 0.005 mg/1 (11) Nickel: 2.0 mg/1 (12) Selenium: 0.02 mg/1 (13) Silver: 0.1 mg/1 (14) Zinc: 2.0 mg/1 (15) Cyanide: 1.0 mg/1 In addition, if it is determined that any one of these parameters exceeds the state effluent requirements for the wastewater treatment plant, an adjustment in the given parameter concentration limit will be required. To accomplish this, the industrial discharge permits for industries discharging the particular compound will be adjusted to insure compliance. (c) No other heavy metals or toxic materials shall be discharged into public sewers without a permit from the approving authority specifying conditions of pretreatment, concentrations, volumes and other applicable provisions. 22 i+- (d) Prohibited toxic materials include, but are not limited to: (1) Herbicides. (2) Fungicides. (3) Pesticides. Sec. 18-155. Discharge of garbage. (a) No person may discharge garbage into public sewers, unless it is shredded to a degree that all particles can be carried freely under the flow conditions normally prevailing in public sewers. Particles greater than one-half inch in any dimension are prohibited. (b) The ~~g control authority shall have the right to review and approve the installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower (0.76 hp metric) or greater. Sec. 18-156. Discharge of storm water and other unpolluted drainage. (a) No person shall discharge into public sanitary sewers: (1) Unpolluted storm water, surface water, groundwater, roof runoff or subsurface drainage. (2) Other unpolluted drainage. .......................... (b) The za`p' authority shall designate storm sewers and other watercourses into which unpolluted drainage described in subsection (a) of this section may be discharged. Sec. 18-156.1. Purpose It is the policy of this County and the purpose of this ordinance 23 ~{ -a. 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 actual or potential 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 into 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 actual or potential 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 actual or potential 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: 24 N-a (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. (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 or actual 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 actual or potential 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; disconnection (a) For structures or property with actual or potential discharge, infiltration or inflow determined to be in excess of 1,000 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 25 e ~~~ 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 property owner or responsible party 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 actual or potential inflow or infiltration in excess of 200 gallons per day, 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 actual or potential discharge, infiltration or inflow determined to be less than 1,000 gallons per day but more than 500 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 actual or potential 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 actual or potential 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 26 I+ ~ 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 measures are completed and approved. If the property owner or responsible party 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 actual or potential inflow or infiltration in excess of 200 gallons per day, 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 actual or potential discharge, infiltration or inflow determined to be less than 500 gallons per day, but more than 200 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 actual or potential 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 27 Y ~ the property owner or responsible party 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 actual or potential inflow or infiltration in excess of 200 gallons per day, 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 actual or potential discharge, infiltration or inflow determined to be less than 200 gallons per day, but 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 property owner or responsible party 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. 28 I+-a~ Sec. 18-156.4. Review of Corrective Measures The sewer user, property owner or other responsible person shall correct the actual or potential 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 actual or potential illegal or improper discharge, infiltration, or inflow into the public sewer system shall be taken upon notice from 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, 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 actual or potential 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 29 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 render a decision with five (5) business days of the date of the hearing. (c) The Notice of Appeal shall state the technical 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- 30 ~}-a 550, et seq. of the State Code. Sec. 18-157. Temperature of discharges. No person shall discharge liquid or vapor having a temperature higher than one hundred fifty (150) degrees Fahrenheit (65~ Centigrade), or any substance which causes the temperature of the total wastewater treatment plant influent to increase at a rate of ten (10) degrees Fahrenheit or more per hour, or a combined total increase of plant influent temperature to one hundred four (104) degrees Fahrenheit. Sec. 18-158. Discharge of radioactive wastes. (a) No person shall discharge radioactive wastes or isotopes into public sewers, without the permission of the E'~' authority. ........................... (b) The a~~g off' authority reserves the right to establish, in compliance with applicable state and federal regulations, regulations for discharge of radioactive waste into public sewers. Sec. 18-159 Discharge of substances capable of impairing, etc. facilities. (a) No person shall discharge into public sewers any substance capable of causing: (1) Obstruction to the flow in sewers; (2) Interference with the operation of treatment processes or facilities; or 31 {~-a (3) Excessive loading of treatment facilities. (b) Discharges prohibited by subsection (a) of this section include, but are not limited to, materials which exert or cause concentrations of: (1) Inert suspended solids greater than 250 mg/1 including, but not limited to Fuller's earth, lime slurries and lime residues. (2) Dissolved solids greater than 500 mg/1 including, but not limited to sodium n~~~~ and sodium sulfate. (3) Excessive discoloration including, but not limited to dye wastes and vegetable tanning solutions. ``# (4) Wastes having a COD to BOD ratio greater than 5 to 1. Industries having wastewater of this nature shall provide pretreatment ........................... as required by the c~ authority. (c) No person shall discharge into public sewers any substance that may: (1) Deposit grease or oil in the sewer lines in such a manner as to clog the sewers; (2) Overload skimming and grease handling equipment; (3) Pass to the receiving waters without being effectively treated by normal wastewater treatment processes due to the non-amenability of the substance to bacterial action; or (4) Deleteriously affect the treatment process due to excessive quantities. 32 ~' (d) No person shall discharge incompatible waste into public sewers which: (1) Is not amenable to treatment or reduction by the wastewater treatment processes and facilities employed; or (2) Is amenable to treatment only to such a degree that the (1) Impair the treatment process; (2) Cause damage to collection facilities; (3) Incur treatment costs exceeding those for normal wastewater; or (4) Render the waste unfit for stream disposal or industrial use. Industrial operations which, on occasion, release sludges of waterborne wastes into the sewers, or which, on occasion, release any significant quantities of materials which adversely influence the effectiveness of treatment in the wastewater treatment plant shall notify the plant in advance of their release, and shall control, at the 33 I+-a ........................... discretion of the ap~~g ?p~' authority, the rate of release of these wastes. Permission for such planned releases shall not be unreasonably withheld. Persons failing to comply with these requirements shall be subject to a fine of not more than five thousand dollars ($5,000) per incident, and shall also be liable for the payment of any damages caused, either directly or indirectly, by the unapproved discharge. (f) No person shall discharge into public sewers solid or viscous substances which violate subsection (a)of this section, if present in sufficient quantity or size, including but not limited to: (1) Ashes. (2) Cinders. (3) Sand. (4) Mud. (5) Straw. (6) Shavings. (7) Metal. (8) Glass. (9) Rags. (10) Feathers. (11) Tar. (12) Plastics. (13) Wood. (14) Unground garbage. (15) Whole blood. 34 ~I-a (16) Paunch manure. (17) Hair and fleshings. (18) Entrails. (19) Paper products, either whole or ground by garbage grinders (20) Slops. (21) Chemical residues. (22) Paint residues. (23) Bulk solids. (g) No person shall discharge into the public sewers pollutants which cause interference or pass through. (h) No person shall discharge into the public sewers pollutants with a high flow rate or concentration of -~'-~~~-' pollutants as to interfere with the plant. Sec. 18-160. Right to require pretreatment and control of, or to reject discharges. (a) If discharges or proposed discharges into public sewers may deleteriously affect wastewater facilities, processes, equipment or receiving waters; create a hazard to life or health; or create a public nuisance; the a~g z~! authority shall require: .... . ........... ........................... .......................... (1) Pretreatment to an acceptable condition before discharge into the public sewers; (2) Control over the quantities and rates of discharge; and (3) Payment to cover the cost of handling and treating the wastes, in addition to capital costs. 35 ii a ........................... (b) The xsQ authority shall reject wastes when he determines that a discharge or proposed discharge is included under subsection (a) of this section and the discharger does not meet the requirements of subsection (a) of this section. (c) No person shall utilize dilution as a means of treatment. .......................... (d) The aev~ng ip! authority shall have the right to determine whether a discharge or proposed discharge is included under subsection (a) of this section. Sec. i8-161. Design, installation and maintenance of pretreatment and control facilities. (b) Any person responsible for discharges requiring pretreatment, flow-equalizing or other facilities shall provide and maintain the facilities in effective operating condition at this own expense. 3ec.18-162. Requirements for traps. (a) Discharges requiring a trap include: (1) Grease or waste containing grease in excessive amounts; (2) Oil; 36 I-+- a (3) Sand; (4) Flammable wastes; and (5) Other harmful substances. (b) Any person responsible for discharges requiring a trap shall, at his own expense and as required by the ai~~g ; authority: (1) Provide equipment and facilities of a type and capacity approved by the approving authority; (2) Locate the trap in a manner that provides ready and easy accessibility for cleaning and inspection; and (3) Maintain the trap in effective operating condition. Sec. 18-163. Measurement, sampling, etc., and report of discharges. (a) The owner of each facility discharging other than normal wastewater or discharging Ewa-sus `icy A wastewater shall submit monthly, or at such other frequency as may be required by the ai~~g # authority, to the County, on forms supplied by the County, a certified statement of the quantities of its wastes discharged into the sewers and sewage works of the County or into any sewer connected therewith. Copies of pertinent water bills may be required to be submitted with the above statement. Such documents shall be filed with the County not later than the tenth day of the following month. A separate statement shall be filed for each industrial plant. The total quantities of wastes to be measured and certified by the person so discharging shall be established by the ~z`t authority and shall, as a minimum, include: (1) Liquid in gallons. 37 ~+-~ (2) Five-day BOD in pounds. (3) Suspended solids in pounds, on a dry solids basis. (4) Total phosphorus in pounds. (5) Total Kjeldahl nitrogen in pounds. (6) COD in pounds. (b) Unless otherwise provided, each measurement, test, sampling, or analysis required to be made hereunder shall be made in accordance with 40 C.F.R. Part 136, as amended. (c) In order to provide for accurate sampling and measurement of (d) Each sampling chamber shall contain a Parshall flume, accurate weir or similar device, with a recording and totalizing register for measurement of the liquid quantity; or the metered water supply to the 38 H-~ industrial plant may be used as the liquid quantity, where it is substantiated that the metered water supply and waste quantities are approximately the same, or where a measurable adjustment can be made in the metered supply to determine the liquid quantity. (e) Samples shall be taken every hour, properly refrigerated and composited in proportion to the flow for a representative twenty-four (24) hours sample. For oil and grease, pH, phenols, cyanide, volatile toxic organic and other appropriate pollutants, property grab sampling shall be performed. Each sampling shall be repeated on as many days as necessary to insure representative quantities for the entire reporting period. Industrial plants with wide fluctuations in quantities of wastes shall provide an automatic sampler paced automatically by the flow-measuring device. (f) Minimum requirements for representative quantities under this section shall include re-evaluation during each twelve (12) month period. The determination of representative quantities shall include not less than seven (7) consecutive days of twenty-four (24) hour composite samplings, taken during periods of normal operation, together with acceptable flow measurements. The frequency of sampling, sampling chamber, metering device, sampling methods and analyses of samples shall be subject, at any time, to inspection and verification by the County. Sampling and measuring facilities shall be such as to provide safe access for authorized personnel of the County for making such inspection and verification. (g) Plans for sampling chambers, with their locations shown on a site plan, shall be submitted to the County-for approval. 39 i~-~ (h) All owners of facilities governed by this section shall also comply with any applicable Monitoring Requirements and Regulations .......................... established by the ;k; authority which are hereby incorporated by reference. (i) All owners of facilities governed by this article shall comply with the applicable requirements of 40 C.F.R. 403.12 as amended, which is incorporated by reference herein, F1~pi including, without ...............::................... ........................................ ....................................... limitation, the signatory, certification and record keeping requirements of 40 C.F.R. 403.12 (c),(d), (i), and (1). All records shall be retained for a minimum of three years and this retention period shall be extended during litigation or upon request of the ai~g ± authority. (j) Sampling for discharge limit compliance shall be taken at the sampling chamber without any dilution factor except for properly classified categorical or significant users. (k) Sampling for prohibited materials may be collected at either the sampling chamber or end of process to determine the absence of the prohibited material. sec. 18-164. Discharge permits for industrial waste. (a) It shall be unlawful for any significant industrial user or other user as determined by the s±#~` authority to discharge industrial waste into the public sanitary sewer system unless an appropriate Industrial Discharge Permit has been issued by the a~~g .......................... ±~ authority. In order to obtain an Industrial Discharge Permit, such person shall: 40 i~-~. (1) Submit a complete application at least ninety (90) days prior to the date proposed for initial discharge on forms supplied by the approving authority. The approving authority will act upon the application within sixty (60) days. (2) Comply with all requirements for the discharge permit including, but not limited to, provisions for payment of charges, installation and operation of pretreatment facilities and sampling and analysis to determine quantity and strength. (3) Provide a sampling point subject to the provisions of this article and approval of the a~ =~-_~e} #~'; authority. (4) Comply with the requirements of federal categorical standards, where applicable, including the development of any required compliance schedules or the applicable provisions of this article. (b) An industrial user applying for a new discharge shall meet all conditions of subsection (a) of this section and shall secure a permit prior to discharging any waste. (c) A person not applying for a discharge permit within the allotted time and continuing to discharge an unpermitted discharge shall be deemed to be in violation of this article. 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Sec. 18-165. Waiver or modification of requirements of article. ........................... The a~~ authority shall have the right to waive or 53 -off modify, on an interim basis to be noted in any permit issued under this article, the requirements of this article as they pertain to strength of contaminants. No such waiver or modification shall be granted contrary to any County, state or federal regulation and no waiver or modification shall be granted, if it would result in the violation of the discharge permit for the plant, as it is now issued or as such permit may be amended. Sec. 18-166. Charged generally. Persons making discharges of industrial waste shall pay a charge to cover the cost of collection and treatment in addition to capital costs. When a permit application for industrial waste is approved, the County or its authorized representative shall issue a permit stating: (a) The terms of acceptance by the County; and (b) The basis of payment. Sec. 18-167. User charges and added costs. (a) If the volume or character of the waste to be treated by the plant meets the requirements of other provisions of this article and does not cause overloading of the sewage collection, treatment or disposal facilities of the County, the t authority shall require that the discharger pay a charge to be determined from the schedule of charges which shall include capital costs. (b) If a proposed discharge of waste is responsible for exceeding the existing capacity of the wastewater treatment facilities and the wastewater treatment plant must be upgraded, expanded or enlarged in 54 r order to treat the wastewater, the approving authority shall require that the discharger pay in full all added costs which shall include capital costs the County may incur due to acceptance of the wastewater. (c) The schedule of charges pursuant. to subsection (a) of this section shall include, but not be limited to: (1) Capital costs, including debt retirement and interest on debt, of the County's cost on all capital outlays for collecting and treating the waste, including new capital outlay and the proportionate part of the value of the existing system used in handling and treating waste. (2) Operation and maintenance costs (capitalized), including but not limited to, salaries and wages, power costs, costs of chemicals and supplies, proper allowances for maintenance, depreciation, overhead and office expense. Sec. 18-168. Schedule of charges. (a) Persons discharging wastewater shall pay a charge to cover the capital cost and the cost of collection and treatment of all wastewater discharged. (1) All Class I users discharging normal wastewater or Group B wastewater shall pay a user charge computed upon cost per volume of wastewater discharged. (2) All Class II users discharging Group A wastewater shall have their user charge computed upon a cost per unit volume basis for the amount plus the unit cost of treatment for all over the base amount for volume, 55 /f-~ biochemical oxygen demand (BOD), suspended solids (SS), phosphorus (P) and total Kjeldahl nitrogen (TKN). In computing the contaminant loading, the parameter concentrations for normal wastewater will be considered as standard strength in determining the base amount in the effluent discharge flow. Initially, the responsibility for determining the contaminant loading for each category of establishment will be that of the ai~:~g control authority. However, each establishment must verify its own contaminant loading monthly by initiating a sampling and analytical program at its own expense and with the approval of the a~~e~~ ........................... ~a authority. ........................... .......................... ........................... (b) The units costs to be used to compute the charge for Class I and II users shall be established by the approving authority. The unit costs for all users and the allowances for normal wastewater for users may be revised as necessary to correspond to current costs and experience. Revisions may be made, no more often than once a year, upon ........................... approval of the c'c~o~ authority. The user charge for users shall be computed as follows: Class I Users: Cu = Vu x Vd Class II Users: Cs = Vu x Vd + VSVc + BSBc + SSSc + PSPc + NSNc And: Cu Charge for Class I users Cs = Charge for Class II users Vu = Unit cost of treatment chargeable to normal wastewater ($/1,000 56 ~.*~ gal.) Vd = Volume of wastewater from normal wastewater (1,000 gals.) Vs = Volume of Class II wastewater (1,000 gals.) in excess of Class I wastewater Vc = Cost of treating 1,000 gals. of Class II wastewater ($/1,000 gal.) Bs = Class II wastewater BOD contribution in excess of Class I wastewater limit (lbs.) Bc = Cost of treating Class II BOD contribution ($/lb.) Ss = Class II wastewater SS contribution in excess of Class I wastewater limit (lbs.) Sc = Cost of treating Class II SS contribution ($/lb.) Ps = Class II wastewater phosphorus contribution in excess of Class I wastewater limit (lbs.) Ns = Class II wastewater unoxidized nitrogen contribution in excess of Class I wastewater limit (lbs.) Nc = Cost of treating Class II nitrogen contribution ($/lb.) Sec. 18-169. Adjustment of charges. (a) The County may adjust charges at least annually to reflect changes in the characteristics of wastewater based on the results of sampling and testing. This adjustment will correspond to charges established by the operating authority for the treatment plant. (b) The County shall review at least annually the basis for determining charges and shall adjust the unit treatment cost in the formula to reflect increases or decreases in wastewater treatment costs based on the previous year's experience. 57 -~ Sec. 18-170. Billing and payment of charges. (a) The County may bill the discharger by the month or by the quarter and shall show waste charges as a separate item on the regular bill for water and sewer charges. The discharger shall pay in accordance with practices existing for payment of sewer charges. (b) In addition to sanctions provided for by this article, the County is entitled to exercise sanctions provided for by the other ordinances of the County for failure to pay the bill for water and sanitary sewer service when due. Sec. 18-171. Right of entry to enforce article. ........................... (a) The p~ authority and other duly authorized employees of the County bearing proper credentials and identification shall be authorized to enter any public or private property at any reasonable time for the purpose of enforcing this article for sampling purposes, inspect monitoring equipment and to inspect and copy all documents relevant to the enforcement of this article, including, without limitation, monitoring reports. Anyone acting under this authority shall observe the establishment's rules and regulations concerning safety, internal security, and fire protection. (b) Appropriate information submitted to the a~-~g authority pursuant to these regulations excluding any information utilized in determining effluent limits may be claimed as confidential by the submitter at the time of submission by stamping the words "confidential business information" on each page containing such information. If a claim is asserted, the information shall be treated 58 ft-a in accordance with applicable law. (c) No person acting under authority of this section may inquire into any processes, including metallurgical, chemical, oil refining, ceramic, paper or other industries, beyond that point having a direct bearing on the kind and source of discharge to the public sewers. Sec. 18-172. Authority to disconnect service. (a) The County reserves the right to terminate water and wastewater dis posal services and disconnect a customer from the system and revoke any discharge permit issued under this article when: (1) Acids or chemicals damaging to sewer lines or treatment process are released into the sewer causing rapid deterioration of these structures or interfering with proper conveyance and treatment of wastewater; (2) A governmental agency informs the County that the effluent from the wastewater treatment plant is no longer a quality permitted for discharge into a watercourse, and it is found that the customer is delivering wastewater to the County's system that cannot be sufficiently treated or requires treatment that is not provided by the County as normal domestic treatment; or (3) The customer: a. Discharges industrial waste or wastewater that is in violation of the permit issued by the approving authority; b. Discharges wastewater at an uncontrolled, variable 59 ~+'~ rate in sufficient quantity to cause an imbalance in the wastewater treatment system; c. Fails to pay bills for water and sanitary sewer services when due; or d. Repeats a discharge of prohibited wastes into public sewers. (4) The permittee has engaged in fraudulent reporting to the .......................... a~~= ~ authority or failed to report adequately as required changes in discharge. (b) If the service is disconnected pursuant to subsection (a) (2) of this section, the County shall: (1) Disconnect the customer; (2) Supply the customer with the governmental agency's report and provide the customer with all pertinent information; and (3) Continue disconnection until such time as the customer provides additional pretreatment or other facilities designed to remove the objectionable characteristics from this wastes. Sec. 18-173. Notice of violations The County shall serve persons discharging in violation of this article with written notice stating the nature of the violation and requiring immediate satisfactory compliance. ........................... The ago authority shall have the authority to publish annually in the Roanoke Times and World News Newspaper or a newspaper of 60 ~~ . general circulation in the Roanoke area a list of persons which were not in compliance with the terms of this Article at least once during the twelve (12) previous months. Sec. 18-174. Penalty for violations. (a) A person who violates the provisions of this article shall be guilty of a Class 1 misdemeanor and upon conviction is punishable by a fine of one thousand dollars ($1,000) per violation per day and confinement in jail for not more than twelve months, either or both. In the event of a violation, the ~c authority shall also have the right to terminate the sewer and water connection. (b) In addition to proceeding under authority of sub-section (a) of this section, the County is entitled to pursue all other criminal and civil remedies to which it is entitled under authority of state statues or other ordinances of the County against a person C~'3!~`#L~< ~. :• :. .. .: :. .::::.~ :::: .. :. :.. ..:..:....:......:::::. ~::::.:...:.::::::::....: i.::.... ::..: ..:: 4.:...:.. ::::::::::::::::::::: :.::. ~:::::: .:::: x::::::: v:::::::: :v: v:. ~:::::: }:: i:::::::. ~. ~: :•. w::::::: ••::: :vv. ~.~:::::. rah ; ..:; :.:: ; ; :»::»::>::; .; ::; ; ::..::.:.:.:..>::::>:::::::::::.. <>::>::>::>::>:::.::::: ; ; :; :; :. ;<:>::>::>::> :::>:::<:::><:.. ~:.:.:: ~:::. ~ . ~~ . ~ ~ ..::::::>::»>:::..::..;...,::...:...:.::::::::::..:... ~.b~.,~e~3.;:.::.;:.;;~8~h~r. a:::::::::ax:.;;:.;:.;:;v~.~Iat:irk.:::.::::::a.:::::::::.r~~r~atm~~t:.:.::.:::.;:..~ .. ......:... .:::::<::::::::::::. ~ ::::::...........:........:.:..................::.:::::::::::::.:::.~.:::::::::::::::::::.,.......................................:.:::.::::::::::::::::::::::::::::::....................................... ~~~d~~d.::...... or >~?r including, without limitation, injunctive relief. (c) Any person who knowingly makes any false statements, representations or certifications in any application, record, report, plan or other document files required to be maintained pursuant to this ordinance, or wastewater permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this ordinance shall, upon conviction, be punishable by a fine of $1,000.00 per violation, per day, or imprisonment for not more than one year, or both. (d) The app~ev~r~g r~`c~ authority shall be authorized to implement such other program and enforcement mechanisms as are consistent with regulatory guidelines and are deemed appropriate. 61 tt'o~ Sec. 18-175. Payment of costs for work required by prohibited deposits. In any case where a sewer main or pipe connection is stopped, damaged or choked by any materials or rubbish being deposited therein contrary to the provisions of this article, by any tenant or property owner, upon due ascertainment by the County Administrator, he shall cause the main pipe connection or manhole to be opened, cleaned, replaced or repaired, and shall cause the cost for doing such work to be collected from the property owner. The payment of such cost shall not relieve any person from prosecution for a violation of this article. sec. 18-176. Public access to data. Effluent data complied as part of the approving authority~s pretreatment program shall be available to the public. 2. That this ordinance shall be in full force and effect from and after its passage. code~sewer.use 62 ACTION # ITEM NUMBER ~ w- 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 14, 1993 AGENDA ITEM: First Reading of an Ordinance Authorizing Acquisition of a Water and Sewer Easement from Dairymen, Inc. COUNTY ADMINISTRATORS COMMENTS: EXECUTIVE SUMMARY• An easement across property of Dairymen, Inc. located along Milk-A-Way Drive and identified as Tax Parcel 27.07-02-02 is required to install public water lines as part of the TCE created water project. BACKGROUND: Staff has negotiated the acquisition of a twenty-foot wide water and sewer line easement for a distance of 578 feet along property owned by Dairymen, Inc. Prior to installing the water line, consideration of $5,317.76 for the easement was offered by the County and accepted by Dairymen, Inc. The consideration reflects the higher value of easements within the set-back area of industrial and commercial zoned property. Working with the Health Department, the water line was installed within this proposed easement on an emergency basis in March 1992 to provide safe drinking water in the area. The delay in completing the Deed of Easement is due to Dairymen, Inc. being a Kentucky Corporation where Board of Directors only meet three times a year. FISCAL IMPACT• Funds are available within the TCE Project to pay the cost of this easement. ~-3 STAFF RECOMMENDATION: Staff recommends the Board of Supervisors approve the first reading of an Ordinance to authorize the acquisition of the water and sewer line easement from Dairymen, Inc. SUBMITTED BY: _ __., , `~ _ / -'.~ Cliffor aig, P.E. Utility Director APPROVED: /'~ Elmer C. Hodge County Administrator Approved ( ) Denied ( ) Received ( ) Referred to Motion by: ACTION VOTE _ No Eddy _ Johnson _ Kohinke _ Minnix _ Nickens Yes Abs /{ -3 METES AND BOUNDS DESCRIPTIONS SHOWN ON THIS PLAT REPRESENT A COMPOSITE OF DEEDS, PLATS, AND CALCULATED INFORMATION AND DO NOT REFLECT AN ACCURATE BOUNDARY SURVEY. PROPERTY OF INTERNATIONAL TELEPHONE TAX N0. 27.06-5-14 ~~ p ~t~5 o, 6 0 ~ ~ ~p PROPERTY OF ~ RAYMOND B. & PROPERTY OF HAZEL H. HUFFMAN " ~ DAIRYMEN INC ~. TAX N0. 27.07-1-4 ~ ~ `J-? D.B.872, PG.44 5 j ~' ~ ~ PROPERTY OF ~ ~, ~D; ~ BEFAST ASSOC. ~ TAX N0. 27.07-2-1 N 63'26' 06"E 20.00' 52'E 3 N 4 5.39' ~~ ' WATER 20 ~P~ P, EASEMENT ' & S.S. `~ ~S7 ~\~ N85'08'W ~ J 8.30' / ~-, 37. , ~ ~~ ~~, po ~ PROPERTY OF ly\ i STEWART IN-FRA-RED \ \/ COMMISSARY TAX N0. 27.07-2-3 PROPERTY OF PETER L. WILLIAMS TAX. N0. 27.11-1-20 & 2t CURVE RADIUS LENGTH CHORD BEARING A 50.00' 52.36' 50.00' N 25'08'00" W TAX MAP N0.?~_0? _?-? ______ SCALE: 1' _100' ___ PLAT SHOWING WATER AND S .S. EASEMENT BEING CONVEYED TO ROANOK E COUNTY BY DAIRYMEN INC PREPARED BY.• ROANOKE COUNTY ENGINEERING DEPARTMENT DATE: 03=19=92 /~"J AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 14, 1993 ORDINANCE FOR AUTHORIZATION TO ACQUIRE A SANITARY SEWER AND WATER LINE EASEMENT FROM DAIRYMEN, INC. WHEREAS, a permanent sanitary sewer and water line easement across a tract of land owned by Dairymen, Inc., a Kentucky corporation, is required in connection with the T.C.E. Water Project; and, WHEREAS, staff has negotiated with the property owner for the acquisition of said easement and the owner has agreed to accept the sum of $5,317.76; 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 September 14, 1993, and the second reading was held on September 28, 1993. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows: 1. That the acquisition and acceptance of a permanent sanitary sewer and water line easement from Dairymen, Inc. , for the sum of $5,317.76 is hereby authorized and approved; and 2. That the consideration of $5,317.76 shall be paid from the funds previously appropriated by the Board of Supervisors to the Utility Department budget for the T.C.E. Water Project; and, 3. That the County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to accomplish this acquisition, all of which shall be on form approved by the County Attorney. f~-3 4. That this ordinance is effective immediately upon its adoption. 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: September 14, 1993 AGENDA ITEM: ORDINANCE AUTHORIZING CONVEYANCE OF AN EASEMENT TO APPALACHIAN POWER COMPANY FOR ELECTRIC SERVICE ACROSS PROPERTY OWNED BY THE BOARD OF SUPERVISORS COUNTY ADMINISTRATOR'S COMMENTS: V ~~ EXECUTIVE SUNIIKARY This is the first reading of the proposed ordinance to authorize donation of an easement to Appalachian Power Company (APCO) for an overhead electric service line(s) across Vinyard Park for lighting the soccer fields. BACKGROUND' The County of Roanoke Department of Parks and Recreation is developing soccer fields and related facilities on the property owned by the Roanoke County Board of Supervisors, located along Virginia Route No. 635 (Berkley Road) in the Town of Vinton and the City of Roanoke, known as Vinyard Park. SUNIlKARY OF INFORMATION: Installation of electric transmission lines has been necessary to provide lighting to the soccer fields at Vinyard Park. Pursuant to previous authorization by the Board, construction has been completed in order to have the facilities operational by September 1, 1993. Appalachian Power Company (APCO) requires a right of way for the overhead electric line(s) across Vinyard Park as shown on APCO Drawing No. R-3007, dated August 13, 1993. FISCAL IMPACTS' Consideration for the proposed easement is the sum of $1.00. /~ ALTERNATIVES: (1) Adopt the proposed ordinance authorizing the County Administrator to execute the necessary documents for donation of the electric service line(s) easement as shown on APCO Drawing No. R-3007, dated August 13, 1993, to Appalachian Power Company, effective September 1, 1993. (2) Decline to authorize donation or conveyance of the easement. STAFF RECOMMENDATION: Staff recommends that the Board adopt the proposed ordinance as provided in Alternative #1. Respectfully submitted, V ck'e L. H fm Assistant County Attorney Action Approved ( ) Denied ( ) Received ( ) Referred to Motion by Eddy Johnson Kohinke Nickens Minnix Vote No Yes Abs X780-255 C 2 ~~-v\\\ . ~ \~` 255-4578 ~~ v / 255-4577 ~~ ~ ?~' ~o~P'f ~~ ~ ~~~ 'OZ~'j, ~v -4576 _d575 B ~ ly~~ s~. ~'.p~ F~ .\ 255-4625 VINEYAF PARK '~,A 255.46 26 OA OJ, FQ ~~ ti~ 255-4627 '~~ ,~ ~~ ,, ,, ~~ .~ vA' RTE. No . 6.4 s W O O N ? v ~ o . o ~' j ~ ~ ~ 3 ~ O ~ V TOWN OF VI NTON -T. D. 1665030 CITY OF ROANOKE-T. D . 665020 STATE OF VI RGINIA - DIETZG EN f30-MA GTff A010Fi'1(1(~i~~.aF 25 5.4628 ~e~~~~F\ ~~J 255-4629 APPALACHIAN POWER COMPANY ROANOKE VIRGINIA ROANOKE DIVISION T. 8,D pEPARTMENT PROPOSED RIGHT OF WAY ON PROPERTY OF BOARD OF SUPERVISORS OF ROANOKE COUNTY ~ DRAWN BY L.M.A. DATE 8 - 13 - 93 APP. BY J. B. A. ItL SCALE I ~- 200 ~ } SHEET~_ OF I SHEETS DRAWING N0. R - 3007 ~"`~ ~~Y AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 14, 1993 ORDINANCE AIITHORIZING CONVEYANCE OF AN EASEMENT TO APPALACHIAN POWER COMPANY FOR ELECTRIC SERVICE ACROSS PROPERTY OWNED BY THE BOARD OF SUPERVISORS WHEREAS, the County of Roanoke Department of Parks and Recreation is developing soccer fields and related facilities on the property owned by the Roanoke County Board of Supervisors, located along Virginia Route No. 635 (Berkley Road) in the Town of Vinton and the City of Roanoke, known as Vinyard Park; and, WHEREAS, Appalachian Power Company (APCO) requires a right of way for an overhead line across Vinyard Park to provide electric service for lighting the soccer fields, as shown on APCO Drawing No. R-3007, dated August 13, 1993, and, WHEREAS, the proposed right of way will serve the interests of the public and is necessary for the public health, safety, and welfare of citizens of the County of Roanoke. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on September 14, 1993; and a second reading was held on September 28, 1993. 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be conveyed are hereby declared to be surplus, and are hereby made available for other public uses by conveyance to Appalachian Power Nf Company for the provision of electrical service in connection with Roanoke County's Vinyard Park development. 3. That donation of a right-of-way for an overhead line across Vinyard Park to provide electric service for lighting the soccer fields, as shown on APCO Drawing No. R-3007, dated August 13, 1993, to Appalachian Power Company is hereby authorized. 4. That the County Administrator is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 5. That this ordinance shall be effective retroactively on and from the 1st day of September, 1993. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 14, 1993 ORDINANCE 91493-7 AMENDING AND REENACTING SECTION 12-34. DISPLAY OF DECAL GENERALLY, OF ARTICLE II. COUNTY VEHICLE LICENSE OF CHAPTER 12 OF THE ROANORE COUNTY CODE TO EBPAND THE REQUIREMENT FOR DISPLAY OF COUNTY VEHICLE DECALS WHEREAS, a small minority of residents of Roanoke County and some individuals and businesses who normally garage or park a motor vehicle within the county continue to evade payment of personal property taxes and purchase of county vehicle decals; and WHEREAS, the current fiscal environment requires that every effort be made to insure that all taxes rightfully owed to the county are collected; and WHEREAS, the 1993 session of the General Assembly has amended the Code of Virginia to clarify that localities now have the authority to issue parking tickets, citations or uniform traffic summonses to residents of the locality where such vehicle is registered to enforce local motor vehicle decal requirements; and WHEREAS, the first reading of this ordinance was held on August 24, 1993; and the second reading for this ordinance was held on September 14, 1993. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Section 12-34 of the Roanoke County Code entitled "Display of decal generally" be amended and reenacted to read and provide as follows: Sec. 12-34. Display of decal generally. 1 ~ ~ a) A license decal issued under this article shall be attached to and displayed on the windshield of the vehicle for which issued in such manner as to be clearly visible. ............................................................................ b It shall be unlawful for an erson a~~~a~aa»a~7 ............................................................................ Y P ............................................................................ to operate a motor vehicle, trailer, or semi-trailer required to be licensed under this article on any street, highway, road, or other traveled way in the County, unless a current license decal is displayed thereon as required by this section. The fact that the current license tax has been paid on such vehicle shall not bar prosecution for a violation of this section. A violation of this section shall be punished by a fine of not less than twenty dollars ($20.00) and not more than one hundred dollars ($100.00). Any violation of this section may not be discharged by payment of such fine except upon presentation of satisfactory evidence that the license herein required has been obtained. c) Each day that a vehicle is operated without a current license decal being displayed shall be considered a separate offense for ur oses of this section. ~r,;;~x~~ti;~~r~~~7~~::<:>: P P ..................................................................................................... .......................::..:..::.:::::::.: ~~~.xx..........t.~€.~I~~t~.;:.;;:.;::car.>::»ur~~::fa:.;:.;:.;:.;~.r~~.f ~:c:;;::;::>;:~u~;47ca~s~;:~>::>:<:>:c~ ~ ~c~~~s c~~...~.hd bt~z~~.~~~~~~::::~..~.~~tt~:r~. a.~ Rv~~x~~ ~c~u,nty ~.~x.;:,'~.~.v~.~,~~~s 2. The effective date of this ordinance shall be October 1, 1993. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: 2 AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: 7'~<.~--~ ..~ Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Circuit Court C. O. Clemens, Judge, Kenneth Trabue, Judge Roy B. Willett, Judge Clifford R. Weckstein, Judge Diane McG. Strickland, Judge Steven A. McGraw, Clerk Family Court Services Joseph M. Clark, II, Chief Judge Philip Trompeter, Judge Peggy H. Gray, Clerk Michael Lazzuri, Court Services Intake Counsellor General District Court John L. Apostolou, Judge George Harris, Judge Theresa A. Childress, Clerk Skip Burkart, Commonwealth Attorney Paul M. Mahoney, County Attorney Magistrates Sherri Krantz/Betty Perry Main Library John H. Cease, Police Chief Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Code Book Gerald S. Holt, Sheriff John M. Chambliss, Jr., Assistant County Administrator Diane D. Hyatt, Director, Finance O. Arnold Covey, Director, Engineering & Inspections Terrance L. Harrington, Director, Planning & Zoning Kenneth L. Hogan, Chief Animal Control Officer Don C. Myers, Assistant County Administrator Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue Thomas C. Fuqua, Chief, Fire & Rescue Gardner W. Smith „ Director, General Services Thomas S. Haislip, Director, Parks & Recreation Elaine Carver, Director, Procurement John W. Birckhead, Director, Real Estate Assessment 3 ACTION NO. ITEM NO. Z- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 14, 1993 AGENDA ITEM: ORDINANCE AMENDING AND REENACTING SECTION 12-34. DISPLAY OF DECAL GENERALLY, OF ARTICLE II. COUNTY VEHICLE LICENSE OF CHAPTER 12 OF THE ROANOKE COUNTY CODE TO EXPAND THE REQUIREMENT FOR DISPLAY OF COUNTY VEHICLE DECALS COUNTY ADMINISTRATOR' S COMMENTS : ~/,r1~~~~ ~Zz~-c,c~-"tir~ ~0 EXECUTIVE SUMMARY' These amendments will strengthen enforcement efforts for county vehicle decals by broadening the authority of police of- ficers to issue traffic summonses or parking tickets for viola- tions. BACKGROUND' When law enforcement in Roanoke County was the providence of the Sheriff's Office, Sec. 12-34 of the Roanoke County Code limited violations to driving a motor vehicle without a valid decal. This language is more restrictive than what the state code permits to be defined as an offense. Additionally, there has been confusion under state law as to how vigorous local law enforcement officers were allowed to be in enforcing a local tax revenue procedure. SUMMARY OF INFORMATION: The proposed amendments to the Roanoke County motor vehicle license ordinance broadens the prohibition in Sec. 12-34 (b) to include failing to display a current county decal as well as actually operating the vehicle without a decal. This is consistent with the enabling legislation for local decal enforcement ordinan- ces contained in § 46.2-752 G of the Code of Virginia. This section was also amended by the 1993 session of the General Assembly to specify that local law enforcement officers may use parking tickets or uniform traffic summonses to enforce violations of the county's decal ordinance in the case of a motor vehicle registered to a county resident. z=i FISCAL IMPACTS• The Treasurer of Roanoke County estimates that on an annual basis approximately 2,000 vehicles registered to residents of Roanoke County have not paid their personal property tax assessment and obtained a current county vehicle decal. Increased enforcement efforts by police officers against unlicensed vehicles parked in the county may produce substantial revenue for the county. ALTERNATIVES• I. Adopt the proposed amendments. II. Decline to adopt the proposed amendments and continue to rely upon current enforcement techniques to obtain compliance with county vehicle decal requirements. STAFF RECOMMENDATION: Staff recommends Alternative I. Respectfully submitted, J~~ph ~jl. Obenshain S for Assistant County Attorney Action Approved ( ) Denied ( ) Received ( ) Referred to Motion by Eddy Johnson Kohinke Minnix Nickens Vote No Yes Abs s-i AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 14, 1993 ORDINANCE AMENDING AND REENACTING SECTION 12- 34. DISPLAY OF DECAL GENERALLY, OF ARTICLE II. COUNTY VEHICLE LICENSE OF CHAPTER 12 OF THE ROANOKE COUNTY CODE TO EXPAND THE REQUIREMENT FOR DISPLAY OF COUNTY VEHICLE DECALS WHEREAS, a small minority of residents of Roanoke County and some individuals and businesses who normally garage or park a motor vehicle within the county continue to evade payment of personal property taxes and purchase of county vehicle decals; and WHEREAS, the current fiscal environment requires that every effort be made to insure that all taxes rightfully owed to the county are collected; and WHEREAS, the 1993 session of the General Assembly has amended the Code of Virginia to clarify that localities now have the authority to issue parking tickets, citations or uniform traffic summonses to residents of the locality where such vehicle is registered to enforce local motor vehicle decal requirements; and WHEREAS, the first reading of this ordinance was held on August 24, 1993; and the second reading for this ordinance was held on September 14, 1993. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Section 12-34 of the Roanoke County Code entitled "Display of decal generally" be amended and reenacted to read and provide as follows: r s~ Sec. 12-34. Display of decal generally. a) A license decal issued under this article shall be attached to and displayed on the windshield of the vehicle for which issued in such manner as to be clearly visible. b) It shall be unlawful for an erson '~"'=~'~~'?'~``~~~~>~`~~~€~~`'~'`"'`':~ Y p ..........................................:.::::>,~: #~s~<~i! to operate a motor vehicle, trailer, or semi-trailer required to be licensed under this article on any street, highway, road, or other traveled way in the County, unless a current license decal is displayed thereon as required by this section. The fact that the current license tax has been paid on such vehicle shall not bar prosecution for a violation of this section. A violation of this section shall be punished by a fine of not less than twenty dollars ($20.00) and not more than one hundred dollars ($100.00). Any violation of this section may not be discharged by payment of such fine except upon presentation of satisfactory evidence that the license herein required has been obtained. c) Each day that a vehicle is operated without a current 1993. " cam, AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 14, 1993 ORDINANCE 91493-8 AMENDING AND REENACTING SECTION 10-33. REAL ESTATE SERVICES., SECTION 10-34. PROFESSIONAL SERVICES. AND SECTION 10- 36. PERSONAL AND BUSINESS SERVICE OCCUPATIONS. OF ARTICLE I. IN GENERAL, OF CHAPTER 10, LICENSES, TO EXEMPT GROSS RECEIPTS LESS THAN $3,000 FROM BUSINESS LICENSE TAX LIABILITY. WHEREAS, Section 10-36, "Personal and Business Service Occupations" of the Roanoke County Business License Ordinance imposes a business license tax of $0.34 per $100.00 of gross receipts upon a wide variety of personal and business services conducted within the County of Roanoke with a minimum license tax of thirty dollars ($30.00); and WHEREAS, the broad definition of "personal and business service" defined by representative example in subsection (b) of Sec. 10-36 includes many services conducted on a part-time basis and by juveniles and retired individuals; and WHEREAS, Section 10-34, "Professional services" of the License Ordinance imposes a business license tax of $0.50 per $100.00 of gross receipts upon every person providing professional services within the County with a minimum license tax of thirty dollars ($30.00); and WHEREAS, the definition of "professional services" defined in subsection (b) of Sec. 10-34 may include retired or part-time professionals or those individuals who maintain a valid state professional license merely to prevent such license from lapsing; and 1 WHEREAS, Section 10-33, "Real estate services" of the License Ordinance imposes a business license tax of $0.50 per $100.00 of gross receipts upon every person providing real estate services, including real estate agents, brokers, escrow agents and appraisers, within the County with a minimum license tax of thirty dollars ($30.00); and WHEREAS, the definition of "real estate services defined in subsection (c) of Sec. 10-33 may include retired or part-time real estate agents or brokers or those individuals who maintain an agent's license with a licensed real estate broker to prevent such license from lapsing; and WHEREAS, the administrative time and expense incurred by the Commissioner of the Revenue's Office in processing the large number of such persons for whom the minimum tax of $30.00 will apply is not cost effective for the County of Roanoke; and WHEREAS, no specific exemption exists in this ordinance to permit the Commissioner to excuse the filing of a return and the payment of a business license tax by those persons having gross receipts of only a few thousand dollars each year; and WHEREAS, a first reading of this ordinance was held on August 24, 1993; and the second reading was held on September 14, 1993. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Section 10-33 Real Estate Services. , Section 10-34. Professional Services. and Section 10-36 Personal and business service occupations. of Article I. In General, of Chapter 10, 2 sec. 10-36. Personal and business service occupations. (a) Every person engaged in the business of providing a 3 personal or business service shall pay for the privilege an annual license tax of thirty-four cents ($0.34) per one hundred dollars ($100.00) of gross receipts from the occupation during the preceding calendar year or thirty dollars ($30.00), whichever is 2. This ordinance shall be effective from and after October 1, 1993. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: Mary H. Al en, Clerk Roanoke County Board of Supervisors cc: File Circuit Court C. O. Clemens, Judge, Kenneth Trabue, Judge Roy B. Willett, Judge Clifford R. Weckstein, Judge Diane McG. Strickland, Judge Steven A. McGraw, Clerk Family Court Services Joseph M. Clark, II, Chief Judge Philip Trompeter, Judge Peggy H. Gray, Clerk Michael Lazzuri, Court Services Intake Counsellor General District Court John L. Apostolou, Judge George Harris, Judge Theresa A. Childress, Clerk Skip Burkart, Commonwealth Attorney Paul M. Mahoney, County Attorney Magistrates Sherri Krantz/Betty Perry Main Library John H. Cease, Police Chief Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Code Book Gerald S. Holt, Sheriff John M. Chambliss, Jr., Assist County Adm Diane D. Hyatt, Dir, Finance O. Arnold Covey, Dir, Eng & Inspections Terrance L. Harrington, Dir, Plan & Zoning Kenneth L. Hogan, Chief Animal Control Officer Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue 4 ACTION NO. ITEM NO. 1 " AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 14, 1993 AGENDA ITEM: ORDINANCE AMENDING AND REENACTING SECTION 10-33. REAL ESTATE SERVICES., SECTION 10-34. PROFESSIONAL SERVICES. AND SECTION 10-36. PERSONAL AND BUSINESS SERVICE OCCUPATIONS. OF ARTICLE I. IN GENERAL, OF CHAPTER 10, LICENSES, TO EXEMPT GROSS RECEIPTS LESS THAN $3,000 FROM BUSINESS LICENSE TAX LIABILITY. COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUNIlKARY The amendments to the county's business license ordinance would exempt businesses in three license categories whose annual gross receipts are less than $3,000.00. For these businesses, many of which are part-time operations, the minimum license fee of $30.00 does not cover the administrative cost to the Commissioner of the Revenue's Office to process these licenses. BACKGROUND• Roanoke County's business license ordinance, Chapter 10 of the Roanoke County Code, currently contains no exemption for filing an annual return and purchasing a business license for very small or part time businesses. Likewise, real estate agents or professions who maintain their state licensure in association with another professional, but without being actively engaged in business, must technically obtain an annual business license from Roanoke County. The minimum license for personal and business service, real estate service and professional service categories is $30.00. SUMMARY OF INFORMATION: The Commissioner of the Revenue has determined that for 1993 there were 157 individuals or businesses who reported less than $3,000.00 in annual gross receipts but were required to obtain a business license for a fee of $30.00. This represented revenue of $4,710 to the county. If the threshold for purchasing a business license in one of these three categories was raised to $4,000.00, the number of licenses which would be exempted would be 194, with a revenue loss of $5,820 to the county. It is the conclusion of the Commissioner that this small loss in revenue will be more than offset by the increased efficiency of his office and the perception ~"~ of responsiveness to citizen complaints which initiated this change. FISCAL IMPACTS• Potential loss of approximately $5,000.00 per year in business license tax revenue. ALTERNATIVES• 1. Adopt the proposed ordinance exempting certain small business from the county's business license ordinance. 2. Reject the proposed amendments and retain the current requirement for all businesses to obtain an annual business license from the county. STAFF RECOMMENDATION: The staff recommends alternative # 1. J ph &. Obenshain S~ for Assistant County Attorney Action Approved Denied Received Referred to Motion by Vote No Yes Abs Eddy Johnson Kohinke Minnix Nickens Respectfully submitted, ~'.' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 14, 1993 ORDINANCE AMENDING AND REENACTING SECTION 10-33. REAL ESTATE SERVICES., SECTION 10-34. PROFESSIONAL SERVICES. AND SECTION 10-36. PERSONAL AND BUSINESS SERVICE OCCUPATIONS. OF ARTICLE I. IN GENERAL, OF CHAPTER 10, LICENSES, TO EXEMPT GROSS RECEIPTS LESS THAN $3,000 FROM BUSINESS LICENSE TAX LIABILITY. WHEREAS, Section 10-36, "Personal and Business Service Occupations" of the Roanoke County Business License Ordinance imposes a business license tax of $0.34 per $100.00 of gross receipts upon a wide variety of personal and business services conducted within the County of Roanoke with a minimum license tax of thirty dollars ($30.00); and WHEREAS, the broad definition of "personal and business service" defined by representative example in subsection (b) of Sec. 10-36 includes many services conducted on a part-time basis and by juveniles and retired individuals; and WHEREAS, Section 10-34, "Professional services" of the License Ordinance imposes a business license tax of $0.50 per $100.00 of gross receipts upon every person providing professional services within the County with a minimum license tax of thirty dollars ($30.00); and WHEREAS, the definition of "professional services" defined in subsection (b) of Sec. 10-34 may include retired or part-time professionals or those individuals who maintain a valid state professional license merely to prevent such license from lapsing; and 1,a WHEREAS, Section 10-33, "Real estate services" of the License Ordinance imposes a business license tax of $0.50 per $100.00 of gross receipts upon every person providing real estate services, including real estate agents, brokers, escrow agents and appraisers, within the County with a minimum license tax of thirty dollars ($30.00); and WHEREAS, the definition of "real estate services defined in subsection (c) of Sec. 10-33 may include retired or part-time real estate agents or brokers or those individuals who maintain an agent's license with a licensed real estate broker to prevent such license from lapsing; and WHEREAS, the administrative time and expense incurred by the Commissioner of the Revenue's Office in processing the large number of such persons for whom the minimum tax of $30.00 will apply is not cost effective for the County of Roanoke; and WHEREAS, no specific exemption exists in this ordinance to permit the Commissioner to excuse the filing of a return and the payment of a business license tax by those persons having gross receipts of only a few thousand dollars each year; and WHEREAS, a first reading of this ordinance was held on August 24, 1993; and the second reading was held on September 14, 1993. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Section 10-33 Real Estate Services. Section 10-34. Professional Services. and Section 10-36 Personal and business service occupations. of Article I. In General, of Chapter 10, LICENSES, be amended and reenacted as follows: ~ -~ Sec. 10-33. Real Estate Services. (a) Every person engaged in the business of providing a real estate service shall pay for the privilege an annual license tax of fifty cents ($0.50) per one hundred dollars ($100.00) of gross Sec. 10-34. Professional services. (a) Every person engaged in the business of providing a professional service shall pay for the privilege an annual license tax of fifty cents ($0.50) per one hundred dollars ($100.00) of Sec. 10-36. Personal and business service occupations. (a) Every person engaged in the business of providing a personal or business service shall pay for the privilege an annual license tax of thirty-four cents ($0.34) per one hundred dollars ~a ACTION NO. ITEM NUMBER "` AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER MEETING DATE: September 14, 1993 AGENDA ITEM: Appointments to Committees, Commissions and Boards COUNTY ADMINISTRATORS COMMENTS: SUMMARY OF INFORMATION: 1. Grievance Panel Two-year term of Cecil Hill will expire September 27, 1993. He is eligible for reappointment. Two-year term of Joy A. Herbert, Alternate will expire October 10, 1993. Ms. Herbert is moving out of the Roanoke Valley and is not eligible to serve another term. 2. Industrial Development Authority Four-year terms of Billy H. Branch and W. Darnall Vinyard will expire September 26, 1993. They are eligible for reappointment. 3. Virginia Western Community College Board Unexpired four-year term of Patrick N. Shafner. Mr. Shafner has moved out of Roanoke County and is no longer eligible to serve on the Board as a Roanoke County appointee. His term will expire June 30, 1995. Submitted by: ~ Gr.~•tfi- .~. C:~L.~ Mary H. Allen, CMC Clerk to the Board Approved by: C1 Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Eddy Received ( ) Johnson Referred ( ) Kohinke To ( ) Minnix Nickens ki-s AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 14, 1993 RESOLUTION 91493-9 APPROVING AND CONCURRING IN CERTAIN ITEMB SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM R - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for September 14, 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, inclusive, as follows: 1. Approval of Minutes - August 24, 1993 2. Acknowledgement of Acceptance of 0.16 Miles of Whipplewood Court into the Secondary System by the Virginia Department of Transportation. 3. Request for Approval of a Raffle Permit and One- Time Bingo Game from the Penn Forest Elementary School PTA. 4. Request for Approval of a Raffle Permit from the National Wild Turkey Federation. 5. Request for Approval to Hire Outside Counsel for the Cable TV Committee. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: /~ Mary H. A len, Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Bingo/Raffle File Cable TV File t August 24, 1993 Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, S.W. Roanoke, Virginia 24018 August 24, 1993 503 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday, and the first regularly scheduled meeting of the month of August, 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 (Arrived 3:30 p.m.) MEMBERS ABSENT: None STAFF PRESENT: Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Green, Director, Community Relations IN RE: OPENING CEREMONIES The invocation was given by the Reverend Samuel W. Crews, Coopers Cove Baptist Church. The Pledge of Allegiance was Auqust 24, 1993 5 O ___ ___ __. . oun y ase on e i ea prove e y er husband; and WHEREAS, the seal depicts a Native American, representative of the people who hunted and fished in the Roanoke Valley, along with the scenic beauty of the area; and WHEREAS, the Rhodenizers prevailed upon the Board of Supervisors to consider adoption of the seal as the symbol of Roanoke County; and WHEREAS, in June, 1968, twenty-five years ago, the seal designed by the Rhodenizers was officially adopted by the Roanoke County Board of Supervisors, and has been used since that time to identify Roanoke County. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, expresses its appreciation to Clifford and Betty Rhodeni~er for designing the seal and for bringing their ideas to the County for consideration; and BE IT FURTHER RESOLVED, that the Board of Supervisors congratulates the Rhodenizers on the twenty-fifth anniversary of the adoption of the seal. On motion of Supervisor Kohinke to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens ?. Resolution of Aooreciation to Deidre Lee and Mike August 24, 1993 5a; upervisors o oano a Coun y, Virginia, wishes to express its appreciation to DEIRDRE LEE and MIKE ZIRKLE for their quick response and assistance to Alana Fuller in her time of need. On motion of Supervisor Kohinke to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens 3. Recognition of Receipt of the Governmental Finance Officers Association Certificate of Achievement for Excellence in Financial Reportins. Chairman I~innix presented a plaque to Diane Hyatt, Director of Finance, and a certificate of achievement to Vincent Copenhaver, Chief Accountant. IN RE: NEW BUSINESS 1. Rectuest for Resolution of Support for a Grant ADDllcation to the Virginia Recreational Trails Fund Program. (Jim Jones, Assistant Director of Parks R-82493-3 Mr. Jones reported that this grant program provides funds for recreational trails and trails-related facilities and is administered by the Department of Conservation and Recreation Auqust 24, 1993 r X09 Virginia, hereby agrees to pay direct labor cost for planning and design, right-of-way, and construction of these projects, and that, if the County of Roanoke, Virginia subsequently elects to cancel this project, the County of Roanoke, Virginia hereby agrees to reimburse the Virginia Department of Conservation & Recreation for she total amount of the costs expended by the Department through the date the Department is notified of such cancellation. On :^otion of Supervisor Kohinke to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens 2. Rectuest for Financial Support of the 1993 Alonzo StaaQ Bowl in Salem, Virginia. (Tim Gubala, Director of Economic Development) A-82493-4 Mr. Gubala advised that the City of Salem has secured a bid to host the Division III NCAA National Championship Amos Alonza Stagg Bowl football game in Salem for the next three years. A regional effort is being organized to support the games which will be covered nationally. The Tournament Committee has requested sponsorship funds from the County. Mr. Gubala advised that there are two alternatives: (1) A Game Day Brunch at a cost of $3,500; or (2) A silver Corporate Patron Package for August 24, 1993 motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens RESOLUTION 82493-5 AIITHORIZING APPLICATION TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY (VPSA) FOR FALL 1993 FINANCING OF SCHOOL PROJECTS WHEREAS, The Roanoke County School Board and the Board of Supervisors ("Board") of the County of Roanoke, Virginia ("County") have determined that it is advisable to contract a debt and issue general obligation bonds of the County in an amount not to exceed $2,310,000 to finance certain capital improvements for public school purposes ("Bonds") and to sell the Bonds to the Virginia Public School Authority ("VPSA"); NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. The County Administrator is authorized and directed to submit an application to the VPSA in order to sell the Bonds to the VPSA at the Fall 1993 VPSA bond sale. 2. This resolution shall take effect immediately. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens 4. Consideration for Additional VDOT Revenue Sharin Auqust 24, 1993 5 '~ y IN RE: REQUESTS FOR WORR SESSIONS 1. Remaest for Joint Work Session with the School Board on September 14 to Discuss Capital Planninq. Diane Hvatt, Finance Director) Supervisor Nickens moved to set a work session with the School Board on Capital Planning for September 14, 1993. The motion carried by tha following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None Dr. Wilson, Superintendent of Roanoke County Schools, described the work session. Supervisor Eddy asked that information be provided in advance of the work session. Supervisor Johnson asked for a new printout on the debt service. IN RE: REZONING ORDINANCES - CONSENT AGENDA Supervisor Johnson moved to approve the first reading and set the public hearings for September 28, 1993. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None 1. Ordinance to rezone 0.85 acres from R-1 to C-2 and obtain a Special Use Permit to Operate a Used Automobile Dealershi Located at the South aide of Peters Creek Road West of the North Park Office Complex, Hollins Maqisterial District, Upon the Petition of William L. Hite. August 24, 1993 ~~~~ recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ORDINANCE 82493-7 AIITHORIZING LEASE EXTENSION IN CONNECTION WITH OFFICE SPACE IN THE NEW COIINTY ADMINISTRATION CENTER WHEREAS, by Ordinance No. 52593-5, the Board of Supervisors of Roanoke County authorized the County Administrator to extend the existing lease of 14,795 square feet of office space at the new County Administration Center to Blue Cross and Blue Shield of Virginia from June 1, 1993, through September 30, 1993, at $13,870.31 per month rental to be paid into an escrow account with HCMF Real Estate for improvements to the Traveler's Building, plus payment of $3,548.65 per month to Peery Realty, Inc., for extension of the County's lease of office space at Brambleton Corporate Center through December 31, 1993; and, WHEREAS, Blue Cross and Blue Shield has requested an additional extension of said lease at a monthly rental of $30,000.00, and; WHEREAS, it would serve the public interest for the County to further extend said lease agreement; and, WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition or conveyance of an interest in real estate, including leases, shall be accomplished by ordinance; the first reading of this ordinance was held on August 24, 1993, and the requirement of a second reading was dispensed with by the August 24, 1993 5~~ effective from the date of its adoption on August 24, 1993. On motion of Supervisor Nickens to adopt the ordinance and waive the second reading, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None 2. Ordinance Amending and Reenacting Section 12 34, Display of Decal Generally, of Article II. Count Vehicle License of Chapter 12 of the Roanoke County Code to Expand the Recruirement for Display of County Vehicle Decals. (Paul Mahoney, County Attorney) Mr. Mahoney explained that this amendment would strengthen the ordinance to include failing to display a current county decal as well as operating the vehicle without a decal. He advised there would be minor wording changes to the ordinance at second reading. Supervisor Nickens moved to approve the first reading and set the second reading for September 14, 1993. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None 3. Ordinance Amendin and Reenactin Section 10-33 Real Estate Services Section 10-34 Professional Services. and Section 10-36, Personal and Business Auqust 24, 1993 ~ ~ 9 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 82493-8 AMENDING AND REENACTING ORDINANCE 82592-12, THE ZONING ORDINANCE FOR ROANORE COUNTY, BY THE ADOPTION OF CERTAIN PROVISIONS CONCERNING AMATEUR RADIO TOWERS IN THE VARIOUS ZONING DISTRICTS OF THE COUNTY WHEREAS, on August 25, 1992, the Board of Supervisors of Roanoke County, Virginia adopted Ordinance 82592-12 which enacted a zoning ordinance for Roanoke County; and, WHEREAS, after the adoption of said ordinance, it was determined that the Federal Communications Commission had issued certain regulations pursuant to federal law which may constitute a limited preemption of local regulation of amateur radio towers, and which may conflict with certain provisions of the zoning ordinance; and, WHEREAS, these amendments allow amateur radio towers in all districts, require a special use permit to exceed existing height limitations or to locate in residential districts, establish use and design standards, and modify standards for broadcasting towers; and, WHEREAS, the Planning Commission for Roanoke County held its public hearing on these amendments on June 1, 1993, and has recommended approval of an ordinance adopting these amendments to the Board of Supervisors of Roanoke County, August 24, 1993 52 j County, Virginia, that the Zoning Ordinance for Roanoke County, adopted August 25, 1992, be, and hereby is, amended and reenacted, as follows: 1. That Section 30-29-7, Miscellaneous Use Types be amended by the addition and modification of the use type descriptions for amateur radio towers and broadcasting towers as follows: 2. That in all Agricultural, Residential, Commercial and Industrial zoning districts, Amateur Radio Tower be added to the list of uses allowed by right, up to the height limitation specified in the Use and Design Standards, by amending the following sections as indicated: August 24, 1993 523 Tote?>< SEC 30-53 C-1 OFFICE DISTRICT Section 30-53-2 (A) 5. ts;^~t~`~'d~'~`o[~~~~~:: ............ SEC 30-54 C-2 GENERAL COMMERCIAL DISTRICT Section 30-54-2 A 6. ... ............::: ::: .::: ........:..,:,.:.;. SEC 30-61 I-1 INDUSTRIAL DISTRICT Section 3 0 - 61-2 (A) 6 . t>''~'.?~ti~~';;:`:.~~'<><? .<:. .,: .............. SEC 30-62 I-2 INDUSTRIAL DISTRICT Section 30-62-2 A 6. ~~ ~ ~ ~°~~ ( ) Am~~~~~ ;Radio Tv~te~«>? 3. That Section 30-87, Miscellaneous Uses be amended by the addition of Use and Design standards for Amateur Radio Towers as follows: Sew. 30-8,7 0,.~``>``.>: :~na~~~tr R~:do Tc~~ter (A)' ',`»'~~heral .standards;: August 24, 1993 X25 a~tat~txr rad~.o tca~te~~hal~ ~~ 6a ~ee~ And tone August 24, 1993 527 **** 5. Towers shall be illuminated as required by the Federal Communications Commission (FCC) aflc~r Fedex'a~. ~v;iati~an Ac~tainstt~~~.c~n (FO)P;, but no lighting shall be incorporated if not required by ............... ......... ~e--FCC either agency, other than essential security lighting. 6. Any tower proposed within two miles from any general or commercial airport, or located at a ground elevation at or above 2,000 feet, average effect immediately after its final passage. All ordinances or August 24, 1993 529 _ _ - - across cer ain properties; and, WHEREAS, said easements are to be acquired to facilitate any future construction of the water line project; 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 July 27, 1993, and the second reading was held on August 24, 1993. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows: 1. That the acquisition and acceptance of the necessary easements for the South Transmission Line Project and the Starkey Road Water Project are hereby authorized across the following properties, referenced by Tax Map Number, from the following property owners, their successors or assigns: Tax Map No. Proberty Owner 97.05-01-01 Harris, Ola Agee 97.01-02-12 Lemon, Curtis & Dorothy and 97.01-02-11 Bogese, Lemon, Charles & Anne Catherine L. 97.01-02-10 Lemon, Charles & Curtis 96.02-01-43 McCormi ck, Nina H. 86.03-04-05 Arthur, Jeffrey D. & Bernice 86.03-02-01 Reed, L ewis H. & Alene 86.03-01-43 Hofer, Charles & Zurna TAX MAP NO. PROPERTY OWNER 86.01-01-49.1 Minter, Wayne E. & Glenna S 86.01-01-49.2 . Spitzer, Arnold R. & Donna 86.01-01-45 Brundedge, Jasper & Sharon 76.03-04-51 Harman, Richard P. & Margaret 76.03-04-33 Jones, Thomas Michael & Mabel 76.03-03-78 Turner, Charles B. & Connie 76.03-03-75 Kettleson, J. Benton & Wanda 74.00-02-23 Obenchain, Learleen Acquisition Easement Easement Easement Easement Easement Easement Easement Easement ACQUISITION Easement Easement Easement Easement Easement Easement Easement Easement August 24, 1993 ~3~ 66.01-02-09 Clingenpeel, Ronald L. & Betty Easement 66.01-01-20 Wood, Robert E., Jr. Easement 66.01-01-13 Mills, Lewis Harvey & Mary W. Easement 66.01-01-05 Hale, William E. Easement 66.01-01-03 Hale, William E. Easement 66.01-01-02 Haymaker, Charlotte K. Easement 66.01-01-01 Salem, City of Easement 66.00-01-12.4 Moulse, Helen H. Easement 65.00-03-10.7 Noell, Brent L. Easement 65.00-03-10.6 Noell, Keith E. & Cathy Easement 65.00-03-10.2 Webb, Frank Wayne Easement 65.00-03-10.1 Noell, Brent L. & Susan C. Easement 65.00-03-03 Noell, Shirley Webb Easement 65.00-03-02 Hedge, Willie D. & Laura K. Easement 65.00-03-O1 Noell, Shirley Welib Easement 65.00-02-37 Beason, F. M. & Audrey O. Easement 65.00-02-35 Lucas, Dennis L. & Leketa C. Easement 65.00-01-43 Hudson, Grace Lee Hale Easement 65.00-01-42 Boone, Charles W. Easement 65.00-01-09 Alls, Marvin J. & Lillian Easement 65.00-01-08 Obenchain, Horace M. Easement 65.00-01-05 Obenchain, Horace M. Easement 65.00-01-04.1 Helton, Christopher W. Easement 65.00-01-04 Barnett, Robert E. Easement 65.00-01-03 Thurman, Ellen Marie Easement 65.00-01-02 Thomas, David & Martha Easement 65.00-01-01 Mauney, Harry C. & Mary D. Easement 2. That the consideration for each easement acquisition shall not exceed a value equal to 40$ of the current tax assessment for the property to be acquired plus the cost of actual damages, if any; and 3. That the consideration for each easement shall be paid from the South Transmission Line Project and the Starkey Road Water Line Project funds; and, 4. That the County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to accomplish this acquisition, all of which shall be on form approved by the County Attorney. August 24, 1993 the state code; and WHEREAS, the first reading of this ordinance was held on July 27, 1993, and the second reading was held on August 24, 1993. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Section 12-8, "Adoption of state law," Article I, "In General," of Chapter 12, "MOTOR VEHICLES AND TRAFFIC," be amended and readopted to read and provide as follows: Sec. 12-8. Adoption of state law. Pursuant to the authority of Section 46.2-1313 of the which, by their very nature, can have no application to or within the County, are hereby adopted and incorporated in this chapter by reference and made applicable within the county. References to "highways of the state" contained in such provisions and requirement hereby adopted shall be deemed to refer to the streets, highways, and other public ways within the County. Such provision and requirements, as amended from time to time, are hereby adopted and made a part of this chapter as fully as though set forth at length herein, and it shall be unlawful for any X33 August 24, 1993 53 ~ in the ordinance was to establish a mandatory percentage of an organization's gross receipts which must be used for charitable purposes. He advised that in response to a Board inquiry, language was added authorizing the Commissioner of the Revenue to waive the membership list requirement under certain circumstances. 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 82493-11 AMENDING AND REENACTING ARTICLE V. BINGO GAMES AND RAFFLES OF CHAPTER 4, AMIISEMENTS OF THE ROANORE COIINTY CODE. WHEREAS, § 18.2-340.8 of the Code of Virginia, 1950, as amended, authorizes the governing body of any county to adopt an ordinance for the purpose of regulating any bingo game or raffle within such county as long as not in conflict with the provisions of Article 1.1, Bingo and Raffles, of Chapter 8 of Title 18.2 of the Code of Virginia; and WHEREAS, the 1993 Session of the General Assembly has adopted amendments to the above mentioned Article 1.1, Bin o and Raffles, which necessitate corresponding amendments to the Roanoke County Code to remove any conflict between the County Code and the Code of Virginia; and WHEREAS, the first reading of this ordinance was held on July 27, 1993; and the second reading was held on August 24, 5~~ August 2~1, 1993 ............... ,fib); Except as provided herein no person shall receive any remuneration for participating in the management, operation or conduct of any such game or raffle. Persons employed by organizations composed of or for deaf or blind persons may receive remuneration not to exceed thirty dollars ($30.00) per event for providing clerical assistance in the conduct of bingo games or raffles only for such organization. Persons eighteen (18) years of age and under who sell raffle tickets to raise funds for youth activities in which they participate may receive non-monetary incentive awards or prizes from the organization provided that organization is non-profit. ..................... (c) The spouse of any such bona fide member or a firefighter or rescue squad member employed by the county may participate in the organization and conduct of a bingo game or August 24, 1993 J shall not be subject to the limitations of this section, but there shall not be more than one such game per calendar day of play and the prize money from any such game shall not exceed one thousand dollars ($1,000.00). (Ord. No. 2816, § 4-22G, 3-24-81) State law reference(s)--Similar provisions, Code of Virginia, § 18.2-340.9(G, I). seg. 4-97. certificate to accompany financial report. (a) The financial report required by section 4-96 shall be accompanied by a certificate, verified under oath, by the board of directors of the organization that the proceeds of any bingo games or raffles have been used for those lawful, religious, charitable, community or educational purposes for which the organization is specifically chartered or organized and that the operation of bingo games or raffles has been in accordance with this article. (b) Any organization having annual gross receipts from bingo games or raffles in excess of tWt,~ hun~~d and f~.ft~ . €-~e 1,,,,..a,...,a :::: :. _: ~z~thousand dollars ($25E~rf)DE~?F':<QD_< ) as shown on its annual financial report, shall attach to such report an opinion executed by a licensed independent certified public accountant that (i) the annual financial report presents fairly, in all material respects, beginning cash, receipts, operating cost, use of proceeds, and ending cash ; (ii) the proceeds of any bingo games or raffles have been used, in all material respects, for those lawful, religious, charitable, community or educational 54 ~ _ August 24, 1993 _ Auqust 24, 1993 ~ ~ `~ August 24, 1993 545 shall have always been operated in the past as a nonprofit organization and shall have been in existence as such nonprofit organization for a period of at least two (2) years immediately prior to making application for the permit. (4-3) Any organization whose gross receipts from all bingo operations exceed, or can be expected to exceed, seventy-five thousand dollars ($75,000.00) in any calendar year shall have been granted tax- exempt status pursuant to section 501-(c) of the United States Internal Revenue Code. At the same time tax-exempt status is sought from the Internal Revenue Service, the same documentation may be filed with the Board of Supervisors for an interim August 24, 1993 :)k~' . State law reference(s)--Similar provisions, Code of Virginia, § 18.2-340.3(1, 2, 3, 4,& 5). Sec. 4-117. Valid only in county and at designated locations; exception. A permit issued under this division shall be valid only in this county and only in such locations as are designated in the permit application. However, an organization which has obtained a permit to conduct a raffle may sell such raffle tickets both in and out of the county ans. ~na~ conduct,' ~.ts; c~~t~ting ez'th ~n ,the ~urisc~ictzvrt. i~ w)x~:ch a ~na~v~it~ of the tickets were sold or a.n the juzzsd~.ct~.ar~ ~.ssuzng th,e permx~, except that pull-tab devices as defined in Sec. 4-86 used as part of a raffle may be sold only upon the premises owned or exclusively leased by such organization and at such times as it is not opened to the public, except to members and their guests. (Ord. No. 2816, § 4-15, 3-24-81) State law reference(s)--Similar provisions, Code of Virginia, § 18.2-340.3(2). 2• The effective date of this ordinance shall be October August 24, 1993 ~~a 1. that the certain section of the agenda of the Board of Supervisors for August 24, 1993 designated as Item K - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 8, inclusive, as follows: 1. Approval of Minutes - July 13, 1993, July 27, 1993 2. Confirmation of Appointments to Community Corrections Resources Board and the Social Services Advisory Board. 3. Request for Approval of a Raffle Permit From the Cave Spring Elementary School PTA. 4. Approval of Reimbursement Resolution for Lease/Purchases of Fire & Rescue Vehicles 5. Request for Acceptance Olney Road and Corllens Lane into the Virginia Department of Transportation Secondary System. 6. Authorization to Pay Legal Fees fog Firetruck Litigation with Grumman Aircraft Company. 7. Donation of a Sanitary Sewer Easement in Connection with the Route 11 Project of the Virginia Department of Transportation. 8. Donation of a Sanitary Sewer and Water Line Easements in Connection with the T.C.E. Projects. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None August 24, 1993 ~ 5 ! principal components of the Lease shall be $1,500,000 plus an amount sufficient to pay the costs incurred by the County in connection with the financing or financings and to fund any required reserves. The Director of Finance and the County Administrator are authorized to select a lessor or lessors and to execute and deliver on behalf of the County an appropriate Lease or Leases and such other documents, agreements and certificates as may be necessary to complete the lease financing. 4. The County Administrator, the Director of Finance and such officers, agents and employees of the County as either of them may direct are authorized and directed to prepare any and all instruments, opinions, certificates and other documents necessary to carry out the purposes of this Equipment and all such action previously taken s ratified and confirmed. 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 RESOLUTION SZ493-12.d REQUESTING ACCEPTANCE OF OLNEY ROAD AND CORLLENS LANE 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 Olney Road from the intersection of Mountain View Road (State Route 651) to August 24, 1993 553 NAYS: None IN RE: REPORTS AND INQOIRIES OF BOARD MEMBERS Supervisor Nickens• (1) He asked if the County could pay the bill for the legal notice regarding the referendum on elected school boards. Mr. Mahoney responded affirmatively. (2) He asked for reconsideration of a referendum regarding selection of school boards by the Board of Supervisors. Chairman Minnix placed this on the agenda after "Reports" Supervisor Johnson• (1) He announced that he attended a meeting at Ms. Castle's house to discuss issues with residents including consolidation, annexation, and problems in core cities such as lack of developable land. He asked for support from the Board members to set up a joint meeting with City of Roanoke to discuss these problems and potential solutions. Following discussion on best method to proceed, Chairman Minnix advised that he and Mr. Hodge will discuss the possibility of a joint meeting with Mayor Bowers and Bob Herbert. Supervisor Kohinke• (1) He attended the LGOC on August 15 - August 17, 1993 and received material which he will share with the Board members. (2) He advised that he felt there was a shortage of information from departments such as the Police Department. He asked for reports from various departments with statistical data, etc. to be placed under "Reports." (3) He advised that there is a need for a cat ordinance in his area. It was the consensus of the Board to consider a cat ordinance. Auqust 24, 1993 555 Executive Session pursuant to the Code of Virginia Section 2.1- 344 A (5) discussion concerning prospective businesses or industries where no previous announcement has been made of the business or industry~s interest in locating in the community; (7) to discuss legal matters requiring the provision of legal advice by the County Attorney and briefings by staff members concerning contract negotiations: expansion of the sewage treatment plant; and pending litigation: Sigmon, Boone & Beasley case; and (1) Discussion of a personnel matter; evaluation of the County Attorney. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: CERTIFICATION OF EXECIITIVE SESSION R-82493-13 At 7:05 p.m., Supervisor Johnson moved to adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLIITION 82493-13 CERTIFYING EXECOTIVE MEETING AAS HELD IN CONFORMITY AITH 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 August 24, 1993 55~ i Plannin & Zonin 0-82493-14 Mr. Harrington advised that the Planning Commission recommended approval of the petition and there were no citizens in opposition to the Special Use Permit. 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 82493-14 GRANTING A SPECIAL USE PERMIT MELROSE BAPTIST CHURCH TRUSTEES TO OPERATE AN AFTER SCHOOL DAY CARE PROGRAM LOCATED AT 3520 PETERS CREEK ROAD (TA% PARCEL 37.10-1-22), CATAWBA MAGISTERIAL DISTRICT WHEREAS, the Trustees of Melrose Baptist Church have filed a petition to allow the operation of an after school day care program located at 3520 Peters Creek Road in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on August 3, 1993; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on July 27, 1993; the second reading and public hearing on this matter was held on August 24, 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 August 24, 1993 ~ G ey e i was inappropriate that Mr. Hodge sent a copy of his response to Mr. Sligh's employer at the Department of Environmental Quality. They requested that Mr. Hodge be reprimanded and that he apologize to Mr. Sligh. 1. David Sligh, 7917 Bradshaw Road, Salem 2. E. Ray Wirt, P. O. Box 7412, Roanoke 3. Jeff Janosko, 8485 Newport Road, Catawba 4. Christoper Swan, 3618 Catawba Road, Blacksburg 5. Ginny Davis Owen, 6161 Cotton Hill Road, Roanoke Following the speakers, there was no discussion and no action was taken. IN RE: ADJOIIRNMENT At 7:20 p.m., Supervisor Nickens moved t~ adjourn. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None H. Odell "Fuzzy" Minnix, Chairman A-91493-9.a AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ITEM NUMBER MEETING DATE: September 14, 1993 AGENDA ITEM: Acknowledgement of Acceptance of 0.16 Miles of Whipplewood 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 August 16, 1993. Branderwood. Section 5 0.16 Miles of Whipplewood Court (Route 1961) SUBMITTED BY: ./v Mary H. Allen Clerk to the Board ACTION NO. APPROVED BY: Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Bob L. Johnson No Yes Abs Denied ( ) Eddy x Received ( ) Johnson x Referred ( ) Kohinke x To ( ) Minnix x Nickens x cc: File Arnold Covey, Director, Engineering & Inspections A-91493-9.b SUBMITTED BY: ITEM NUMBER -^ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 14, 1993 AGENDA ITEM: Request for Approval of a Raffle Permit and One- Time Bingo Game from the Penn Forest Elementary School P.T.A. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Penn Forest Elementary School P.T.A. has requested a permit to hold a raffle and one-time bingo game in Roanoke County on October 9, 1993. This application has been reviewed with the Commissioner of Revenue and he recommends that it be approved. He advises that one application will cover both permits since the monies collected will be used for the same purpose. The application is on file in the Clerk's Office. The organization has paid the $25.00 fee. STAFF RECOMMENDATION: It is recommended that the application for a Raffle Permit and One- Time Bingo Game be approved. cc: Mary H. Allen Clerk to the Board ACTION NO. APPROVED BY: ~~ Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Bob t.. .TohnGOn No Yes Abs Denied ( ) Eddy x Received ( ) Johnson x Referred ( ) Kohinke x To ( ) Minnix x Nickens x File Bingo/Raffle File COUNTY OF ROANOKE, VIRGINIA COMMISSIONER OF THE REVENUE APPLICATION FOR PERMIT TO CONDUCT RAFFLES OR BINGO Application is hereby made for a bingo game or raffle permit. This application is made subject to all County and State laws, rules, ordinances, and regulations now in force, or that may be enacted hereafter and which are hereby agreed to by the undersigned applicant and which shall be deemed a condition under which this permit is issued. All applicants should exercise extreme care to ensure the accuracy of their responses to the following questions. Bingo games and raffles are strictly regulated by Title 18.2-340.1 et. sea. of the criminal statutes of the Virginia Code, and by Section 4-86 et. sec. of the Roanoke County Code. These laws authorize the County Board of Supervisors to conduct a reasonable investigation prior to granting a bingo or raffle permit. The Board has sixty days from the filing of an application to grant or deny the permit. The Board may deny, suspend, or revoke the permit of any organization found not to be in strict compliance with county and state law. Any person violating county or state regulations concerning these permits shall be guilty of a Class 1 misdemeanor. Any person who uses any part of the gross receipts from bingo or raffles for any purpose other than the lawful religious, charitable, community, or educational purposes for which the organization is specifically organized, except for reasonable operating expenses, shall be guilty of a Class 6 felony. THIS APPLICATION IF FOR: (check one) / RAFFLE PERMIT ~ BINGO GAMES V Name of Organization ~t%i'lYl ~~~`)-~- ~L~ . SC,hr~~ ~•fi~ Street Address I~~'t'Y! r')'l(~ ~ ~~ . Mailing Address M{~'r' !')'1C1Y~ ~~ City, State, Zip Code ~~ C~-~O ~~' , ~~~ ~~ (~ Purpose and Type of Organization When was the organization founded? ~ I~~ Roanoke County meeting place? ~~? ,~'~,~ Has the organization bee in existence in Roanoke County for two Federal Identification Number continuous years? YES NO / Is the organization non-profit? YES " NO Attach copy of IRS Tax Exemption Letter. Officers of the Organization: President: ~r1,1. L"ll'1~1 r'1 Vice-President ~~1~1 ~'l , YC~ Address: Address: Secretary: -~ ~ (~ Treasurer: ~~~~f , V~~ Address: Address: Member authorized to be responsible for Raffle or Bingo operations: Name : ~_ ~1 jQ ~--~(X~`l j'~ Home Address •~~_~ ~'~ • I' IQ~C,~ ~4~ Phone ~~Z.' ~'>~ ~ Bus Phone A COMPLETE LIST OF THE NAMES AND ADDRESSES OF CIIR~tENT MEMBERSHIP MOST BE FIIRNISHED WITH THIS APPLICATION. ~ ~ ~i (-e ~~ ~ rl~d~e Specific location where Raffle or Bingo Game is to be conducted. RAFFLES : Date of Drawing ~(~ _ ~ - ~ ~ Time of Drawing F\~ '~ BINGO: Days of Week and Hours of Activity: Sunday Monday Tuesday Wednesday Thursday Friday Saturday From To From To From To From To From To From~ To From t rlprtl To 2 State specifically how the proceeds from Bingo/Raffle will be used. List in detail the planned or intended use of the proceeds. Use estimated amounts if necessary. ~~ vY7~'~G ~ ~4~~~ -?1-~'r1-~-~ ~~ ~ C h ~~~~ ~ `emu- L-~ P S ~: ~~ P ~ ~'~' x~~ 3 BINGO: Complete the following: Legal owner(s) of the building where BINGO is to be conducted: Name : Gln uX ~i . f~ ~ f (,~ ~ rYl Address : ~ ~3~`I~ (~.~1~! C~ ~ County~(~~~{-°1~ ~~C~~ State~~ZIP ~. Is the building owned by a 501-C non-profit organization? .~ Seating capacity for each location: ~ ~~ Parking spaces for each location: ~ (J~ ALL RAFFLE AND BINGO APPLICANTS MUST ANSWER QUESTIONS 1-19 1. Gross receipts from all sources related to the operation of Bingo games or Instant Bingo by calendar quarter for prior calendar year period. BINGO TNSTANT RTN(~n 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter TOTAL 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter TOTAL r'~ ~-~ Y~ , ~" 2. Does your organization understand that it is a violation of law to enter into a contract with any person or firm, association, organization, partnership, or corporation of any classification whatsoever, for the purpose of organizing, managing, or conducting Bingo Games or Raffles? ~_ 3. Does your organization understand that it must maintain and file complete records of receipts and disbursements pertaining to Bingo games and Raffles, and that such recp d ~_are subject to audit by the Commissioner of the Revenue? 4. Does your organization understand that the Commissioner of the Revenue or his designee has the right to go upon the premises on which any organization is conducting a Bingo game or raffle, to perform unannounced audits, and to secure for audit all records required to be maintained for Bingo games or raffles? (~~~ 4 5. Does your organization understand that a Financial Report must be filed with the Commissioner of the Revenue on or before the first day of DECEMBER of each calendar year for which a permit has been issued? yP _r~. 6. Does your organization understand that if gross receipts exceed fifty thousand dollars during any calendar quarter, an additional Financial Report must be filed for such quarter no later than sixty days following the last day of such quarter? ~',~.~C~ 7. Does your organization understand that the failure to~file financial reports when due shall cause automatic revocation of the permit, and no such organization shall conduct any Bingo game or Raffle thereafter until such report is properly filed and a new permit is obtained? ~. .5 8. Does your organization understand that each Financial Report must be accompanied by a Certificate, verified under oath by the Board of Directors, that the proceeds of any Bingo game or raffle have been used for these lawful, religious, charitable, community, or educational purposes for which the organization is specifically chartered or organized, and that the operations of Bingo games or raffles have been in accordance with the provisions of Article 1.1 of Chapter 8, Title 18.2 of the Code of Virginia? _ ° ' 9. Does your organization understand that a two (2) percent audit fee of the gross receipts must be paid to the County of Roanoke upon submission of the annual financial report due on or before the first of December? 10. Does your organization understand that this permit is valid only in the County of Roanoke and only at such locations, and for such dates, as are designated in the permit application? (~ ' 11. Does your organization understand that no person, except a bona fide member of any such organization who shall have been a member of such organization for at least ninety days prior to such participation, shall participate in the management, operations, or conduct of any bingo game or raffle, and no person shall receive any remuneration for participating in man Bement, operations, or conduct of any such game or raffle? 12. Has your organization attached a check for the annual permit. fee in the amount of $25:00 payable to the County of Roanoke? 5 13. Does your organization understand that any organization found in violation of the County Bingo and Raffle Ordinance or Section 18.2-340.10 of the Code of Virginia authorizing this permit is subject to having such permit revoked and any person, shareholder, agent, member or employee of such organization who violates the above to~having such permit revoked and any person, shareholder, agent, member or employee of such organization who vio~.ates the above referenced Codes may be guilty of a felony? ~~ 14. Has your organization attached a complete li t of its membership to this application form? cF~~ ~ ~~ j ~ ~~ 15. Has your organization ttached a co y of its bylaws to this application form? ~~ ~ ~ ~~~ ~ F" ~ ~(~ 16. Has the organization been declared exempt fromi Jp~operty taxation under the Virginia Constitution or statues? V- If yes, state whether exemption is for real, ersonal propert , or both and identify exempt property. ~Ur~no~;~ ~ ~L~~ Ij ~ ~t ~~(--s 17. State the specific type and purpose of the organization. k? ^ c~ 18. Is this organization incorporated in Virginia? ~S If yes, name a d address of Re s eked Agent: i~o~'~noi~ ~'cS ~~~i-c .~~Y~(~'~~,5 19. Is the organization registered with the Virginia Department of Agriculture and Consumer Affairs pursuant to the Ch~r~table Solicitations Act, Section 57-48 of the Virginia Code? (If so, attach copy of registered agent.) Has the organization been granted an exemption from registration by the Virginia Department of Agriculture and Consumer Affairs? ~ (", (If so, attach copy of exemption.) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ALL RAFFLE APPLICANTS DESCRIBE THE ARTICLES TO BE RAFFLED, VALUE OF SUCH ARTICLES, AND PROCEED TO NOTARIZATION. Article Description ` ~~mU~ C~~nr~i ~~~ S-~~~c~ (~~ ~~ Fair Market Value U ~~c~°- l~~U%J 6 ~~~ `~, i~~~ i ALL BINGO APPLICANTS MUST ANSWER QUESTIONS 20 - 27 BEFORE NOTARIZATION RAFFLE APPLICANTS, GO TO NOTARIZATION. 20. Does your organization understand that the bingo games shall not be conducted more frequently than two calendar days in any calendar week?~A~ S 21. Does your organization understand that it is required to keep complete records of the bingo game. These records based on §18.2- 340.6 of the Code of Virginia and §4.98 of the Roanoke County Code must include the following: a. A record of the date, quantity, and card value of instant bingo supplies purchased, as well as the name and address of the supplier of such instant bingo supplies, and written invoice or receipt is also required for each purchase of instant bingo supplies? (/~,~ `~ b. A record in writing of the dates on which Bingo is played, the number of people in attendance on each date,, and the amount of receipts and prizes on each day? (These records must be retained for three yea s.) c. A record of the name and address of each individual to whom a door prize, regular or special Bingo game ize or jackpot from the playing of Bingo is awarded? s d. A complete and itemized record of all receipts and disburse- ments which support, and that agree with, the quarterly and annual reports required to be filed, and that these records must be maintained in reasonable order to permit audit?~-{~ S 22. Does your organization understand that instant Bingo may only be conducted at such time as regular bingo game is in progress, and only at such locations and at such times as are specified in this application? ~~,~ 23. Does your organization understand that the gross receipts in the course of a reporting year from the playing of instant Bingo may not exceed 33 1/3~_of the gross receipts of an organization's Bingo operation?~ 24. Does your organization understand it may not sell an instant bingo card to an individual below sixteen years of age?__~.~![JS~ 7 25. Does your organization understand that an organization whose gross receipts from all bingo operations that exceed or are expected to exceed $75,000 in any calendar year shall have been granted tax-exempt status pursuant to Section 501C Internal Revenue Code Service? (Certificate must be attached.) 26. Does your organization understand that a Certificate of Occupancy must be obtained or be on file which authorizes this use at the proposed location?~~ 27. Does your organization understand that awards or prize money or merchandise valued in excess of the following amounts are illegal? a. No door prize shall exceed twenty-five dollars. b. No regular Bingo or special Bingo game shall exceed One Hundred dollars. c. No jackpot of any nature whatsoever shall exceed One Thousand Dollars, nor shall the total amount of jackpot prizes awarded in any one calendar day exceed One Thousand Dollars. 28. Does you organization understand that annual gross receipts from bingo games or raffles in excess of five hundred thousand dollars ($500,000.00), shall attach to such report an opinion of a licensed independent certified public accountant that (i) the annual financial report presents fairly, in all material respects, beginning cash, receipts, operating cost, use of proceeds, and ending cash. (ii) the proceeds of any bingo games or raffles have been used for those lawful, _religious, charitable, community or education purposes? (~~ ~ Does your organization understand the failure o file the opinion of a licensed independent certified public accountant shall cause the automatic revocation of permit? `~ 8 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NOTARIZATION: THE FOLLOWING OATH MUST BE TAKEN BY ALL APPLICANTS I hereby swear or affirm under the penalties of perjury as set forth in §18.2 of the Code of Virginia, that all of the above statements are true to the best of my knowledge, information, and beliefs. All questions have been answered. ~~~ ~~{c~(~~ My commission expires: ~/,~ '~Q 19 '1~ o ry Public RETURN THIS COMPLETED APPLICATION TO: COMMISSIONER OF THE REVENUE P.O. BOX 20409 ROANOKE, VA 24018-0513 NOT VALID UNLESS COUNTERSIGNED The above application, having been found in due form, is approved and issued to the applicant to have effect until December 31st of this calendar year. Date Commis over of t Revenue The above application is not approved. Date Commissioner of the Revenue 9 Subscribed and sworn befo me, his ~ day of 197 in the County/City of~ Virgini . DEPARTM E NT OF TAXATION - Form ST-13 COMMONWEALTH OF VIRGINIA (Rev.7/sb) TO: SALES AND USE TAX CERTIFICATE OF EXEMPTION (Name of Dealer) B30 1987 ~j E ~~ Date , 19 (Number and Sttm or Rural Routel (City, Town, or Post Offs«) (State and Zip Cade) The Virginia Retail Sales and Use Tax Act provides that the Virginia sales and use tax shall not apply to the kinds and classes of tangible personal property shown in Items 1 through I 1 below when purchased for the specific purposes set out in Items 1 through 11. The undersigned purchaser hereby certifies that all tangible personal property purchased or leased from the above named supplier on and after this date will be purchased or leased for the purpose indicated below, unless otherwise specified on each order, and that this Certificate shall remain in effect until revoked in writing by the Department of Taxation (Check proper box below). ^ I. Tangible personal property purchased or leased for use or consumption by anon-profit college or other institution of learning or a non- commercial educational telecommunications entity not conducted for profit. ^ 2. Tangible personal property purchased or leased for use or consumption by a ^non-profit hospital, ^non-profit licensed nursing home, ^ licensed non-profit, nonstock home for adults or ^non-profit health maintenance organization. ^ 3. Tangible personal property purchased or leased for use or consumption by a volunteer fire department or volunteer rescue squad, not conducted for profit, and construction materials to be incorporated into realty when sold to and used by such organization, rather than a contractor, in construction, maintenance, or repair of any property of such organization. ^ 4. Tangible personal property purchased for use or consumption by anon-profit hospital cooperative ornon-profit hospital corporation which is operated solely for the purpose of providing services to non-profit hospitals. ^ 5. Historical documents, manuscripts, maps and rare books purchased by anon-profit State historical society which maintains a research library open to the public without charge. ^ 6. Controlled drugs purchased by a licensed physician for use in his professional practice. ^ 7. Tangible personal property purchased or leased for use or consumption by a qualified non-profit nutritional program for the elderly. ^ 8. Tangible personal property purchased or leased for use or consumption by anon-profit organization organized exclusively to provide education, training and services to retarded citizens provided that l.) such property is used exclusively in providing these services and 2.) the organization receives more than SO% of its funding from government sources. ^ 9. Tangible personal property purchased or leased for use or consumption by the Virginia Humane Society and other like non-profit organizations for the prevention of cruelty to or the promotion of humane care of animals. ^ 10. Tangible personal property for use or consumption by anon-profit food bank or other organization organized and operated exclusively for the distribution of food to infants, the ill or the needy. ^ 11. Tangible personal property purchased by Parent Teacher Associations and other groups associated with nonprofit elementary and secondary schools in connection with fund raising activities where the net proceeds will be contributed directly to the school or used by the group to purchase certified school equipment; and certified school equipment purchased by such groups for contribution directly to the nonprofit school. Name of purchaser. (,~ 3 z~ V ~ n ~ - Q 1r'~-~T ~`h~ ~rti ~ Certificate of 3 Registration No., if any S'T ~ ~ ~ ~ l<-..~ ~ ~ ~ o ~~ (Number and Street or Rural Route) (City, Town or Post Office) (State and I certify that I am authorized to sign this Certificate of Exemption and that, to the best of my knowledge and belief, it is true and correct, made in good faith, pursuant to the Virginia Retail Sales and Use Tax Act. By (Si~natttn:) ~C ~ - (Title) / ) Information for dealer.-A dealer is inquired to have on file only one Certificate of Exemption properly executed by each purchaser buying or leasing tax exempt tangible personal property under this Certificate. NOTE: This exemption certificate does not provide exemption for religious, charitable, civic, or any other non-profit organization except those specifically noted above. 620 1060 cc: A-91493-9.c ACTION NO. ITEM NUMBER -~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 14, 1993 AGENDA ITEM: Request for approval of a Raffle Permit from the National Wild Turkey Federation COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The National Wild Turkey Federation has requested a permit to hold a raffle in Roanoke County on September 18, 1993. This application has been reviewed with the Commissioner of Revenue and he recommends that it be approved. The application is on file in the Clerk's Office. The organization has paid the $25.00 fee. STAFF RECOMMENDATION: It is recommended that the application for a Raffle Permit be approved. SUBMITTED BY: Mary H. Allen Clerk to the Board APPROVED BY: ~~~. Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Rnh L Jnhnsnl~ No Yes Abs Denied ( ) Eddy _~ Received ( ) Johnson x Referred ( ) Kohinke x To ( ) Minnix x Nickens x File Bingo/Raffle File y COUNTY OF ROANOKE, VIRGINIA COMMISSIONER OF THE REVENUE APPLICATION FOR PERMIT TO CONDUCT RAFFLES OR BINGO Application is hereby made for a bingo game or raffle permit. This application is made subject to all County and State laws, rules, ordinances, and regulations now in force, or that may be enacted hereafter and which are hereby agreed to by the undersigned applicant and which shall be deemed a condition under which this permit is issued. All applicants should exercise extreme care to ensure the accuracy of their responses to the following questions. Bingo games and raffles are strictly regulated by Title 18.2-340.1 et. seq. of the criminal statutes of the Virginia Code, and by Section 4-86 et. sea. of the Roanoke County Code. These laws authorize the County Board of Supervisors to conduct a reasonable investigation prior to granting a bingo or raffle permit. The Board has sixty days from the filing of an application to grant or deny the permit. The Board may deny, suspend, or revoke the permit of any organization found not to be in strict compliance with county and state law. Any person violating county or state regulations concerning these permits shall be guilty of a Class 1 misdemeanor. Any person who uses any part of the gross receipts from bingo or raffles for any purpose other than the lawful religious, charitable, community, or educational purposes for which the organization is specifically organized, except for reasonable operating expenses, shall be guilty of a Class 6 felony. THIS APPLICATION IF FOR: (check one) RAFFLE PERMIT Y BINGO GAMES Name of Organization T O~t1 ~I4f~ ~ U,eC6-y E~T10N Street Address ~~ ~~/~- S yL!//~-/~J/~ Mailing Address City , State , Z ip Code SALEn'! V /~} Z y/ 5 3 Purpose and Type of Organization ~p/~~ ~~ ~/'p ~ /~OF-/ / J~~ CO~S~~eiJ A-T/D~ r~U ~.t~05~ S When was the organization founded? ~A.p7~~2 N6~ /48'] _ Roanoke County meeting place? y~}ie/pv~ Has the organization been i existence in Roanoke County for two continuous years? YES ~ NO Is the organization non-profit? YES r/ NO Federal Identification Number $$ - ao 3 8 ~ ~/ Attach copy of IRS Tax Exemption Letter. Officers of the Organization: Vice-President ~Ej},~ /~ Address : ~'/g ~Vj~~j~ ~~ ~o~a~c ~' ~0~9 President: cJEFi~ Fi~r~~e Address: 3y/ ~GNIt~. ~ f/ SA-c.~/ ay /5~ Secretary : ,80$ ~~,uS Treasurer: Address : S(r 3 ~ C~,L.u B ,~,~ Address GZo.9-~v o~€ ~. yv/ 8 ~ 8 ~' / 3_ 3~ ~~~uD ~~' D ~,g~iJ o~ ~5/o i ~ Member authorized to be responsible for Raffle or Bingo operations: Name : ~Eyc~ ~ ETC~.ff'~~.. Home Address '3 ~{ ~ ~~tJ ~ ~~ . s/1'Z ~~ Phone 387- 9~e 8`7 Bus Phone-7,7Z ~7Z 0!~ A COMPLETE LIST OF THE NAMES AND ADDRESSES OF CURRENT MEMBERSHIP MUST BE FURNISHED WITH THIS APPLICATION. Specific location where Raffle or Binggo~ Game is to be conducted. TfeEBA~K our~~~-rsiCS 80ct.+c ~r ~D RAFFLES : Date of Drawing Time of Drawing ~~: ~ 7~''. A'r BINGO: Days of Week and Hours of Activity: Sunday From To Monday From To Tuesday From To Wednesday From To Thursday From To Friday From To Saturday From To 2 State specifically how the proceeds from Bingo/Raffle will be used. List in detail the planned or intended use of the proceeds. Use estimated amounts if necessary. .po r--I- Co ~ S~,r v A~~ e -~ ~ ~.L-qr~ b h Pr~, ~~0 1e.~5 3 BINGO: Complete the following: Legal owner(s) of the building where BINGO is to be conducted: Name: Address: County State ZIP Is the building owned by a 501-C non-profit organization? Seating capacity for each location: Parking spaces for each location: --~~, AL~ RAFFLE ND BINGO APPLICANTS MUST ANSWER QUESTI S 1-19 1. ross receipts from all sources related to the ion of Bingo games or Instant Bingo by calendar quarter for prior calendar year period. BINGO INSTANT BINGO 1st Quarter ~_ 2nd Quarter 3rd Quarter 4th Quarter TOTAL T~G- 1st Quarter 2nd Quarter ~ /,~ 3rd Quarter _~~~~"- 4th Quarter !J TOTAL jJ~„G, 2. Does your organization understand that it is a violation of law to enter into a contract with any person or firm, association, organization, partnership, or corporation of any classification whatsoever, for the purpose of organizing, managing, or conducting Bingo Games or Raffles? ~o S 3. Does your organization understand that it must maintain and file complete records of receipts and disbursements pertaining to Bingo games and Raffles, and that such records are subject to audit by the Commissioner of the Revenue? ~{~ S 4. Does your organization understand that the Commissioner of the Revenue or his designee has the right to go upon the premises on which any organization is conducting a Bingo game or raffle, to perform unannounced audits, and to secure for audit all records required to be maintained for Bingo games or raffles? j ,s 4 5. Does your organization understand that a Financial Report must be filed with the Commissioner of the Revenue on or before the first day of DECEMBER of each calendar year for which a permit has been issued? `'~~s 6. Does your organization understand that if gross receipts exceed fifty thousand dollars during any calendar quarter, an additional Financial Report must be filed for such quarter no later than sixty days following the last day of such quarter? YPS 7. Does your organization understand that the failure to file financial reports when due shall cause automatic revocation of the permit, and no such organization shall conduct any Bingo game or Raffle thereafter until such report is properly filed and a new permit is obtained? ~zo,5 8. Does your organization understand that each Financial Report must be accompanied by a Certificate, verified under oath by the Board of Directors, that the proceeds of any Bingo game or raffle have been used for these lawful, religious, charitable, community, or educational purposes for which the organization is specifically chartered or organized, and that the operations of Bingo games or raffles have been in accordance with the provisions of Article 1.1 of Chapter 8, Title 18.2 of the Code of Virginia? "~~ S 9. Does your organization understand that a two (2) percent audit fee of the gross receipts must be paid to the County of Roanoke upon submission of the annual financial report due on or before the first of December? "~c s 10. Does your organization understand that this permit is valid only in the County of Roanoke and only at such locations, and for such dates, as are designated in the permit application? `~u,S il. Does your organization understand that no person, except a bona fide member of any such organization who shall have been a member of such organization for at least ninety days prior to such participation, shall participate in the management, operations, or conduct of any bingo game or raffle, and no person shall receive any remuneration for participating in management, operations, or conduct of any such game or raffle? `{ef 12. Has your organization attached a check for the annual permit fee in the amount of $25.00 payable to the County of Roanoke?~tS 5 13. Does your organization understand that any organization found in violation of the County Bingo and Raffle Ordinance or Section 18.2-340.10 of the Code of Virginia authorizing this permit is subject to having such permit revoked and any person, shareholder, agent, member or employee of such organization who violates the above to~having such permit revoked and any person, shareholder, agent, member or employee of such organization who ~ iolates the above referenced Codes may be guilty of a felony? e 5 14. Has your organization attached a complete list of its membership to this application form? ~ S 15. Has your organization attached a copy of its bylaws to this application form? `~~s 16. Has the organization been declared exempt from property taxation under the Virginia Constitution or statues?~_ If yes, state whether exemption is for real, personal property, or both and identify exempt property. s Ncr er r~..,srr- ~rwOt.. y 17. State the specific type nd purpose of the organi ation. ~r Jr r 18. Is this organization incorporated in Virginia? If yes, name and address of registered Agent: 19. Is the organization registered with the Virginia Department of Agriculture and Consumer Affairs pursuant to the Charitable Solicitations Act, Section 57-48 of the Virginia Code? (If so, attach copy of registered agent.) Has the organization been granted an exemption from registration by the Virginia Department of Agriculture and Consumer Affairs?~_ (If so, attach copy of exemption.) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ALL RAFFLE APPLICANTS DESCRIBE THE ARTICLES TO BE RAFFLED, VALUE OF SUCH ARTICLES, AND PROCEED TO NOTARIZATION. Article Description t'v'arrtsa err ~i r'~" I~r~ n~ 2 i. R;~le. Fair Market Value ,~! ~ • a OD •sm 6 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NOTARIZATION: THE FOLLOWING OATH MUST BE TAKEN BY ALL APPLICANTS I hereby swear or affirm under the penalties of perjury as set forth in §18.2 of the Code of Virginia, that all of the above statements are true to the best of my knowledge, information, and beliefs. All questions have been answered. Signed by: ~ ~,/• _1~sti !//ltiG '/ /YS • 47~Q //l~sr~//4r! / i' • //OtJ~~/Cr', I/.7, Name Title Home Address Subscribed and sworn before me, this ~~day ofG~ l/ 19 /~ RETURN THIS COMPLETED APPLICATION TO: in the County/G~~ of Virginia My commission expires: ~ " Notary Public COMMISSIONER OF THE REVENUE P.O. BOX 20409 ROANOKE, VA 24018-0513 NOT VALID UNLESS COUNTERSIGNED The above application, having been found in due form, is approved and issued to the applicant to have effect until December 31st of this calendar year. ~ 9 _ ~ Dat C miss. ner of Revenue The above application is not approved. Date Commissioner of the Revenue 9 A-91493-9.d 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: September 14, 1993 AGENDA ITEM: Authorization to retain legal counsel to assist Roanoke Valley Regional Cable Television Committee with legal issues related to cable service rate regulation under the 1992 Cable Act. COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY: The Regional Cable Television Committee has recommended the hiring of a law firm experienced in representing local governments on cable television and related communications law issues. This action would authorize the hiring of this firm to represent Roanoke County as one of the franchising authorities constituting this Committee and commit the county to pay its pro-rate share of these legal fees. BACKGROUND• The passage of the 1992 Cable Act created on opportunity for local cable system franchising authorities to exercise rate setting authority over "basic cable service" and equipment upon obtaining certification from the Federal Communications Commission (F.C.C.). While the actual mechanics of local cable rate regulation has been described by the F.C.C. as a straightforward process, the F.C.C.'s Report and Order on this one issue alone exceeds 350 pages in length. The decision whether a franchising authority should file with the F.C.C. for "certification" and the actual mechanics of review of the cable operators rate system raise important and complex legal issues about which the cable systems are knowledge- able and ably represented by their specialized legal counsel. SUMMARY OF INFORMATION: The Regional Cable TV Committee has recommended the hiring of the firm of Moss & Barnett of Minneapolis, Minnesota to represent its three jurisdictions on legal issues related to obtaining certi- fication to regulate "basic cable services" and reviewing the financial information provided by Cox Cable Roanoke, Inc., if local rate regulation is undertaken. This firm was chosen following an R.F.P. to more than a dozen firms with expertise in cable televi- sion and communications law and phone interviews by Mr. Dibling and ~~s myself with the top three firms. The firm chosen was selected on the basis of both superior experience in representing local govern- ments in this specialized legal area and in the estimated cost of their services. This firm currently represents several Virginia localities including Norfolk, Virginia Beach and Blacksburg as well as several cities in North Carolina FISCAL IMPACTS• It is anticipated that the combined cost to the three localities for the initial phase of obtaining F.C.C. certification and initial rate regulation review will be in the range of $4,000-6,000. Roanoke County's share would be approximately one- third of the total amount based upon its pro-rate share of the total number of subscribers to Cox Cable Roanoke. ALTERNATIVES• 1. Approve the proposed hiring of outside legal counsel in this specialized area of law and authorize the county to pay its pro-rate share of these legal costs. 2. Reject the proposal and continue to rely upon the governmental attorney's offices for each jurisdiction to provide legal counsel in this specialized area of the law. STAFF RECOMMENDATION: Staff recommends adoption of Alternative 1. Respectfully submitted, Jo eph Obenshain S for Assistant County Attorney Action Approved (x) Motion by Bob L. Johnson Eddy Denied ( ) to approve Alternative #1 Johnson Received ( ) Kohinke Referred Nickens to Minnix cc: File Vote No Yes Abs x x x x x Joseph B. Obenshain, Senior Assistant County Attorney Diane D. Hyatt, Director, Finance Howard Musser, Chairman, RVRCTC 1~`i ALL BINGO APPLICANTS MUST ANSWER QUESTIONS 20 - 27 BEFORE NOTARIZATION RAFFLE APPLICANTS, GO TO NOTARIZATION. 20. Does your organization understand that the bingo games shall not be conducted more frequently than two calendar days in any calendar week? 21. Does your organization understand that it is required to keep complete records of the bingo game. These records based on §18.2- 340.6 of the Code of Virginia and §4.98 of the Roanoke County Code must include the following: a. A record of the date, quantity, and card value of instant bingo supplies purchased, as well as the name and address of the supplier of such instant bingo supplies, and written invoice or receipt is also required for each purchase of instant bingo supplies? b. A record in writing of the dates on which Bingo is played, the number of people in attendance on each date, and the amount of receipts and prizes on each day? (These records must be retained for three years.) c. A record of the name door prize, regular from the playing of and address of each individual or special Bingo game prize or Bingo is awarded? d. A complete and itemized record of all receipts and disburse- ments which support, and that agree with, the quarterly and annual reports required to be filed, and that these records must be maintained in reasonable order to permit audit? 22. Does your organization be conducted at such time a only at such locations and application? 23. Does your organization understand that the gross receipts in the course of a reporting year from the playing of instant Bingo may not exceed 33 1/3$ of the gross receipts of an organization's Bingo operation? 24. Does your organization understand it may not sell an instant bingo card to an individual below sixteen years of age? understand that instant Bingo may only s regular bingo game is in progress, and at such times as are specified in this to whom a jackpot 7 25. Does your organization understand that an organization whose gross receipts from all bingo operations that exceed or are expected to exceed $75,000 in any calendar year shall have been granted tax-exempt status pursuant to Section 501C Internal Revenue Code Service? (Certificate must be attached.) 26. Does your organizatio Occupancy must be obtained at the proposed location? n understand that a Certificate of or be on file which authorizes this use 27. Does your organization understand that awards or prize money or merchandise valued in excess of the following amounts are illegal? a. No door prize shall exceed twenty-five dollars. b. No regular Bingo or special Bingo game shall exceed One Hundred dollars. c. No jackpot of any nature whatsoever shall exceed One Thousand Dollars, nor shall the total amount of jackpot prizes awarded in any one calendar day exceed One Thousand Dollars. 28. Does you organization understand that annual gross receipts from bingo games or raffles in excess of five hundred thousand dollars ($500,000.00), shall attach to such report an opinion of a licensed independent certified public accountant that (i) the annual financial report presents fairly, in all material respects, beginning cash, receipts, operating cost, use of proceeds, and ending cash. (ii) the proceeds of any bingo games or raffles have been used for those lawful, religious, charitable, community or education purposes? Does your organization understand the failure to file the opinion of a licensed independent certified public accountant shall cause the automatic revocation of permit? 8 A-91493-9.d ACTION N0. ITEM NO. . S AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 14, 1993 AGENDA ITEM: Authorization to retain legal counsel to assist Roanoke Valley Regional Cable Television Committee with legal issues related to cable service rate regulation under the 1992 Cable Act. COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUPIIKARY The Regional Cable Television Committee has recommended the hiring of a law firm experienced in representing local governments on cable television and related communications law issues. This action would authorize the hiring of this firm to represent Roanoke County as one of the franchising authorities constituting this Committee and commit the county to pay its pro-rate share of these legal fees. The passage of the 1992 Cable Act created on opportunity for local cable system franchising authorities to exercise rate setting authority over "basic cable service" and equipment upon obtaining certification from the Federal Communications Commission (F.C.C.). While the actual mechanics of local cable rate regulation has been described by the F.C.C. as a straightforward process, the F.C.C.'s Report and Order on this one issue alone exceeds 350 pages in length. The decision whether a franchising authority should file with the F.C.C. for "certification" and the actual mechanics of review of the cable operators rate system raise important and complex legal issues about which the cable systems are knowledge- able and ably represented by their specialized legal counsel. SiJNIIKARY OF INFORMATION: The Regional Cable TV Committee has recommended the hiring of the firm of Moss & Barnett of Minneapolis, Minnesota to represent its three jurisdictions on legal issues related to obtaining certi- fication to regulate "basic cable services" and reviewing the financial information provided by Cox Cable Roanoke, Inc., if local rate regulation is undertaken. This firm was chosen following an R.F.P. to more than a dozen firms with expertise in cable televi- sion and communications law and phone interviews by Mr. Dibling and K-s myself with the top three firms. The firm chosen was selected on the basis of both superior experience in representing local govern- ments in this specialized legal area and in the estimated cost of their services. This firm currently represents several Virginia localities including Norfolk, Virginia Beach and Blacksburg as well as several cities in North Carolina FISCAL IMPACTS: It is anticipated that the combined cost to the three localities for the initial phase of obtaining F.C.C. certification and initial rate regulation review will be in the range of $4,000-6,000. Roanoke County's share would be approximately one- third of the total amount based upon its pro-rate share of the total number of subscribers to Cox Cable Roanoke. ALTERNATIVES• 1. Approve the proposed hiring of outside legal counsel in this specialized area of law and authorize the county to pay its pro-rate share of these legal costs. 2. Reject the proposal and continue to rely upon the governmental attorney's offices for each jurisdiction to provide legal counsel in this specialized area of the law. STAFF RECOMMENDATION: Staff recommends adoption of Alternative 1. Respectfully submitted, Jo eph Obenshain S for Assistant County Attorney Action Approved (x) Motion by Bob L. Johnson Eddy Denied ( ) to approve Alternative #1 Johnson Received ( ) Kohinke Referred Nickens to Minnix cc: File Vote No Yes Abs x x x x x Joseph B. Obenshain, Senior Assistant County Attorney Diane D. Hyatt, Director, Finance Howard Musser. Chairman. RvRC`m~ N-I COUNTY OF ROANOKE, VIRGINIA GENERAL FUND UNAPPROPRIATED BALANCE Amount Beginning Balance at $4,512,763 July 1, 1993 (Unaudited) Original 1993-94 Budget Addition to reserve 80,668 Original 1993-94 Budget Previously reserved for employee benefits and new administration building (886,182) % of General Fund Expenditures July 27, 1993 Reserved for ISTEA match (49,200) August 24, 1993 VDOT Revenue Sharing Match 25 000 Balance at September 14, 1993 3 633 049 4.7% Submitted By ~~.a•~ ~ . 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 revenues ($77,411,447). N-~ COUNTY OF ROANOKE, VIRGINIA CAPITAL FUND UNAPPROPRIATED BALANCE July 13, 1993 Beginning Balance at July 1, 1993 $90,464 (Unaudited) Northside High School Ball Fields 62 000 Balance as of September 14, 1993 28 464 Submitted by ~~~~ ~. Diane D. Hyatt Director of Finance N-3 COUNTY OF ROANOKE, VIRGINIA RESERVE FOR BOARD CONTINGENCY July 13, 1993 Beginning Balance at July 1, 1993 Clerk of Circuit Court New Position $100,000 26 400 Balance as of September 14, 1993 Submitted by Diane D. Hyatt Director of Finance 73 600 ~~ ~" N'..~ t17 ~ O n O O 00 -o2>n Mn O. ANN In ~ ~. 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ITEM NUMBER Q- I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 14, 1993 AGENDA ITEM: Joint Work Session with School Board on School Capital Needs COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Roanoke County School Board will be present to discuss in a work session format their prioritized list of future capital projects and the funding available to finance these projects. Attached are a description of the capital projects and several scenarios for timing of these capital needs to fit in with the existing School debt drop-off. Also attached is a copy of the County available debt drop-off. These items will be discussed in further detail at the work session. Respectfully submitted, 1'V ~-Q/s'~> Diane D. Hyatt Director of Finance Approv d by, Elmer C. Hodge County Administrator Approved Denied Received Referred To ACTION Motion by: VOTE No Yes Abs Eddy _ _ _ Johnson _ _ _ Kohinke _ _ _ Minnix _ _ _ Nickens ~ ROANO~ F ~ L ` Z ~ ~~! Z a 1 38 OFFICE OF DIVISION SUPERINTENDENT ROANOKE COUNTY SCHOOLS 526 SOUTH COLLEGE AVENUE SALEM, VIRGINIA 241 53 September 9, 1993 TO: Members, Roanoke County School Board and Board of County Supervisors FROM: Bayes E. Wilson, Superintendent SUBJECT: Progress Report on School Capital Improvements Projects In preparation for our joint meeting on September 14, 1993, I wish to update you on the school capital improvements projects being funded by last year's bond referendum and loans from the Virginia Public School Authority (VPSA) , and the projects being proposed for funding by the Literary Fund. Green Valley Elementary Air conditioning, lighting, and electrical improvements were completed this summer. The library and kindergarten addition is under construction and should be completed by next spring. Mason's Cove Elementary Air conditioning, electrical upgrade, and window reduction improvements were completed this summer. A four-room addition has been completed, and the classrooms are in use. The new waste disposal system is in operation. Closure of the lagoon will proceed when approval is received from the State Water Control Board. Oak Grove Elementary Electrical improvements and installation of air conditioning have been completed. Needed for this school within the next few years are a classroom and library addition, and window reduction at an estimated cost of $600,000 to $700,000. Enrollment is at capacity, and three mobile units are currently being utilized. -2- Northside Junior High d-I Classroom renovations have been completed and a platform lift installed to accommodate handicapped students previously housed at Roanoke County Occupaticnal School. Northside High Mobile units have been installed to accommodate handicapped students previously housed at Roanoke County Occupational School. A parking lot is presently under construction. Plans for the classroom addition are nearing completion and will be advertised for bid in October. Construction should be completed by next summer in time for the 9th grade to move to the high school and the 6th grades to move to Northside Junior High which will become Northside Middle School. Herman L. Horn Elementary Electrical, air conditioning, and window reduction improvements have been completed. Cave Spring Junior High Paving and drainage improvements have been completed. The request for a Literary Fund loan in the amount of $2.5 million is now on the state's priority list. This project is No. 51 on the list with the preceding 50 projects having a cumulative value of $91,857,017. If the General Assembly continues to fund the Literary Fund at approximately $60 million per year, the earliest we could expect Literary funding for Cave Spring Junior would be during the Fiscal Year 1995-96. Burlington Elementary Road improvements are nearing completion. During the next 30 - 90 days, architect and engineering firms will be selected for the following projects in the bond referendum: Back Creek Elementary Construction of 4 classrooms. Cave Spring Elementary Library addition, asbestos abatement, electrical upgrade, window reduction, and air conditioning improvements. -3- Glenvar High o~i Middle school addition. In addition to the $2,650,000 provided by the bond referendum, it is estimated that additional funds in the amount of $1 million will be needed for this project. William Byrd High Addition for science classrooms and general renovation. Cave Spring High Addition and/or renovations for science classrooms and general renovation. Study and evaluation will be made on the continued use of this building as a high school for the next several years and the long-range usage when a new high school is built in South County. Glenvar, Mountain View, Burlington, Mount Pleasant, Clearbrook, and Roland E. Cook Elementaries Electrical, air conditioning, and window reductior_ improvements to be completed in August 1994. Administration Building (Formerly RCOS) Layout plans have been completed. Requests for bids for engineering services have been advertised. Renovation should be completed in the spring or early summer 1994 at which time the administrative offices will be relocated. Roofing A majority of roofing repairs and replacements has been completed. The remainder of this work will be done over the next few months and in the spring of 1994. ADA Improvements Improvements to buildings and sites are being made to meet ADA requirements within available funds. Elevators need to be installed to accommodate handicapped students at Glen Cove and W. E. Cundiff elementary schools. Improvements at athletic fields, e.g. expanded restroom facilities, completion of paving of parking areas, and entrance ways will be required. Additional funding will be needed on a year-to-year basis to continue these improvements. i ~~ -4- Energy Management Improvements Johnson Control has substantially completed installation of the energy management system and lighting improvements at the schools scheduled for these alterations. Mobile Units Mobile units have been relocated and additional units added at Northside High, Cave Spring Elementary, and Cave Spring Jr. High. Improvements on School Sites by Parks and Recreation Department Construction is presently in progress on the athletic fields at Northside High. Engineering is being completed for the athletic field and picnic shelter on the Orchards site in the Bonsack area, and construction should begin in the near future. Work is presently being completed on the lighting at the William Byrd High baseball field. Final plans are being completed for the tennis courts at Northside and Cave Spring high school. Construction should begin in the near future. The contract has been awarded for the lighting improvements at the Roanoke County Career Center football field. Work should begin in the near future. Site for New Cave Spring High School Twenty-eight acres have been purchased, and negotiations are continuing on the purchase of additional acreage. Mrs. Hyatt and Mrs. Hodge have computed debt service for the foregoing school board capital improvements projects as per the attached schedules. As you will note it is necessary to phase these projects over the next five year (Schedule 1) or the next four years (Schedule 2) in order to lessen the financial impact on debt service payments. Debt service is computed on the basis of VPSA loans in the event Literary funds are not available. The additional amounts for the Glenvar High and Oak Grove projects have been included in Schedules 1 and 2. o-i -5- Northside High School Field House There is need for a new gymnasium/field house and small auditorium between Northside High and Junior High to accommodate tine physical education instructional needs at Northside Junior and the extra-curricular program at Northside High. Estimated cost--depending on size and features included--would range from $1.5 to $5 million. There is much community interest and support for this project. If a field house is constructed, i t should be large enough to accommodate certain county-wide events such as graduation exercises for all ccunty high schools, and district and regicnal sporting events. Schedule 3 reflects the debt service that would be needed for this facility at an estimated cost of $5 million if it is constructed in 1997. I wish to express sincere appreciation to the schcol board, board of supervisors, and county government for providing the funding for the school capital improvements which have been made during my years as superintendent. From 1980 - 1992, over $19 million have been expended on school improvements in Roanoke County, and the above-mentioned projects scheduled over the next several years exceed another $20 million. These improvements provide safe and comfortable learning environments for the students of Roanoke County. The teachers; school staffs; and, most importantly, the students are thankful for the commitment made to quality education in this school division. -_ v ~ E ~ i ~'~ SV "yy . ,, , , ~~ 2 51993 r. . ,~ A cC®~I~®~T~V]EA~,'~'~I ®~ ~~]~~~10T~~ DEPARTMENT OF EDUCATION P.O. BOX 6-O RICHMOND 23216-2060 August 23, 1993 Dr. Bayes E. Wilson Division Superintendent Roanoke County Public Schools 526 College Avenue Salem, VA 24153 Dear Dr. Wilson: We are pleased to advise you that the Board of Education, at its August 16, 1993 meeting, approved the placement of Cave Springs Jr. High School ($2,500,000) on the First Priority Literary Fund waiting list. The placement of your project on this waiting list is in accordance with the Regulations Governing Literary Loan Applications in Virginia approved by the State Board of Education on July 26, 1990 (reference Regulatory Supts. Memo No. 22, dated August 8, 1990). This project will be No. 51 on that list, with the previous 50 projects having a cumulative Literary Fund value of $ 91,858,717. Based on your current composite index of .3717, an interest rate of 3% has been approved by the Board of Education for this project. If you have any questions, please let me know. S ' ncere,ly, ~~ ~ ~ , t ~ L~ ~~, ~ K '/ hryn S ~ Kitchen Division Chief Administrative Support Services KSK/pft M O O, '~O r Q~ rl b Q) U M O~ N M ~, .~ o, o ~ ~ O ~~o~ to o.~ 0 >' ~ c '~ ~ ° ~ va cg~r~.~ ~ ~ 'fl O ~~ ~3 ~ w° ~v o _ ~ x ° a~ O U L7 'fl H ~ y~' 'D ~" i U ~ ~ ~ i ~~ i i i 3~ Hzr~ Q ~. ,U~, ~ '" r) Qy O ~ v ~.-. 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G ~/'~ ~-+ M l~ ~O M ~ 00 N l~ O ~t ~O ~ ~--i N ~O ~-i N M O~ N ~D O~ O O~ O ~t ~ ~ M ~O o0 l~ ~ ~ O+ t` [~ ~D ~ V) 'tt M N ~--i ti M ~i' M N N M N M M -n ~ '~t ~ M M M M N N N N N N N N N N N N~ ti r-i ~-i r-i ,-i ~-i r.i l~ V'~~vyv)v')v)hv~hv~vyv~v'f~~hh~v'1V) ~~ N [~ N [~ N O N [~ N~ N~ N t` N O N t` N O^ O^ O~ 00 00 [ w l~ ~O ~D v~ v^ et ~ c+1 M N N ~--i ~--r O O ~ [~ ~ ~ ~ M M N ~ O Obi O~ OMO ~ ~ ~ V) ~ M N ~ N N N N N N N N N ti~ ~--i ~ ~--i .-i ~--~ e-~ ~--i ~ ~--~ N N N N N N N N N N 00 00 00 00 00 0o ao ao 00 00 [~ 000~~0 ~--iMOO~O~~OI~ MM~NO~NOQOO~QOp [~ t~ ~-+ ~O ~ N op 00 N N t~ O~ 00 ~ O~ 00 M ~ N ~-+ h g V1 v~ g O ~O ~O N v'w .-i v~ ~O l~ ~ c'~ O~ ~ M N v7 ~--i t ~ ~O ~ N t~ l ~ f ~ vpp~ c~ C ri ~--i r-i M O ~ ~ ~O a0 ~--~ O M M ~O ~ c+i v~ op l~ ~O O N ~D O~ M N M M N ~ O ~ [~ ~O ~ v1 O O l~ [~ l~ [~ t~ t~ l~ ~O t~ ~ M M N N 0,..~~"~p^V'?N V^hMMNNNNNNNNN ~--i~~--~~~--~ti~--~~ ~~ ~t M M M M M N N N N N N N N N N N .--i .-~ ~-+ ti ti r-i ,-i r-i ~ O~ C~ O~ O~ O~ O~ N C? c+l ~h~Ol~000~p O~ O~ O~ O~ O~ O~ O~ ~,~~~~~a NM ~'~ ~O1~000~ O.-iNM~ C? O O O Q O 0 0~ .--i .--i ti .--i ~ N M ~ ~ ~O l~ 00 O~ O .--~ N M 8888888880000 N N N N N N N N N N N N N i i i i i i i i ~ II ~ II ~~„~ II II ~ II II II O~ 8 0 0 0~0 O~ ~O '~t t` ~O 3 - GENTRY LOCKE RAKES & MC~DRE Attorneys at Law 7o3.9a2•aooo September 3, 1993 Telecopier 703.982.8524 Mr. Elmer Hodge Roanoke County Administrator 3738 Brambleton Avenue, S.W. Roanoke, Virginia 24018 Dr. Bayes Wilson Superintendent Roanoke County Public Schools 526 College Avenue Salem, Virginia 24153 Gentlemen: ~-1 SCI~- SEP .71993 10 Franklin Road. S.E. Pos[ Office Box 1018 Roanoke. Virginia 24005 I write to express my concerns regarding certain recreational facilities used by Roanoke County, and to express my opinion that they fail to comply with the Americans With Disabilities Act ("ADA"). While I am fortunate enough not to be disabled, there are a number of individuals in our community that are and whom I believe are being denied full access, use and enjoyment of them. In particular, I write to express concern about the football field at Cave Spring Junior High School. The stadium, which has been in use for close to three decades, is very inadequate from the standpoint of the new legal obligations imposed on the County by the ADA to make public facilities accessible to those with disabilities. Clearly designated reserved parking spaces which are accessible to those who are disabled and who are not in a position to cover large areas of ground are needed.. As a practical matter, those members of the Cave Spring community that are well-known are often given access inside the security gates to park their vehicles. My concern comes from the ra~~ ihai ti~is facility ofien hosts teams from other areas who may have fans and supporters that are either wheelchair-bound or have limited mobility. In order to ensure that the County does not find itself on the other side of a disability discrimination claim, some designation of parking spaces and accessibility needs to be addressed. A second area of concern at the stadium is the restroom facilities. These facilities are woefully inadequate even for the able-bodied. If you have ever attended a football game where there is any significant crowd, the facilities are simply inadequate. Their location further exacerbates the problem from the view of the disabled. Unless one is nimble of foot, you must have an exceedingly large bladder to make it through most recreation games, HM\HM\42888.1 .~ a-~ GENTRY LOCKE RAKES & MC3DRE Mr. Elmer Hodge Dr. Bayes Wilson September 3, 1993 Page -2- and it is virtually impossible to get through an entire high school contest without having to use the facilities. The location of this bathroom at the bottom of the hill where there are no stairs or access ramp to them make these facilities totally inaccessible to someone who is in a wheelchair or on crutches, or has some other limited mobility range. Inside the restroom facility, there is no room for a person in a wheelchair to use the facilities, and if someone ever complained, there would be a significant problem. At a minimum, portable toilet facilities should be installed on days or nights where there are major athletic events at the stadium. On a long-range basis, plans should be made to build a new restroom facility which is larger and accessible. The purpose of my letter is to bring this item to your attention. It is my understanding that some stop-gap arrangements such as making bathrooms available upon request to those who seek them inside the school building is being pursued. This stop-gap measure, in my view, will not stand up to a legal challenge. A visitor to the field has no way of knowing where this facility is, how to gain access, and without proper signage could lead to a situation where the person felt there were no restroom facilities available to him. Arranging to have several port-a-johns available for athletic contests is certainly something that is reasonable and feasible to do. It is my strong recommendation that the County look at this issue on both a short-term and long-term basis and take appropriate steps to bring these facilities into compliance with this new law. I will be happy to answer any questions you may have. Please feel free to call me at work (703) 982-8000. Very truly yours, GENTRY LOCKE RAKES & MOORE W. David Paxton WDP/kap cc: Paul M. Mahoney, Esquire Mr. Otis Dowdy HM\HM\42888.1 AT A REGULAR MEETING OF THE BOARD OF SIIPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TIIESDAY, SEPTEMBER 14, 1993 RESOLUTION 91493-10 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Nickens to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: ~' Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Executive Session F"'~ ~, ~' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 14, 1993 ORDINANCE 91493-11 AMENDING AND REENACTING THE ZONING DISTRICT MAPS FOR ROANORE COUNTY, BY THE ADOPTION OF CERTAIN MISCELLANEOUS CHANGES THROUGHOUT THE COUNTY TO SAID MAPS (BONSACR, COTTON HILL, POAGES VALLEY ROAD) WHEREAS, on December 15, 1992, the Board of Supervisors of Roanoke County, Virginia, adopted Ordinance 121592-10 which amended the Zoning District Maps for Roanoke County; and, WHEREAS, citizens in various areas of the County have requested that the zoning classifications as reflected in the new zoning district maps of their properties be re-examined to address their questions and concerns; and, WHEREAS, the Roanoke County Planning Commission held public hearings on June 1, 1993 and July 6, 1993, and have made recommendations to the Board; and WHEREAS, public necessity, convenience, general welfare and good zoning practice require that the following properties and zoning district maps be, and hereby are, submitted to the Board of Supervisors for amendment; and, WHEREAS, legal notice and advertisement has been provided as required by law, and that the first reading of this ordinance was held on July 27, 1993 and the second reading and public hearing was held on September 14, 1993. BE IT ORDAINED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That "1992 Zoning District Maps of Roanoke County, 1 Virginia" are hereby amended and reenacted as the zoning district maps for Roanoke County, Virginia, as follows: (A) That the following described properties are hereby changed from AG-1, Agriculture/Rural Low Density District, to R-1, Low Density Residential District: 96.02-1-44; 96.02-1-45; (B) That the following described properties are hereby changed from AG-1, Agriculture/Rural Low Density District, to A-R, Agriculture/Residential District: 40.02-1-4; 40.02-1-5; 40.02-1-6; 40.02-1-7; 40.02-1-8; 40.04-1-3; 40.04-1-4; 40.04-1-5; 40.04-1-6; 40.04-1-7; 40.04-1-8; 40.04-1-9; 40.04-1-9.1; 40.04-1-9.2; 40.04-1-10; 40.04-1-40; 40.04-1-41; p/o 40.04-1-42; 40.04-1-45; 40.04-1-46; 40.04-1-47; 40.04-1-48; 40.04-1-48.1; 40.04-1-49; 40.04-1-50; 40.04-1-51; 40.04-1-52; 40.04-1-53; 40.04-1-54; 40.04-1-55; 40.04-1-56; 40.04-1-57; 40.04-1-58; 50.01-1-16.3; 50.01-1-17; 50.01-1-18; 50.01-1-19; 50.01-1-19.1; p/o 50.02-1-1; p/o 50.02-1-1.2; 86.15-2-2; 86.15-2-3; 86.16-5-58; 86.19-1-1; 86.19-1-1.1; 86.19-1-2; 86.19-1-5; 86.19-1-6; 86.19-1-7; 86.19-1-8; 86.19-1-9; 86.19-1-10; 86.19-1-11; 86.19-1-12; 86.19-1-13; 86.19-1-14; 86.19-1-15; 86.19-1-16; 86.19-1-17; 86.19-1-18; 86.19-1-19; 86.19-1-20; 86.19-1-21; 86.19-1-22; 86.19-1-23; 86.19-1-24; 86.19-1-25; 86.19-1-26; 86.19-1-27; 86.19-1-28; 86.19-1-29; 86.19-1-29.1; 86.19-1-29.2; 86.19-1-29.3; 86.19-1-30; 86.19-1-31; 86.19-1-32; 86.19-1-32.1; 86.19-1-33; 86.19-2-1; p/o 86.19-2-9; 86.19-2-31; p/o 86.19-2-32; 86.19-2-33; 86.19-2-33.1; 86.19-2-33.2; 86.20-3-1; 86.20-3-3; 86.20-3-4; 86.20-3-5; 86.20-3-6; 2 86.20-3-7; 86.20-3-8; 86.20-3-9; 86.20-3-10; 86.20-3-11; 86.20-3-12; 86.20-3-13; 86.20-3-14; 86.20-3-15; 86.20-3-16; 86.20-3-17; 86.20-3-18; 86.20-3-19; 86.20-3-20; 86.20-3-21; 86.20-3-21.1; 86.20-3-22; 86.20-3-23; 86.20-3-24; 95.02-2-44; 95.02-2-45; 95.02-2-46; 95.02-2-47; 95.02-2-48; 95.02-2-48.1; 95.02-2-49; 95.02-2-51; 95.02-2-53; 95.02-2-54; 95.02-2-55; 95.02-2-56; 95.02-2-57; 95.02-2-58; 95.02-2-60; 95.02-2-60.1; 95.02-2-60.2; 95.02-2-60.3; 95.02-2-60.4; 95.02-2-61; 95.02-2-61.1; 95.02-2-61.2; 95.02-2-62; 95.02-2-63; 95.04-1-6; 95.04-1-7; 95.04-1-8.1; 95.04-1-8.2; p/o 95.04-1-12; 95.04-1-14; 95.04-1-16; p/o 95.04-1-17; 95.04-1-18; 95.04- 1-19; 95.04-1-20; 95.04-1-21; 95.04-1-22; 95.04-1-23; 95.04-1-24; 95.04-1-25; 95.04-1-26; 95.04-3-1; 95.04-3-2; 95.04-3-3; 95.04-3-4; 95.04-3-5; 96.01-1-1; 96.01-1-2; 96.01-1-3; 96.01-1-4.1; 96.01-1-5; 96.01-1-6; 96.01-2-1; 96.01-2-2; 96.01-2-3; 96.01-2-4; 96.01-2-5; 96.01-2-6; 96.01-2-6.1; 96.01-2-6.2; 96.01-2-7; 96.01-2-8; 96.01-2-9; 96.01-2-10; 96.01-2-11; 96.01-2-13; 96.01-2-14; 96.01-2-15; 96.01-2-16; 96.01-2-17; 96.01-2-18; 96.01-2-19; 96.01-2-19.1; 96.01-2-19.2; 96.01-2-20; 96.01-2-21; 96.01-2-21.1; 96.01-2-21.2; 96.01-2-22; 96.01-2-23; 96.01-2-24; 96.01-2-25; 96.01-2-26; 96.01-2-27; 96.01-2-28; 96.01-2-29; 96.01-2-30; 96.01-2-31; 96.01-2-32; 96.01-2-33; 96.01-2-34; 96.01-2-35; 96.01-2-36; 96.01-2-37; 96.01-2-38; 96.01-2-39; 96.01-2-40; 96.01-2-41; 96.01-2-42; 96.01-2-43; 96.01-2-44; 96.01-2-45; 96.01-2-46; 96.01-3-1; 96.01-3-2; 96.01-3-2.1; 96.01-3-3; 96.01-3-4; 96.01-3-5; 96.01-3-6; 96.01-3-7; 96.01-3-8; 96.01-3-9; 96.01-3-10; 96.01-3-11; 96.01-3-12; . n6 -~ 96.01-3-13; p/o 96.01-3-37; ' ~ ~T~ ~ •~'~-rte 9 6. 0 2 -1-3 ; 96.02-1-4; 96.02-1-5; 96.02-1-6; 96.02-1-7; 96.02-1-8; 96.02-1-9; 3 96.02-1-10; 96.02-1-11; 96.02-1-12; 96.02-1-13; 96.02-1-14; 96.02-1-15; 96.02-1-17; 96.02-1-18; 96.02-1-19; 96.02-1-20; 96.02-1-21; 96.02-1-22; 96.02-1-23; 96.02-1-24; 96.02-1-25; 96.02-1-26; 96.02-1-27; 96.02-1-28; 96.02-1-29; 96.02-1-30; 96.02-1-31; 96.02-1-32; 96.02-1-33; 96.02-1-34; 96.02-1-35; 96.02-1-36; 96.02-1-37; 96.02-1-38; 96.02-1-39; 96.02-1-41; 96.02-1-42; 96.02-1-43; pf-e~6,~~-~_~~ 96.02-1-46.1; 96.02-1-46.2; 96.02-1-46.3; 96.03-1-2; 96.03-1-4; 96.03-1-5; p/o 96.03-1-7; 96.03-1-8; 96.03-1-9; 96.03-1-10; 96.03-1-11; 96.03-1-11.1; 96.03-1-13; 96.03-1-14; 96.03-1-15; 96.03-1-16; 96.03-2-1; 96.03-2-2; 96.03-2-3; 96.03-2-4; 96.03-2-5; 96.03-2-6; 96.03-2-7; 96.03-2-8; 96.03-2-9; 96.03-2-10; 96.03-2-11; 96.03-2-12.1; 96.03-2-12.2; 96.03-2-12.3; 96.03-2-19; 96.03-2-20; 96.03-2-21; 96.03-2-21.1; 96.03-2-22; 96.03-2-23; 96.03-2-24; 96.03-2-25; 96.03-2-26; 96.03-2-27; 96.03-2-28; 96.03-2-28.1; 96.03-2-29; 96.03-2-30; 96.03-3-1; 96.03-3-2; 96.03-3-3; 96.03-3-4; 96.03-3-5; 96.03-3-6; 96.03-3-7; 96.03-3-8; 96.03-3-9; 96.03-3-10; 96.03-3-11; .96.03-3-12; 96.03-3-13; 96.03-3-14; 96.03-3-15; 96.03-3-16; 96.03-3-17; 96.03-3-18; 96.03-3-19; 96.03-3-20; 96.03-3-21; 96.04-1-1; 96.04-1-2; 96.04-1-3; 96.04-1-4; 96.04-1-5; 96.04-1-6; 96.04-1-7; 96.04-1-8; 96.04-1-10; 96.04-1-12; 96.04-1-13; 96.04-1-14; 96.04-1-15; 96.04-1-16; 96.04-1-17; 96.04-1-18; 96.04-1-19; 96.04-1-20; 96.04-1-21; 96.04-1-22; 96.04-1-23; 96.04-1-24; 96.04-1-25; 96.04-1-26; 96.04-1-27; 96.04-1-28; 96.04-1-29; 96.04-1-30; 96.04-1-31; 96.04-1-32; 96.04-1-33; 96.04-1-34; 96.04-1-35; 96.04-1-35.1; 96.04-1-36; 96.04-1-36.1; 96.04-1-37; 96.04-1-38; 96.04-1-39; 96.04-2-3; 96.04-2-4; 96.04-3-1.1; 96.04-3-1.3; 96.04-3-1.4; 96.04-3-1.5; 96.04-3-1.6; 96.04-3-1.7; 96.04-3-1.8; 96.04-3-1.9; 96.04-3-1.10; 96.04-3-1.11; 96.04-3-1.12; 96.04-3-1.13; 96.04-3-1.14; 96.04-3-1.15; 96.04-3-1.16; 96.04-3-1.17; 96.04-3-1.18; 4 96.04-3-1.19; 96.04-3-1.22; 96.04-3-4; 96.04-3-7; 96.04-4-3; 96.04-4-6; 96.04-4-9; 96.04-4-12; 96.04-4-15; 96.04-4-18; 96.04-4-21; 96.07-1-2; 96.08-1-3; 96.08-2-2; 96.08-2-6; 97.01-2-1; 97.01-2-2; 97.01-2-4; 97.01-2-5; 97.01-2-7; 97.01-2-8; 97.01-2-14; 97.01-2-15; 96.04-3-1.20; 96.04-3-2; 96.04-3-5; 96.04-4-1; 96.04-4-4; 96.04-4-7; 96.04-4-10; 96.04-4-13; 96.04-4-16; 96.04-4-19; 96.04-4-22; 96.07-1-4; 96.08-1-1; 96.08-1-4; 96.08-2-3; 96.04-3-1.21; 96.04-3-3; 96.04-3-6; 96.04-4-2; 96.04-4-5; 96.04-4-8; 96.04-4-11; 96.04-4-14; 96.04-4-17; 96.04-4-20; 96.07-1-1; 96.07-1-5; 96.08-1-2; 96.08-2-1; 96.08-2-4; 97.01-2-3; 97.01-2-6; 97.01-2-9; 97.01-2-16; Northern P/O 97.01-2-17 97.03-1-20; 97.03-1-23; 97.03-1-26; 97.03-1-29; 97.03-1-32; 97.03-1-36; 97.03-2-1; 97.03-2-4; 97.03-2-7; 97.03-2-10; 97.03-1-21; 97.03-1-24; 97.03-1-27; 97.03-1-30; 97.03-1-33; 97.03-1-37; 97.03-2-2; ~TT-.~JZ-~r- 97.03-2-8; 97.03-2-11; 97.03-1-22; 97.03-1-25; 97.03-1-28; 97.03-1-31; 97.03-1-34; 97.03-1-38; 97.03-2-3; 97.03-2-6; 97.03-2-9; 97.03-2-12; 97.03-2-13; 97.03-2-16; 97.03-2-19; 97.03-2-21; 97.03-2-24; 97.03-2-27; 97.03-2-30 97.03-2-14; 97.03-2-17; 97.03-2-20; 97.03-2-22; 97.03-2-25; 97.03-2-28; 97.03-2-15; 97.03-2-18; 97.03-2-20.1; 97.03-2-23; 97.03-2-26; 97.03-2-29; 2. That said map or maps entitled "ZONING CHANGES BONSACK" and "ZONING CHANGES COTTON HILL AND POAGES VALLEY ROAD" (dated July 21, 1993) are attached hereto and incorporated herein by reference. 3. That this ordinance shall be in full force and effect 5 thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On substitute motion of Supervisor Nickens to adopt the ordinance with the exclusion of the Beasley property which is in litigation with Boone, Boone & Lobe and which will be deferred to allow for continued negotation. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Nickens NAYS: Supervisors Eddy, Minnix A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors CC: File Arnold Covey, Director, Engineering & Inspections Terrance L. Harrington, Director, Planning & Zoning John W. Birckhead, Director, Real Estate Assessments 6 t'1 W Z ~ Z o Q U ° ~ = U Q ~ Q ~ ~ ~ Q z O ~ ~ z ~ ~ ~ U ~ O o Z O Z O ~ T N ~ ,~ N ~ ~ z F a z C~ W z ~' a 0 a n~~~~ F ~ p + t + + <m06 E m c~ o E ~~ ~, o ~~c 7 U U~~. o .g o~~ LW~ .. ~~~ ~ ~L a~ X03 O~ ROAN ~. ti . , z J a COU NTY ADM I N ISTRATOR ELMER C. HODGE (703) 772-2004 V~~~~~ ~~ ~~~~r.~ P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 September 10, 1993 Mr. Chairman and Members of the Board: s l BOARD OF SUPERVISORS H. ODELL'FUZZY MIN NIX, CHAIRMAN CAVE SPRING MAGISTERIAL DISTRICT LEE B. EDDY, VICE-CHAIRMAN WINDSOR HILL MAGISTERIAL DISTRICT BOB L. JOHNSON HOW NS MAGISTERIAL DISTRICT EDWARD G. KOHINKE, SR. CATAWBA MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT (703) 772-2005 Because of the complexity of the Parkway zoning issue, I would like to summarize the events that have taken place thus far and the alternatives you will have to consider during the public hearing on September 14. IMPACT ON THE BLUE RIDGE PARKWAY In December, 1992, the Board delayed the zoning of a number of parcels along the Blue Ridge Parkway and asked the staff to further evaluate the impact of development on the Parkway. We were asked to work with Parkway officials and get their input on our new zoning ordinance as it affects the Parkway and to minimize any negative impact. In doing so, I established an ad hoc Parkway Review Committee consisting of developers, Friends of the Parkway, Parkway officials, and staff. We agreed upon a definition of what should be "critical" and therefore protected, and then we identified the eleven most critical viewsheds. The next task is to develop ways to protect these areas, and we recommend that a permanent Parkway Review Committee be established to give citizens, Parkway officials, and property owners input in this process and in future development. I believe the Board, the staff, and I have demonstrated our support of the Parkway and the need to protect it. No other locality in the path of the Parkway, in North Carolina or Virginia, has done this much. We are the first to establish a review committee, identify critical areas, and. consider this national park in our zoning ordinance. The Board has the ability to further protect the critical viewsheds and the Parkway in the zoning requests summarized below. ISSUES TO BE CONSIDERED The public hearing will address the zoning on some 450 parcels, totaling about 2,300 acres. These parcels lie on both sides of the 27-mile segment of the Parkway in Roanoke County. Since December, most of them have been zoned AG1, an agricultural designation which ® Racyaed Paper ~-i -z- allows development of up to one housing unit for each 1.5 acre. The original recommendation was to zone these properties R1, a residential designation which would allow development at a much greater density. The staff report being submitted for your consideration recommends AR zoning instead because of proximity to the Parkway, absence of utilities, and other considerations. Attached is a copy of a letter from Rick Whitney on behalf of the Roanoke Regional Home Builders expressing their preference for R1 zoning instead. There are a few exceptions that are deserving of some explanation. 1. Sigmon Property: Attached are two letters from Steve Strauss offering to drop his lawsuit in return for Rl zoning of the Sigmon property, which he plans to purchase. He offers to limit development to an average of 2.5 units per acre, which is substantially lower than Rl-zoned properties throughout the rest of the County. This offer has merit because there is little impact on the Parkway, the property has road frontage on Cotton Hill Road, and because Strauss will install his own water and sewer lines. The Board may choose to accept Mr. Stauss' offer or proceed with some other zoning designation of the Sigmon property. 2. Beasley Properties: Len Boone filed suit against the County in January in an effort to get R1 zoning of certain Beasley properties on the north and south side that he plans to purchase. In the past few days we have received an offer from Mr. Boone to settle this suit. While the latest proposal offers better protection for the Parkway and the neighborhood than previous offers, it still requires a lot of work before we could recommend it to you. If the Board considers this worth pursuing, action should be deferred on the Beasley properties. The second reading could be scheduled for October 12 for these properties. If the Board chooses otherwise, the properties could be zoned AR as they have been advertised, or left AGl as they are now. 3. L. T. McGhee Property: On September 7, we received a letter from Leon McGhee opposing the large size of the critical viewshed on property that he owns near the Read Mountain overlook. The letter is attached for your information. Mr. McGhee purchased this property in the spring of this year, after the Board zoned it AG1 and after the review process began. He is satisfied with the proposed AR zoning on half of the property, but not with the AG1 zoning on the other half. The critical area was not advertised, so the Board cannot change its size without advertising for a public hearing, after reconsideration by the Planning Commission. If the Board chooses to take no action, the entire parcel remains at its present AG1 classification. 4. Critical Viewsheds: The staff report deals only with those properties outside the eleven critical viewsheds. The properties comprising the eleven viewsheds have not yet been advertised for ~-/ -3- public hearing and therefore cannot be acted upon by the Board at this time. Those eleven areas would be left at their present zoning, most of which is AG1. This zoning classification is similar to the old A-1 classification that had been in place for many years. The Planning Commission recommends further review by the Parkway Review Committee to see if there are ways to improve the protection of these areas. This process would probably require four to six months and would be brought back to the Board for approval at that time. CONCLUSION This has been a long, difficult process, but I believe we have achieved the objectives set by the Board. We have done much to protect the Blue Ridge Parkway. We have also maintained a balance with the development community and property owners that recognizes their rights to use their properties. Hopefully, we will be able to resolve the two pending lawsuits. If we are unable to resolve the suits, the Boone and Strauss cases will likely go to court. The County may or may not prevail and any protection that has been negotiated for the Parkway or the neighborhoods could be lost. It is a difficult balance that we are attempting to achieve. One thing that we must consider is that development will probably take place with or without us, but protection of the Parkway will not. Let us protect the Parkway as well. Respectfully s~}bmitted, ~( /sc/ Elmer C. Hodge County Administrator ECH/meh Attachments ' ROANOKE REGIONAL B~~ME: _ BlIIIDERs ASSOCIATION Preskdent Jim Buck Vice President September 9, 1993 David Vaughn Treasurer Bob Fetter Secretary Rk~c Whitney Mr. H. Odell Minnix, Chairman Immed. Past President Bob Flynn .BOARD OF SUPERVISORS vP/A::oaare ~ CAVE SPRING BiIlJohnson 3314 Kenwick Trail, S.W. VP/RemodelorTM Roanoke, Virginia 24018 Rick ColYru . "~-~~~ Director: Fred Baldwin- Re: PARKWAY STUDY AND REZONING NON CRITICAL AREAS Jim Beavers Worth Boone Kyle Cook Dear Fuzzy: Bill Corbitt Ed Cronise - Allen DeWeese Danny Feozell During late 1991 and throughout 1992, RRHBA expressed concerns with Gary Feazeu Jerry Jones the drastic chan es ro sad in the zon1T1 text and the g p Po g possible effects on Andy Kelderhouse Ki k L the development community if the zoning maps did not reflect additional r umsden sre~e Lyon - : acreage zoned R-1 Joe Miller . Wayne Morris " L. c' Peters " " Howard Poage The previous RE and A-1 classifications allowed development opportunities -. ; . : cn°i ~'s~;g~'°rd throughout all of Roanoke County... With the introduction of the four new Earle snumate J W lli agricultural districts, land development became very restricted and certainly on i ams ~y ya~ne ." impacted the ability to develop affordable houslrig. - _ NAHB ilia Directors ~. ~'~ b°d`°" In December of 1992, the Boazd of Supervisors. modified the Planning NAHB Directors Commission's recommended zoning maps, changing 2000+ acres to AG-1. J. T. Huddleston This land was proposed I-l, R-1-and AR. Following staff review and a chorles Simpson pazkway Committee study, the Planning Commission again approved the HBAV Past Presidents zonin ma s with the exce flan of the eleven critical areas and a proposed Frank R. Radford g P P Maury srrouss .modification at Cotton Hill Road. Elbert WakJron HBAV vice Pre:,dent The Board of Supervisors has delayed action on the maps and has now Lew Jamison HBAV Director: advertised the acreage to become AR zoning. This appears to the RRHBA . Jim &,ar task force to be in an effort to minimize the effect of the current lawsuits. Bill Johnson Jock Loeb. Jr. It does not reflect good planning nor the assurances earlier made to the stave Strauss development community that the maps when approved, would reflect ` legal Counsel David Helscner adequate R=1 lands suitable for development. , . ExecutNe VP - _ Mebdy Wliiams 1626 Appertwn Drive, Salem, VA 24153. 703.389-7135 • FNt: 703~89,4~30 - Affiliated with National Association of Home Builders • Home Builders Association of Virginia .. - ~ . " -~ ~ Mr. A. Odell Minnix September 9, 1993 Page Two Many of these 400+ parcels are not visible from the Parkway and were not identified as either "critical" or "sensitive" by the Parkway Committee. Yet the Board by their upcoming action, could limit construction to one acre lots and 110 feet on road frontage. This further impedes the ability of developers to consider developing affordable houses. Before the County makes another. mistake with its zoning maps, please review the work previously completed and refrain from making a decision as a reaction to several. homeowners on Cotton Hill Road or two lawsuits which have been filed. Sincerely, Richard S. Whitney, Jr. Chairman, Zoning Task Force RSW,JR./lcw cc: Mr. Elmer Hodge Mr. Terry Harrington •I/,~ ~ -, CONSTRUCTION July 29, 1993 Mr. Elmer Hodge Administrator County of Roanoke P.O. Box 39800 Roanoke, Virginia 24018 HAND DELIVERED Dear Mr. Hodge, During your requested meeting that occurred this morning at your office, you presented Strauss Construction Corporation,"SCC", with a proposal. That proposal, as I understood it, stated that if SCC 1) dropped the pending law suit and 2) agreed to limiting the density of the homes they contemplate building on the tract of land commonly known as the "Sigmon" tract to 1.75 units per acre, then the Board of Supervisors would hold a public hearing on August 24, 1993 during the regularly scheduled Board of Supervisors meeting. During that public hearing the Board of Supervisors would consider the rezoning of all areas, excluding those areas identified as "critical Parkway viewsheds", in Roanoke County that were given a designation of R-1 by the Planning Commission but then given a temporary designation of AG-1 by the Board of Supervisors during their December 15, 1992 public hearing, back to a R-1 designation. In the spirit of a compromise between the County's currently stated position of 1.75 to the acre, Mr. Minnix' previous request of 2.0 to the acre, and Strauss' previously stated position to Mr. Minnix of 4.o to the acre, reluctantly, the following, with explanation, is being proposed. 5100 BERNARD DRNE SW POST OFFICE BOX 20287 ROANOKE VIRGINIA 24018 703/989-7060 FAX 703/989-7062 BUILDERS/DEVELOPERS ~ -~ EZPL~I~tATIO~T: While SCC genuinely believes that it is being singled out and thus being treated in an inequitable and unreasonable manner as compared to the majority of other landowners in Roanoke County, we will reluctantly agree to the following conditions under great duress due to pressures being exerted on SCC by the County. These pressures include, but are not limited to, a particular time constraint that would make this development economically unfeasible if further delays were to be encountered. Our forecast for development is based upon being able to proceed immediately with this development. Delays could possibly cause changes, based on either cost or market conditions, which could significantly affect the economic feasibility of this development. Thus, a critical need exists to have this matter scheduled and voted on during the August 24, 1993 Board of Supervisors public hearing. SCC feels that a condition of no more than 4.0 homes to the acre is more appropriate and realistic. Given the fact that no other R-1 land in Roanoke County has had a similar restriction placed on it, this development will be placed in a position of competing in an unfair economic manner with other similar R-1 tracts if, as proposed by the County, over 70 ~ of SCC's development rights are taken away. Obviously, this would be an enormous and unrealistic concession on the part of SCC. As no one is able to tell SCC what market conditions may exist in the future and as no one at Roanoke County will commit to 2 "' ,/ agreeing to place a hold on any of the policies, conditions, restrictions or fees for developing this property in the County either now or, especially, over the next 5 to 7 years (the projected life of this development), a commitment of 1.75 homes to the acre becomes an unrealistic economic gamble as compared to developing this tract with the realistic and recommended R-1 zoning, with no restrictions. The reason that a R-1, no restriction development is achievable is because flexibility exists to respond to a market that is constantly changing and evolving. The real potential exists that this development may become economically unfeasible in the future with a condition of 1.75 homes to the acre. SCC feels that any condition placed on this property that reduces the development rights as compared with other R-1 lands is unjust, inequitable, unfair and unreasonable. All other potential similar developments that SCC will be competing with will have the flexibility to change, adjust and modify their development criteria. SCC will not be able to modify its plan without enduring undue hardships. And even then, the possibility exists that SCC may not be able to modify its plans. Even so, SCC was willing to more readily, but still reluctantly, accept a condition of 3.0 homes to the acre. Further, per Mr. Minnix' comment during the first reading of the zoning maps, which occurred during the Board meeting of July 27, 1993, that if one party walked away happy and the other party walked away mad, then an equitable compromise would not have been 3 ~-l reached. As Strauss was told by Ms. Ginny Owen of Cotton Hill Road, the Cotton Hill residents would "go away" if SCC proffered a density of 1.75 homes to the acre. Therefore, the 1.75 homes to the acre would not be an equitable compromise. As you are additionally aware, during the public hearing of July 27, 1993 a member of The Friends of the Parkway, Mr. Roy Lochner, stated that R-1 density should be allowed to have a 2.5 homes to the acre limitation. Further, not withstanding SCC's reluctant desire and need to have the flexibility of an absolute minimum density of 3.0 homes to the acre and coupled with the sensitive nature of these negotiations as they relate to the political pressures being placed on elected officials, SCC reluctantly will attempt to satisfy the County, the residents of Cotton Hill Road and the Friends of the Parkway with the below stated conditions. one of those conditions being to agree to a reduction of it's development rights by even more than an equal 50/50 compromise, that condition as stated below would amount to an unfair and inequitable reduction of over 58 ~ of its development rights. CONDITIONB: A_ - When the following conditions are met by Roanoke County: 1) The Board of Supervisors approving the rezoning of the Sigmon tract to a R-1 designation 4 ~ -- J 2) The above rezoning must not be delayed beyond August 24,1993 3) The Board of Supervisors consider the rezoning of all those tracts in Roanoke County that were given a designation of R-1 by the Planning Commission but then given a temporary designation of AG-1 by the Board of Supervisors during their December 15, 1992 public hearing, excluding those parcels identified as "critical Parkway viewsheds" by the Parkway committee, to a R-1 designation during their August 24, 1993 scheduled meeting 4) That written assurance from the County is given to SCC, prior to August 24, 1993, that a completed sewer facility ready for SCC to connect to and extend into the Sigmon property will be installed by the County to the Sigmon property by November 30, 1993, subject to Boone and Beasley granting the County sewer rights B - Then, SCC will reluctantly and under great duress agree to: 1) Drop the law suit 2) Limit the density of the single family homes they contemplate building on the Sigmon tract to no more than an average of 2.5 homes to the acre Strauss C nstruction Corpor Steven S. Strauss WP51\SIGMON\AGREE.1 F~ ~RALISS CONSTRUCTION Mr. Elmer Hodge Administrator County of Roanoke P.O. Box 39800 Roanoke, Virginia 24018 Dear Mr. Hodge, ~ ~- / August 17, 1993 1) Hand Delivered 2) Via FAX: 772-2089 Strauss Construction Corporation ("SCC") wishes to move forward with the rezoning of the Sigmon tract during the September 14, 1993 Board of Supervisors meeting. With your support and encouragement as outlined in your letter of August 10, 1993, SCC agrees to resubmit its proposal, with explanation, as outlined in its July 29,1993 letter to you, with the following modifications being incorporated into said proposal. MODIFICATIONS: CONDITION A 1) shall be replaced with the following: The Board of Supervisors shall consider and approve the rezoning of the Sigmon tract to a R-1 designation. CONDITION A 2) shall be replaced with the following: The above rezoning must be advertised for a September 14, 1993 Board meeting and subsequently considered and approved during the September 14, 1993 Board meeting. CONDITION A 3) shall be deleted. If the above meets with your satisfaction, please acknowledge. Strauss Construction Corporation Stev S auss c: Ed Natt Paul M. Mahoney wp51\aigmon\hodge4.mov 5100 BERNARD DRNE SW POST OFRCE BOX 20287 ROANOI~ VIRGH~M124018 703/9897060 FAX 703/989-7062 BUILDERS/DEVELOPERS COPIES MADE FOR A!L BQARD MEMBERS FM, LBE, BW, EGK, t~Bx r4 - _ L. r. 1V1cGHEE ~ co. REALTOR P. 0. BOX 667, 1211 HARDY ROAD, VINTON. VA 24179, PH 343-5718 "One of the Most Successful Real Estate Companies" WE BUY HOUSES September 2, 1993 Roanoke County Board of Supervisors 3738 Brambleton Ave S.W. Roanoke, VA 24018 Dear Sir: ~f I am acquiring 165 acres in Bonsack. The property was to be rezoned to R-1; but, was changed due to the Parkway objecting, Approximately 50$ of the land that can be developed (50 acres), is in a-area considered critical by the Parkway Ca[mission. It is my understanding that restrictions are going to be placed in the future on the area deemed critical. I have recently met with a couple planners from Roanoke County to go over my problem and I have heard nothing back at this time. First of all, the County does not have the right to do this; the same arguments at the Manassas Battlefield Dane into play, and the government lost. I do have compassion for the Parkway and I will be willing to give up sane of my rights by allowing a certain area near the parkway to be deemed critical and restrictions to be placid on it; but, not 50 acres which is up to one half mile from the Parkway. I also find the AR zoning acceptable, which is unlike other developers. If this critical area is not reduced on this tract to something sensible that I can live with, I will be filing a lawsuit and any compromise that I would have been willing to give, will be eliminated. There are many reasons for the suit; but, I will give you one to begin with. The committee was highly bias in favor of the Parkway, plus bias in one other way. My tract is 4'~ miles fran downtown and you see thousands of houses, etc. Mr. Boone's tract is over 8 miles from town and you see nothing but one home, a canplete rural area. His initial critical area was reduced after he got on the oommittee to approximately 20 acres; yet, you can see more of his property than mine; plus it is more rural. What happened here? My tract appears to have been offered as a sacred cow! The removal of a certain field, which can barely be seen fran the Parkway, from this critical area is a must, and I would hope that sane catmon sense prevails. Our carrying cost on the property is $1.6 million over the next 10 years; hence, you can understand why the battleships will arrive. ~~dRlp -~ a ':'once ~ - r3 9t~t(1 -__ ~ r~ i to properly defend this property. I felt that I should write this letter so that there should be no misunderstanding of what will transpire if a suitable compromise is not worked out. I have faith in the current board, and I would be glad to meet you at the site so you better understand the need to reduce the critical area. Sincerely, -~7 G ~ / , -L Leon T. McGhee C.P.A./Realtor cc: Mr. E]mer Hodge ~-1 ROANOKE COUNTY ZONING ORDINANCE MINIMUM LOT SIZE, FRONTAGE, AND FRONT SETBACK Trs-O~~ ~ ~s ~.3 ~~i ~ 'J ~~~ Fit „~,,~~1..Y4i~ ti:: ~.'. .=F.r,.-.: ...,._._. _eNS~~ ~.a-tr. .~.;~"" -~; ~ w K ~ "'1 ~ ~~ ~ ~,,~"~~s,r , ZONING DIS TRICT ~ ~:, ~ ~ ~ R '. .~- .s~+-'iy .~~JtP Y yy 2~u~., ~;~~f~ ~ t `+w' ~e`~xe. ~R t~'' .,L ~l'v ~r~ .1'N' ~l Y ~` Q .~-.i.Y;. ~~ ~~ "`~L ~ ~~~ AG-3 AG-1 AR R-1 ..~r MINIMUM LOT SIZE (sq.ft.) With Private Water and Sewer 3 acres 1.5 acres 1 acre 32,670 With Public Water OR Sewer 3 acres 1.5 acres 30,000 20,000 With Public Water and Sewer 3 acres 1.5 acres 25,000 7,200 MINIMUM LOT FRONTAGE (ft) With Private Water and Sewer 200 150 110 90 With Public Water OR Sewer 200 150 110 75 With Public Water and Sewer 200 150 90 60 MINIMUM SETBACK Front Yard tft) 50 30 30 30 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: September 14, 1993 AGENDA ITEM: Hold Public Hearing and Second Reading of Ordinance Amending and Reenacting the Zoning District Maps for Roanoke County, by the Adoption of Certain Miscellaneous Changes Throughout the County to Said Maps (Bonsack, Cotton Hill, Poage Valley Road) COUNTY ADMINISTRATOR'S COMMENTS: County Administrator's Comments are included with letter and other information preceding Board Report BACKGROUND' In December 1992, as part of the comprehensive rezoning of Roanoke County, the Board zoned four large areas in proximity to the Blue Ridge Parkway AG-1. In January a committee was formed to study these areas and identify viewsheds that are critical to the integrity of the Parkway. One of the objectives of the Blue Ridge Parkway Committee in identifying critical viewsheds was to also identify those properties that are not critical viewsheds. The ordinance before you is to rezone tax map parcel number 96.02- 1-44 and 96.02-1-45 from AG-1 to R-1. All other properties, that the Blue Ridge Parkway Committee has determined are not critical viewsheds will be rezoned from AG-1 to AR. See the attached maps. SUMMARY OF INFORMATION: The Planning Commission recommended, on July 6, 1993, that these properties be rezoned from AG-1 to either R-1 or AR. The Board of Supervisors held their first reading of this ordinance on July 27, 1993. ALTERNATIVES' Alternative No. 1: Hold second reading of this ordinance and take action to rezone tax map parcel number 96.02-1-44 and 96.02-1-45 from AG-1 to R-1 and all other properties outside of the critical viewsheds from AG-1 to AR. r Alternative No. 2: Do not hold second reading of this ordinance. STAFF RECOMMENDATION: Staff recommends as follows: Alternative No. 1 Respectfully submitted, ~~ ~~, Ja et Scheid, Planner Department of Planning and Zoning Action Approved ( ) Denied ( ) Received ( ) Referred to Motion by Minnix Eddy Johnson Kohinke Nickens Vote No Yes Abs ~~ / AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 14, 1993 AN ORDINANCE AMENDING AND REENACTING THE ZONING DISTRICT MAPS FOR ROANOKE COUNTY, BY THE ADOPTION OF CERTAIN MISCELLANEOUS CHANGES THROUGHOUT THE COUNTY TO SAID MAPS (BONSACK, COTTON HILL, POAGES VALLEY ROAD) WHEREAS, on December 15, 1992, the Board of Supervisors of Roanoke County, Virginia, adopted Ordinance 121592-10 which amended the Zoning District Maps for Roanoke County; and, WHEREAS, citizens in various areas of the County have requested that the zoning classifications as reflected in the new zoning district maps of their properties be re-examined to address their questions and concerns; and, WHEREAS, the Roanoke County Planning Commission held public hearings on June 1, 1993 and July 6, 1993, and have made recommendations to the Board; and WHEREAS, public necessity, convenience, general welfare and good zoning practice require that the following properties and zoning district maps be, and hereby are, submitted to the Board of Supervisors for amendment; and, WHEREAS, legal notice and advertisement has been provided as required by law, and that the first reading of this ordinance was held on July 27, 1993 and the second reading and public hearing was held on September 14, 1993. BE IT ORDAINED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1 ~-i 1. That "1992 Zoning District Maps of Roanoke County, Virginia" are hereby amended and reenacted as the zoning district maps for Roanoke County, Virginia, as follows: (A) That the following described properties are hereby changed from AG-1, Agriculture/Rural Low Density District, to R-1, Low Density Residential District: 96.02-1-44; 96.02-1-45; (B) That the following described properties are hereby changed from AG-1, Agriculture/Rural Low Density District, to A-R, Agriculture/Residential District: 40.02-1-4; 40.02-1-5; 40.02-1-6; 40.02-1-7; 40.02-1-8; 40.04-1-3; 40.04-1-4; 40.04-1-5; 40.04-1-6; 40.04-1-7; 40.04-1-8; 40.04-1-9; 40.04-1-9.1; 40.04-1-9.2; 40.04-1-10; 40.04-1-40; 40.04-1-41; p/o 40.04-1-42; 40.04-1-45; 40.04-1-46; 40.04-1-47; 40.04-1-48; 40.04-1-48.1; 40.04-1-49; 40.04-1-50; 40.04-1-51; 40.04-1-52; 40.04-1-53; 40.04-1-54; 40.04-1-55; 40.04-1-56; 40.04-1-57; 40.04-1-58; 50.01-1-16.3; 50.01-1-17; 50.01-1-18; 50.01-1-19; 50.01-1-19.1; p/o 50.02-1-1; p/o 50.02-1-1.2; 86.15-2-2; 86.15-2-3; 86.16-5-58; 86.19-1-1; 86.19-1-1.1; 86.19-1-2; 86.19-1-5; 86.19-1-6; 86.19-1-7; 86.19-1-8; 86.19-1-9; 86.19-1-10; 86.19-1-11; 86.19-1-12; 86.19-1-13; 86.19-1-14; 86.19-1-15; 86.19-1-16; 86.19-1-17; 86.19-1-18; 86.19-1-19; 86.19-1-20; 86.19-1-21; 86.19-1-22; 86.19-1-23; 86.19-1-24; 86.19-1-25; 86.19-1-26; 86.19-1-27; 86.19-1-28; 86.19-1-29; 86.19-1-29.1; 86.19-1-29.2; 86.19-1-29.3; 86.19-1-30; 86.19-1-31; 86.19-1-32; 86.19-1-32.1; 86.19-1-33; 86.19-2-1; p/o 86.19-2-9; 86.19-2-31; 2 ~ -/ p/o 86.19-2-32; 86.19-2-33; 86.19-2-33.1; 86.19-2-33.2; 86.20-3-1; 86.20-3-3; 86.20-3-4; 86.20-3-5; 86.20-3-6; 86.20-3-7; 86.20-3-8; 86.20-3-9; 86.20-3-10; 86.20-3-11; 86.20-3-12; 86.20-3-13; 86.20-3-14; 86.20-3-15; 86.20-3-16; 86.20-3-17; 86.20-3-18; 86.20-3-19; 86.20-3-20; 86.20-3-21; 86.20-3-21.1; 86.20-3-22; 86.20-3-23; 86.20-3-24; 95.02-2-44; 95.02-2-45; 95.02-2-46; 95.02-2-47; 95.02-2-48; 95.02-2-48.1; 95.02-2-49; 95.02-2-51; 95.02-2-53; 95.02-2-54; 95.02-2-55; 95.02-2-56; 95.02-2-57; 95.02-2-58; 95.02-2-60; 95.02-2-60.1; 95.02-2-60.2; 95.02-2-60.3; 95.02-2-60.4; 95.02-2-61; 95.02-2-61.1; 95.02-2-61.2; 95.02-2-62; 95.02-2-63; 95.04-1-6; 95.04-1-7; 95.04-1-8.1; 95.04-1-8.2; p/o 95.04-1-12; 95.04-1-14; 95.04-1-16; p/o 95.04-1-17; 95.04-1-18; 95.04- 1-19; 95.04-1-20; 95.04-1-21; 95.04-1-22; 95.04-1-23; 95.04-1-24; 95.04-1-25; 95.04-1-26; 95.04-3-1; 95.04-3-2; 95.04-3-3; 95.04-3-4; 95.04-3-5; 96.01-1-1; 96.01-1-2; 96.01-1-3; 96.01-1-4.1; 96.01-1-5; 96.01-1-6; 96.01-2-1; 96.01-2-2; 96.01-2-3; 96.01-2-4; 96.01-2-5; 96.01-2-6; 96.01-2-6.1; 96.01-2-6.2; 96.01-2-7; 96.01-2-8; 96.01-2-9; 96.01-2-10; 96.01-2-11; 96.01-2-13; 96.01-2-14; 96.01-2-15; 96.01-2-16; 96.01-2-17; 96.01-2-18; 96.01-2-19; 96.01-2-19.1; 96.01-2-19.2; 96.01-2-20; 96.01-2-21; 96.01-2-21.1; 96.01-2-21.2; 96.01-2-22; 96.01-2-23; 96.01-2-24; 96.01-2-25; 96.01-2-26; 96.01-2-27; 96.01-2-28; 96.01-2-29; 96.01-2-30; 96.01-2-31; 96.01-2-32; 96.01-2-33; 96.01-2-34; 96.01-2-35; 96.01-2-36; 96.01-2-37; 96.01-2-38; 96.01-2-39; 96.01-2-40; 96.01-2-41; 96.01-2-42; 96.01-2-43; 96.01-2-44; 96.01-2-45; 96.01-2-46; 96.01-3-1; 96.01-3-2; 96.01-3-2.1; 96.01-3-3; 96.01-3-4; 96.01-3-5; 96.01-3-6; 96.01-3-7; 96.01-3-8; 96.01-3-9; 96.01-3-10; 96.01-3-11; 3 ~-/ 96.01-3-12; 96.01-3-13; p/o 96.01-3-37; 96.02-1-1; 96.02-1-2; 96.02-1-3; 96.02-1-4; 96.02-1-5; 96.02-1-6; 96.02-1-7; 96.02-1-8; 96.02-1-9; 96.02-1-10; 96.02-1-11; 96.02-1-12; 96.02-1-13; 96.02-1-14; 96.02-1-15; 96.02-1-17; 96.02-1-18; 96.02-1-19; 96.02-1-20; 96.02-1-21; 96.02-1-22; 96.02-1-23; 96.02-1-24; 96.02-1-25; 96.02-1-26; 96.02-1-27; 96.02-1-28; 96.02-1-29; 96.02-1-30; 96.02-1-31; 96.02-1-32; 96.02-1-33; 96.02-1-34; 96.02-1-35; 96.02-1-36; 96.02-1-37; 96.02-1-38; 96.02-1-39; 96.02-1-41; 96.02-1-42; 96.02-1-43; p/o 96.02-1-46; 96.02-1-46.1; 96.02-1-46.2; 96.02-1-46.3; 96.03-1-2; 96.03-1-4; 96.03-1-5; p/o 96.03-1-7; 96.03-1-8; 96.03-1-9; 96.03-1-10; 96.03-1-11; 96.03-1-11.1; 96.03-1-13; 96.03-1-14; 96.03-1-15; 96.03-1-16; 96.03-2-1; 96.03-2-2; 96.03-2-3; 96.03-2-4; 96.03-2-5; 96.03-2-6; 96.03-2-7; 96.03-2-8; 96.03-2-9; 96.03-2-10; 96.03-2-11; 96.03-2-12.1; 96.03-2-12.2; 96.03-2-12.3; 96.03-2-19; 96.03-2-20; 96.03-2-21; 96.03-2-21.1; 96.03-2-22; 96.03-2-23; 96.03-2-24; 96.03-2-25; 96.03-2-26; 96.03-2-27; 96.03-2-28; 96.03-2-28.1; 96.03-2-29; 96.03-2-30; 96.03-3-1; 96.03-3-2; 96.03-3-3; 96.03-3-4; 96.03-3-5; 96.03-3-6; 96.03-3-7; 96.03-3-8; 96.03-3-9; 96.03-3-10; 96.03-3-11; 96.03-3-12; 96.03-3-13; 96.03-3-14; 96.03-3-15; 96.03-3-16; 96.03-3-17; 96.03-3-18; 96.03-3-19; 96.03-3-20; 96.03-3-21; 96.04-1-1; 96.04-1-2; 96.04-1-3; 96.04-1-4; 96.04-1-5; 96.04-1-6; 96.04-1-7; 96.04-1-8; 96.04-1-10; 96.04-1-12; 96.04-1-13; 96.04-1-14; 96.04-1-15; 96.04-1-16; 96.04-1-17; 96.04-1-18; 96.04-1-19; 96.04-1-20; 96.04-1-21; 96.04-1-22; 96.04-1-23; 96.04-1-24; 96.04-1-25; 96.04-1-26; 96.04-1-27; 96.04-1-28; 96.04-1-29; 96.04-1-30; 96.04-1-31; 96.04-1-32; 96.04-1-33; 96.04-1-34; 96.04-1-35; 96.04-1-35.1; 96.04-1-36; 96.04-1-36.1; 96.04-1-37; 96.04-1-38; 96.04-1-39; 96.04-2-3; 96.04-2-4; 96.04-3-1.1; 96.04-3-1.3; 4 -~ 96.04-3-1.4; 96.04-3-1.5; 96.04-3-1.6; 96.04-3-1.7; 96.04-3-1.8; 96.04-3-1.9; 96.04-3-1.10; 96.04-3-1.11; 96.04-3-1.12; 96.04-3-1.13; 96.04-3-1.14; 96.04-3-1.15; 96.04-3-1.16; 96.04-3-1.17; 96.04-3-1.18; 96.04-3-1.19; 96.04-3-1.20; 96.04-3-1.21; 96.04-3-1.22; 96.04-3-2; 96.04-3-3; 96.04-3-4; 96.04-3-5; 96.04-3-6; 96.04-3-7; 96.04-4-1; 96.04-4-2; 96.04-4-3; 96.04-4-4; 96.04-4-5; 96.04-4-6; 96.04-4-7; 96.04-4-8; 96.04-4-9; 96.04-4-10; 96.04-4-11; 96.04-4-12; 96.04-4-13; 96.04-4-14; 96.04-4-15; 96.04-4-16; 96.04-4-17; 96.04-4-18; 96.04-4-19; 96.04-4-20; 96.04-4-21; 96.04-4-22; 96.07-1-1; 96.07-1-2; 96.07-1-4; 96.07-1-5; 96.07-1-6; 96.08-1-1; 96.08-1-2; 96.08-1-3; 96.08-1-4; 96.08-2-1; 96.08-2-2; 96.08-2-3; 96.08-2-4; 96.08-2-6; 97.01-2-1; 97.01-2-2; 97.01-2-3; 97.01-2-4; 97.01-2-5; 97.01-2-6; 97.01-2-7; 97.01-2-8; 97.01-2-9; 97.01-2-14; 97.01-2-15; 97.01-2-16; 97.01-2-17; 97.03-1-20; 97.03-1-21; 97.03-1-22; 97.03-1-23; 97.03-1-24; 97.03-1-25; 97.03-1-26; 97.03-1-27; 97.03-1-28; 97.03-1-29; 97.03-1-30; 97.03-1-31; 97.03-1-32; 97.03-1-33; 97.03-1-34; 97.03-1-36; 97.03-1-37; 97.03-1-38; 97.03-2-1; 97.03-2-2; 97.03-2-3; 97.03-2-4; 97.03-2-5; 97.03-2-6; 97.03-2-7; 97.03-2-8; 97.03-2-9; 97.03-2-10; 97.03-2-11; 97.03-2-12; 97.03-2-13; 97.03-2-14; 97.03-2-15; 97.03-2-16; 97.03-2-17; 97.03-2-18; 97.03-2-19; 97.03-2-20; 97.03-2-20.1; 97.03-2-21; 97.03-2-22; 97.03-2-23; 97.03-2-24; 97.03-2-25; 97.03-2-26; 97.03-2-27; 97.03-2-28; 97.03-2-29; 97.03-2-30 2. That said map or maps entitled "ZONING CHANGES BONSACK" and "ZONING CHANGES COTTON HILL AND POAGES VALLEY ROAD" (dated 5 -~ / July 21, 1993) are attached hereto and incorporated herein by reference. 3. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. e:\wp51\agenda\code\zone.2nd 6 Z Q Q Z W V Z Z N a ~d "'°'°"' AVMJIHy~ ~ ~ HS ,, ~b_ VJ Z _o Q Z W D Z Z O N ~~ ~ ~~ J J U o~ a a ~iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii~iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiit~ _ _ - 1 ~~ _ _ .,, :",r Y. AGENDA ITEM NO. ;, mow. _ - _ - -_ APPE CE REQUEST _ __ PUBLIC HEARING ORDINANCE CITIZENS COMMENTS • -_ = SUBJECT: L U ~, pCi z tZo ti ~ N ~~ -_ I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED BELOW: _ ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will = decide the time limit based on the number of citizens speakin on an issue, _ = and will enforce the rule unless instructed by the majority ot~the Board to do otherwise. - __ _ ^ Speaker will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. c ^ All comments must be directed to the Board. Debate between a recognized __ speaker and audience members is not allowed. __ ^ Both speakers and the audience will exercise courtesy at all times. _ ^ Speakers are requested to leave any written statements and/or comments with the clerk. _ ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP c ALLOWING THE INDIVIDUAL TO REPRESENT THEM. -_ __ PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK ~~ i ~ - ~ _. - _ ~ - • ~ NAME ~-T~ 2.. ~ r v ~ N s _ ADDRESS ~~ ++ ~~-, ~,~~. ~ Rn -- ~ - v ~ (~~F'l C L PHONE m~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~m in~~n~n~nininiininiinninnninniinnniii~iiiniiin~~~ininin AGENDA ITEM NO. ~-•-~ APPE CE REQUEST FOR PUBLIC HEARING ORDINANCE CITIZENS COMMENTS SUBJECT: v .~:~ I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, I WILL GIVE MY NAME AND ADDRESS FOR 'THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED BELOW: ^ Each speaker will be given between three to five minutes to comment whether speaking .as an individual or repi esentative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. ^ Speaker will be limited to a ppresentation of their point of view only. Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ SQeakers are requested to leave any written statements and/or comments with the clerk. ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK NAME ADDRESS PHONE I1111111111111111111111111111111111111111111111111111111111111111111111111111 ~~ AGENDA ITEM NO. ~~ AppE CE REQUEST FOR `~/PUBLIC BEARING ORDINANCE -CITIZENS COMMENTS SUBJECT: ~C.._ ( ~~ ~~ N ~ ~' ~ ~~(t.~ ~ ~ A /VGc~L- I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may commentD. WHEN CALLED TO THE LECTERN, I WII,L GIVE MY NAME AN ADDRESS FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED BELOW: ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the ~meenforcebthe r ule unlessuinst uct d lbyethe smajoritgy of the issue, and Board to do otherwise. ^ Speaker will be limited to a ppresentation of their point of view only. uestions of clarification may be entertained by the Chairman. Q ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ SQeakers are requested to leave any written statements and/or comments with the clerk. ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITG THE INDIVIDUAL TO REPRESENT THEM. THE GROUP ALLOWIN PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK NAME ADDRESS _ ~~~5 « '~~~~~ ~ ~{L,Lf~ PHONE r v,~ti~ ~,~ . ; .~ . 11111111111111111111111111111111111111111111111111111111111111111111111111111 ~iiiuiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiuuuuiiiiuiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiuuuiiiiiiiiiiiiiiiiiiiuiiiii~~~~~~~ - - _ _ _ ~ _ _ - _ _ AGENDA ITEM NO. _ APPE CE REQUEST - ~ - PUBLIC E[]EARING ORDINANCE CITIZENS COMMENTS c SUBJECT: ~~~ ~ ~ C~ ~/~u~ ~>~~~- ~ ,~.~r~ -~~~ I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED BELOW: __ ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will = decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. - _ ^ S Baker will be limited to a resentation of their oint of view onl . _ P P p Y = __ Questions of clarification may be entertained by the Chairman. c ^ All comments must be directed to the Board. Debate between a recognized __ speaker and audience members is not allowed. __ ^ Both speakers and the audience will exercise courtesy at all times. ^ Speakers are requested to leave any written statements and/or comments vnth tl:- ., clerk. _ ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP = ALLOWING THE INDIVIDUAL TO REPRESENT THEM. _ __ -_ PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK - - fi~~~~~~~t~~~~~~~~~~~~~~~~~~~~~~~~t~~~~~~~~~~~~~~~~~~~~~~~~~~~~~t~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~t~~i1'I 3805 Pinevale Road, S.W. Roanoke, Virginia 24018 September 14, 1993 Mr. H. Odell Minnix, Chairman and Members of the Board of Supervisors Roanoke County, Virginia Dear Members of the Board: SUBJECT: Rezoning request of Mr. Len Boone for Beazley property, AG-1 to R-1 I am a resident of Roanoke County and a professional land planner who has been involved with design, preservation and environmental issues in the Roanoke Valley for the past fifteen years. Our valley is rich in amenities and natural resources that make our quality of life exceptional. It is critical to our future that all efforts be made to manage growth in the valley in such a manner as to protect those significant elements that make our community special and productive. That responsibility for setting public policy and managing land use falls to you as the governing body. Making correct decisions that affect our future are not easy. The matters before you tonight are most important, for us and for our children. The Blue Ridge Parkway and the Blue Ridge Mountains surrounding our valley are the most important environmental and historic features of our community. Both are recognized by citizens and visitors as tremendous assets and they are deeply cherished. The Blue Ridge Parkway is potentially eligible for the National Register of Historic Places and represents not only an historic landscape corridor, but also an economic investment for the entire Roanoke Valley. I have copied several newspaper articles for you that address the importance of the Blue Ridge Parkway and the mountains to the tourism industry of southwest Virginia. These articles emphasize the economic value of this resource. Last year in Virginia, tourism spending reached a record of $8.6 billion and was the state's second largest industry. Ecotourism (for environmental attractions) and Heritage Tourism are the top draws for visitors today, and Roanoke has the great potential for both. Every effort must be made to preserve the important vistas along the Parkway and to manage growth in a manner that is orderly, enhances the experience of the corridor, and is not intrusive. It is reasonable to maintain conservative agricultural zoning in these critical viewshed areas. It is also legitimate to claim that protecting and preserving this important environmental and historic resource through reduced zoning density and other methods is consistent with your governmental authority to protect the public's health. welfare and safety. This has been proven in courts across the country. The current zoning is not inappropriate. Other properties in the vicinity that allow development at a higher density may have different attributes which make it reasonable to consider an alternative zoning classification. The Beazley property, and others that have been identified as having "critical viewsheds" are worthy of a more conservative classification, and ideally of more official protection. I hope that you will recognize the significance of your decisions on this matter as it relates to Roanoke County and the Valley as a whole. I hope that you will stand by your commitment to maintain our quality of life and our economic potential in tourism. I urge you to maintain a conservative agricultural zoning for the Beazley property and for others that have been identified as critical. I also hope that you will continue working with citizens, developers, and Blue Ridge Parkway Officials in protecting this resource further. Respectfully submitted, _~-- C:%~ ~i~ Evelyn S. Gunter ~IIIIIIIIIIIIililllllllllllllillllllllllllillllllllilillllllllll1111111111111111111111111111111111111111111111111111111111111111~11 _ - _ ~.- AGENDA ITEM NO. c - - - - - - - - _ _ _ _ _ _ -_ APPE CE REQUEST - _ -_ PUBLIC HEARING ORDINANCE CITIZENS COMMENTS - - - - - - SUB CT. f ~ `~ I would like the Chairman of the Board of Supervisors to rec6~gnize me Burin the - - meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED BELOW: - _ __ _ ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speakin on an issue, c and will enforce the rule unless instructed by the majority of~the Board to - do otherwise. - __ ^ Speaker will be limited to a presentation of their point of view only. __ Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the Board. Debate between a recognized __ speaker and audience members is not allowed. _ ^ Both speakers and the audience will exercise courtesy at all times. ^ Speakers are requested to leave any written statements and/or comments with the clerk. __ c ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP = SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. c -_ - EG B Y D GIVE TO THE C ERK - PLEASE PRINT L I L AN L - - - - - - - - - - _ - - - - -_ -_ - NAME ,~ '~,,r_. - - - // -_ ~~ K / ~ /I/ - = ADDRESS t- ,~;~:,~~~ ~'~ / _~ ~ .(,~k~. ,.~ ~fu ~~~ `~~ - - - - - - ~- n~~ - - - PHONE -~ -~ ~'-~= c:~ mllllllllllll11111111111111111111111illlllililllllll11111111111111111111111111111111111111111111111111111111111111111111111111111~1 WIIIIIIIIIIIIIIIIIIIIIIIIIIIII11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111~ _ _ ~, _ _ _ _ _ _ _ _ _ AGENDA ITEM NO. _. _ _ _ _ _ _ APPE CE REQUEST -_ -_ ~ - _ _ PUBLIC HEARING ORDINANCE CITIZENS COMMENTS ~; _ JE ,/r!~ ~ , ., , SUB CT ~ ~~ ^ -,: ; _ - v ~% I would like the Chairman of the Board of Supervisors to recognize me during the _ meeting on the above matter so that I may comment. _, WHEN CALLED TO THE LECTERN, I WILL GIVE MY NAME AND ADDRESS __ FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED BELOW: ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will c decide the time limit based on the number of citizens speakin on an issue, = and will enforce the .rule unless instructed by the majority ofgthe Board to = __ do otherwise. _ __ ^ Speaker will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. _ ^ All comments must be directed to the Board. Debate between arecognized = speaker and audience members is not allowed. r~ ~ ^ Both speakers and the audience will exercise courtesy at all times. =_ ^ Speakers are requested to leave any written statements and/or comments c vnth the clerk. ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP c ALLOWING THE INDIVIDUAL TO REPRESENT THEM. __ PLEASE PRINT LEGIBLY AND _ GIVE TO THE CLERK _ NAME ~i ~j (~ L r ~ __ ADDRESS ~ ~~ ~ ~` 1' s c c PHONE ~ ~t-S~-1 I ! ~ illllllillllllllillllillllillilllllilillllllillllllllllllillllllilllllllilllllillllllllllllllllllllllllllllilllllllllilllllliillm TESTIMONY OF JIM OLIN AT PUBLIC HEARING ON ZONING NEAR BLUE RIDGE PARKWAY SEPT 14,1993 Mr. Chairman and members of the Board, I thank you for this opportunity to testify on a subject that is very close to my heart. I have been a resident of Roanoke City for 25 years. I first drove the length of the Blue Ridge Parkway about 40 years ago with my whole family on a camping vacation. I have recently been heavily involved in the planning and construction of a Parkway spur connecting it to the Explore Park. I am very aware of the value of this project and the entire Parkway to Roanoke County. I hope that there will soon be a major Visitors Center for this area of Southwest Virginia located along the Parkway in Roanoke County. I think it is very important to maintain, as much as possible, the rural, historic and natural values of this beautiful road and its view points. The right of way of the Parkway is sufficient for a protective boundary of trees and a series of look outs, points of interest, and views of rural Virginia settlements and farming. But it is evident as our population grows and cities expand there will be a conflict between economic and residential development and the preservation of rural views from the Parkway. It will never be possible for the Parkway to purchase all of the land to preserve its view points as they are~and it will be necessary for it to work out with each of the municipalities along its borders a reasonable solution to preserve the values the Parkway represents. That brings us to why we are here tonight, zoning. Zoning is the legal procedure that municipalities like Roanoke County will use to define the use to which the land near the Parkway will be put. Let me say a little bit about zoning. It is a procedure given to municipalities by the State Government to regulate the use of the land within its borders. Counties and cities have broad powers to restrict land use for the purpose to "promote health, safety and general welfare." All zoning decisions place some limitation on owners and developers of land. For example, zoning ordinances may be for the following purposes: to protect against destruction of or encroachment upon historic areas to protect against one or more of the following over crowding of land, undue density of population in relation to the community facilities existing or available _l to provide for the preservation or agricultural and forestal lands The law also provides that "The governing body of any county ... may regulate, restrict, permit, prohibit, and determine the following: ... (c) The areas and dimensions of land, water and air space to be occupied by buildings, structures and uses, and of courts, yards, and other open spaces to be left unoccupied by uses and structures..." It is clear to me that in the zoning situation the Board of Supervisors is dealing with today the law gives it wide freedom supported by many, many court cases up to and including the U. S. Supreme Court. The Board has the power and the responsibility to exercise its best judgment as to what action is the best for the general welfare of the public. If it feels that some of the land in question should remain farm land to protect historic values, it should do so. If the Board feels that it should maintain a limited density of housing to avoid congestion, it should do so. I would hope that all parties to this matter would recognize that there is a long range public issue involved. I doubt that the public wants the uniqueness and beauty of the Blue Ridge Parkway diminished. I also doubt that failing to get a small amount of land zoned for more dense housing will be a serious blow to either the land owners or the developers. I would hope that the parties to this matter would decide to find a way to work it out. I hope that out of that effort will come some land which will be maintained as it is, in very near its natural form, with no improvements on it except to benefit agriculture. I hope also that in the few other areas where there are open vistas along the Parkway the zoning will remain rural with adequate space between structures. In any event, the Board should recognize its obligation to the broad public and act. ~iiuuiiiiiiiiiiiiiiiiiiiii~iuiiiiiuiiiiiiiuiii~i~~iiiuiiiiiiiiiuiiiiiiiiiiiiiiiiiiiuiiiiiiiiiiiiiiiiiiiiiiiuiiiiiiu~~~~ _ _ _ _ _ _ - .~ - _ _ _ _ _ _ _ _ AGENDA ITEM NO. _ _ _ _ _ _ APPE CE REQUEST _ - '~ PUBLIC HEARING ORDINANCE CITIZENS COMMENTS __ __ SUBJECT: ~` ~' t ' ~ . ~ ) ;; ~ ._ `_ ,~ . {, ~l ~:c I _' ~_ _ I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. __ =_ WHEN CALLED TO THE LECTERN, I WILL GIVE MY NAME AND ADDRESS c FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED -_ BELOW: __ c ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, = and will enforce the rule unless instructed by the majority of the Board to = do otherwise. ^ Speaker will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. ~_ _ ^ All comments must be directed to the Board. Debate between a recognized = speaker and audience members is not allowed. _ ^ Both speakers and the audience will exercise courtesy at all times. __ _ ^ Speakers are requested to leave any written statements and/or comments c - with the clerk. ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK c -' _ __ -_ 11111111111111111111111111111111111111111111111111111111111111111111111111111 AGENDA ITEM NO. R - ~ APPEARANCE REQUEST FOR /PUBLIC HEARING ORDINANCE CITIZENS COMMENTS SUBJECT: ~n.. ~~f. ~~ no ~ qS I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED BELOW: ^ Each speaker will be given between three to five minutes to comment whether speaking .as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. ^ Speaker will be limited to a ppresentation of their point of view only. Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ SQeakers are requested to leave any written statements and/or comments with the clerk. ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK NAME ADDRESS PHONE 11111111111111111111111111111111111111111111111111111111111111111111111111111 7?~-Ilq~ I~Illliilllllilllllllllllllllllllllilllllllllllllllllllllilllllllllllllllllllll AGENDA ITEM NO. R = APPS CE REQUEST FOR /PUBLIC HEARING ORDINANCE CITIZENS COMMENTS SUBJECT:orris-c of ~ u-rc ~-~ ~~~d /~~e~~J I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, I WII.,L GIVE MY NAME AND ADDRESS FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED BELOW: ^ Each speaker will be given between three to five minutes to comment whether speaking .as an individual car representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. ^ Speaker will be limited to a ppresentation of their point of view only. Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ SQeakers are requested to leave any written statements and/or comments with the clerk. ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP GROUP ALLOWING THE INDIVIDUAL TO REPRESOENT THEM. THE PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK NAME ADDRESS PHONE l.ev ~. ~~ .yoke as~oz~l ~703~ 3~3-2~FS1 s 11111111111111111111111111111111111111111111111111111111111111111111111111111 VIRGINIA: IN THE CIRCUIT COURT FOR THE COUNTY OF ROANOKE NORMA J. SIGMON 1947 Aspen Drive Daleville, VA 24083 Petitioner v. BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA Serve: c o Paul Mahoney, Esquire County Attorney 3738 Brambleton Avenue Roanoke, VA 24018 Defendant v. ~ MICHAEL G. BELL, ) WILLIAM C. OWEN, ) VIRGINIA DAVIS OWEN, ) KENNETH WRIGHT and ) SUZANNE R. WRIGHT, ) Interveners. ) Case No. 161CH93000031-00 MOTION FOR LEAVE TO FILE PETITION TO INTERVENE The Interveners, by counsel, pursuant to Rule 2:15 of the Rules of the Supreme Court of Virginia, move the Court for leave to file the Petition to Intervene attached to this Motion as Exhibit A, to assert claims and defenses germane to the subject matter of this lawsuit. Given this /~ day of September, 1993. MICHAEL G. BELL, WILLIAM C. OWEN, VIRGINIA DAVIS OWEN, KENNETH WRIGHT and SUZANNE R. WRIGHT ~ "~ 0~'~CourYse WOOTEN & HART Bradley D. McGraw, Esquire ( #22724 ) WOOTEN & HART, P.C. ATTORNEYS-AT-LAW P. O. BOX 12 2 4 7 RonnoKE.vA ROanoke, VA 24024 ~~(703) 343-2451 VIRGINIA: IN THE CIRCUIT COURT FOR THE COUNTY OF ROANOKE NORMA J. SIGMON 1947 Aspen Drive Daleville, VA 24083 Petitioner v. BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA Serve: c/o Paul Mahoney, Esquire County Attorney 3738 Brambleton Avenue Roanoke, VA 24018 Case No. 161CH93000031-00 Defendant v. MICHAEL G. BELL, WILLIAM C. OWEN, VIRGINIA DAVIS OWEN, KENNETH WRIGHT and SUZANNE R. WRIGHT, Interveners. PETITION TO INTERVENE The Interveners, by counsel, pursuant to Rule 2:15 of the WOOTEN 8c HART ATTORNEYS•AT•LAW ROANOKE. VA. Rules of the Supreme Court of Virginia, petition to intervene in this suit on the following grounds: 1. The Interveners are residents of Roanoke County, who reside in the vicinity of the three parcels totalling approximately 98 acres (the "Acreage") that are the subject of this suit. The Interveners reside at the following addresses: a. Michael G. Bell, 6700 Mason Knob Trail, Roanoke, Virginia 24018; 6,~U i'~I, A r WOOTEN & HART ATTORNEYS-AT-LAW ROANOKE. VA. b. William C. Owen and Virginia Davis Owen, 6161 Cotton Hill Road, Roanoke, Virginia 24018; c. Kenneth Wright and Suzanne R. Wright, 6949 Briar Ridge Circle, Roanoke, Virginia 24018. 2. The Interveners are the Board of Directors of a Virginia association known as Citizens for Responsible Rural Growth ("CRRG"), which has an expanding membership now exceeding fifty families residing in Roanoke County in the vicinity of the Acreage. The Interveners bring this Petition to Intervene in their individual capacities, but with approval of the membership of CRRG. 3. The Petitioner has filed a Motion for Declaratory Judgment requesting that this Court enter an Order (a) declaring that the action of the Board of Supervisors of Roanoke County, Virginia (the "Board"), on December 15, 1992, zoning the Acreage agricultural district AG-1, is arbitrary, capricious and unlawful, and further that the matter be referred to the Board for such further action as would place the Acreage in the R-1 zoning category, and (b) granting such other and further relief as the nature of the cause may merit. 4. Zoning of the Acreage as AG-1 was proper and the actions of the Board in so zoning the Acreage were proper. 5. The Interveners adopt as their own the Answer to the Bill of Complaint filed by the Board on February 9, 1993. 6. Since filing of this lawsuit, the Planning Commission of Roanoke County, Virginia (the "Commission") and 2 WOOTEN Et HART ATTORNEYS-AT-LAW ROANOKE. VA. the Board have conducted hearings regarding possible rezoning of the Acreage to residential district R-1, which would permit the Petitioner to build up to six houses per acre, or approximately 588 houses on the Acreage. The existing AG-1 classification permits one house per three acres, or approximately 33 houses on the Acreage. 7. Rezoning the Acreage to permit density greater than under the AG-1 classification would violate the Roanoke County Land Use Plan (Comprehensive Development Plan Horizon Year 2003) (the "Comprehensive Plan") and Va. Code ~~ 15.1-456 and 15.1-490. 8. The Interveners are advised that the Board and the Petitioner are engaged in settlement discussions regarding this lawsuit intended to result in entry of a consent decree by this Court imposing conditions on development of the Acreage. Those negotiations are occurring in secret and the Board has refused the request of the Interveners and CRRG that the negotiations be made public and that they be permitted to participate in them. 9. Such a negotiated settlement between the Board and the Petitioner would violate the requirements of Section 30-15 of the Roanoke County Zoning Ordinance and Va. Code ~ 15.1- 491.2:1. 10. The attempt by the Board and the Petitioner to negotiate a consent decree outside the public forum subverts the public hearing requirements of the Roanoke County Zoning 3 Ordinance and excludes the Interveners and the residents of Roanoke County from any meaningful opportunity to participate in the zoning process regarding the Acreage. 11. The conduct of these secret negotiations between the Board and the Petitioner denies the Interveners due process. 12. Granting of the Petitioner's Motion for Declaratory Judgment or entry of a consent decree as described above would directly, adversely and irreparably impact and damage the Interveners and their rural residential property near the Acreage. WHEREFORE, the Interveners request that this Court enter a Decree: A. Dismissing the Motion for Declaratory Judgment, with prejudice; B. Affirming the decision of the Board of Supervisors of Roanoke County, Virginia, adopting and reenacting the "1992 Zoning District Maps (Master Set #1)" to implement the provisions of the County's new zoning ordinance; C. Enjoining the Board of Supervisors of Roanoke County, Virginia, and the Petitioners from negotiating zoning of the Acreage other than in accordance with the public hearing requirements of the Roanoke County Zoning Ordinance and the Comprehensive Plan; WOOTEN & HART ATTORNEYS-AT-LAW ROANOKE. VA. 4 D. Refusing to sanction a consent decree denying the Interveners due process in adoption of any zoning ordinance regarding the Acreage; E. Awarding the Interveners their attorney's fees and costs; and F. Granting such other and further relief as the nature of this case may merit. MICHAEL G. BELL, WILLIAM C. OWEN, VIRGINIA DAVIS OWEN, KENNETH WRIGHT and SUZANNE R. WRIGHT By O u se Bradley D. McGraw, Esquire (#22724) WOOTEN & HART, P.C. P. O. Box 12247 Roanoke, VA 24024 (703) 343-2451 bdm-f\10138-3:mk09/14/93 WOOTEN 8t HART ATTORNEYS•AT~IAW ROANOKE. VA. 5 To whom it may concern: I strongly oppose any zoning of greater density trian AR (1.75 house per acre) for lands adjacent to the Blue Ridge Parkway in Roanoke County. Signed: DATE NAME ADDRESS rt' 9' ~~ ~~ (C °1~ ii-9. ~- U L~d~ ~'~ _ ~. ~ ,.. _, 1~ • - 6 ~< v~/ r y g-(1 -q3 r3~ a~~ ~~-. ~ot~ / - - it _ .- ~~~ ~ ~ ~~ i ~ S t~ . C ~' ~. ~ / ~ /~ To whom it may concern: I strongly oppose any zoning of greater density than AR (1.75 house per acre) for lands adjacent to the Blue Ridge Parkway in Roanoke County. ,Signe DATE N E ADDRESS ~~ ~ ~ 3 ~ ~2Or~l/~ ~~d, 9l /~ .~. ~~ ~~ L // ~~ 9 J ~j e ~ ~~i~ /~~ /7 c - l / ~~~~~ (~~ ~ ~-U.~ ~c~~ .b3 ~U~. ~~~`t ~ V I Q~^' ~ Q~ Sly ~ QUcro~~ y l~ F~ ~~/~ i / 3d3 0 ~7~~.b e ~r ~ • ~ - v ~ ho ~- ~ r ~~~/p - I_ r~35 ~. ~c.~~ ~ ~~ ~c~ ~ ~ ~ `> ~~ ~ 6 `~'- 1 C~ - °13 ~' ...~.~,,,.~ ~ ~ a3 ~} 1,J o ~cA ^~ C, -c . j ~,..~ , ~ `{ o l ~ /G~'Gl ~~"`~~ ~°to~--_ ~ .S / Ul'lij~1 Gvi ~i~ S~/ 9~~ ~ ~~ ,~ ~ ~~1J . ~. ~ ~ ¢ '~ // Vi V - -7 ~,. i ~ ~- ~ ~ ~ ~ a~ ~~ ~ ~~~ ;~~0~~ _ _ _ ~ _ To whom it may concern: I strongly oppose any zoning of greater density than AR (1.75 house per acre) for lands adjacent to the Blue Ridge Parkway in Roanoke County. Signed: DATE NAME ADDRESS ~`~ 1G -. ~ 3 ~ ~!S' 002 FYI < /~v. ~~"NT" r. Gri4 ~2- V '- t/ 7 ./ 9 ~.~ - ~G/ ~. U G ~~ f ~ ~ ~ L~ S _' / O _" ~~ 5r i ~'V W r 2i ~~ ~V ~~~NLV~c IN ~D~S~ ' ~ -V / `C-. f+ O i ., ., f~ ~- `' 1 ±~~~~3 :r ~ S ~d,CJ ~ v ~~ 0 ~~ ~~ ~ ~°~~ 7 9-/~-~%~ X20 ~ ~7C.t~c ___- ~ ~.h S' ~ 2k4 ~ ~o t~ ,~~/~~~~~I~~~-, ~, ~-~.~- , /.n9~Jir~~N ~ina - ~v~ To whom it may concern: I strongly oppose any zoning of greater density than AR (1.75 house per acre) for lands adjacent to the Blue Ridge Parkway in Roanoke County. Signed: DATE NAME ADDRESS /- ,/~ Y 1 e-v," i V~Q ~t~.J " _ S' ~ ` r ~ S S Ar P p r~ ~ bbl 9~ ~aw~~ a~~s/~ ~~ 20~-,.~ ~~~- r~,~ ~. ~~ ~ ~s I X TJ/ ~ ~/ ~ / V ~~V ` ~Vv l o ~ 3 e U~ ~ ~ ~ , ~ ~}!~~ - G 6~1 Lam' Ic~~ ~~Qj~ q i~ 9 ~ ~o ~3 q~ ~~-- b ~~~ ~~in~~ ~ ~, ~. ~ . 4 ,~ S~ 3 b ~~ ~..; 3 z-~3 G~:ct.~.~ ~~~ ~~~.r ~ ~,~ua ,N n~ ,v,,<~. ,OL ~~ z ~eo~~ ?~~, -~v/.~ ~~/~ ~vJ -~ , - ~;~~ L~,,~ =~~ ~ ka-4~~ ~~ TECN 6t~jzy~, ,/1~ Ur .:~Ya ~~y~i ~ ~~~ ~~~~ ~C~" o% ~~~ , d tiw To whom It may concern: I strongly oppose any zoning of greater density than AR (] .75 house per acre) for lands adJacent to the Blue Ridge Parkway in Roanoke County. Signed: DATE NAME ADDRESS - (~ , ~ ~ f ~ 4ti`''" ~~ ~ I~ ~'N~ ~. 6L tom. N c- ~~r- ~ `~ / U ~,~ o~ ~~~ I/~~ d~~rc ~A~'P~`5(nS, ', /_ ? 1~. -~ Z 3 ids-' ~~,.~ ~ ~ ~°, ~__ _ ~ ; .~ ~- ~ I - 93 C~ ~-i,~.~ ~~.s i ~ ~,~~,~',~'. Sao ~ ~'- - ~s~z... ,3~ - d ~/. ~ is i i i ~ of i ~ _ . ~ ~, ~ .. ~, c_.~ ~ i ~ < < G; ; ~ .5 ~O - d/ ~~ „~ ~ jv To whom it may concern: I strongly oppose any zoning of greater density than AR (1.75 house per acre) for lands adjacent to the Blue Ridge Parkway in Roanoke County. Signed: DATE NAME ADDRE ~ ~ o ~~pl __~ G,~~~.~..~.t . ~ i R ~ ~~ 3 i a~ ~~ ~,e ~ ay~~ 9 ~ ~ ~3 ~ ~ ~! -l Sl ,4 t i i ~ ~ ,~ ~ ~. ~ ~~ ~~r rill ~'~ . boa - ~ 1a v < <~ 3~~ . 7/ ~ . -fir ~~c~du r '~ _. , ~ ~// L ~ ~ i ~~ o ~ SL~~ To whom it may concern: I strongly oppose any zoning of greater density than AR (1.75 house per acre) for lands adjacent to the Blue Ridge Parkway in Roanoke County. ~.~ Signed: DATE NAME ADDRESS o/.,/ ~ _ n To whom it may concern: I strongly oppose any zoning of greater density than AR (1.75 house per acre) for lands adjacent to the Blue Ridge Parkway in Roanoke County. Signed: DATE NAME ADDRESS rn r ~ ~ c ~, -, ~~u ~ '~,,~u,~0 ~~~~~ `70 s v.~+.~, , r wa y ~ ~ ~ ~ ~'v~a.~y ~, Uq , u~ d I q-~~ ^~3 ii - ,3 ~~ 1/, ~3 ~-~i - 9~ ~-..~1.-cif ~~ -~ ~~~1~ -. ~~`~.u..~ ~ ~e %~~~ ice, 2~G' ~, C--L-~c.c~ ~ ~~k.,C~ ~ ~ Z ij d ~ h ~~~ j~~~ 36rc ~ ~,,~ 3 Stag v~ ~~ ~~~ ~ S l~ .~~~ „1~/ar~ew~flK Kdl ~ ~~ ti ~~ ~~~. r G.iAy~,~.~,) M R ~ O i 7 7l~ To whom it may concern: I strongly oppose any zoning of greater density than AR (1.75 house per acre) for lands adjacent to the Blue Ridge Parkway in Roanoke County. Signed: DATE NAME ADDRESS / ,Q e ~ 1 r'~ ~ ~ 1-// - / ~.S > ~~ I l v~ ~ ~ ~ ~~~~_ ~ ~~ ~ i L~ ~ ~ 7 `1 l j - ~ ~ ~~~~ ~r~ ~ ~~ ~ ~ ~~~ ~ ~ ~ - 3~~. ~~~ ~ ~ ~ a ~ ~ - I ~ ~ 3 ~ ~ vim. ~-~ o~ l -, t- \_~ ~_.IJV~,~CI.`.~ .n ~-ul ti~~~7 ,..,,,.~cl•,~__ C~.-k' ~~-~~ , ~- `"tL) l l ~ -~~ ~.- .. - •.~- ~~ -1 ~ ~, ~j ~~ ~~ /r ''-yol? "" Z ~} D l'A1 Jt 467 ~Ks..~w~~~l ~/` /yL/ . T~O~tw•~i. ~~' yy~ 4 ad...~_ V A s,l~ ~~~ .SAr~~ ~G~qr J~ LcY~ VH_ ~'7~~ <571 Cry c~ i ~ ~~s ~~ '- - ~~ ~ ~ n ~ ,. To whom it may concern: I strongly oppose any zoning of greater density than AR (1.75 house per acre) for lands adjacent to the Blue Ridge Parkway in Roanoke County. Signed: DATE NAME ADDRESS Q p~ - - - ~ ~~a ~ ~~~ ~ ~ ~ti ~~4~Z~ ~ `~ /, _~,_9 9 l t ~3 `~ ~ Sr;~ ~~D is ~-l I - ~3 ~ ~. ~ ~, ;~ 3 7 y.3 ~..~ ~.~.,h~. ~~~, ~a . ~2~o td~ ~I°~l~ q l` D~ ~ ~ ~ ~~ ~,~ ~ " ~' ~ ~' J ~ ~3 ,~.~ 2~ L ~ ~ ~~ ~~- ~ ~l (, , ~~ e " ~~.~ l l ~~c E°~~~~ ~ ~ c". ~ ` q ~l 93 ,~~~ ~ ~< ~3 ~~ r~~~ ~~ ~~~ ~~T ~/~ z~~s~l 't/~~ ~ III l 5'i~li Gird a ~n i~ ~ s IZ -~ • ~ `"~ v ~o ~~ ~..a.+~ ~ ,~ ~ o-w~• ~ ~- 6 ~ °hl e,~~lil, g~l~ I g3 '~.'~; ~tsorz~, ?~~~ ga~~ ,~u-e. (~o~ec., z~ d r 6 !1 ~ 3 ill ~ Ghe~c! e>~- 332 S~ ~ s - 07 0/~ To whom it may concern: I strongly oppose any zoning of greater density than AR (1.75 house per acre) for lands adjacent to the Blue Ridge Parkway in Roanoke County. Signed: DATE NAME A (DDR/ESS Q tC G` 9/~i /q3 ~ij,'Ll.G~ ~~ a.'L~,~ 2 ~ / 7 C ~~ cy ~~C~ ~'~Sc.</ ,~Oa,~ak~ ~/6c ~l ~-~~ -9~ ,~~~ ~ yy .,~ ~G s. tip. ~ ~~e~y f 9 f t/-~ ~~~ ~.~ a~. ..~~--~> -~I- 9 -11-93 ~~ -- - ~ .7f~~/~ 13 ~ ~~e-~,, ,~ri,,.~~tc,,~4..1-~0 ~ r~ ~ y~ ,r~ ~ 3 ~~--, 3aL`~ f}5liwomal. Cam. ~ ~~°'S cad n~~<< ~J~ _ ~~ a ~ < 4, .t~~ (~o~, 02 yb! ~o .. r ~ s.i s ~/4 J To whom it may concern: I strongly oppose any zoning of greater density than AR (1.75 house per acre) for lands adjacent to the Blue Ridge Parkway in Roanoke County. Signed: DATE NAME ADDRESS / ~ n n ~ / '. .7 .. !1 /7 ~ n. U , to G~ d !~1 ~ w . ~~ ~~i/ / 9 3 ~~..~f~~-~ lam, d 5~~ ~ r ~u~~, ~d J~ f . ~ ~~, .~ ~ ~ r~ ~ /! -~ N ~ ~ ~ Y. ~ y 1 ~~ ( ~ ~ .--rS.l.( X1 v ~ 1~. /J ? ~ ~ '~l et..(~.]~L(_i-., a ~F' ~ ,7 : ~ ~~ ~~ ~il t~ / t• ~+l J', lX [.L.rY'l1' _ c„z !~~ `~ /, ~~ °i - ~t-9~ 9-t t- 9~~t-Q ~.~ c~ ll~ ~ ~ ti:~~S-fYti(.P~~ ~(~~U(I.T~,~ .~~(~U ~~~'USS~~.~ ~; ICIoD ~ap~~~~P ~~Cl~~ 3 ~ ~~ ~ rCf~"r~L-~~ ,~~d G ~ y , nit ~,c~ ~i ~9 ~-t !-~, 3 ~~-~,.~~, ~ . ~f C'~P~,w 3~ ~ i~ado~ Izd 2n~e { 1~A- << ~ tiv ~~~ ~ ,dam ~ ~r~~ F4 ~~ ~ ~~ ~~~ <<~ l ~~~ f~~ ~ Rio cS7~~.c,l ~nus~, : ~d~ ~ ~° To whom it may concern: I strongly oppose any zoning of greater density than AR (1.75 horse per acre) for lands adjacent to the Blue Ridge Parkway in Roanoke County. Signed; DATE NAME ADDRESS ~ /~ ~, C~- - I ..Q ~ ~ ~'' ~~ . / ~ I"7 ~ 17 (~1 e-D-ITT~1' . ~~ _~ ~'" l~ _ _ a~ n'S~~~ ,~ ~~ ~ ~ ~ ~ ~~ ~ 9~ ~~~~ ~~ `~~ ~~~ 0. ~~ ~ 1 r ~ 1~ y' I ~ ~ o-- 3y~~ ~;rcl ~iad~ e U~t.2yG1~ . ___ ~f ~ ~ t~G3 ~ ~~ ~~~ ~g~i~i~A~,~~~.~-3~~i~Ct ~~c,~o~s~k,~f~ ~3C)iCSI `- ~1, d Y ~~- 2 `~ .. ~~ 3 ~ .~/ e a ~ 1'~i ~ ~ ~ /~"~, ~~ r 4 ~ Stu ~~ ~ -~-b~t ~ ~ d I `~ l l ' ~ }jC~~ ~* . /G ~ ~ ~cc..~j .~..~1 ~' cu ~ t (~~ 5 y of ~'> To whom it may concern: I strongly oppose any zoning of greater density than AR (1.75 house per acre) for lands adjacent to the Blue Ridge Parkway in Roanoke County. Signed: DATTE NAME ADDRESS ~llJ/ 9' 3 ~~~-'G~~xm ~ X70 ~ GU~~~- ~~~ ~~--- 2 y ~ s-r ~~' ~ ~ ~ ~ 3 A V ~Z Q'rtt .~ /C i4 w1 yp 3 3 t ~ d ~ rL. Q ~ C ~- R A 9 it 93 f~ /.~rf~EcO y333 ~Ecr.'rc /Pn. '4'/ay o 2 S'4'~' ~1 3~ .~ av /~~ ~~d~~ - -~ - -~ w ~ ~rq3 5 D`°7 / l 1 ~ S 3 ~LS~-A-- C~o,r~.a.~.~ LI LI 11 ~YY-,~,,..~..~ s-s~ ~ R ~~ v c, ~1 ~toc ~l ~l i /- 3 ~J ~~ ~J~ ~ - << ~ 9'3 ~ ~ •S ~u, ' U~ ~~rs ~~~~ ~i`Y 5~..~ _ It 14 4 3 ./~~C? _~~.~t. 3 3 3 G C. r~.1 c.. Brnok Dr. ~k~. ~4. ~~c~l ~ To whom it may concern: I strongly oppose any zoning of greater density than AR (1.75 house per acre) for lands adjacent to the Blue Ridge Parkway in Roanoke County. Signed: DATE NAME ADDRESS /~~ r F/ Cti-~~~ ~_. ~.J D~G~ ~OC /~~ ~ "l7 S~ C~o ~/ c~ ~ ~ l to ~c~ 1 _ i I~ ~~ ~ ~-~~-~~ q ~, , ~~-~ - ~ 3 ~~ / / 1 ,~ .~ ~ _ , ol~ ~--- 5311 C~~- ~ Cl~ ~ ~. rte. ~ b ` ~~~~,~ -~~ -, ~~~~~ 1~ ~~~1~ ~. ~ . !1 ~ ~1~ 7///f'~~ ~'Y~ lea , ~t.r.~ ~-~ ~-( ~j3._7 ~ za-r2_~ -~ l~-~.~.k~ ~~ 1. /~.,~~,~~'~l ~3 ~(~ ~ ~f~?C~.lFt4~'117~~ /J~ ~Z.K3~l~ci ~~~ ~ C'.G~ 2 a Q ~~ ~. n~~ ~S To whom it may concern: I strongly oppose any zoning of greater density than AR (1.75 house per acre) for lands adjacent to the Blue Ridge Parkway in Roanoke County. Signed: DATE N / ADDRESS ~ ' ~~ h? ~aKE'~--~-- ~A c !~P ~ l~a~~l i ~P `--t~-93 ~J A ,,,, ~- ~t a. y ~~ ~ ~ ~ ~ c_ ~ ,~. o r ~ : (1 ~ ,., e S t ~ K e z y~ i3 ~. n .. `~' ll .~ ~ ~%~ -~ ~ ~ .~ d v S 'e Q ~ - - D . ~, `~ ~1 ~~Z 1 S 9' i q3 - ~.~5 ~ J I ~ ~D1, ~~ ~}'~ 5 ~~ ~. ~ < ~ ~~ - ~ ~ 3 ~ e~ni ` cc ~ ~~~~ v A '~ ~- N N 11809 C'NA-sE l~r/e ll~f 1P ~` ~,+~ ~s, ~~~~ c~c 7 v/ ~ To whom it may concern: I strongly oppose any zoning of greater density than AR (1.75 house per acre) for lands adjacent to the Blue Ridge Parkway in Roanoke County. Signed: DATE NAME ADDRESS ~/ .~ i~~ .~ >~~ ~s~ ~ N ~~~~ 1 ~~ °r ~~ - .~ ~. ~ ~ ~ s~ ~-v ~; ~3 c ~-~~ ~~~, ~1: o~ ~~o, ~~~ ~ ~ ~ ~ ~. ~ a~~ y 9~~ ~ ~ 3 ~~ b R s~ ~ ~ ,~~ ,~-m.~~ ~ ~1' ~~' V ~ I ~ 9-1/ - 9~ ~ ~~`~, ~ ~ /~ 9- ~- -'3 _ , 9-I/-y3 .. ~/" / J z..1..e :c~c~ ~ . A ~- - ~~. ~~ ~3 9Z ZYOZO z~e~ ~c.~'~ •-.~, ~,`v +_ i /~ To whom it may concern: I strongly oppose any zoning of greater density than AR (1.75 house per acre) for lands adjacent to the Blue Ridge Parkway in Roanoke County. Signed: DATE NAME ADDRESS ' ia~ ~ g ~ (~ ~ g ~7~~ ~~ 9 ~l '~ 9l-~ / 93 ~ ,~ ~,Y~; y ~~~~~ ~~o-~ ~~fD ~ C6cs s- _~U/~ 1. l~ L~~" ~ 1 '~~Q~< ? ~~~ ~o ~ ~~ To whom it may concern: I strongly oppose any zoning of greater density than AR (1.75 house per acre) for lands adjacent to the Blue Ridge Parkway in Roanoke County. Signed: DATE NAME ADDRESS ~nau~.. ~fl . Q U i v1 N .~ 2L .2 ~ ( ~ ~ ~w_ - ~-.. qa~~3 ~~1 ~l~ sz,~C~~.~~I ~~~c el~-U~az~,s ' Lu,.... ~ ~I.oy ~1~,~, k c~ sw ~.. ~~, 2y•t5 ~1-\~~53 ~~,~, 'Pv g`hc~ s l0'~`1 buy\\~y ~ ~C. •1Z~'~ ~~ ~ J~-lal ~ ~a Z~3 ~_ ~/ L~e~- ~ ~ 1or r~~ ~ r To whom it may concern: I strongly oppose any zoning of.greater density than AR (1.75 house per acre) for lands adjacent to the Blue Ridge Parkway in Roanoke County. Signed: DATE NAME ADDRESS 1 ~l U l ~ 3 ~ Yl_1~ ~ ~~rHZ~1 ~~/ Co~~ ~.~-- ~l~~t~~ L,-~^cr~c. ~I~e Z~o- ~ q- I~ - p3 / -~ ~; ~ . (~ ~f~ ~ ~n n _ 9 f~ ~3 ~~~~ ~~~ .~ ~.~ 2sz~ ccQ ~7~ r /~S \ ~sv ,~ o r~l 1~..~ Q G~ oa11 y~t ~ ~ v ~-~ no ~ n n ~ ~a- f., ~ < WIIIIIIIIIIillilllllllllllllllllllillllllllllllllilillllilllllllllllllllll Iilllllllllllllllillllilllllllllllllllllillllllll IIIIII,11J _ _ _ _ _ _ _ _ _ _ - ~o - AGENDA ITEM NO. I _ _ _ _ _ _ APPE CE REQUEST -_ _ - _ _ PUBLIC HEARING ORDINANCE CITIZENS COMMENTS "~ i ~i ~ SUBJECT: ~-~~ ~ ~ i t~~nJ ~ ~ It ~"eh' /-~i1.~y - ~j o~if~l ~_ =_ 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 ANI" ADDR FOR THE RECORD. I AGREE TO ABIDE BY THE GL ~:~.LII~ c~ LIS'~ ~ c BELOW: !~ a ~ ~ ^ Each speaker will be given between th ~~ to five minutes to comment whether speaking as an individual or red: ~esentative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to c 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. c ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP c SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. c c PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK _ _ _ NAME ~v - n~ ~ l ~ n~ ADDRESS_ ~ `~ ~~1 1~~2/,~~Z r~~~ C;r<°~~ 2y~~ c PHONE ~ ~ 9 ~ S 9 / Z- IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~ AGENDA ITEM NO. ,s~~ ~~ / ~ APPE CE REQUEST FOR `4-~u4 -PUBLIC HEARING -ORDINANCE -CITIZENS COMMENTS SUBJECT: I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED BELOW: ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. ^ Speaker will be limited to a ppresentation of their point of view only. Questions of clarification may be entertained by the Chairman. ^ All comments must 6e directed to the Board. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ SQeakers are requested to leave any written statements and/or comments with the clerk. ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK ~Y~/~-~zi,~ NAME ADDRESS PHONE niiiinnnininniinnini~niniiiiniinnniiinunniiniiiiiiuini AGENDA ITEM NO. ~a APPEARANCE REQUEST FOR -PUBLIC HEARING -ORDINANCE -CITIZENS COMMENTS SUBJECT: I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, I WH,L GIVE MY NAME AND ADDRESS FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED BELOW: ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. ^ Speaker will be limited to a ppresentation of their point of view only. Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ SQeakers are requested to leave any written statements and/or comments with the clerk. ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK NAME ADDRESS PHONE 111111111111111111111111111111111111111111111111111111111111111111111111111111 ~ ~ ,~ AGENDA ITEM NO. APPEARANCE REQUEST FOR PUBLIC HEARING ORDINANCE CITIZENS COMMENTS SUBJECT: I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, I WH.L GIVE MY NAME AND ADDRESS FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED BELOW: ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. ^ Speaker will be limited to a ppresentation of their point of view only. Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ Speakers are requested to leave any written statements and/or comments with the clerk. ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK NAME ADDRESS PHONE III111111111111111111111111111111111111111111111111111111111111111111111111111 ~'~'~--'7~ ~ 111111111111111111111111111111111111111111111111111111111111111111111111111111 AGENDA ITEM NO. ~. APPE CE REQUEST FOR ,uF~.~ PUBLIC HEARING ORDINANCE CITIZENS COMMENTS SUBJECT: I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED BELOW: ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. ^ Speaker will be limited to a ppresentation of their point of view only. Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ SQeakers are requested to leave any written statements and/or comments with the clerk. ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK NAME ~~ ~ ~ ,~ /~' ~. ~, ~ n/ ~~ -~ ADDRESS . ~ 3 ~ ~ ~ , ~ ~ ~' ~~v ~ r- PHONE ~ ~ ~ - ~ r ~ ~ 111111111111111111111111111111111111111111111111111111111111111111111111111111 111111111111111111111111111111111111111111111111111111111111111111111111111111 AGENDA ITEM NO. APPE CE REQUEST FOR ~~.~,,..se`°"¢ PUBLIC HEARING ORDINANCE CITIZENS COMMENTS SUBJECT: 11 I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED BELOW: ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representativE. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. ^ Speaker will be limited to a ppresentation of their point of view only. Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ Speakers are requested to leave any written statements and/or comments with the clerk. ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK NAME ADDRESS PHONE innnnnn~iniuinnui~~niu~~nniniiinnnninnniniinn~ninil ct~i - g~ ~ ~iiinuiiiiiiiiiiiiiiiiiiiiiiiiiiiiiuiuiiiiiiiiiii~iiiiiiiuiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiuiiiiiiiiiiiiiiiiiiiiii~~~~ _ _ _ _ _ _ _ _ _ _ _ _ _ __ - _ AGENDA ITEM NO. = /~ - - - - - - _ _ _ _ _ _ _ - APPE CE REQUEST - - PUBLIC HEARING ORDINANCE CITIZENS COMMENTS c - - - .~. ~ = _, - SUBJECT: ~, - - - - - -_ - - - I would like the Chairman of the Board of Supervisors to recognize me during the c meeting on the above matter so ~tiat I may comment. - - WHEN CALLED TO THE LEC" SRN, I WILL GIVE MY NAME AND ADDRESS c FOR THE RECORD. I AGR:_ ' TO ABIL BY THE GUIDELINES LISTED c - = BELOW: - - - - n- - ,~ - -_ ^ Each s Baker will be p given between three to five utes to , xnment - = whether speaking as an individual or representative. .'he Chai ~n will decide the *ime limit based on the number o~' citizens #akin o~ a issue, and will a orce the rule unless instructed b ; the ma ty ofgthe: Board to = do otherwf~. ~ -_ ^ Speaker will be limited to a presentation of their int of view only. Questions c •larification may be entertained by the ~~ ; :airman. c ^ All comments must be directed to the Board. Debate g cween a recognized = speaker and audience members is not allowed. _ ^ Both speakers and the audience will exercise courtesy at all times. _ ^ Speakers are requested to leave any written statements and/or comments c = vnth the clerk. - ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP c = SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. -. - - - PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK - - - - - - - - - - - - - - - - - - - - - _. - -_ - - = NAME ~ ~ - ... - - - - - - - - = ADDRESS 'M - - CJ = - - - - - = PHONE ~ - - - fiiiiiiiitiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiitiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii~ll'i'i '~illllllllllllllllllllllllllllllllllllllllllllilllllilllllllllllllillllllllllll AGENDA ITEM NO. ~~~ ~*, APPEARANCE REQUEST FOR ~~~,$„ PUBLIC HEARING ORDINANCE '" CITIZENS COMMENTS suBJECT~' ~' --~~-~. ~ - I ~ (,~~~ ~~ f L~ ~, I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, I WII.L GIVE MY NAME AND ADDRESS FOR Z~IE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED BELOW: ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. ^ Speaker will be limited to a ppresentation of their point of view only. Questions of clarification may be entertained by the Chairman. ^ All comments must 6e directed to the Board. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ SQeakers are requested to leave any written statements and/or comments with the clerk. ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK NAME ~ > ~:_1 ~ ~ ,~ <~ ~ ~ l ADDRESS ~ ~ l.~ =>~ J~ <<l - -.~ v- r~ . ~ ~~'_, "~~~ ~.. PHONE ~' c ~~ - ~ . ~ ~ ~~ 111111111111111111111111111111111111111111111111111111111111111111111111111111. IUII~II~IIIIIIIIIIIIIIIIII~~~~IIIIIIIIIIIIIIIIII~I~IIIIIIIIII~IIIIIIIIIIIIII~II~II~I~~IIIIIIIIIIIII~IIIIIIIII~I~I~~~~~II~IIIIIIIIIll1 _ _ _ _ _ _ _ _ _ _ _ _ AGENDA ITEM NO. - ,~ - - - - - _ _ _ _ _ _ - APPE CE REQUEST - _ _ _ _ - ~ - - ~ PUBLIC HEARING ORDINANCE CITIZENS COMMENTS - - - - - - _, - - SUBJECT: J%~~~- ~~ ~~cz, ~~~-,~ - __ =_ I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. = WHEN CALLED TO THE LECTERN, I WILL GIVE MY NAME AND ADDRESS = FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED c BELOW: - _= = ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will = decide the time limit based on the number of citizens speakin on an issue, = and will enforce the rule unless instructed by the majority ofgthe Board to do otherwise. = -_ ^ Speaker will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. - ^ - All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. - ^ Both speakers and the audience will exercise courtesy at all times. - ^ Speakers are requested to leave any written statements and/or comments vnth the clerk. _ - ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP c SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. - - - - = PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK - - - - - - - - - - - - - _ - - - - - - - - - - - - - - - = NAME ~e o ~ ~' ~ r~~`'~~ - - - - [ "' "' ADDRESS ~ ~/~ ~ - - r - ~. - - - - - - - PHONE ~.5 . ~ -_ j ~ ~ ~' . - - - - I11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111~~~'"~"~'"~'~IIIIIIIIiIII~ 111111111111111111111111111111111111111111111111111111111111111111111111111111 AGENDA ITEM NO. ,°.~.. ~~~~~~ APPE CE REQUEST FOR .~.,.~ ` PUBLIC HEARING ORDINANCE CITIZENS COMMENTS SUBJECT: I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, I WILL GIVE MY NAME AND ADDRESS FOR TIIE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED BELOW: ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. ^ Speaker will be limited to a ppresentation of their point of view only. Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ SQeakers are requested to leave any written statements and/or comments with the clerk. ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK NAME ~ ~ ~L~2~ j p .~ ADDRESS ,_ S~~ ~,~~ ~ ~R,~r+. c ~,u~.~ PHONE 9~ y_~r~{~ 111111111111111111111111111111111111111111111111111111111111111111111111111111 ~IIIIIIIIiillilllllllllllllllllllillllllllillllilllllllllllll` clll~ `x:111111111111 IIIIIIIIIIIIIIIIIIIIIIillllllll),ll _ _ _ _ _ _ _ _ - AGEt~tDA ITEM " 'O. c - _ - ~' - APPE _ _ _ - CE REQUEST - _ _ '° .~'~~ PUBLIC HEARING' iORDINANCE CITIZENS COMMENTS c ~,_ -~ _ -° r'"~~~ - _ = SUBJECT: ~ c - ~.. _ - I would like the Chairman of the Board of Supervisors to recognize me during the __ meeting on the above matter so that I may comment. WHEN C~?LLED TO THE LECTERN, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED - _ BELOW: __ ^ Each speaker will be given between three to five minutes to ~::omment 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 ofgthe Board to __ do otherwise. _ __ - ^ Speaker will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the Board. Debate between arecognized 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 = with the clerk ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP c SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP c ALLOWING THE ~'UDIVIDUAL TO REPRESENT THEM. - _ PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK - _ - _ - _ - _ - - - _ - - - - _. _ - - _ NAME - -_ -_ - - ~..^ - ADDRESS ~ - _ - - Sri, ~ lac _ - _ _ _ _ _ _ _ _ ~HO~vE Illilllllllllllillilllllllllllllllllllllllilllllllllllillllllllllllllilllillllllilllllillllllllilllllllllllllllillllllllllllllllnl ~iiiuuiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiuuiiiiiuiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii~~~~ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ AGENDA ITEM NO. _ - ~~ - - - _ - _ _ _ _ - APPE CE REQUEST - _ _ _ __ PUBLIC HEARING ORDINANCE CITIZENS COMMENTS - - _ _ - - - - - SUBJECT: ~ ~r`GCHG~ rry ~ ~u N r c ?' 0 ~ z, u~ - - - I would like the Chairman of the Board of Su erviso - p rs to recognize me during the - meeting on the above matter so that I may comment. __ WHEN CALLED TO THE LECTERN I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED - - = BELOW: - _ - ^ _ Each speaker will be given between three to five minutes to comment c whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to = do otherwise. - ^ Speaker will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. -_ ^ All comments must be directed to the Board. Debate between a reco nized __ speaker and audience members is not allowed. g _ _ - ^ Both speakers and the audience will exercise courtesy at all times. c ^ Speakers are requested to leave any written statements and/or comments __ with the clerk. _ ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. = _ - PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK - - - _ - _ - - - - - - - - _ - - - - - - -_ _ ~ --~ . - = NAME o ~ wT-~ _ - _ - __ - - - ADDRESS ~~ ?~ ~~ ~ ~ ~©, ~ - - - - - PHONE _~ 8~ - ~ Z~ _ ~iiiuiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiuiiiiiiiiiiiiiiiiiiiiiiuiiiiiiiiuiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiuiii~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ AGENDA ITEM NO. - - - - -_ - - _ _ _ _ APPE a _ _ - CE REQUEST `~ _ _ a - VPUBLIC HEARING ORDINANCE CITIZENS COIVIlVIENTS - - - - - - - - SUBJECT: ~c2oti> rv`~ ~~ ~} ~ =/ LA-N~ ~ ,~' -,2 - _ - - = I would like the Chairman of the Board of Supervisors to recognize me during the c meeting on the above matter so that I may comment. c - _ WHEN CALLED TO THE LECTERN, I WILL GIVE MY NAME AND ADDRESS c FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED - - = BELOW: - - - ^ Each speaker will be given between three to five minutes to comment c whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speakin on an issue, c and will enforce the rule unless instructed by the majority ofgthe Board to c do otherwise. - _ -_ ^ Speaker will be limited to a presentation of their point of view only. c Questions of clarification may be entertained by the Chairman. - ^ All comments must be directed to the Board. Debate between a recognized i speaker and audience members is not allowed. _ c ^ Both speakers and the audience will exercise courtesy at all times. - ^ Speakers are requested to leave any written statements and/or comments c = vnth the clerk. - ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP c SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. - _ - - - PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK - - - - - - - - - - - - - - _ - - - - - - - - - - - - - - - _ -_ - -~ - ~e.~l ~ r - - NAME A C:~T - ~ ~ ~•nv' • ~ UrC. - - ~G2. - - - - - - - - - - - - - ADDRESS ~S~~~ `~ L ~n~, /~yy~J,`tl-i~1 ~~ - ~~,rT~r~' ~~ - - - ~ - - - - - _ _ - PHONE `~'~ f -~~ 3 - m~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~1~~m ~iiiiuiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiuiuiiiiiiiiiiiiiiiiuiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii~~~~ _ _ _ _ _ _ __ _ _ ~~ _ AGENDA ITEM NO. _ _ __ APPE CE REQUEST =_ c PUBLIC HEARING ORDINANCE ;~ CITIZENS CONIMENTS -_ Ic -_ c SUBJECT: L ~ ~ ~ ~-~, 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 Ai~vD ADDRESS FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDEL_ 1NES LISTED BELOW: _ ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will = decide the time limit based on the number of citizens speakin on an issue, and will enforce the rule unless instructed by the majority ofgthe Board to do otherwise. _ _ ^ Speal" ~ will be limited to a presentation of their point of view only. _ QuestYOns of clarification may be entertained by the Chairman. ^ All comments must be directed to the Board. Debate between a recognized = speaker and audience members is not allowed. _ ^ Both speakers and the audience will exercise courtesy at all times. __ c ^ Speakers are requested to leave any written statements a ~/or comments vnth the clerk. _ __ _ ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP c c SHALL FILE WITH THE CLERK A UTHORIZATION FROM THE GROUP c ALLOWING THE INDIVIDUAL TO REPRESENT THEM. c __ PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK _ _ _ _ _ _ _ - _ __ - _ NAME ~-- S`~"~,~~ S S _ - ^~, _ ADDRESS ~~~~~' -r ` `' ~ ~ ~ ~-- ~`' PHONE ~~ ~ ~ ~ v ~ ~ .~~ t 111111111111111111111111111111111111111111111111111111111111111111111111111111 AGENDA ITEM NO. jc=~ ,..,__ APPEARANCE REQUEST FOR a-~~ 'PUBLIC HEARING ORDINANCE CITIZENS COMMENTS SUBJECT: ,~~ ~~~~t ~~ ~'S -- ~'/I,ex ~~°~Y ~~~~ I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, I WII,L GIVE MY NAME AND ADDRESS FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED BELOW: ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. ^ Speaker will 6e limited to a ppresentation of their point of view only. Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ SQeakers are requested to leave any written statements and/or comments with the clerk. ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK NAME C'r ~ ~ ~ ~°~ ~ r`~r~ ~~' ADDRESS ~~~~ ~3 r°~~ ~~~ac~,~' ' ~>.~~'~,~f~ ~/,Q :~,%~~~ PHONE `~~ ~- ~> .~<~ ;~ II1111111111111111111111111111111111111111111111111111111111111111111111111111 ~iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiuiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiuiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiuiiiiiiiii~~~ _ _ _ _ _ _ AGENDA ITEM NO. c = = APPE CE RE UE '~~ __ Q ST __ PUBLIC HEARING ORDINANCE CITIZENS COMMENTS - - - - SUBJECT: ~ RrY D , ~ ~.;~Gt'/~/i~ G -_ I would like the Chairman of the Board of Supervisors to reco nize me Burin the - g g meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, I WILL GIVE MY NAME AND ADDRESS c FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED BELOW: - - - - ^ Each speaker will be given between three to five minutes to comment - whether speaking as an individual or representative. The Chairman will c decide the time limit based on the number of citizens speakin on an issue, and will enforce the rule unless instructed by the majority ol~the Board to __ do otherwise. _ ^ Speaker will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. c ^ All comments must be directed to the Board. Debate between arecognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. -_ ^ Speakers are requested to leave any written statements and/or comments _ vnth the clerk. _ ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. _ - - - PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK - - - _ - - - - - - - - - - - - - - _ m~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ll~~~i11~~~~~~~~~~~~1~~ ~iiiiuiiiiiiiiiiiiiiiiiiiiiiiiiuiiiiiuiuiiiuiiiiiiiiiiiiiiiiiiiiiiiiiiuiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii~~~~ _ _ _ _ AGENDA ITEM NO. c - - - - - - - - _ _ - APPE CE REQUEST ~'~ _ _ -_ - UBLIC HEARING ORDINANCE CITIZENS COMI~~NTS - - - - - - - - __ SUBJECT: A e =_ I would like the Chairman of the Board of Su ervisors to reco nize me durin the = - P g g - meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED __ BELOW: __ = ^ Each speaker will be given between three to five minutes to comment = whether speaking as an individual or representative. The Chairman will c c decide the time limit based on the number of citizens speakin on an issue, = and will enforce the rule unless instructed by the majority of~the Board to = do otherwise. . __ ^ Speaker will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the Board. Debate between arecognized - speaker and audience members is not allowed. c __ _ ^ Both speakers and the audience will exercise courtesy at all times. _ _ ^ Speakers are requested to leave any written statements and/or comments c with the clerk. - ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH THE CLERK A UTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. - - _ - PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK - - - - - - - - - _ - c - - - - - - - - - - - - - _ - - NAME - - - - _ -_ = ADDRESS C . h ~ , I ~ ~ . _ - - __ - - - PHONE ~7 `1 ~ - ~ 3~G - m~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~m I11111111111111111111111111111111111111111111111111111111111111111111111111111 AGENDA ITEM NO. ~ ~ I APPEARANCE REQUEST FOR ~~^?,~ jLPUBLIC HEARING ORDINANCE -CITIZENS COMMENTS SUBJECT: ~~ 1 v I l V I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, I WII.L GIVE MY NAME AND ADDRESS FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED BELOW: ^ Each speaker will be given between three to five minutes to comment whether speaking .as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. ^ Speaker will be limited to a ppresentation of their point of view only. Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ SQeakers are requested to leave any written statements and/or comments with the clerk. ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK Nam s ~ Str ADDRESS ~. 7 )~ PHONE e~ 11111111111111111111111111111111111111111111111111111111111111111111111111111 _ _ ~. _ , ,~r ~ - - - - - - ~ - - - _ ~ ~ s ~ / ~ 1 ~ x ./ _ _ _ _._ __ Y-Vy i-~. it ~ i - _ - i _--~--T - _ - _ - - - /' ~ ~ ~ - ~ ~ i ~ ,~ - - ~ ~ ~~ ~,. ~ ~ _.~~ JA ~ ~~: ~ , ,. ~ ~I ~ -- i. ~--~ - /, - . c. ~' ,/ ~ ~, .~..,.- ~ j ~ -;~~;,,;-,, ~,.,~~ ~ ~~~ _-, ~,.---------- --- ~ ~-------©" ~~~ ,~~ i~~l, ~ ~ ,' -- .~'~ ,~ ~ ~~ - --- ~-- ~~ ~ ~~ ~ ' j \' _ .. 36 ~ _ _ 't ' 11111111111111111111111111111111111111111111111111111111111111111111111111111 AGENDA ITEM NO. APPE CE REQUEST FOR ~~~~ PUBLIC HEARING ORDINANCE CITIZENS COMMENTS SUBJECT: '~I I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, I WII.L GIVE MY NAME AND ADDRESS FOR TIC RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED BELOW: ^ Each speaker will be given between three to five minutes to comment whether speaking .as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. ^ Speaker will be limited to a ppresentation of their point of view only. Questions of clarification may be entertained 6y the Chairman. ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ SQeakers are requested to leave any written statements and/or comments with the clerk. ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK NAME ADDRESS PHONE illllllilillliilllllllllllllllllllllllllllllllllllllllllllillllllllllllllllll 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111~ _ _ _ _ _ _ _ _ _ _ - - - ~ - - - AGENDA ITEM NO. _ _ _ _ _ = APPE CE REQUEST _ _ ~:` PUBLIC HEARING ORDINANCE CITIZENS COMMENTS _ _ c SUBJECT: ~~ T ~ ,~ ~~ G~- /=,=zy.~-i'i ~~G- _ _ I would like the Chairman of the Board of Supervisors to recognize me Burin the g meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED c BELOW: '- ^ Each speaker will be given between three to five minutes to comment c whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speakin on an issue, - and will enforce the rule unless instructed by the majority of~the Board to = do otherwise. _ __ _!_ ^ Speaker will be limited to a presentation of their point of view only. __ Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the Board. Debate between a recognized __ speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. =_ ^ Speakers are requested to leave any written statements and or comme with the clerk. / nts ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP c SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. __ c __ c PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK c _ ~ NAME ~l ~t ~ r' ~-~ G U C /~ e.,l ADDRESS ~ ZZ~ C c~ l 'I c~ ^l ~ c C (__ (~~ _ __ = PHONE ~ ~ ~( - c1 c~ ~ 3 ~_ Illlllllllllilliillllllllillllillllillllllllllllilllllililllllllllillllllillilllilllillliillllllllllllilllllllllllllllllilllllllm ~~ W ~~ ~'~J ~~ • ~V N .~ ~v ~_J W '~V 0 • -V • ~ 0~ O ti o~ o~ '.~ V .,~ O O v o~ W O 4~ V 0~0 e: OG as R.. .. C ~_ ,~. ~ Q U V .E~oc 5~y~`y°3E oEeou~~e~>•~•~' c id~~o~5.v C~''°`~ Q ~ ~- > r e Q Z5 . u °r.~~~~Ng~~E a~,°~;°'oEa~noVo•~u y ~ u ~~~5b y u o g 5 ~, c~a_~F-~n~sc u• EE •2 c5 y > ~ 8~•e~~~ aZi ... °" yip >+•C s ~ ~'d''° ~~ ~3•- q $"E •5 •5°~5.°_ E y.S ~ .? ~ ~~ vi ~ dD~c ~ E ~ o ~„_ p•3 ~ °S o c~g o.y.c ~ U "[n° .. E ~ ~. ~rihb -- ° 5 v~~.. ~ u > e>E ~°cEe`d•aei ~i r.1 'r G 'wtivl U p ~'( [+. U. ~s~~~~~~y~~ ~~ E- ~ s E ww K ~ >'e v as S E ~ u y ~ •+ -- ~5 `~~ 'S9~eeo59•~30 U C >~v ~ ° e~ o ~ ~•~ ~~~~.~ ~~3 0,~~~ ~ h >~ !C ....~ .0 U 7 •.. 'S,5 E 3 E ao •a e 3 E~ ° :. O ~ a. ~~ o ~ ~~ •~ .s~ •~ ~ ~''~ '~ ,o ~osg ~~~~ u e R~ E ~i iS aC N ~ 8 ~ C v. O ~ ry' rJ' ~ ~' 'J ~ a N F.~ .7 .s~~ ~b~s s ~ ~ > ~f~ Sr ~ ~ ~ a 3 e 3 ~y pp vVv~ g ~ ~~ ~ ~~~~ ~~ o ~ ~~~•~'~ EDITORIALS The parkway: in need of a friend ONE OF the Roanoke Valley's most important assets is the Blue Ridge Park- way. Its beauty, its impact on the quality of life and its value in promoting tour- ism and economic development combine to render it a key element in any vision of the valley's future. Indeed, for a region characterized by its natural beauty, the parkway is both a gateway and a defining feature. This is why the controversy over building subdivisions on what is now farmland adjacent to the parkway in Roanoke County is more than a local squabble. It is an issue of consequence to the entire valley, to Western Virginia and to all those who travel on the park- way each year. Yet it is an issue that will be decided on a mostly local basis, in the context of what development already has occurred in Southwest Roanoke County, what development is possible given the avail- ability of public services and what development the property owners want on what is, after all, their land. There is a danger the larger context will be lost. Parts of the parkway, according to the Roanoke County administrator's ad hoc Vista Committee, are critical to lending the drive along the road its sweeping beauty. Among these is a pas- ture that breaks a claustrophobic wall of trees on both sides of the road with a lovely knoll rising on the north side of the parkway and spreading into a semi- circular bowl along the south. These two tracts are a small part of the Beasley property that Boone, Boone & Loeb proposes to subdivide and develop. The entire development plan has been controversial, with neighboring residents protesting that it would com- promise the rural flavor they sought when they moved into the county. But the fate of these two pieces of land car- ries alarger significance. They sit right on the parkway, offer- ing aview that is both handsome and impossible to screen from the road. They also comprise one of 11 '`critical views" in Roanoke County identified by the Vista Committee as particularly impor- tant to the viewshed from the parkway. On this committee sit developers as well as preservationists. In identifying these vistas, surely the group has implied a need to preserve at least some lacking in funds. Practically, the county has been try- ing to restrict density and set building standards to mitigate the impact of what is viewed as almost inevitable develop- ment. For, even without a zoning change, limited residential development is permitted on the agricultural land. In any event, if there is a time to go slow and a place to err on the side of preservation, this is it. Lawyers and officials cite public services that are rapidly becoming avail- able to Southwest County, ticking off development that already has occurred. They note that state laws are heavily weighted toward landowners' rights to develop their property. All of which is relevant in the county generally. But no one should lose sight of the central issue in this case: the parkway's uniqueness. This is not a simple matter of economic development versus preser- vation. The parkway itself is a major economic-development asset, as impor- tant to the future growth of the county's tax base as any new subdivision. Travelers must expect, when the parkway runs through an urban area such as the Roanoke Valley, that the vis- tas won't always be pristine. But the parkway is not only a national treasure. It is also part of an attribute that sets the county and region above many others: the striking presence of natural beauty amid urban development. County officials have recognized the value of this asset in supporting Explore Park as a centerpiece of their economic development plan, and Explore is tied closely to the parkway. Understand: This is just one skir- mish in what promises to be a series of development battles. Whatever the out- come, there is a significant lesson to be learned. The National Park Service, which oversees the parkway, has no preservation plan to protect its view- scape. The county has no plan for green- ways to protect its natural beauty. Other localities in the Roanoke Valley and sur- rounding areas have no means of influ- encing actions that affect all of the parkway, though they are being played out in the county alone. In other words, the county, the region, the state and the nation have found themselves with an embarrass- :~ z :~ :~ 2 N w 'J Q C Ct7 y 'J~ O .. "' `J N . 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C 011 1 s roCOf'd X11 Via. ~`°_~ ~ -+: Tourism iol~fr~ipia reached a ~~d~~~on in 1992, up S.3 f+cortt m. the previous X~, ~~Ite`'bcials a~ud. . n;c~f,vuitors to tourist attractioxa inC~d than 0 mitlfoe, ~~~pA Young, director of: the. s Department o1' E~nemic vefa~eat. r~r-~.~~ . ~ , ,.,, ~ ! fn er rose ~i i:,,..~,~.~ __u W AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 14, 1993 RESOLUTION 91493-12 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Eddy to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisors Johnson, Nickens A COPY TESTE: .~ • U Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Executive Session