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HomeMy WebLinkAbout9/24/1996 - Regular~ AN ~. +russn~a~r~ C~mt~#g ~~ ~u~xar~e Working document - su,~~ect to revision ROANOKE COUNTY BOARD OF SUPERVISORS ACTION AGENDA SEPTEMBER 24,1996 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. /ndividuals with disabilities who require assistance or special arrangement in order to participate in or attend Board of Supervisors meetings or other programs and activities sponsored by Roanoke County, p/ease contact the Clerk to the Board at (5401 772-2005. We request that you provide at /east 48-hours notice so that proper arrangements maybe made. A. OPENING CEREMONIES (3:00 P.M.) 1. Roll Call. ALL PRESENT AT 3.00 P.M. . 2. Invocation: John M. Chambliss Assistant County Administrator 3. Pledge of Allegiance to the United States Flag. B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS 1 HCN ADDED EXECUTIVE SESSION (7) POTENTIAL LITIGATION/SETTLEMENT CONCERNING DIXIE CAVERNS LANDFILL C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Recognition of Finance Department staff for Excellence in Financial Reporting from Government Finance Officers Association for the 1995 Roanoke County Comprehensive Annual Financial Report. PRESENTED TO DIRECTOR HYATT AND MEMBERS OF STAFF RECOGNIZED D. BRIEFINGS E. NEW BUSINESS 1. Request for resolution of support to amend the Youth Haven II license to allow a 28-day residential case evaluation and treatment component. (Bev Waldo, Youth Haven II Director) R-092496-1 FM MOTION TO ADOPT RESO URC F. REQUESTS FOR WORK SESSIONS 1. Request for Work Session on October 8, 1996 to review updated master plan for Virginia's Explore Park. (Joyce Waugh, Economic Development Specialist) CONSENSUS TO SET WORK SESSION FOR 10/8/96 HCN ASKED THAT NAME "ROANOKE RIVER PARKWAY" BE USED INSTEAD OF "PARKWAY SPUR" FOLLOWING ITEM N -CITIZENS COMMENTS ~ CONSENSUS OF BOARD TO SET TOUR OF ROANOKE RIVER PARKWAY FOR 10/8/95 AT 5 P.M.) 2 G. REQUESTS FOR PUBLIC HEARINGS H. REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES -CONSENT AGENDA FM MOTION TO APPROVE 1ST READING AND SET 2ND READIN 4 PUBLIC HEARINGS FOR 10/22/96 - URC 1. Ordinance to rezone 5.131 acres from C-1 to C-2 to construct an efficiency inn, located at 3990 and 4004 Challenger Avenue, Hollins Magisterial District, upon the petition of Robert Metz. 2. Ordinance to rezone 2.15 acres from C-2C to C-2C to amend conditions located at the corner of Plantation Road and Friendship Lane, Hollins Magisterial District, upon the petition of Jay Patel. 3. Ordinance to rezone 16.58 acres from AG-1 and AG-3 to PRD, planned residential development, to construct residential homes, located at 2047 Wildwood Road, Catawba Magisterial District, upon the petition of Gary Huffman (Bear Creek). FFH ASKED ECH TO SET UP MEETING WITH STAFF AND CITIZEN TO TOUR SITE. HCN REQUESTED THAT CONCERNS ABOUT ROAD BE FORWARDED TO PLANNING COMMISSION. 4. Ordinance to rezone approximately 0.92 acre from C-1 to C-2 and obtain a Special Use Permit in order to construct a gasoline retail facility with retail sales, located on the west side of Route 221, approximately 250 feet south of Pleasant Hill, Windsor Hills Magisterial District, upon the petition of Wayne and Jennifer Ayers and William & Lorraine Lange. I. FIRST READING OF ORDINANCES J. SECOND READING OF ORDINANCES 3 K. APPOINTMENTS 1. Grievance Panel LBE NOMINATED RAYMOND C. DENNY, ALTERNATE, TO SERVE ANOTHER TWO YEAR TERM. L. CONSENT AGENDA R-092496-2 BL.T MOTION TO APPROVE CONSENT AGENDA WITHOUT ITEM 6 URC ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. 1. Approval of minutes -August 13, 1996, August 24, 25, 1996, August 27, 1996. A-092496- 2.a 2. Confirmation of appointments to the Metropolitan Transportation District Study Committee and the Fifth Planning District Commission Legislative Committee. A-092496- 2.b LBE ASKED THAT HCN AND ECH TAKE TO COMMITTEE MEETING SUGGESTION THAT 7TH MEMBER IF NEEDED BE CHAIR OF MPO 3. Request to retain a Police Department vehicle to be restored by vocation education students and used for special projects. A-092496- 2. c 4 4. Appropriation of $6,020 grant funds from the Allstate Foundation to the Fire and Rescue Department. A-092496- 2.d 5. Request from School Board for appropriation of $1,000 grant from the Education Foundation for William Byrd High School Saturday School. A-092496- 2.e 6. Resolution of support for STEP 21 federal legislation (ISTEA Reauthorization). R-092496- 2.f LBE MOTION TO APPROVE REVISED RESOLUTION ~_R_~ 7. Resolution of support for Governor George Allen's Fall River Renaissance campaign. R-092496- 2.g M. REPORTS AND INQUIRIES OF BOARD MEMBERS S neighbors duri S upervisor Minnix: Expressed ng recent flooding= upervisor Harrison: (~ Has rec appreciation to volun eived complaints about teer tras s who helped h and winds, and asked tha t citizens unde rstand the proc edures, and be specific wh en calling for pickups. (2~ quested statu s of Moose Bing o operations (~ Expre ssed appreciation for United Wa S value engineeri y Breakfast a upervisor Nic ng policy. Sug t public service kens: (1) Asked gested work ses center. whether School Board to sion to deal with design bu ok action on ild and value engineering as S Dir, on electr it relates to S upervisor Edd onic village. ( chool Board. y: (1) Gave detai 2) Asked for st ls from report of Craig atus of flow control le Ha gisl tmaker, MIS ation. PMM responded that passage of leg islation is doubtf ul. (3) Asked if repres enta tive had been appointed to F ifth PDC Rur al Bikeway Com mittee. ECH advised that Ruth Lipnik from Library was appointe d. (4) Asked whether items for futu re a gendas/work sessions have b een submitted as requested foll owing Board Retreat. BL.T advised that two supervisor s responded; r etreat with Schoo l Board set for Oct 27; and other issues, such as Park s & recreatio n Master Plan, will be on subsequ ent agendas. ( 5,~ Requested stat us of Federal telecommunica tion act. PMM will a dd t , o County and 5 VA. _ _C'O legislative prVgrams ~Q Requested status of Salem Church of God special use permit which was tabled BLT advised that reQuest will be sent to Planning C'nmmissinn after work session on "501c" set for 10/8/96 (7~Advised public hearing 9/26/96 in Richmond on concept of future of personal property tax and asked that staff attend. ECH will send staff. ~perv~or Tohnson: Advised that the evening session has a full agenda and asked for patience, study and deliberation while dealing with issues of private property. N. CITIZENS' CONIlVIENTS AND COMMUNICATIONS ~ M~ L.~isha S Coop 5434 Oakland Boulevard, advised that stop ~gns are being obscured by trees and care parked close to intersection of Verndale and Capito ECH will contact VDOT~ and Chief Cease ~. Mark Sha x, 5627 Oakland Bo ulevard asked tha t zoning ordinance be revised to reduce number o f children in home d ay care from ma ximum of 13 to 5. Tay Harrington advised th at Planning Commis sion is aware of this and looking at the issue BLT asked that staff kelp Mr Shay informed. O. REPORT BLT MOTION TO RECEIVE AND FILE REPORTS LTV<~ 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Proclamations signed by the Chairman P. WORK SESSION 1. Open Burning Ordinance CONSENSUS OF BOARD THAT WORK SESSION NOT BE HELD BOARD ASKED THAT OMMUNICATIONS PROGRAM BE DESIGNED TO KEEP CITIZENS FULLY INFORMED 2. Revisions to the Public Private Partnership Policy BEGAN AT 4:30 P.M. LBE AS FD TO DEVELOP POINT SYSTEM FOR EVALUATION. LBE REOTTFSTED INFO ABOUT WHAT OTHER LOCALITIES ARE DOING (''()N4FN4i1S OF BOARD TO BRIN BACK FOR ADOPTION WITHIN NEXT TWO MEETINGS. CONSENSUS OF BOARD TO SET TOINT MEETING WITH SALEM CITY GOiTN IL FOR 10/22/96 AT NOON AT WATER TREATMENT PLANT Q. EXECUTIVE SESSION pursuant to the Code of Virginia Section 2.1- 344 A (7) to discuss the condemnation of real estate for public utility purposes -water transmission line; 2.1-344 A (7) potential litigation, discussion of Item U-1; (7) potential litigation/settlement concerning Dixie Caverns Landfill. AT 4.06 PM, BLT MOTION TO O INTO EXECUTIVE SESSION FOLLOWING WORK SESSION S II$~ R. CERTIFICATION OF EXECUTIVE SESSION R-092496-3 FM MOTION TO RETURN TO OPEN SESSION AT 7 PM AND ADOPT C'F,RTIFICATION RESO - LTRC (HCN ARRIVED AT 7.15 PM AND CERTIFIED THE RESOI EVENING SESSION S. PUBLIC HEARINGS 1. Public Hearing and adoption of a resolution authorizing Articles of Amendment to the Roanoke Valley Resource Authority Articles of Incorporation and an amendment to the Roanoke Valley Resource Authority Members Use Agreement to authorize the Authority to engage in or provide for commercial and/or residential garbage and refuse collection activities or services. (Elmer C. Hodge, County Administrator) R-092496-4 BLT MOTION TO ADOPT RESO 2. Public Hearing and adoption of resolution authorizing the issuance of $1,300,000 General Obligation School Bonds through the Virginia Public School Authority. (Diane Hyatt, Finance Director) R-092496-5 ~'FH MOTION TO ADOPT RESO IZ~ FFH ASKED FOR STATUS OF CONSTRUCTION DDH WILL REPORT BACK. T. SECOND READING OF ORDINANCES 1. Ordinance amending the Roanoke County Code by adding Article H, Regulations of Opening Burning, Section 9-5, Title, Section 9- 6, Purpose, Section 9-7, Definitions, Section 9-8, Prohibitions on opening burning, Section 9-9, Exemptions, Section 9-10, Permissible open burning, Section 9-11, Permit, and Section 9-12, Penalties for violations; amending Section 9-18, Enforcement of Article III, Virginia Statewide Fire Prevention Code, and repealing Section 9-3, Burning of woods, brush, leaves, etc., and Section 9-4, Burning of waste material near residence, garage, etc. of Article I In General, of Chapter 9, Fire Prevention and Protection. (Richard Burch, Chief of Fire and Rescue) 0-092496-6 FFH MOTION TO ADOPT ORD ~Q ~QLTESTED THAT CHIEF BURCH ATTEND MEETING OF MASON COVE CITIZENS TO EXPLAIN. U. PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. Ordinance vacating a portion of the subdivision plat for Hunting Hills Section 3, of record in Plat Book 6, page 63, to remove the 8 "well lot" restriction placed on tax map no. 88.13-3-28. (Paul Mahoney, County Attorney) (CONTINUED FROM JULY 23, 199 PMM ASKED THAT THIS ITEM BE WITHDRAWN FROM THE AGENDA SINCE AGRFFMENT HAD BEEN REACHED TWO CITIZENS SPOKE 2. Ordinance to rezone 1.11 acres from AR to I-1 to expand an existing customer manufacturing facility, located at 2056 Loch Haven Drive, Catawba Magisterial District, upon the petition of Daniel Peters. (Terry Harrington, Planning and Zoning Director) 0-092496-7 FFH MOTION TO ADOPT ORD ~~ V. NEW BUSINESS 1. Request for authorization to execute an agreement with the Industrial Development Authority to manage a grant program for the Williamson Road Corridor Project. (Terry Harrington, Planning & Zoning Director) R-092496-8 Bh T MOTION TO ADOPT RESO W. CITIZEN COMI~~NTS AND COMMUNICATIONS 1. Mike Murray showed a video on sink hole on Shadwell Drive, and advised that he felt retention pond was inadeQuately engineered which caused lost of well and property damage He asked for assistance to determine responsibility and correct situation. Arnold Covey responded. 2 Carr L. Kinder .Tr., attorney for Mr. Murray, commented that the pond is the source of problem and has received report from Mr Murray's engineer that method used was not preferred method. BOARD DIRECTED STAFF TO ARRANGE MEETING WITH ALL PARTIES CONCERNED 9 ~. David Burnley, 6622 Trevilian Road advised that water source for six families has been lost and believes problem related to sinkhole. County has provided temporary water but asked for assistance in placing responsibility and g ing permanent connection. Gary Robertson responded that citizens have been notified of costs which have been reduced 50% to hook on system. BOARD DIRECTED STAFF TO CONTACT CITIZENS AGAIN TO DETERMINE INTEREST, PROCEED WITH SPECIFIC DISTRICT, AND WORK OUT SURCHARGE. X. EXECUTIVE SESSION pursuant to the Code of Virginia Section 2.1- 344 A (7) potential litigation/settlement concerning Dixie Caverns Landfill. AT 9.30 PM, HCN MOTION TO GO INTO EXECUTIVE SESSION ~~ Y. CERTIFICATION OF EXECUTIVE SESSION R-092496-9 AT 9.45 PM BLT MOTION TO ADOPT RESO ~~ Z. ADJOLJRNMENT BLT DECLARED MEETING ADTOURNED AT 9.45 P M NOTE: (PUBLIC NOTICE WII.L BE MADE THAT BOARD WILL MEET ON OCTOBER $, 1996, AT NOON, WITH ROANOKE REGIONAL CHAMBER OF CONIlVIERCE WITH NO BUSINESS TO BE CONDUCTED OR ACTION ANTICIPATED io o~ Roaruo,~~ ~ A 9 z z °v a~ 1838 ~~~~~ (~~~xx~t~ ~# ~a~x~~~Q ROANOKE COUNTY BOARD OF SUPERVISORS AGENDA SEPTEMBER 24,1996 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. /ndividua/s with disabi/ities who require assistance or special arrangement in order to participate in or attend Board of Supervisors meetings or other programs and activities sponsored by Roanoke County, p/ease contact the Clerk to the Board at (5401 772-2005. We request that you provide at /east 48-hours notice so that nrnner arrangements maybe made. A. OPENING CEREMONIES (3:00 P.M.) 1. Roll Call. 2. Invocation: John M. Chambliss Assistant County Administrator 3. Pledge of Allegiance to the United States Flag. B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Recognition of Finance Department staff for Excellence in Financial Reporting from Government Finance Officers ® Recycled Paper Association for the 1995 Roanoke County Comprehensive Annual Financial Report. D. BRIEFINGS E. NEW BUSINESS 1. Request for resolution of support to amend the Youth Haven II license to allow a 30-day residential case evaluation and treatment component. (Bev Waldo, Youth Haven II Director) F. REQUESTS FOR WORK SESSIONS 1. Request for Work Session on October 8, 1996 to review updated master plan for Virginia's Explore Park. (Joyce Waugh, Economic Development Specialist) G. REQUESTS FOR PUBLIC HEARINGS H. REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES -CONSENT AGENDA 1. Ordinance to rezone 5.131 acres from C-1 to C-2 to construct an efficiency inn, located at 3990 and 4004 Challenger Avenue, Hollins Magisterial District, upon the petition of Robert Metz. 2. Ordinance to rezone 2.15 acres from C-2C to C-2C to amend conditions located at the corner of Plantation Road and Friendship Lane, Hollins Magisterial District, upon the petition of Jay Patel. 3. Ordinance to rezone 16.58 acres from AGl and AG3 to PRD, planned residential development, to construct residential homes, located at 2047 Wildwood Road, Catawba Magisterial District, upon the petition of Gary Huffman (Bear Creek). 4. Ordinance to rezone approximately 0.92 acre from C-1 to C-2 and obtain a Special Use Permit in order to construct a gasoline retail 2 facility with retail sales, located on the west side of Route 221, appro~mately 250 feet south of Pleasant Hill, Windsor Hills Magisterial District, upon the petition of Wayne and Jennifer Ayers and William & Lorraine Lange. I. FIItST READING OF ORDINANCES J. SECOND READING OF ORDINANCES K. APPOINTMENTS 1. Grievance Panel L. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT A ENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. 1. Approval of minutes -August 13, 1996, August 24, 25, 1996, August 27, 1996. 2. Confirmation of appointments to the Metropolitan Transportation District Study Committee and the Fifth Planning District Commission Legislative Committee. 3. Request to retain a Police Department vehicle to be restored by vocation education students and used for special projects. 4. Appropriation of $6,020 grant funds from the Allstate Foundation to the Fire and Rescue Department. 5. Request from School Board for appropriation of $1,000 grant from the Education Foundation for William Byrd High School Saturday School. 3 6. Resolution of support for STEP 21 federal legislation (ISTEA Reauthorization). 7. Resolution of support for Governor George Allen's Fall River Renaissance campaign. M. REPORTS AND INQUIRIES OF BOARD MEMBERS N. CITIZENS' COA~IlVIENTS AND COI~BVIiJNICATIONS O. REPORTS 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Proclamations signed by the Chairman P. WORK SESSION 1. Open Burning Ordinance 2. Revisions to the Public Private Partnership Policy Q. EXECUTIVE SESSION pursuant to the Code of Virginia Section 2.1- 344 A ('n to discuss the condemnation of real estate for public utility purposes -water transmission line; 2.1-344 A ('n potential litigation, discussion of Item U-1. R. CERTIFICATION OF EXECUTIVE SESSION EVENING SESSION S. PUBLIC HEARINGS 1. Public Hearing and adoption of a resolution authorizing Articles of Amendment to the Roanoke Valley Resource Authority Articles 4 of Incorporation and an amendment to the Roanoke Valley Resource Authority Members Use Agreement to authorize the Authority to engage in or provide for commercial and/or residential garbage and refuse collection activities or services. (Elmer C. Hodge, County Administrator) 2. Public Hearing and adoption of resolution authorizing the issuance of $1,300,000 General Obligation School Bonds through the Virginia Public School Authority. (Diane Hyatt, Finance Director) T. SECOND READING OF ORDINANCES 1. Ordinance amending the Roanoke County Code by adding Article II, Regulations of Opening Burning, Section 9-5, Title, Section 9- 6, Purpose, Section 9-7, Definitions, Section 9-8, Prohibitions on opening burning, Section 9-9, Exemptions, Section 9-10, Permissible open burning, Section 9-11, Permit, and Section 9-12, Penalties for violations; amending Section 9-18, Enforcement of Article III, Virginia Statewide Fire Prevention Code, and repealing Section 9-3, Burning of woods, brush, leaves, etc., and Section 9-4, Burning of waste material near residence, garage, etc. of Article I In General, of Chapter 9, Fire Prevention and Protection. (Richard Burch, Chief of Fire and Rescue) U. PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. Ordinance vacating a portion of the subdivision plat for Hunting Hills Section 3, of record in Plat Book 6, page 63, to remove the "well lot" restriction placed on tax map no. 88.13-3-28. (Paul Mahoney, County Attorney) (CONTINUED FROM JULY 23, 199 2. Ordinance to rezone 1.11 acres from AR to I-1 to expand an existing customer manufacturing facility, located at 2056 Loch Haven Drive, Catawba Magisterial District, upon the petition of Daniel Peters. (Terry Barrington, Planning and Zoning Director) V. NEW BUSINESS 5 1. Request for authorization to execute an agreement with the Industrial Development Authority to manage a grant program for the Williamson Road Corridor Project. (Terry Harrington, Planning & Zoning Director) W. CITIZEN COMA~NTS AND COI~'IlVIUNICATIONS 1. Mike Murray to speak on sink hole on Shadwell Drive. X. ADJOUrRN1vIENT 6 ACTION NO. C -- l 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 24, 1996 AGENDA ITEM: Recognition of the Finance Department staff for Excellence in Financial Reporting for the Comprehensive Annual Financial Report COIIN'~'Y ADMINISTRATOR'S COMMENTS: SIIMMARY OF INFORMATION: Roanoke County has again received the Certificate of Achievement for Excellence in Financial Reporting for its Comprehensive Annual Financial Report (CAFR) for the Fiscal Year Ended June 30, 1995. This award is presented by the Government Finance Officers Association to governments that achieve the highest standards in governmental accounting and financial reporting. Diane Hyatt, Director of Finance, would like to recognize the entire Finance staff this year for their efforts in preparing the CAFR. ~~~-/ Elmer C. Hodge County Administrator ---------------------------------------------------------------- Approved ( ) Denied ( ) Received ( ) Ref erred ( ) To ( ) ACTION Motion by: VOTE No Yes Abs Eddy Harrison Johnson Minnix Nickens r r' ~~ •~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER HELD ON SEPTEMBER 24, 1996 RESOLUTION 092496-1 OF SUPPORT TO AMEND THE LICENSE OF YOUTH HAVEN II BY THE DEPARTMENT OF JUVENILE JUSTICE TO ALLOW A 28-DAY RESIDENTIAL CASE EVALUATION AND TREATMENT COMPONENT WHEREAS, the County of Roanoke operates Youth Haven II, a group home for adolescent girls offering long term residential treatment program for residents of southwest Virginia, and WHEREAS, the Department of Juvenile Justice for the Commonwealth of Virginia provides the licensure for the program offered by Youth Haven II, and WHEREAS, a need has been identified by the Court Service Unit for a 28-day residential placement program for adolescent girls which includes case evaluation to determine the service needs of the youth, and WHEREAS, the diagnostic workups in addition to stabilization prior to the Court's disposition of the case should result in more appropriate treatment for the child as well as being more cost effective. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County supports the request to modify the license of Youth Haven II as regulated by the Department of Juvenile Justice for the Commonwealth of Virginia to include the 28-day case evaluation and treatment component to better serve the needs of the youth of Roanoke County. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: 1 ~. AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Brenda J. olton, Deputy Clerk Roanoke County Board of Supervisors cc: File Beverly T. Waldo, LCSW, Manager, Youth Haven II Department of Juvenile Justice 2 ACTION NO. ITEM NUMBER ~"'~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 24, 1996 AGENDA ITEM: Request for Approval of a Resolution to Add the Service at Youth Haven II of a 30-Day Residential Case Evaluation and Treatment Component for Female Offenders of the Court Service Unit rnriNTY ADMINISTRATOR'S COMMENTS• ~~ BACKGROUND: The Mission of the Youth Haven II program is to provide a long term residential treatment program (up to twelve months) for adolescent females. Referrals typically come from the Department of Social Services, the Department of Juvenile Justice (Court Service Unit), or parental placements. Services are not limited to Roanoke County youth, but referrals are considered from throughout Southwestern Virginia. ~iJMMARY OF INFORMATION: Last spring, a needs assessment was conducted to determine other services that might be provided through Youth Haven II using its existing staff to better meet the needs of the youth of the County. One need identified was the residential placement of adolescent females for a period of up to thirty days which included case evaluation to determine the service needs of the youth. During this thirty-day evaluation, the longer term treatment needs could be evaluated and placement secured while keeping the child in the community to allow some treatment with the remaining family members as well. Since Youth Haven II is licensed by the Department of Juvenile Justice, we have been advised that this type ~-1 of modification would require approval by the Department. The initial reaction to the suggestion has been favorable. Providing diagnostic workups in addition to stabilization prior to the Court's disposition of the case will result in more appropriate treatment of the individual and also will prove to be more cost effective. Mike Lazzuri, Director of Court Services and Judge Trompeter of the Juvenile Court have submitted letters of support for this program modification to the Department of Juvenile Justice for their consideration. The youth to be served by this program modification are the same type as those receiving the long term care, however, the case evaluation will help to better determine the appropriate treatment plan. The attached resolution indicating support by the County of Roanoke for this type of service is needed by the Department of Juvenile Justice to be included in the package of materials for consideration. No additional funding is required for this change. The existing program appears to have adequate space and staffing to blend this type treatment with our ongoing program. FISCAL IMPACT: Funding for the Youth Haven II program comes from Virginia Juvenile Community Crime Control Act monies, per diem payments from agencies that place youth at the program and parental support. No additional funding for this program modification is required. RECOMMENDATION: Staff recommends adoption of the attached resolution which requests the Department of Juvenile Justice to amend our licensure requirements to include a thirty-day residential case evaluation and treatment component in addition to the long term care currently being provided. Respectfully submitted, Beverly Waldo, LCSW Manager, Youth Haven II Approved by, ~~~ Elmer C. Hodge County Administrator T ~ ,^ ~.-l ----------------------------------------------------------------- ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Received ( ) Referred ( ) To ( ) Eddy Harrison Johnson Minnix Nickens I ~- ~" AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER HELD ON SEPTEMBER 24, 1996 RESOLUTION OF SUPPORT TO AMEND THE LICENSE OF YOUTH HAVEN II BY THE DEPARTMENT OF JUVENILE JUSTICE TO ALLOW A 30- DAY RESIDENTIAL CASE EVALUATION AND TREATMENT COMPONENT WHEREAS, the County of Roanoke operates Youth Haven II, a group home for adolescent girls offering long term residential treatment program for residents of southwest Virginia, and WHEREAS, the Department of Juvenile Justice for the Commonwealth of Virginia provides the licensure for the program offered by Youth Haven II, and WHEREAS, a need has been identified by the Court Service Unit for a 30-day residential placement program for adolescent girls which includes case evaluation to determine the service needs of the youth, and WHEREAS, the diagnostic workups in addition to stabilization prior to the Court's disposition of the case should result in more appropriate treatment for the child as well as being more cost effective. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County supports the request to modify the license of Youth Haven II as regulated by the Department of Juvenile Justice for the Commonwealth of Virginia to include the 30-day case evaluation and treatment component to better serve the needs of the youth of Roanoke County. ~ ~ t Item No. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER IN ROANOKE, VIRGINIA, ON TUESDAY, MEETING DATE: September 24, 1.996 AGENDA ITEM: Request for Work Session on October 8, 1996, to review updated master plan for Virginia's Explore Park COUNTY ADMINISTRATOR'S COMMENTS: Would like to schedule a tour of the Parkway spur now under construction in the afternoon before the meeting begins on October 8. The Brugh Tavern is also under construction. If this is acceptable, we can choose a specific time at this meeting. EXECUTIVE SUMMARY: A Roanoke County staff committee has been working with Virginia's Explore Park to update the Park's master plan for the south side of the Roanoke River. A determining factor for the County's involvement was ensuring that County standards were met throughout the planning phase and carried out during the construction phase, while providing maximum flexibility for the Park's goals and ultimate design. This update will provide the Board the earliest opportunity to see and ask questions about the updated master plan, current construction schedule, and latest activities planned at the Park. Rupert Cutler, Executive Director of Virginia's Explore Park, and Chet Simmons, General Manager, will be present to discuss the master plan. Staff Recommendation: Staff recommends that the Board of Supervisors schedule a work session for October 8, 1996, to review the updated master plan for Virginia's Explore Park. Respectfully submitted: yce .Waugh, Economic evelopment Spec Department of Economic Development ~ ~~ Elmer C. Hodge, J . County Administrator ACTION VOTE No Yes Abs Approved ( ) Denied ( ) Received ( ) Referred to Motion by: Approved: Eddy Johnson Harrison_ Minnix Nickens ACTION N0. ITEM N0. !~ ~- `1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 24, 1996 AGENDA ITEM: Requests for Public Hearing and First Reading for Rezoning Ordinances Consent Agenda COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The first reading on these ordinances is accomplished by adoption of these ordinances in the manner of consent agenda items. The adoption of these items does not imply approval of the substantive content of the requested zoning actions, rather approval satisfies the procedural requirements of the County Charter and schedules the required public hearing and second reading of these ordinances. The second reading and public hearing on these ordinances is scheduled for October 22, 1996. The titles of these ordinances are as follows: 1) An ordinance to rezone 5.131 acres from C-1 to C-2 to construct an efficiency inn, located at 3990 and 4004 Challenger Avenue, Hollins Magisterial District, upon the petition of Robert Metz. 2) An ordinance to rezone 2.15 acres from C-2C to C-2C to amend conditions, located at the comer of Plantation Road and Friendship Lane, Hollins Magisterial District, upon the petition of Jay Patel. 3) An ordinance to rezone 16.58 acres from AG-1 and AG-3 to PRD, planned residential development to construct residential homes, located at 2047 Wildwood Road, Catawba Magisterial District, upon the petition of Gary Huffman (Bear Creek). i µ~ ~ 4) An ordinance to rezone approximately 0.92 acre from C-1 to C-2 and obtain a Special Use Permit in order to construct a gasoline retail facility with retail sales, located on the west side of Route 221, approximately 250 feet south of Pleasant Hill, Windsor Hills Magisterial District, upon the petition of Wayne & Jennifer Ayers and William & Lorraine Lange MAPS ARE ATTACHED; MORE DETAILED INFORMATION IS AVAILABLE IN THE CLERK'S OFFICE. STAFF RECOMMENDATION: Staff recommends as follows: (1) That the Board approve and adopt the first reading of these rezoning ordinances for the purpose of scheduling the second reading and public hearing for October 22. 1996. (2) That this section of the agenda be, and hereby is, approved and concurred in as to each item separately set forth as Items 1 through 4, inclusive, and that the Clerk is authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this action. Respectfully submitted, Paul M. Mahoney County Attorney Action No Yes Abs Approved ( ) Denied ( ) Received ( ) Referred Motion by Eddy Harrison Johnson Minnix Nickens to COUNTY OF ROANOKE DEPT. OF PLANNING AND ZONING 5204 Bernard Dr. ---~ '.~ P.O. Box 29800 ~/ Roanoke, VA 24018 ( 540' 772-2068 FAX (540) 772=2108 a~~'- rf ~grzz~s~ For staff use oIlnly ~~` `~~ date receiv~d: received by- applica~'nlfeZe~ .,jAf J PC/BZA date: r ~ ! • placards i ed: ~ S - Boy date: /l?/u 4,~ Case Number: 6~~ y~ Check type of application filed (check all that apply): ® REZONING ^ SPECIAL USE ^ VARIANCE Metz Phone:989-6923 Applicant's name: Robert L . r~ Zip Code: 24018 Address: 4631 Heather Drive, SW, Unit 317 L~ Roanoke, VA ,,~~~C// Owner's name: Robert L. & Reba S. Metz ~( ~y ~ Phone: 989-6923 Address: 4631 Heather Drive, SW Unit 317 ~~ ~~~ 7"J ~ Zip Code: 24018 e VA Location of property: 3990 & 4004 Tax Map Number: 50.05-1-1 Challenger Avenue, Rt. 4607 Magisterial District: Hollins Community Planning Area: Bonsack Size of parcel (s): Existing Zoning: C 1 5.131 acres Existing Land Use: Two old rental properties (mostly vacant land) sq.ft. Proposed Zoning: C_2 ........................... For Staff Use o~/y .. Proposed Land Use: Efficiency Inn use Type: Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? YES X NO IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? YES X NO IF N0, A VARIANCE IS REQUIRED FIRST. If rezoning request, are conditions being proffered v~ith this request? YES NO Variance of Section(s) of the Roanoke County Zoning Ordinance in order to: Is the application complete? Please check if enclcsed. APPLICATION WILL NaT BE ACCEPTED IF ANY OF THESE ITE~v1S ARE MISSING OR INCOMPLETE. ws v ws v a,-s v X Consultation X 8 1 /2" x 1 ~ " concept plan Application fee X Application X ~`-< Metes and bounds description `'~- Proffers, if applicable X Justificaticn `~`> Water and sever application Adjoining property owners /hereby certify that l am either the owner of the property or the o er's agent or contract purchaser and am acting with the knowledg and co se F of the o~~ner. % //^/ _ ~ _--~--- f ~ •~~ _ Owner's Signature: ~""~ ~C~ [ ~C ~~~~ !' 1' ~~~ ) ~~ ~ . i f ar !/ `1 Foi StaN Use Only: Case Number Applicant Robert- L. Metz The Planning Commission will study rezoning and special use permit requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Zoning Ordinance (Section 30-3) as well as the purpose found at the beginning of the applicable zoning district classification in the zoning ordinance. Property is presently zoned for C-1 office and institutional use under the Roanoke County Zoning Ordinance. While office use may be possible along Route Et60 corridor, this road has been primarily developed with commercial uses other than office uses. The proposed us of an efficiency inn is somewhat between a residential and commercial use. The affordable efficiency inn is, in many ways, more similar to a residential structure than commercial in that it affords other than daily rentals. This type of use has fit well along major roads within the Roanoke Valley. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County :omprehensive Plan. General guidelines and policies contained in Roanoke County Comprehensive Plan for the subject property would not indicate a compatability with a typical C-2 use. Again, however, the affordable efficiency inn is not a typical commercia. use in that it contains many of the characteristics of a residential property. Thus, it is appropriate :and consistent with the properties along Route 460 in the general vicinity. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation, and fire/rescue. There will be no negative impact on the roads, schools, parks/recreation and fire/rescue. Water and sewer capacity are appropriate. Therefore there will be no negative impact on the surrounding properties mainly because of the topography and the orientation towards Route 460. ROBERT METZ ~' * DEPART,fE'1~I'P OF PLA.NNII~'G C-1 TO C-2 P.ND ZONING 50.05-1-1. :> „~ R COUNTY OF ROANOKE DEPT. OF PLANNING AND ZONING 5204 Bernard Or.~.. P.O. Box 29800 Roanoke, VA 24018 ( 540` 772-2068 FAX (540) 772=2108 h,~~ ~Jz~rf~~~ 1 ~~[[,,,, // l c~- ~ ~~ For staff usdonlyG ~~ (~ date received: 8/z3 9 6 received by: ~h' - application fee: PC/BZA date: placards issued: BOS date: Case Number: / r7 r Check type of application filed (check all that apply): ® REZONING ^ SPECIAL USE ^VARIANCE Applicant's name: Jay Patel Address: 5734 Club Lane Phone: 774-1130 Zip Code: 24018 Roanoke VA 24018 Owner's name: same as above Address: Phone: Zip Code: Location of property: Tax Map Number: 18.18-2-5 corner of Plantation Road and Friendship Lane Magisterial District: Hollins Community Planning Area: peters Creek Size of parcel (s): Existing Zoning: C-2, C 2.15 acres Existing Land Use: vacant sq.ft. Proposed Zoning: C-2 , C For Staff Use o~iy Proposed Land Use: Motel Use Type: Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? YES X NO IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? YES X NO IF N0, A VARIANCE IS REQUIRED FIRST. If rezoning request, are conditions being proffered with this request? YES NO Variance of Section(s) of the Roanoke County Zoning Ordinance in order to: N/A Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. ws w5 v ws v Consultation 8 1 /2" x 1 1 " concept plan Application fee Application ~'~~ Metes and bounds description '? ; Proffers, if applicable Justification '>~ Water and sewer application Adjoining property owners l hereby certify that l am either the owner of the property or the owner's agent or contract purchaser and am acting with the knowledge and consent of the owner. / Owner's Signature: ~~J" ~ ~O~ _~' 2~' ~b •08/26/96 13:13 F:1~ 540T966~4444 Holida~~ Inn ExP X02 ~i. ~{~~ awn. EXPiiE55' ~~~ 110 ~ "1"t~ ~Ire~r' c~P)~n~rx~ 6 Z~rr-3 ~~~I a-F R~pKG ~O.~X 2~~ ~~nOKe ~~A ~~l 8 Der Mr.}~Yrir~gian ~ behaiF of F~l~c~lnc., !am ra.~.~5hrg -tt~ae v__ fol~~Wmg c,}'~an~s -b propo9e~ ~2 C~iinaxtl t0 C-2 Cp-,q~trp~1 18.f8-2-5 -FOron npprr~x~rrakly 60 0 Ceom motel .Pled dente -i-Y~ refere~x~ }o a 2 story bu~id,ng as tine -'~i~~+- --e~incncn o ~ 55 fc~J- w~li be +t-e,gove~ng fc~ctar. If you hive arr~ -ft~r-tt~erc~ t~dx, pie.~Y~e-~'ef fi~ to ~Mt~act rr~ at ~5g6)9bb-4~-~~-e ~ tit~cerely , Torun ~. T~~e} . ~1Ce~e~Slder~t~ J~-~-- NORTHWEST 2' 74 Lee Highway, South • Trou!v lte. VA 2~i 75 • 703x956.4444 • Fax: 703!966-G :~ Ext.100 ~ Blusher, Slinpklns & Assoc,, P.C. Surveying, Engfneering and Planning P,O. Box 646 • Bedford, Virginia :4523 (703) 586-9757 !oo ~'LILLIMIT~I rtE.`i SITG PLA r~ ~~•~-- ~ - SHrr;T No. LA! CUTATED 8Y ~' ~L CHECKED 6Y OF [~,, DATE Z.~ + 1`~`~ QL~° DaT~ SCAL i i . ~ • i i _. ~ ~ -- i .-_ • _ _ r -. ,. , ._ • '~ - • , --- =- I `---• - . _ ~ 1 ~ --. / .. ~ i • --- • --- --- ~ . __ /~ h I ~ , _ ~ I -- ` 1 i ~ •I i i t- - ~-- -_ -. - -- .. 1 ! iii . 1. 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C'Z ~ -: ,m..o C-2 ~ ~ - ~ / ~~ ~ .!' r ~:~. ~ i C Z - '4 \ / ICDY / G Z / ~• Q ~ ~ 3 It ` p• 2 i7p L ~ R~' I ` ('~ , 2 \ ~ LM~c s2 ~ s ~i0 i1~-1.1 1 i` ~ t - ~ ~ ~. ,., ~ tCJt ' Relax, inc. c/o Jay °atel COMMUNITY SERVICES AND DBYBLOPMENT 1 a .1 ° - 2 -5 ~~ N-a AFFI.ICANT INFGRMATIGN Oates' Cam, (Please Type) Appl icant: Mme. ~~ ~i~"PKL_ Address: S~ 3~' f,~~l-VS ~j (C ntact Person) Phone: ~ ~ ~' X130 ~~to~r t ~ ~( l7~rner: `-7~cvtiE Address: Phone: •~.~ Engineer: /N ~ Agent. IJ/~- Phcne: Arc~~tect: Address: Accent: Fhene: _ _ _ _ szzzzzz=z=z:zzzzzxzzzzszzzzzz=zszzzzszzzzzzzszsz:zzz:izzsszzzzzzzzszzzzzzlzzzz Site Inr"cr-aticn Cevelccment Name: c~ (,e1~~ --~_ Locaticn: ~ ~~. -- OE VEL OPMEN T A PPL SC.4 T.Z"ON Magisterial Gistr~ct: ____ Tax Mac Number: (~.(g-Z'~ Acreage: _ Zonine: __ _ 7ota1 Units:_ Co ~ _ _ Tc__1 Lcts:~_ Euilding Area: _____ft2 EGCA s2 Gescriptlcn: ____ Type Ccrstructicn: Sewer Facilities: Ccunty: Septic: Vinton:_ Friva*_e: Sewer Service Elevaticn (Use USGS Elevations) Minimum: Mzximum: Kater Facilities: County:~ Wells: Vinton: Private: Water Service Elev2ticn t.Use USuS Elevaticr,s) Minimum: Maximum: Is building to be sprinkled? YES Flax Requires' ~ CY`! Gescripticn of Wcrk (include any specific cuestiansl: s ~- '~- ~J . a~ ~ ~ . ~ .- ; .- t'~ 9 ~'~' ..~ t <` ~\ 1 ~ , \ \ ' = \ s~ s , ,. . { d` .r..3 r ~ ~,~~ • •, `~~ ~• )~ O / ~ i - ~ ~ _ ~ - ~` -. _ o .~ ~ ~- ~ ~y / _ W ./ 1 1- O o , •^ ' Q ~ /~ ~ ~ ~ ~ ~ ~ ~ r. `~ ~ .~ ~/. GA's ~ ~.• , _ _ 1 _ l~ h ~ ~~ ~ 1 .•.a' ~A~. . _ .. .... _ _- -- -: - __' _•~r:..... _rea. a`.- ,. ~.... ,.. '.3i..:. f a.. ...... '_.'"4;..~ -a ' .. . >.. _ .,t.;.:L .li':.'~.,_~ 3 .. ~_ 1 -- N r~ p. \ \ f ~ 1` d ~~ II ~, o ': ~ ~ E ~ ~ ~ i ~ ~~ • ~o x '; Q a ~~ ~~ ~ _ .. Q-- ~ Y --~-- fi- ~ t ,~ •, iii . o ~' .~ _ t ti ,ice Q _o ~' t a,~ m~ _ . -~ r- r ~ ` 1 .. ~ i ~-. ~ ~ /~ ~~ / O ~ ~ Z ,, ~ . ~~ _ .~+, _ _ i ~.j . I ~ ~ ~ t / ~ j / ~dG I ~_ ~ ~ r _~ J ~ ~ ~'~ ~"~ ~ f _ .. . _ _ ~ _ -.. --T-- - ~, ~ ~~ _ For st ff use only Q~ COUNTY OF ROANOKE .- DEPT. OF PLANNING AND ZONING 5204 Bernard D'r,~.. P.O. Box 29800 Roanoke, VA 24018 t 540 772-2068 FAX c540) 772=2 ~ 08 date re ived: ~1~3/fir., received bye,. I ~ '. appl'c~tioo,fee: PC/BZA date: placards issued: BOS date: /' Case Number: C~~~ ~/~ Check type of application filed (check all xhat apply): Imo" REZONING ^ SPECIAL USE ^ VARIANCE Applicant's name: ~tA~~`( l-~v~M}~K Phone: 3g 7 Address: l Sn'1 P~s`~~-~f U~~V ~ Zip Code: ! yr3 S P~t_cS~ ~( /s. z -t r s 3 Owner's name: C ~ek.~ ~(- ~ 6~'r`t ~-• A~ o~~-- Phone: 38 g - Address: Z o ~t '1 ~.t t ~~+~e-too, ~ 1.1, Zip Code: ~ ? r 3 S l~1-61~r~ `E A 2`! r 5 3 Location of property: Tax Map Number: 3 ~f, oo -! -Z ~ 3y.oo -! - 3 Zo ~!'~ ~r-C«b`+°raob )~oA~ Magisterial District: ~'~.T.4~rr$A Community Planning Area: Size of parcel (s): r ~~' •-~ ~ acres s q . ft. Existing Zoning: ,q 4 - / ~ ~- '~ Existing Land Us@: /~/.k-rv ,elk C-- 4~ o o ]~ C.st.wc ~ Proposed Zoning: Piz), ............................. For sraff use only Proposed Land Use: S ~ ~.c4~E ~.j.Ja.t `~~ ~~~ ~,~,•~ Use Type: Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? YES / NO IF NO, p, VARIANCE 1S REQUIRED FIRST. Does the parcel meet the minimum criteria for t;;e requested Use Type? YES ~ NO IF NO, A VARIANCE IS REQUIRED FIRST. If rezoning request, are conditions being 'proffered with this request? YES ~ NO Variance of Section(s) of the Roanoke County Zoning Ordinance in order to: Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMiPLETE. ws v xrs v xis v Consultation / 8 1 V2" x 1 1 " concept plan / Application fee Application / ~':~;` Metes and bounds description / -;,; Proffers, if applicable Justification / ~'V~`: Water and sewer application / Adjoining property owners l hereby certify that l am either the owner of the property or the owner's agent or contract purchaser and am acting with the knowledge and consent of the owner. Owner's Signature: -3 introduction Bear Creek is a proposed residential subdivision to be located on the east face of Fort Lewis Mountain, on Route 619, Wildwood Road in Roanoke County. The Bear Creek site is be located approximately one and one half miles north of Interstate 81, convenient to not only the Interstate, but to Roanoke County Schools, many places of employment, shopping, and the County's beautiful Green Hill Park. The site is located approximately 10 minutes from downtown Salem, 25 minutes from downtown Roanoke, 30 minutes from Blacksburg, and 15 minutes from Roanoke Regional Airport. j Bear Creek subdivision will have a unique setting: it will be located on the side of historic Fort Lewis Mountain in a largely undisturbed mixed forest of evergreen and deciduous trees (oak, maple, poplar, beech). Other special attributes of the site include Large century old trees, heavy under growth, thickets of giant rhododendrons, meadows, massive rock formations, bubbling brooks, a large variety of plant and animal life, hiking trails, and scenic vistas. Bear Creek is surrounded by Havens State Wildlife Preserve, wooded tracts, and numerous existing beautiful Roanoke County homes. Bear Creek will be unique in that it will not be a continuum of houses, but a series of housing villages permanently separated by the native woodlands and its attributes, and interconnected by a small private roadway. µ-3 objective The objective of the Bear Creek development will be to create a unique planned residential community of single family homes that minimizes disturbance and destruction of site resources. Bear Creek will be unique in that it will not be a continuum of houses, but rather a series of housing villages permanently separated by the native woodlands and the special site attributes, and interconnected by a small private roadway. The market target for Bear Creek will be a variety of demographic profiles, including young families, professionals, and empty nesters. N-3 Sltf: ~'~Sfliir~£S The Bear Creek site is Fort Lewis Mountain, (Route 619), roughly Creek. The site runs than a mile, extending 1280 to 2280, about crest. Havens State located above and to t situated on the east face of fronting on Wildwood Road 8 miles southwest of Mason up Fort Lewis Mountain more from approximately elevation 500 feet from the mountain Wildlife Management area is he southwest of the site. With the exception of 2 clear cut utility strips traversing the site, the site is virtually entirely covered with a dense undisturbed mixed forest of evergreen and deciduous trees (oak, maple, poplar, beech). Bear Creek will be situated in rolling to steep mountainside terrain. Special features of the site, aside from the dense woodlands containing century old trees, include massive rock formations, thickets of giant rhododendrons, meadows at the utility strips, bubbling brooks, a large variety of plant and animal life, hiking trails, and scenic vistas. By planning and developing a community that will not be a continuum of houses, but rather a series of housing villages permanently separated by the native woodlands, and interconnected by a small private roadway, the special site attributes of the site will be preserved. !~-3 purpose for re~onin~ Wildwood Development Corporation is requesting a zoning change from AG1 and AG3 to PRD. AGI and AG3 zones require public roads designed completely in accordance with rigid Virginia Department of Transportation criteria. .These criteria include performing earthwork as necessary to keep road centerline slopes within a set standard, but virtually unachievable at the Bear Creek site since the standard is less than the existing slope of the land. Additionally, rights of way would have to be clear cut. It is estimated that in order to meet Virginia Department of Transportation criteria, more than ,~_a.,,~,..,~' of the site would require clear cutting of trees, together with heavy earthwork destroying the thickets of giant rhodedendrons, rock formations, and native brooks, not to mention wildlife habitat. After several months analyzing the site, the Developer, Wildwood, Development Corporation, concluded the property does NOT lend itself to conventional development entirely within the criteria of the Virginia Department of Transportation, and cannot be developed conventionally without de.s..~_ro.y_~,..n,.g the essence of the property - the native state woodland and its special attributes. PRD zoning allows flexibility in design standards, sought in order to enable development of the site without damaging and destruction of the site's special attributes. Wildwood Development Corporation would proposes working with Roanoke County planners in establishing a development that retains the "natural environment" and special attributes of the site wheresoever possible, and yet retains a high level of reliability and safety for its residents. ~3 i ~ ~le~crelops~r~.e~t sta~dla~ds Maximum gross housing density for PRD is 5 dwellings per acre as established by the Roanoke County Zoning Ordinance. Bear Creek will have a maximum gross housing density of 0.73 dwellings per acre in the 12 lot 1st Phase. Allowing 60 lots total for all phases yields a maximum gross housing density of 0.38 dwellings per acre overall for the entire project once completed. Phase I lot sizes range in size from 0.76 acres to 1.52 acres. Setbacks will be 50 feet in the front facing the '-- road, 50 feet off Wildwood Road, 20 feet on all side yards, and 30 feet on all rear yards. Any and alI trees cut will be approved by Wildwood Development Corporation. Wildwood Development Corporation plans for Bear Creek include requiring minimum buffers along all interior property lines of 20% completely undisturbed forever wild buffer areas, and depending on terrain, more than 20~. Nearly all of the more than a mile border shared between Bear Creek and Havens State Wildlife Refuge will have a 50 foot forever wild no-disturb buffer to ensure Bear Creek does not encroach on Havens. .R.Q~.D W.AX.S. Roadways will be carefully designed for safe domestic access, emergency vehicle access, and pedestrian traffic. Wildwood Development Corporation intends to limit the size of road cut through the property in order to preserve the century old trees and native woodland of Fort Lewis r~~ Mountain. Roadway design will be performed by a Virginia licensed Professional Engineer blending Virginia Bear Creek• A "lfatnre's Settintc' Snbdivisioa ~~ Department of Transportation standards where possible with the Bear Creek concept of minimizing impact on the Fort Lewis Mountain woodland. Roadways, and will consist of a 20 side traffic lane, or two 12 foot wide traffic lane where appropriate to minimize damage to specific trees clusters or other special attributes of the site. Roadway centerline slope will be at Least 0.5%, with normal maximum centerline slope of 15%, but more as necessary in steeper sections of the development in order to minimize impacts. The maximum centerline slope may be a variance from normal VDOT standards. Roadways will be constructed within 30 foot wide easements (wider for divided Lane roadways), with a minimum of earthwork and deforestation. Roadway construction will consist of 2" of blacktop over at least 6" of select crusher run base aggregate (VDOT Category I roadway). Roadways will be constructed by a professional, licensed, bonded roadbuilder. Construction will comply with all State and local erosion and sedimentation control requirements. -= Roadways will remain privately owned and operated by the Wildwood Development Corporation and a Homeowners Association. While the roadways will remain private, they will meet or nearly meet VDOT standards. ~.Q.i~~.S Bear Creek will be residential only, with no commercial or office uses. Bear Creek will consist of single family homes only; there will be no apartments, multifamily or townhouse style homes. Minimum home sizes will be 2000 square feet for mountain ranches and 2400 square feet for 2 story contemporaries. Exterior motif must be wood siding, brick, rock, or a combination thereof Prior to construction at each lot, the proposed home and septic field will be staked out, together with forever natural no-disturb areas, for review and approval by Wildwood Development Corporation . Prior to sale of all lots, Wildwood Development Corporation will review and approve house plans and plot plans to ensure setbacks, forever natural no-disturb areas, and building motif are acceptable. Bear Creep: A `aatnre's Setting" Snbdivi:ion .~.~...5 Q_G .~..~ ~ .~_0 N A Homeowners Association will be established consisting of all Bear Creek property owners and the Developers. (At least the primary partner will reside in Bear Creek). The Homeowners Association will govern the day to day affairs of Bear Creek, such as review of proposed building plans. The Homeowners Association will also enforce restrictions on cutting any tree larger than 6" in caliper. .S.U.~.~A_~.y The criteria are established to fulfill Bear Creek's objective of respecting and protecting the natural special attributes of the site, and of neighboring Havens Wildlife Management Area, while providing a peaceful and safe village of homes. p e o~ pooh p T 'F M 4~ ~o °. .~ ..i ~' " v ~~ ~ $ f G ~~m U~~~sn„ ~3N=~~ ^3~ n m P v ~ ~ ~ ii C~~$ jai E v ~ a z»b»_~, v u ~ ` ~ a U 333E O q '~O t i a O F< a a e ._ ~,R_____ c ,i~ ~ ~ a '''~~ fay ;:~ T~+--~: -c-r-l a -_ --- ~, ', ~, -,;" ,~,~ ~.~ -- _ . ,- . , ;. -.: , ..~:... . ,. ----- ,.. ~ ,~ ___ .~ , -- : ~ , `. *•.._. ~~ - - - ~ iI F~1 - e ~` i ~ F1 ~~~_ p `Y.,' ~` ~ ~'~ _` __ -o -- .. ,i 1.~,- ___-- ~~ 1 _-_ '~~ __ ~ _ ~ _ - •• ' s.s. - n.r r r ~t i .~ N ~ .b .~ ~ a W -~ ~ >: ~ U o q ~ u Q u ~~o a p r i C O q 4 y G E m b 4 m G w ~ ~ ~ ro 3 0 x ~~~ 1-. r J. c~ ~,\~~ •;1 ~~`_\.\' ~~,~ -v ~S r 4 4 .. ~ ~./ '( ~ '. / i.. 4~i / ~ ~ ~ jar (- •- ( ~j . / ~~.-~ \ \•~- -_ ~'• -;~1 ~0 iii /. i 336 '~ '~~. ~ ~~= ~ ~ ~-` `~ r ~~ X20 i ~` v m/j'~ ;.: `~`0(1 ,~f _ ~ ~C8B7._ ,'i~r~`/,'-~, \-lam' _ - ~~ _ ~ ~- ___ ~ ~ ~_ ~ _ `Dino „ _ ~ . ;a ~` ~ ~ ~ ~ :r ~` _ /.`/ ~ 1 i 11•.x. '~ 1 ~ . " r-: 40 p G- ~; ~ i /~ 1 w. EL ~Q iil~j~i1QWQOC3 (1 ~ o• 1~ ti~- ~C• r ~ 0 ,11 ~ c ~ ~ ; f /, . :.~ ~ b-~ ~ _ i~ ~ _' ~i, ~ ~, ~'- - `- i / 909 ~ \; !/ j i it j ~~~ - , ,Gum Springs • ~ t ,f _/ v ~ • ~'~ ~-• ~ ---- ~ - / ~~• 1' r -~ / ~ r%~ IN EP,G'HAN E/ ~ '~ ~•/ - ~~ n -'- ', !r \ ./ ~(-3 I Y 0 4~ ~o ~I, ~~~ ~..~4 ~ 1 ~. 3:SI. ii? °.1 ~~'ti .~ v', """' 0 0 c W ~ ~' v ~ ~ p2o~ pooe"+PTTM u ._ „~_ c N ~~.. 0,::1:~ =r it V d f ~~ ~ ] (: U ~ a U ~ Q Q u v. (n '~-~ ~+ c i~ 4' f^ . , . Y Y 0 O 1 ~ 1 1 I 1 1 t Q f Q L 9 t m P a ~ ~ ,~ ~ ro 3 s, [ e~ i Y. ~ ~ = t 7t_ ~~- -. D R"3 NORTN ie~coi~~o~ ~ ~ K ~ Y ~ a- 1 i ~' _ ~ r~ ~ C' f ~' * DEPARTME~I'I' OF PLA.NNIrG GARY H U F FMAN AND ZONING AG-1 TO PRD ~~• ~ 34.00-1-2; -3 • ,,, . COUNTY OF ROANOKE DEPT. OF PLANNING AND ZONING 5204 Bernard Dr. P.O. Box 29800 Roanoke, VA 24018 ( 540 772-2068 FAX (5401 772-2108 a`~, ~ 7~~i~y~ `~-- /^~,,~, -,/~, ,~~ For staff use only ~~'~ ~`-', date re ived•/ ~ZIG/mar, recCi~f-~ application f /BZ?, d C ~ ~ ~ placard issued: ~/ / 605 d ~ ~~ Case Num er: /j ~ ~-r- ~" ~ Check type of application filed (check all that apply): CX7 REZONING ~7 SPECIAL USE ~ VARIANCE Applicant's name: Wayne & Jennifer Ayers & t{7illiam & Lorraine Phone: 563-9100 Address: 5175 Peters Creek Road Lange Zip Code: Roanoke Vir inia a i Q Owner's name:Wayne & Jennifer Ayers & William & Lorraine Phone: 56~3~~ 490 Address:5175 Peters Creek Road c/o PM PROPERTIES Lange Zip Code: Roanoke, Virginia PO BOX 1220 ROANOKE 24023 24019 Location of property: Tax Map Number: - a- blest side of Route 221 Magisterial District: Windsor Hills + 250' th f Pl t Hill _ sou o easan Drive Community Planning Area: ~~lindsor Hills Size ~f parcel (s): Existing Zoning: C_ l 0.92 acres Existing Land Use: sq.ft. Vacant Proposed Zoning: C-2 w/ special uSe For Staff Use On/y Proposed Land Use: Gasoline retail facility with ± 600 SF Use Type: of retail sales for drinks/snacks. Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? YES X NO IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? YES NO =~ IF NO, A VARIANCE IS REQUIRED FIRST. If rezoning request, are conditions being proff~r~d with this request? YES X NO ?~~~.:~~ Variance of Section(s) of the Roanoke County Zoning Ordinance in order to: Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR IN COti1PLETE. ars v ws v ws v Consultation 8 1 /2" x 1 i " concept plan Application fee X Application X n'~ Metes and bounds description X ' ; Proffers, if applicable X Justification X ~ Water and sewer application X Adjoining property owners /hereby certify that / am either the owner of the property or the owner's agent or contract purchaser and am acting with the know/edge and consent of the owner. Owner's Signature: ~.G-~Q,eCn,+ N-Y 1. The C=2 zoning designation is to provide for a variety of commercial and service activities appropriately found along major arterial thoroughfares in the urban service area. This request is to rezone the property from C-1 to C-2 to develop a gas retail facility with five pump islands. Approximately 600 SF. of associated retail facility is also proposed. The retail area is for gas sales, misc. drinks and snacks. This is NOT a request for a full convenience store. The request for a special use permit for a convenience store was made at the suggestion of staff to insure that there would not be any question of what items could be sold. This request is in conformance with the ordinance in that the property is located in an urban area on a major arterial thoroughfare. It is further in conformance with the current development and uses on Route 221 in this area. 2. The comprehensive plan indicates that this parcel lies within a transition area. This designation has typically been interpreted as office uses. However, the unique frontage to depth ratio and topography conditions at this site make it unfeasible to develop this site for office or other similar uses. There are no other parcels of property between the area from Route 419 to Ranchcrest Drive/Roselawn Road which are comparable to this parcel due to shape and topography. Also, due to the unique chazacter of this parcel and the availability of property in this corridor, approval of this request will not create a precedent to rezone other parcels. 3. Development of this property will improve the general area by cleaning up a parcel of unmaintained property. The existing cut slopes on the north and south of the pazcel will soften the visual effect of the development on Route 221. The combination of vertical sepazation and screening and buffering required by the ordinance effectively isolate this property from the adjoining properties. Water and sanitary sewer services are available to the site and the project places no unusual demands on these services. No impact is anticipated on public services, roads. schools, pazk/recreation, or fire and rescue. ' WATER & S~WE'R S~ZVICE REQUEST FORM _ ICAI~TT IIJFORMATION 7J" _ TE : ~ ~ ~7L1_y 9 h APPL - - (Please Type or Print) Wayne Ayers ET UX CO3~LETE MAILING ~DPL=CANT: Tr7illiam Lange ET~ DUX ADDRESS: 5175 Peters Creek Road PHONE: 56~_9~ 00 Roanoke, Va. 34019 Flayne Ayers ET UX Ot~-NER: William Lange ET UX P~iONE : 563-9100 AGENT: P~-iONE P..DDRESS: 5175 Peters Creek Road Roanoke, Va. 24019 P~DRESS SITE INFORMATION DEVELOPMENT NAME: Gas retail facility for Step Tn Fend SterP~ LOCATION (FURNISH COPY OF MAP) : Wes - sic3 - Rt_ 221 2~i(l' Senth of P1Pa~ant- Hi 11' Drive ~X MAP NO.: 86.08-04-16.02 A SAGE ~ 0.9 2 ZONED : C _ 1 TOTp~ UNITS : - TOTAL LOTS : - REQUESTED SERVICES: WATER FACILITIES: COUNTY: 5/8"meter WELL: Sr,WER FACILITIES: COUNTY: 4" lateral SEPTIC SYSTEM: IS BUILDING TO BE SPRINKLED? Flo ~ FLOW REQUIRED? G . P . M. DESCRIPTION OF WORK (Include any Specific Questions): 'Minimum water & sewer service for ±600 SF retail facility. 6•~~ SIGNATURE OF LICANT * * APPLICATION MUST BE FILLED OUT COMPLETELY BEFORE IT CAN BE PROCESSED , ALL HIGHLIGHTED SECTIONS MUST BE COMPLETED OR THIS FORM WILL BE REZ*URNED . ~ ~~ ~ ~'. / ~1 , ~/ -T'/. ~ `/ / /' 12~//IIA ~l t ! I ~I i' i ~ ~~ i ~~' 111 ~ 6 ; ~ 25 / ! ` %i -~ ~- jam. IOA' r ~~ ~ / 1 tl ,l~ j. - ~ ?o- / t I~ ~_.. :~ i - 9~' f ~. / ~ it I a l \ (o 1~ ~ r ~ ~~ _ y / pOf j ~ . ~~ 4 ~ 27- ~~ ~F .- 6/ .ii W ~ ~ ' 1 ,. . ,. .. ~~ ." F ., ~ ~ rf t 1 a1 2 r .. ~ -6„ ~°~!~_ /(. ~t ~ m ~8 ~ 7 1~~ 5 ` r , 6 , f .; , ,! I' ~ V ,y `~ ,. _ ~ x, 'fi / ~ ' ~\ X10 ' .~ '~ ~~~.} ~",' 1 . ~ ~ -- ~ '';.IIA ~ I ~~ ~~~ ,,. 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ACTION NUMBER ITEM NUMBE "'/ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 24, 1996 SUBJECT: Appointments to Committees, Commissions and Boards COUNTY ADMINISTRATOR'S COMMENTS: ~ GRIEVANCE PANEL The two year term of Raymond C. Denney, Alternate, will expire October 10, 1996. SUBMITTED BY: APPROVED BY: `~a~ ~ ~~ Mary H. Allen, CMC Elmer C. Hodge Clerk to the Board County Administrator ---------------------------------------------------------------- ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Received ( ) Ref erred ( ) To ( ) Eddy _ Harrison _ Johnson _ Minnix _ Nickens _ - ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 24, 1996 RESOLUTION 492496-2 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM L - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for September 24, 1996 designated as Item L - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 7, inclusive, as follows: 1. Approval of minutes - August 13, 1996, August 24, 25, 1996, August 27, 1996. 2. Confirmation of appointments to the Metropolitan Transportation District Study Committee and the Fifth Planning District Commission Legislative Committee. 3. Request to retain a Police Department vehicle to be restored by vocation education students and used for special projects. 4. Appropriation of $6,020 grant funds from the Allstate Foundation to the Fire and Rescue Department. 5. Request from School Board for appropriation of $1,000 grant from the Education Foundation for William Byrd High School Saturday School. 6. Resolution of support for STEP 21 federal legislation (ISTEA Reauthorization). 7. Resolution of support for Governor George Allen's Fall River Renaissance campaign. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items 1 r the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Johnson to adopt the Consent Resolution without Item 6, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None On motion of Supervisor Eddy to adopt a revised resolution for Item 6, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: G~ Brenda J. olton, Deputy Clerk Roanoke County Board of Supervisors cc: File John Cease, Chief of Police Richard Burch, Chief, Fire & Rescue Dr. Deanna Gordon, School Superintendent Diane D. Hyatt, Director, Finance 2 PLACED IN FILE FOR INFORMATION PURPOSES ACTION NO. A-092496-2.a ITEM NUMBER L-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER MEETING DATE: September 24, 1996 AGENDA ITEM: Approval of minutes - August 13, 1996, August 24, 15, 1996, August 27, 1996 1 August 13, 1996 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 August 13, 1996 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the second Tuesday, and the first regularly scheduled meeting of the month of August, 1996. IN RE: CALL TO ORDER _ Chairman Johnson called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Harry C. Nickens, Supervisors Lee B. Eddy, Fenton F. "Spike" Harrison, H. Odell "Fuzzy" Minnix MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Green, Director, Community Relations IN RE: OPENING CEREMONIES The invocation was given by Mr. F. Douglas Sweetenberg, Sheriff's Office. The Pledge of Allegiance was recited by all August 13,1996 ~~ ~ _.____ ~.-.________.~._._.__Y___. __~ ~...~..2._______.~..__._~.._____~._..__...____._~ .-.,-.m_ .._.~.__~_._ _A.-..w_~...__._.~_ __..-.w____~_.___._~... IN RE: BRIEFINGS ~ Results of the 1996 Citizen Satisfaction Survey. (Anne Marie Green, Community Relations Director) Ms. Green reported that this was the third survey sponsored by the County and was conducted by Martin Associates. The results were outstanding and very similar to the two previous surveys. The grades-improved and departments received 3 A-'s, it B+'s, 7 B's, 2 B-'s and 3 C+'s. The highest ranked services were fire, rescue and libraries, followed by the police department. The three lowest were Planning and Zoning, road maintenance, and the Commissioner of the Revenue. In recognition of their high marks, Library Director Spencer Watts introduced his staff and Fire and Rescue Chief Rick Burch introduced Chief Tommy Fuqua and his staff. Ms. Green advised that focus groups will be established to study the departments with low grades. Supervisor Eddy suggested doing the next survey at a different time of the year in order to receive more responses. IN RE: NEW BUSINESS .~ Request from the Fifth Planning District Commission to establish a Regional Steering Committee to examine provisions of the 1996 Regional Competitiveness Act (Rick Morse, Public Policy Intern) August 13, 1996 RESOLUTION 081396-1 IN SUPPORT OF THE FIFTH PLANNING DISTRICT COMMISSION'S ESTABLISHMENT OF A REGIONAL STEERING COMMITTEE TO EXAMINE THE PROCE53 FOR DEVELOPING A REGIONAL PARTNERSHIP UNDER THE PROVISIONS OF THE 1996 REGIONAL COMPETITIVENESS ACT. WHEREAS, Chapter 26.3 of the Title 15.1 of the Code of Virginia (the Regional Competitiveness Act of 1996) calls for the creation of regional partnerships; and WHEREAS, the regional partnerships created by the Regional Competitiveness Act are to be based on planning district boundaries; and WHEREAS, each regional partnership is to develop a regional strategic economic development plan that identifies the critical issues of economic competitiveness for its region; and ..WHEREAS, each regional partnership shall issue an annual report describing the region's progress with respect to median famiYy income and job creation and its progress in addressing the critical issues of economic competitiveness identified in the regional strategic economic development plan; and WHEREAS, each regional partnership shall identify existing and proposed joint activities between and among the governments of the region; and WHEREAS, the Fifth Planning District Commission is an association of the Cities of Clifton Forge, Covington, Roanoke and Salem; the Counties of Allegheny, Botetourt, Craig and Roanoke; and the Town of Vinton; and WHEREAS, the Fifth Planning District Commission has encouraged local governments to work together for their mutual benefit and the benefit of the Commonwealth; and WHEREAS, the Fifth Planning District has carried out a variety of programs to improve the economic competitiveness of the region including the preparation of overall economic development plans; and WHEREAS, the Fifth Planning District Commission monitors and reports on major trends and conditions within the region and maintains a familiarity with existing and proposed joint activities within the region; and WHEREAS, the Fifth Planning District Commission has expressed a willingness to coordinate the creation of a regional August 13,1996 Contracting then appealed the denial. Mr. Kevin Blair, attorney representing Wayne Dixon, was present. He explained that Mr. Dixon came back from a trip out of the country and hurriedly prepared his bid, and as a result, mistakes were made. He presented a document outlining the bid and the mistakes made by Mr. Dixon. Supervisor Nickens questioned whether this should be discussed in executive session or in work session to allow the Board members time to review the document. Mr. Hodge also expressed concern about receiving information that staff did not have an opportunity to review. He suggested referring the issue back to staff until the next meeting. Following discussion, it was decided to postpone action until later in the meeting to allow staff to meet with 'the attorney and review the document. Following approval of Reports on the agenda, this issue was again brought before the Board. There was additional discussion on what constitutes a clerical error in a bid. Supervisor Nickens pointed out that Dixon Contracting can withdraw their bid, and forfeit $16,000 in bid bond penalty, but they are requesting that they be allowed to withdraw because of a clerical error, for which the bid bond would not be forfeited. Supervisor Harrison moved to deny the appeal to withdraw bid. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None August 13, 1996 S~7 therefore declining to submit the complaints to the FCC. ~. Request to_ appropriate funds to VMLjVACo for County share of assessment for American Electric Power Negotiations. (Amber Buckowsky, Roanoke County Intern) A-081396-3 Ms. Buckowsky, a Red Cross volunteer intern, advised that the VML/VACo Appalachian Power Company, now known as American Electric Power (AEP) Steering Committee, was established to negotiate reduced electric services charges with AEP for the local governments. Roanoke County's current contract was approved in 1994 and expired July 30, 1996. AEP has proposed a new three-year contract with rates frozen at their present level. Due to the costs of consultants, legal fees and other expenses, each local government is asked to contribute its share of the cost which is determined by its proportionate use of electricity. Roanoke County's fee assessment is $9,735. Staff recommended approval to pay the negotiating fee from the Board Contingency Fund. Supervisor Nickens requested that the funding not come from the Board Contingency Fund but should be funded from the existing budget. Supervisor Minnix moved to approve the $9,735 expenditure and that Mr. Hodge is to find the necessary funds to cover the fee. The motion carried by the following recorded August 13,1996 NAYS: IN RE: None FIRST READING OF ORDINANCES ~ Ordinance authorizi~a the conveyance of a 10 foot gas line easement to Roanoke Gas Company across a portion of the Public Service Center. (William Rand General Services Director) Mr. Rand reported that Roanoke Gas Company has requested an easement across a portion of the Kessler Mill Public Service Center to extend gas service to an area not presently serviced. The proposed easement would not affect any operation at Kessler Mill either current or future, and would run through an unpaved parking area. Departments housed in the Service Center have. been contacted and they are unopposed. Supervisor Eddy noted that the Board report indicated a 20 foot easement but the ordinance listed a 10 foot easement. Property Manager John Willey explained that 10 feet was a permanent easement and 10 feet was a temporary easement. Supervisor Harrison moved to approve the first reading with changes to make the easement consistent to be made to the ordinance by the second reading on August 27, 1996. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None -' August 13, 1996 7 item separately set forth in said section designated Items 1 through 4, inclusive, as follows: 1. Approval of Minutes - June 11, 1996, June 25, 1996, July 9, 1996 (Joint Meeting with Roanoke City Council), July 9, 1996 (regular meeting) 2. Confirmation of committee appointment to the Social Services Advisory Board. 3. Request from the Sheriff's Department to accept and appropriate the Adult Literacy and Basic Education Program grant. 4. Request for acceptance of Lost Drive and Lost View Lane into the Virginia Department of Transportation Secondary System. 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 Nickens to adopt the Consent Resolution after discussion of Item 3 and correction to Item 1, and carried by the following recorded vote:. AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 081396-4.c REQUESTING ACCEPTANCE OF LOST DRIVE AND LOST VIEW LANE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Additions Form SR-5(a), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. and August 13, 1996 updated the Board about the project. (5) He requested an update from the staff on concerns regarding the new swimming pool ordinance. Mr. Hodge responded that he knew of no complaints but would check with the Health Department and report back. (6) He announced that there was an illegal sign and banner at the McDonald's at Oak Grove Plaza that has not yet been removed. Supervisor Minnix: He suggested that the Board consider locating a firing range in South Roanoke County or Franklin County that would be include all localities (counties, cities and towns) adjacent to Roanoke County. He suggested that a committee be established to study a joint firing range with the ultimate goal of a regional police department. Mr. Hodge will work with the other localities to evaluate potential sites. - Supervisor Harrison: (1) He has received calls from residents on Timberview road concerning Roanoke City's plan for a firing range at Carvins Cove and requested that the City and County restudy the issue. (2) He expressed appreciation for setting a work session with American Electric Power to discuss the proposed 745KV transmission line. (3) He brought back charcoal from upstate New York for Tim Gubala, a former resident of that area. ,Supervisor Johnson: (1) He reminded the Board members about the planning retreat on August 24 and 25. (2) He expressed ongoing concern about the conditions of the median strips when compared to Salem and Roanoke City. Supervisor Nickens again August 13, 1996 IN RE: WORR SESSION ,~ Cable Television issues ~ 1996 Telecommunications Act Joseph Obenshain, Senior Assistant County Attorney, advised the Board that the Telecommunications Act of 1996 will have significant implications for Roanoke County and will affect cable television, personal communication services which are similar to cellular phone services, restrictions to dishes and towers in the zoning ordinance, and telephone competition and service. He explained that the regulations are still being written.- Supervisor Eddy noted that Counties had no authority at the present time to require franchises for the' operation of telecommunications related businesses except for cable TV, and suggested that inclusion of counties be added the our VACo legislative proposals. Mr. Obenshain was advised to keep the Board informed on regulations being prepared. ~ Status report on Cox Cable BPOL Tax Mr. Hodge presented a chart showing comparisons of local utilities and what their tax liabilities were. Following discussion, Mr. Hodge was asked to bring back a chart with more detailed information including dollars. Supervisor Nickens requested that staff check on short-term rental for video stores such as Blockbuster. Mr. Hodge was also requested to get more information on the Cox Cable settlement of BPOL taxes with August 13, 1996 AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: CERTIFICATION OF EXECUTIVE SESSION R-081396-5 Supervisor Minnix moved that the Board came out of Executive Session at 8:00 p.m. and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 081396-5 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 Minnix to adopt the August 24, 25, 1996 Roanoke County Board of Supervisors Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 August 24, 25, 1996 The Board of Supervisors of Roanoke County, Virginia, met these days at the Holiday Inn-Tanglewood, this being an adjourned meeting from August 13, 1996 for the purpose of a Board of Supervisors Planning Retreat. IN RE: CALL TO ORDER Chairman Johnson called the meeting to order at 4:00 p.m. on Saturday, August 24, 1996. The roll call was taken. MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Harry C. Nickens, Supervisors Lee B. Eddy Fenton F. "Spike" Harrison, H. Odell "Fuzzy" Minnix, MEMBERS ABSENT: None OTHERS PRESENT: Facilitator Dr. Lee Bowman (arrived at 4:15 p.m.) The retreat was recessed on Saturday August 24 at 9:10 p.m., and reconvened at 9:00 a.m. on Sunday, August 25. IN RE: GUIDELINES AND PROCESS FOR RETREAT The Board members and facilitator set the guidelines and the process for the retreat. They determined that the meeting would be: informal, participatory, respectful, and only August 24, 25, 1996 ~~ ~ the physical plant inadequacies, age of the facilities, and lack of computers. They also recommended a better information program involving both the School Board and Board of Supervisors. They agreed to request information and the minutes from the School Board on the School Comprehensive Facilities Study Committee. ~. Relationship between the Board of Supervisors and School Board The Board discussed problems in the relationship between the Supervisors and School Board members. They offered suggestions such as joint planning and agreement to a mutual plan, less political posturing, scheduling of a retreat to foster team development; a better understanding by the School Board of the myriad of issues the Supervisors face in addition to schools. They recommended looking at efficiencies that could be found such as combining similar services, and improving the avenues of communication and understanding of the budget process. 4. Relations with other boards and commissions There was a discussion on relationships with other boards and commissions, particularly the Parks and Recreation Advisory Commission. There was consensus to establish a regular meeting schedule with the Parks and Recreation Advisory Commission to share thoughts and future needs. ~. Emotionally Charged Issues The Board discussed issues which sometimes cause L--°-- Au st 27 1996 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 August 27, 1996 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday, and the second regularly scheduled meeting of the month of August, 1996. IN RE: CALL TO ORDER Chairman Johnson called the meeting~to order at 3:0o p.m. The roll call was taken. MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Harry C. Nickens, Supervisors Lee B. Eddy, Fenton F. "Spike" Harrison, H. Odell "Fuzzy" Minnix MEMBERS ABSENT: None STAFF PRESENT: John M. Chambliss, Assistant County Administrator; Paul M. Mahoney, County Attorney; Brenda J. Holton, Deputy Clerk; Don C. Myers, Assistant County Administrator; Anne Marie Green, Director, Community Relations IN RE: OPENING CEREMONIES The invocation was given by the Reverend James W. Reynolds, Retired, United Methodist Church. The Pledge of Allegiance was recited by all present. WHEREAS, the Registrar's Office performs their responsibilities with great public respect, and received one of the highest ratings in the recent Citizen Satisfaction Survey; and WHEREAS, under her direction, the Registrar's Office instituted computerized record keeping, implemented the provisions of the National Voter Registration Act, and initiated on-going tests of electronic voting alternatives for future use; and WHEREAS, Ms. Leah has served as President and in many other capacities with the Voter Registrars Association of Virginia; and WHEREAS, Ms. Leah through her employment with Roanoke County has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to ELIZABETH LEAH for twenty six years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 2 .. Recognition of Sheila Rose Dool ~ for being named Public Emulovee of the Year by the Roanoke Vallev Regional Iiomebuilders Association Chairman Johnson presented Ms. Dooley with a Certificate of Recognition. This award is presented annually by the Homebuilders to a public employee whom they consider an asset to the building community and exhibits a helpful and knowledgeable attitude. Atl~u~t 27~ 1.~-9~~..~._... e., v .. ~. .... ..._ ..... _ _ . .ri,_ . _N..._ .~~T__. ~~..a~~.. _~...~., ..:_:.~ ...~ On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens NAYS: None ABSTAIN: Supervisor Johnson 2. Authorization to apply to the Virginia Public School Authoritv for 51,300,000 previously, approved to complete Northside High School G~mnasiumfAuditoriumjClassrooms. (Diane Hyatt, Director of Finance.) R-082796-3 Ms. Hyatt advised that on May 14, 1996, the Board of Supervisors appropriated $2.8 million for the completion of the Northside School Project. This amount consisted of $1.5 million from a literary fund loan already received and $1.3 million to be borrowed from the 1996 Fall VPSA Bond sale. The School Board approved authorizing the application to VPSA on August 22, 199.6, and .she requested that the Board of Supervisors adopt a resolution of approval. School Superintendent Deanna Gordon responded to questions about the facade being constructed at the front entrance of Northside High School, and explained that this was one of the thirty capital improvement projects in the 1995 VPSA bond. Supervisor Harrison moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 082796-3 AUTHORIZING AN APPLICATION TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY 27, 1996 WHEREAS, the Roanoke County School Board and the Board of Supervisors 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 of Roanoke in an amount not to exceed $1,300,000 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: 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 1996 VPSA bond sale. 2. The Board of Supervisors. adopts this declaration of official intent under Treasury Regulations Section 1.150-2. The Board of Supervisors reasonably expects to reimburse advances made or to be made by the County or the school board to pay the costs of acquiring, constructing and equipping the capital improvements for school purposes from the proceeds of its debt or other financings. The maximum amount of debt of other financing expected to be issued for such improvements is $1,300,000. 3. This resolution shall take effect immediately. On motion of Supervisor Harrison to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 3. Authorization to submit the previously approved sunnlemental Literary Fund Application for Fort Lewis Elementary School in the amount of 5535,459 _(Diane Hyatt, Director of Finance) ~i-082796-4 Ms. Hyatt advised that in June, 1994, the County and County Schools applied for a $1,300,000 literary loan for Fort Lewis Elementary School, and after receiving constructions bids August 27, 1996 ~~~ WHEREAS, the Roanoke County School Board and the Board of Supervisors 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 of Roanoke in an amount not to exceed $1,300,000 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: 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 1996 VPSA bond sale. 2. The Board of Supervisors adopts this declaration of official intent under Treasury Regulations Section 1.150-2. The Board of Supervisors reasonably expects to reimburse advances made or to be made by the County or the school board to pay the costs of acquiring, constructing and equipping the capital improvements for school purposes from the proceeds of its debt or other financings. The maximum amount of debt of other financing expected to be issued for such improvements is $1,30,0,000. . ~ 3. This resolution shall take effect immediately. On motion of Supervisor Harrison to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 3_ Authorization to submit the Ureviously a~uroved Supplemental Literary Fund Application for Fort Lewis Elementary School in the amount of 5535459 1Diane Hyatt, Director of Finance) A-082796-4 Ms. Hyatt advised that in June, 1994, the County and County Schools applied for a $1,300,000 literary loan for Fort Lewis Elementary School, and after receiving constructions bids August 27, 1996 ~ agreement with the FDETC on March 28, 1995, to use County property as a Community Resource Center. The FDETC's grant from the Department of Labor will expire August 31, 1996, and they are seeking another grant to continue services. The FDETC is asking for a one month extension of the lease until September 30,.1996, and Mr. Duncan asked that the Board approve the resolution authorizing this one month use of the property. Dr. Price, from FDETC, advised that after information is received about the grant, the FDETC may seek a full extension of the lease or relocation of their off ices. Supervisor Minnix moved to adopt the resolution. The motion carried by the following recorded voter AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 082796-5 AUTHORIZING THE EXTENSION OF THE LEASE AGREEMENT WITH THE FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM FOR COUNTY PROPERTY LOCATED AT 3330 VALLEY FORGE AVENUE WHEREAS, by agreement dated the 28th day of March, 1995, the County agreed to lease 3330 Valley Forge Avenue to the Fifth District Employment and Training Consortium (FDETC) for a community resource center; and, WHEREAS, this agreement was authorized by Ordinance No. 31495-5; and, WHEREAS, this agreement provided for the extension of the term upon request from FDETC for an additional fifteen months upon approval of the Board of Supervisors. NOW THEREFORE, BE IT RESOLVED, By the Board of Supervisors of Roanoke County, Virginia, as follows: 1) That FDETC is hereby authorized to extend and 27, 1996 conversion or $547,700. Staff is recommending that: (1) Based upon advice from Slabaugh Morgan White, insurance consultants for the County and Schools insurance plans, approval of the Demutualization Plan and taking the allocation in stock; (2) If Trigon cannot provide a breakdown between County and Schools, shares will be divided based upon number of participants in the plan at June 30, 1996; and (3) These shares will be held as an asset of the self-insured health reserves until it becomes clear whether it is more advantageous to sell or keep and invest, with all savings being allocated to the Health Insurance Fund. Ms. Hyatt asked that the: Board authorize her to make the final decision and return the ballot after reviewing the opinion of the Attorney General which has been requested. After a brief discussion, the Board concurred and asked that Ms. Hyatt keep them fully advised of the situation. Supervisor Johnson moved to affirm that the Director of Finance has the authority to make a decision on voting of the proxy. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: REQUESTS FOR WORK SESSIONS Chairman Johnson advised that: (1) he has requested a retreat meeting with the School Board for sometime in early Fall; (2) the Clerk will be asking for dates to set a meeting that the - ~~ August 27, 1996 _ ~Q~ reading and public hearing before the Board, the request could be delayed. Mr. Covey advised that a meeting was held recently with VDOT officials concerning the proposed improvements to the I-81 corridor, and the opinion was that this site will be substantially affected. At that meeting, Mr. Sensabaugh advised that he would take the recommendation back to VDOT that they move forward with their designs before any of these areas can be developed. Supervisor Minnix asked that Mr. Covey inform the petitioner of these concerns and the actions of the Board. Supervisor Harrison moved to table this item because of the uncertainty about the effect of VDOT improvements to I-81. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 2. Ordinance to rezone 1.11 acres from AR to I-1 to expand an existinct custom manufacturing facility, located at 2056 Loch Haven Drive Catawba Magisterial District ~ upon the petition of Daniel Peters . 3. Ordinance to rezone 2.45 acres from R-1 to R-3 to allow four lots to be served by a private roadway, located o~ the west side o~ Old Cave Suring Road and the south side of Cave Siring Lane, Windsor August 27, 1996 motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 082796-7 AUTHORIZING CONVEYANCE OF A 10' GAS LINE EASEMENT TO ROANORE GAS COMPANY ACROSS PROPERTY RNOWN AS THE ROANORE COUNTY PUBLIC SERVICE CENTER OWNED BY THE BOARD OF SUPERVISORS WHEREAS, the Roanoke County General Services Department is constructing improvements and wash bay facilities on property owned by the Board of Supervisors, said property being located on Kessler Mill Road (Va. St.. Route 630), in the Catawba District of the County of Roanoke and in the City of Salem, known as the County Public Service Center; and, WHEREAS, Roanoke Gas Company requires an easement for the gas line to serve the new facilities, and has requested that said easement extend through the property to the western property line, adjacent to an existing 20' sanitary sewer line~as shown. on the attached drawing marked Exhibit A, in order to provide for future gas service to properties located behind the Service Center; and, WHEREAS, the proposed easement 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 August 13, 1996, and a second reading was held on August 27, 1996. 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 Roanoke Gas Company for the provision of gas service in connection with facilities at the Roanoke County Public Service Center and for provision of gas service in the future to surrounding properties. 3. That donat~.on of an easement for a gas pipeline or lines (with appliances and accessories useful and necessary in connection therewith) across the Public Service Center property, as shown on the attached drawing marked Exhibit A, to Roanoke Gas August 27, 1996 , AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None Supervisor Minnix moved to adopt the resolution in Item 6. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 082796-8 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM L - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for August 27, 1996 designated as Item L - Consent '~ Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 ' t hrou h 7 G, inclusive, as fellows: 1. Confirmation' of appointment to Industrial Development Authority. 2. Request for acceptance of Barley Drive, an extension of Barley Drive, plated under the "West Salem Forest Subdivision," into the Virginia De artment of Trans ortation Secondar S stem. P P Y Y 3. Request from the School Board- to appropriate $75,000 to the School Grant Fund for the Roanoke area Tech Prep Consortium. 4. Request to appropriate funds for. the rental of mobile units at Cave Spring Junior High School. 5. Donation of drainage easements in connection with the Green Valley Bond Project and improvements to the roadside drainage on Sunnyvale Street. 6. Resolution honoring the late Joan Lyons, Social Services Department, for over fourteen years of services to Roanoke County. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said August 27, 1996 --- RESOLUTION 082796-8.f HONORING THE LATE JOAN LYONS FOR OVER FOURTEEN YEARS OF SERVICES TO ROANORE COUNTY WHEREAS, the late Joan Lyons was first employed in November, 1981, as an Eligibility Worker for the Department of Social Services; became a Senior Eligibility Worker in 1984; and was promoted to Eligibility Supervisor in 1989; and WHEREAS, Ms. Lyons supervised the Medicaid Eligibility Program and was instrumental in improving efficiency in Medicaid application processing and preparing the staff for implementation of ADAPT; and WHEREAS, Ms. Lyons was a dependable, loyal and optimistic individual who displayed care and compassion for citizens as well as her staff and fellow employees; and WHEREAS, Ms. Lyons, who retired on disability from Roanoke County on July 1, 1996, and passed away on August 7, 1996, will be greatly-missed by the employees and citizens of Roanoke County. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County wishes to honor her memory and expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to the late JOAN LYONS for' over fourteen years of capable, loyal and dedicated service to Roanoke County: FURTHER, the Board of Supervisors does express its deepest sympathy upon the death of Ms. Lyons to her family. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Eddv• (1) He asked that copies of the minutes and all information regarding the School Board and Blue Ribbon Study Committee be furnished for the Board members. Chairman Johnson advised that a packet of information had been received and that copies of minutes will be provided in the August 27, 1996 provide a report to each Board member, IN RE REPORTS Supervisor Minnix moved to receive and file the following reports after discussion of Item 5. The motion carried by a unanimous voice vote. 1. General Fund Unappropriated Balance ~ Capital Fund Unappropriated Balance 3. Board ContingencX Fund 4. Statement of the Treasurer's Accountability per Investments and Portfolio Policy, as of July 31 ~ 1996. 5s Annual Report on Police Department Traffic Unit Supervisor Eddy advised that the Police Department revenue exceeded .unit costs by $53,118. 6. Accounts Paid - July 1996. IN RE: EXECUTIVE SESSION Mr. Mahoney added item (7) litigation concerning Dixie Caverns Landfill cleanup. At 4:35 p.m.,supervisor Johnson moved to go into Executive Session pursuant to the Code of Virginia Section 2.1- 344 A.(7) Consultation with legal counsel pertaining to contract for Sewage Treatment Plant; (1) Personnel, appointment of individuals to committees; (3) Acquisition of real property for August 27, 1996 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 Minnix to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson . NAYS: None IN RE: SECOND READING OF ORDINANCES 1. Ordinance to rezone 5 acres from R-3 to C-i with conditions to allow commercial uses, located at the terminus of Burlington Drive adjacent to Friendship Manor, Hollins Magisterial District upon the petition of the Industrial Development Authority. (Trent Development) CONTINUED FROM MAY 2 8 , 19 9 6 AND JULY 2 3 , 19 9 6 ) ( Terry Harr ington~ Director of Planning and Zoning) 0-082796-10 Mr. Harrington advised that this request was continued at the July 23 meeting to allow the property owner and applicant to consider submitting a revised proffer that addressed improvements to Burlington Drive. The property owner has submitted a revised proffer that guarantees that Burlington Drive will be improved if future development on this property connects to this road. The Planning Commission originally denied this request but staff now believes that this revised proffer addresses their primary concerns. There were no citizens present to speak on this issue. August 27, 1996 (1) If Burlington Road is used for access to the subject property, then Burlington Road shall be improved to standards as specified by the Virginia Department of Transportation (VDOT) and the Roanoke County Department of Engineering. All improvements shall be completed prior to the issuance of a Certificate of Occupancy for the first phase of any development on the site. 4. That said real estate is more fully described as follows All that certain lot, piece or parcel of land, located in the County of Roanoke, .Virginia, containing 5.0 acres according to plat of survey dated October 31, 1980, by Raymond C. Weeks, and according to which said property is more particularly described as follows: BEGINNING at a concrete monument at the southwesterly corner of Lot 20 as shown on the map of R. E. Dillard Farm, made by. C. B. Malcolm, SCE, dated June 18, 1937, of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 2, Page 106; thence N. 26 deg. 02' W. 352.94 feet to an iron pin; thence N. 63 deg. 58' E. 700.0 feet to an iron pin; thence S. 26 deg. 02' E. 271.54 feet to an iron pin; thence S. 57 deg. 52' W. 234.66 feet to an iron pin; thence S. 57 deg. 04' W. 470.08 feet to the Place of Beginning, and being the southerly portion of Lots 14, 15, 16, 17, 18, 19, and 20, according to the above described map of the R. E. Dillard Farm. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district. map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES .~ Ordinance declarincx a parcel of real estate to be August 27, 1996 price would have been lower. Mr. Mahoney advised that the lot was first advertised with sewer available and when it was determined that it was not, that fact was disclosed to those who were involved or expressed interest. Supervisor Johnson asked that the availability of public utilities be determined for all well lots. Mr. Larry Lyons, 5727 Pencjuin Drive, representing Mr. Hill, stated that the price of the lot should be reduced $7,000 from the appraised price of $16,500, and sold for the market value of $9,500. Supervisor Eddy moved to adopt the ordinance accepting the offer of William E. Hill for $9, 500 . The motion carried by the following recorded vote: AYE5: Supervisors Eddy, Minnix, Harrison, Johnson NAYS: Supervisor Nickens ORDINANCE 082796-11 DECLARING A PARCEL OF REAL ESTATE TO BE SURPLUS AND ACCEPTING AN OFFER FOR THE SALE OF SAME; NAMELY THE CRESTWOOD PARR WELL LOT, TAX MAP NO. 76.16-2-13 BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject property, having been made available for other public uses before permitting disposition by sale, is hereby declared to be surplus. 2. That an advertisement for bids for the sale of surplus real estate was advertised in the Roanoke Times & World News on April 9, 1995 and July 14, 1996. Notice has also been mailed to the adjoining property owners. August 27, 1996 ~ ~ ~ 0-082796-12 Mr. Harrington advised that this is a request to operate a day care center, and is consistent with the Roanoke County Zoning Ordinance and the Roanoke County Land Use Plan. The petitioner has offered one condition that the outside play area will be fenced as shown by the hatched area on the concept plan. The Planning Commission recommended approval with. th.e condition. y Supervisor Eddy asked that the wording of the condition be changed to reflect that a wooden privacy fence would be installed on both sides, and a chain link fence in the back. Nora R. Sarver, 3352 Valleyview Avenues petitioner, advised that it was her intent to fence the property as described by Supervisor Eddy, including a chain link fence in the front, and she has no objection to clarifying the condition. Supervisor Johnson moved to adopt the ordinance with the condition revised as follows: The. outside area will be fenced, as shown on the submitted concept plan, with a wooden privacy fence along the two .sides, a chain link fence along the back and a chain link fence in front. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 082796-12 GRANTING A SPECIAL USE PERMIT TO August 27, 1996 7425 and 7502 Old Mill Road. Windsor Hills Magisterial District, upon the petition of blister Sowder. (Terry Harrington, Director of Planning and Zoninct) 0-082796-13 Mr. Harrington advised that this is a request for a special use permit to construct a church. The site is in a rural residential area and is consistent with the Rural Village land use designation of the .Roanoke County Comprehensive Plan. The entrance to the site will be decided upon during site plan review. The Planning. Commission recommended approval of the request with one condition: That construction of the permanent facility shall begin within ten (10) years of the issuanceiof the special use permit; otherwise the applicant will have to reapply for a special use permit. There were no citizens to speak on this issue. Supervisor Eddy advised that he was concerned that the petitioner would leave the temporary structure on the site once the permanent facility is completed. He moved to adopt the ordinance with the condition revised as follows: The pre- fabricated temporary building shall be removed from the site within ten (10) years of the issuance of the special use permit; otherwise, the applicant will have to reapply for a special use permit. Ms. Pat Miley, from Balzer and Associates, representing August 27, 1996 (1) Construction of the permanent facility shall begin within ten (10) years of the issuance of the special use permit; otherwise, the applicant will have to reapply for a special use permit. On motion of Supervisor Eddy to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ~. 0-082796-14 Ordinance to rezone approximately 5 5 acres from I-1 and C-1 to C-2 with conditions and obtain a Special Use Permit to construct assisted livincr and elderly housing facilities, located _approximately 0 1 mile north of the intersection of Route 460 and Daugherty Road. Catawba Macristerial District, upon the ~ petition of Richfield Retirement Community (Terry Harrington, Director of Planning and Zonincr) Mr. Harrington advised that this is a request to rezone property and obtain a special use permit to construct a maximum of two building; one a dementia specific (Alzheimer's) assisted living facility supplementing and augmenting existing Richfield Retirement community facilities. The recommended condition is that development of the property shall be in substantial conformity with the submitted concept plan. The Planning Commission recommended approval with the condition. There was no August 27, 1996 3. That the owner of the. property has voluntarily proffered in writing the following condition which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) Development of the property shall be in substantial conformity with the submitted schematic site plan prepared by Martin and Associates dated June 26, 1996. 4. That the Board finds that the granting of a special use permit to Richfield Retirement Community to construct assisted living and elderly housing facilities located approximately 0.1 mile north of the intersection of Route 460 and Daugherty Road in the Catawba Magisterial District is substan- tially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of ~ 15.1-456 (b) of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved; and 5. That said real estate is more fully described as follows: "New Lot B" as shown on Resubdivision for County of Roanoke, prepared by T. P. Parker dated July 11, 1996. 6. That this ordinance shall be .in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Harrison to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None .~ Ordinance to rezone 0 82 acre from R-3 to C-1 to construct professional offices, located at 3422 Ogden Road, Cave Spring Magisterial District, upon the betition of Barry L Marsh (Terry August 27, 1996 held August 27, 1996; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on August 6, 1996; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 0.82 acre, as described herein, and located at 3422 Ogden Road (Tax Map Number 77.15-1-3) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of R-3, Medium Density Multi-Family Residential District, to the zoning classification of C-1, Office District. 2. That this action is taken upon the application of Barry L. Marsh. 3. That said real estate is more fully described~as follows: _ BEGINNING at the northeasterly corner tif'the 0.04 acre parcel conveyed to G. C. Loyd and Mary A..~ Loyd by H. W. Loyd and Goldie K. Loyd by deed dated fund'°8, 1972, of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 946, page 416, on the present southerly side of Ogden. Road (Secondary Route 681).; thence with a line in an easterly direction 25 feet southerly from the center line of said road about 50 feet to an angle point; thence continuing with the southerly side of Ogden Road in an easterly direction, diverging from the center line of same, and with the center line of the old road, passing the easterly side of the original Loyd 3 acre tract at about 82 feet, in all about 83 feet, to a point on the easterly side of the .02 acre parcel conveyed by deed dated August 4, 1954, to Gordon C. Loyd from Pierson H. Gould, et us., and conveyed to Gordon C. Loyd and Mary H. Loyd by deed dated December 5, 1975, of record in aforesaid Clerk's Office in Deed Book 1052, page 827; thence S. 25 deg. 22' W. about 130 feet to a point; thence N. 79 deg. 59' W. 15.0 feet to a point; thence S. 31 deg. 00' W. about 135 feet to a post; thence N. 71 deg. 33' W. 119.11 feet to a point; thence N. 31 deg. 00' E. 199.24 feet to an iron stake, crossing a A-092496-2.b ACTION NO. ITEM NUMBER L-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER September 24, 1996 AGENDA ITEM: Confirmation of Committee Appointments to the Metropolitan Transportation District Study Committee and the Fifth Planning District Commission Legislative Committee COUNTY ADMINISTRATOR'S COMMENTS: ~ etropolitan Transportation District Study Committee Supervisor Johnson nominated M. Caldwell Butler, Steve Musselwhite and Supervisor Harry Nickens to serve. ~ Fifth Planning District Commission Legislative Committee Supervisor Johnson nominated Alfred C. Anderson to serve. Mr. Anderson has been contacted and he is willing to serve. It is recommended that the above appointments be confirmed by the Board of Supervisors. Respectfully submitted, y~-~,+.~-.~' ~Qt~e..~.cJ Mary H. Allen, CMC Clerk to the Board Approved by, ~~ Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Bob L. Johnson to No Yes Abs Denied ( ) approve Eddy .~ Received ( ) Harrison x Referred ( ) Johnson x To ( ) Minnix x Nickens x cc: File Metropolitan Transportation District Study Committee Fifth Planning District Commission Legislative Committee . r A-092496-2.c ITEM NUMBER ~-' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 24, 1996 AGENDA ITEM: Request to retain a Police Department vehicle to be restored by vocational education students and used for special projects. COUNTY ADMINISTRATOR'S COMMENTS: '~ ~~~~ ~~ UMMARY OF INFORMATION: The Roanoke County Police Department began operations on July 1, 1990 at 12:01 A.M. Many police officers proceeded to their assigned areas in new 1990 Chevrolet patrol cruisers which were marked with distinctive colored striping, County seal, and agency lettering. The very first RCPD vehicle is still in service with the department but will be retired in the near future. The department proposes to recondition the first Chevrolet delivered to the police department and utilize it for special projects and public display during County functions. This proposal is similar to the 1930's Seagrave Fire Truck used by the Fire and Rescue Department for ceremonial activities. This automobile will not be utilized for agency operations. The reconditioned vehicle should not be counted against the police department's total allotment of cars. FISCAL IMPACT: The costs associated with this project will be minimal as vocational education students will complete the restoration as a school project. STAFF RECOMMENDATION: Staff recommends that the Board authorize the use of the retired police department vehicle for ceremonial use and that the vehicle not be included in the police department allotment of cars. SUBMITTED BY: APPROVED: Po ~~ H. Cease Elmer C. Hodge, r. Chief of Police County Administrator ~.,-- Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: Bob L. Johnson to approve VOTE No Yes Abs Eddy x Harrison ~ Johnson x Minnix x Nickens x cc: File John Cease, Chief of Police Diane D. Hyatt, Director, Finance William J. Rand, III, Director, General Services John Willey, Fleet Manager A-092496-2.d ACTION N0. ITEM NUMBER ~~° AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEET,~G PATE: September 24, 1996 AGE~~TEM: Request to Appropriate the Grant Monies Received from the Allstate Foundation for use by the Department of Fire and Rescue COtZ~t'T.~ ,pDMINIS'~~ATOR' S ~Q~dk,~I',I'.~ /~ `2E~ At the September 10 meeting of the Board of Supervisors, Kellie Powell from Allstate presented a grant for $6,020 to the Department of Fire and Rescue Office of Fire Prevention to purchase an Animated Fire Truck Replica Robot for Educational programs. 'The Board of Supervisors acknowledged the receipt of the grant during the briefings portion of the meeting and we need to officially receive the monies and appropriate its use to the Department of Fire and Rescue for the purchase of the truck. The Allstate Foundation has awarded the grant in the amount of $6,020 to the County of Roanoke's Department of Fire and Rescue, Office of Fire Prevention, The grant needs to be appropriated to allow the purchase of the truck. ~ECOMMFNDATION: Staff recommends that the Board of Supervisors officially accept the grant and appropriate the money to the Department of Fire and Rescue Office of Fire Prevention for the purchase of the truck. Respectfully submitted, Appro d by, ohn M. Chamblis~, Jr. ~ Elmer C. Hodg Assistant Administrator County Administrator ---------------------------------------------------------------- Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: Bob L. Johnson to improve VOTE No Yes Abs Eddy x Harrison x Johnson x Minnix x Nickens _~ cc: File John M. Chambliss, Jr., Assistant Administrator Diane D. Hyatt, Director, Finance Richard Burch, Chief, Fire & Rescue ~, A-092496-2.e ACTION # ITEM NUMBER LS MEETING DATE: September 24, 1996 AGENDA ITEM: Request for Appropriation to the School Operating Fund COUNTY ADMINISTRATOR' S COMMENTS : ~yy~~+C ~' '""'`.~~`~ ~b ~~ BACKGROUND: The Roanoke County School Board has received $1,000 from the Education Foundation. The funds will be designated for the William Byrd High School Saturday School as part of its remediation plan. The program is for targeted students who need extra help on long-range written assignments. FISCAL IMPACT: None STAFF RECOMMENDATION: Staff recommends appropriation of $1,000 to the S hool Operating Fund. J y rig ervis r of Fede 1 Programs and Remediation Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) ~~~ /~~ - Elmer C. Hodge County Administrator ACTION Motion by: Bob L. Johnson to approve VOTE No Yes Abs Eddy x Harrison x Johnson x Minnix ~ Nickens x cc: File Dr. Deanna Gordon, School Superintendent Diane D. Hyatt, Director, Finance a, ~ J FROM THE MINUTES OF THE COUNTY SCHOOL BOARD OF ROANOKE COUNTY MEETING IN REGULAR SESSION AT 7 P.M. ON SEPTEMBER 12, 1996 IN THE LIBRARY OF GLENVAR HIGH SCHOOL RESOLUTION REQUESTING APPROPRIATION BY THE BOARD OF SUPERVISORS TO THE SCHOOL OPERATING FUND FOR REMEDIATION PURPOSES WHEREAS, the Roanoke County Schools has received a donation of $1,000 from the Education Foundation designated for the remediation program; and WHEREAS, the funds have been designated for the William Byrd High School Saturday School as part of its remedial plan; NOW THEREFORE BE IT RESOLVED, that the County School Board of Roanoke County, Virginia requests an appropriation in the amount of $1,000 by the Board of Supervisors of Roanoke County to the school operating fund for the above stated purpose. Approved on the motion of Mr. Stovall and duly seconded, and on the following recorded vote: AYES: Jerry L. Canada, William A. Irvin, III, Marion G. Roark, Michael Stovall, Thomas A. Leggette NAYS: None TESTE: ,Clerk c: Diane Hyatt Penny Hodge L-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE PY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 24, 1996 RESOLUTION 092496-2.f OF SUPPORT FOR THE ISTEA INTEGRITY RESTORATION ACT (HR3775). WHEREAS, the Intermodal Surface Transportation Efficiency Act (ISTEA) was adopted by the Congress in 1991; and WHEREAS, said act authorizes funding for highway construction, highway safety programs, and mass transit and other transportation related projects, and is due to expire September 30, 1997; and WHEREAS, there are several thoughts on how this act should be reauthorized; and WHEREAS, The Commonwealth of Virginia is a member of the coalition of 19 states called STEP 21 that is proposing the ISTEA Integrity Restoration Act; and WHEREAS, the Virginia Department of Transportation supports HR3775; and WHEREAS, the Commonwealth of Virginia and the County of Roanoke will receive more funding from the Highway Trust Fund under this proposal; and WHEREAS, the provisions of the "ISTEA Integrity Restoration Act" HR3775 generally seem to be most favorable to the interests of Roanoke County citizens; and WHEREAS, the Enhancement Program of ISTEA has great potential benefit for all the Roanoke area and western Virginia in promoting alternative forms of transportation, preservation and enhancement of scenic and historic sites, beneficial use of abandoned railway 1 corridors, control of outdoor advertising, archaeological planning and research, and mitigation of highway related pollution. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County supports the ISTEA Integrity Restoration Act HR3775 and recommends that components be included at the federal or state level that will continue the work of the ISTEA Enhancement Program; and BE IT FURTHER RESOLVED that the Clerk to the Board of Supervisors shall forward copies of this resolution to the Virginia Department of Transportation, the Commonwealth Transportation Board and to the federal legislators representing Roanoke County. On motion of Supervisor Eddy to adopt the revised resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Q.. Brenda J. lton, Deputy Clerk Roanoke County Board of Supervisors cc: File The Honorable Robert E. Martinez, Secretary of Transportation Members, Commonwealth Transportation Board The Honorable John W. Warner, U. S. Senator The Honorable Charles S. Robb, U. S. Senator The Honorable Robert W. Goodlatte, U. S. Representative The Honorable Rick Boucher, U. S. Representative Fred Altizer, District Administrator, VDOT 2 ACTION NO. ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 24, 1996 AGENDA ITEM: Resolution of Support for ISTEA Reauthorization - STEP '? 1 COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND• The Intermodal Surface Transportation Efficiency Act (ISTEA) authorizes funding for highway construction, highway safety and mass transit programs. It also allocates funds specifically for enhancement and safety programs with mandates to the states on how the money is to be spent. The act expires on September 30, 1997 and there are several schools of thought on how the act should be reauthorized. SUMMARY OF INFORMATION: The U. S. Department of Transportation (USDOT) would like ISTEA to be reauthorized with only minor changes. A coalition of 22 member states and 15 active observers, called STEP 21 (Streamlined Surface Transportation Efficiency Program for the Twenty-First Century), is supporting a bill called the "ISTEA Integrity Restoration Act" (HR3775) This bill calls for significant changes including a revision of the funding formula, and a relaxation of the mandates to the states. Virginia is one of the leaders in STEP 21. A third proposal would essentially scrap ISTEA and return almost all transportation authority to the states. State and local governments and agencies and the USDOT all seem to agree on tree core principles of ISTEA. The regional planning and intergovernmental partnerships, fostered by ISTEA, are supported at all levels of government. The areas of difference center on the role of USDOT. 1 L (p STEP 21, which is currently in committee, guarantees at least a 95 percent return on each state's contribution from gasoline taxes to the Highway Trust Fund. Last year, Virginia received back 73 cents per dollar contributed. Virginia is therefore considered a donor state. The majority of STEP 21 coalition members (19) are donor states. The Bill also modifies the surface transportation formula, block-granting funds to states with no strings attached. Clearly, under STEP 21, the Commonwealth would receive more highway funds, and Fred Altizer is convinced that our region would also receive more funds. However, the question is, on what types of projects would those funds be used. How would projects such as "rails to trails be affected?" Without going into great detail regarding the content of the STEP 21 proposal, the issue can be stated as follows: There is general agreement that Virginia and our region will receive more money, but how will it be applied in terms of primary roads, secondary roads and small projects such as Hanging Rock Rails to Trails. Or stated another way, who do we trust the most to treat us fairly - the Federal or State government? Based on all we have heard, STEP 21 would probably be an improvement over the current legislation. Therefore, I have attached a Resolution of Support for this Bill. Elmer C. Hodge County Administrator Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) Motion by: ACTION Eddy Harrison Johnson Minnix Nickens VOTE No Yes Abs 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER HELD ON SEPTEMBER 24, 1996 RESOLUTION OF SUPPORT FOR THE ISTEA INTEGRITY RESTORATION ACT (HR3775). WHEREAS, the Interrnodal Surface Transportation Efficiency Act (ISTEA), was adopted in 1991, and WHEREAS, said act authorizes funding for highway construction, highway safety programs, and mass transit programs, and WHEREAS, said act expires on September 30, 1997, and WHEREAS, there are several thoughts on how this act should be reauthorized, and WHEREAS, The Commonwealth of Virginia is a member of the coalition of 19 states proposing the ISTEA Integrity Restoration Act, and WHEREAS, the Virginia Department of Transportation supports HR3775, and WHEREAS, the Commonwealth of Virginia and the County of Roanoke will receive more funding from the Highway Trust Fund under this proposal, WHEREAS, the provisions of the "ISTEA Integrity Restoration Act" HR3775 generally seem to be most favorable to the interests of Roanoke County citizens, NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County supports the ISTEA Integrity Restoration Act HR3775. Be it further resolved that the Clerk to the Board of Supervisors shall forward copies of this resolution to the Virginia Department of Transportation, the Commonwealth Transportation Board and to the federal legislators representing Roanoke County. 1 L~" MEMO - 9/23/96 To: Supervisors From: Lee B. Eddy ~.~~~-----^ Subject: Agenda Item L-6, ISTEA Re-authorization I propose a modest alteration to the resolution drafted by staff in support of the STEP 21 approach to re-authorization of ISTEA. The Enhancement Program of ISTEA has been used successfully to fund the Hanging Rock Rails-to-Trails project and the Mill Mountain Greenway, along with several other environment-related projects in western Virginia. In view of the current program to promote greenways in the Roanoke Valley, I would like to see us support continuation of the Enhancement Program concept in any new federal legislation that provides funds for transportation related purposes. In the attached alternative resolution my additions are in bold type. Otherwise the resolution is as included with our agenda packages. Please review this suggestion prior to our meeting on 9/24 and give me any related comments. Additional background information is included in Mr. Hodge's memo to the Supervisors dated 9/13/96. Your consideration is greatly appreciated. attach: Alternative Resolution, Agenda item L-6 copy: Elmer Hodge Tim Gubala Mary Allen WHAT A TRIP f~ ! ~:», 1 9 THE VIRGINIA MUSEUM[ OF TRAM RTATION ROANOKE, VA (703) 342-5670 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON SEPTEMBER 24, 1996 RESOLUTION OF SUPPORT FOR THE ISTEA INTEGRITY RESTORATION ACT (HR3775) WHEREAS, The interstate Surface Transportation Efficiency Act (ISTEA) was adopted by the Congress in 1991, and WHEREAS, said act authorizes funding for highway construction, highway safety programs, mass transit and other transportation related projects, and is due to expire September 30, 1997, and WHEREAS, there are several thoughts on how this act should be reauthorized, and WHEREAS, the Commonwealth of Virginia is a member of a coalition of 19 states called STEP 21 that is proposing the ISTEA Integrity Restoration Act (HR3775), and WHEREAS, the Virginia Department of Transportation supports HR3775, and WHEREAS, The Commonwealth of Virginia and the County of Roanoke will receive more funding from the Highway Trust Fund under this proposal, and WHEREAS, the provisions of the "ISTEA Integrity Restoration Act" HR3775 generally seem to be most favorable to the-interests of Roanoke County citizens, and WHEREAS, the Enhancement Program of ISTEA has great potential benefit for the Roanoke area and western Virginia in promoting alternative forms of transportation, preservation and enhancement of scenic and historic sites, beneficial use of abandoned railway corridors, control of outdoor advertising, archaeological planning and research, and miti ation of highway related pollution NOW, THEREFORE BE RESOLVED that the Board of Supervisors of Roanoke County supports the ISTEA Integrity Restoration Act HR3775 and recommends that components be included at the federal or state level that will continue the work of the ISTEA Enhancement Program. Be it further resolved that the Clerk to the Board of Supervisors shall forward copies of this resolution to the Virginia Department of Transportation, the Commonwealth Transportation Board, the Fifth Planning District Commission, and to the federal legislators representing Roanoke County. Y I L' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 24, 1996 RESOLUTION 092496-2.g SUPPORTING SEPTEMBER 21, 1996 THROUGH OCTOBER 19, 1996 AS FALL RIVER RENAISSANCE IN ROANOKE COUNTY WHEREAS, Virginia is blessed with abundant rivers and other waters throughout the Commonwealth; and WHEREAS, Virginia's rivers and waters provide sustenance to her citizens, their communities, and their businesses, which are important for their quality of life and prosperity; and WHEREAS, such rivers and waters are vital natural resources, providing important benefits to fish and wildlife and their habitats; and WHEREAS, the Commonwealth's rivers and waters provide opportunities for public boating, hunting and fishing and other forms of outdoor recreation enjoyed by Virginians and our visitors; and WHEREAS, the Commonwealth and her citizens should endeavor to conserve and enhance Virginia's rivers and waters so as to ensure their benefits, both now and for future generations; and WHEREAS, individual citizens, businesses and organizations, through their voluntary efforts, can accomplish the most to conserve our natural resources and provide long-term environmental benefits; and WHEREAS, the Fall River Renaissance campaign will encourage caring citizens to conserve and improve the rivers and waters in Virginia and will recognize and honor their exceptional efforts. 1 f NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, does hereby recognize September 21, 1996 through October 19, 1996, as the FALL RIVER RENAISSANCE in Roanoke County, Virginia; and FURTHER, the Board urges all citizens, businesses and organizations, public and private, to observe and participate in this campaign to conserve and enhance the rivers and waters of Virginia in order that we may enjoy a more beautiful, healthy and prosperous Commonwealth. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Brenda J. olton, Deputy Clerk Roanoke County Board of Supervisors cc: File The Honorable George Allen, Governor, Commonwealth of Virginia The Honorable John S. Reid, Virginia House of Delegates 2 ACTION NO. ~] ITEM NUMBER ~- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 24, 1996 AGENDA ITEM: Request from Governor Allen for support for the Fall River Renaissance campaign COUNTY ADMINISTRATOR'S COMMENTS: Governor George Allen's administration has established a Fall River Renaissance campaign to encourage activities designed to conserve and improve our rivers and waters. He has requested that governing bodies throughout the state further the effort by declaring a period of time during the Fall River Renaissance to encourage citizens to take up these activities. The attached resolution expresses support for establishing September 21 through October 19 as Fall River Renaissance Days in Roanoke County. Several activities are planned in this area. Volunteers will clean trash and debris from shoreline along Smith Mountain Lake on September 27-28, and trash cleanup in the stocked trout areas of Tinker Creek and Glade Creek will be held through October 21. Staff recommends adoption of the attached resolution and that it be forwarded to Governor Allen. .~~ -~ Elmer C. Hodge County Administrator ---------------------------------------------------------------- Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION VOTE Motion by: No Yes Abs Eddy Harrison Johnson Minnix Nickens ~_ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 24, 1996 RESOLUTION SUPPORTING SEPTEMBER 21, 1996 THROUGH OCTOBER 19, 1996 AS FALL RIVER RENAISSANCE IN ROANORE COUNTY WHEREAS, Virginia is blessed with abundant rivers and other waters throughout the Commonwealth; and WHEREAS, Virginia's rivers and waters provide sustenance to her citizens, their communities, and their businesses, which are important for their quality of life and prosperity; and WHEREAS, such rivers and waters are vital natural resources, providing important benefits to fish and wildlife and their habitats; and WHEREAS, the Commonwealth's rivers and waters provide opportunities for public boating, hunting and fishing and other forms of outdoor recreation enjoyed by Virginians and our visitors; and WHEREAS, the Commonwealth and her citizens should endeavor to conserve and enhance Virginia's rivers and waters so as to ensure their benefits, both now and for future generations; and WHEREAS, individual citizens, businesses and organizations, through their voluntary efforts, can accomplish the most to conserve our natural resources and provide long-term environmental benefits; and WHEREAS, the Fall River Renaissance campaign will encourage caring citizens to conserve and improve the rivers and waters in Virginia and will recognize and honor their exceptional efforts. 1 ~-~ NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, does hereby recognize September 21, 1996 through October 19, 1996, as the FALL RIVER RENAISSANCE in Roanoke County, Virginia; and FURTHER, the Board urges all citizens, businesses and organizations, public and private, to observe and participate in this campaign to conserve and enhance the rivers and waters of Virginia in order that we may enjoy a more beautiful, healthy and prosperous Commonwealth. 2 ~Illillllllllillllllllliliilllllllllllllllllllllllliilllllllllllillllllilllllililllllllllllllllllllilllllllllllllll IIIIIIIIIiIII~ _ _ _ _ ~_ _ s ~~ ~ ~ ~~ - ~ AGENDA ITEM NO. c - - _ - _ - _ _ _ = APPE CE REQUEST _ _ _ _ _ _ - PUBLIC HEARING ORDINANCE '~ CITIZENS COMMENTS c a ~ - ~ -_ SUBJECT: ~j~p S~SNs Irv M~, ,ve,jhb~- hvo~l - 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 FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED - =_ BELOW: - ... a ~ 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, c and will enforce the rule unless instructed by the majority otgthe Board to = do otherwise. _ ~... - _ ^ Speaker will be limited to a presentation of their ppoint of view only. Questions of clarification may be entertained by the.Chairman. ^ All comments must be directed to the Board. Debate between arecognized __ speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. _-- ^ Speakers are requested to leave any written statements and/or comments - with the clerk. -. - - - ^ INDIVIDUALS SPEAKING ON BF,HALF OF AN ORGANIZED GRDUP SHALL FILE WITH THE CLERK A UTHORIZATION FROM THE GROUP c ALLOWING THE INDIVIDUAL TO REPRESENT THEM. - _ PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK - - - _ - - - _. - - = - _ - mllllllllliillllllllllillllllllliilllllllllllllillllilllllllilliiilllllllllillilllllllllllllllllllliillillllillllllllllllllllllilm o_r GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA of General Amount Fund Revenues Beginning Balance at July 1, 1996 (unaudited) $7,176,332 7.92% Balance at September 24, 1996 $7,176,332 7.92% Changes below this line are for information and planning purposes only. Balance from above $7,176,332 Reserve for R.R. Donnelly -Phase II (570,000) Potential Liability (1,200,000) $5,406,332 5.97% 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 1996-97 General Fund Revenues $90,565,107 6.25% of General Fund Revenues $5,660,319 Respectfully Submitted, Diane D. Hyatt Director of Finance M:\Finance\Common\Board\Gen96. WK4 p -~~ CAPITAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Amount Beginning Balance at July 1, 1996 (unaudited) $648,413.00 (Includes final payment from City of Salem which was received in June 1996) Balance at September 24, 1996 Respectfully Submitted, Diane D. Hyatt Director of Finance $648,413.00 I M:\Finance\Common\Board\Cap96. WK4 Q-3 RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA Amount From 1996-97 Original Budget $305,313.00 27, 1996 Public-Private Partnership (105,220. Balance at September 24, 1996 $200,093.00 I Respectfully Submitted, ~~~ Diane D. Hyatt Director of Finance M:\Finance\Common\Board\Board96. WK4 ~u~tz~tg of ~ZuttnuCxe DECLARING SEPTEMBER 22, 1996, AS AMERICAN BUSINESS WOMEN'S DAY WHEREAS, approximately 57 million working women are integrally involved in determining the directions in which the private and public sectors of this country will move; and WHEREAS, these enterprising women hold active, responsible positions on all levels of business, and will play an increasingly powerful role in the American work force; and WHEREAS, the American Business Women's Association, a national educational association of employed women, believes that the enormous effects of today's dynamic, concerned businesswomen deserve recognition --not only the more than 90,000 members of the Association, but all working women; and WHEREAS, women have made an important contribution to building the strength and greatness of the United States and all evidence indicates that the American businesswoman will continue her significant contribution to the progress of our nation; and WHEREAS, American Business Women's Day was initiated in 1982 by the American Business Women's Association as a national day on which Americans could recognize the achievements of the Association members and all employed women in the United States. NOW, THEREFORE, 1, Bob L. Johnson, Chairman of the Board of Supervisors of Roanoke County, Virginia, in salute to the 57 million American businesswomen for their contributions to the private and public sectors of this county, do hereby proclairr- September 22, 1996, in Roanoke County, as AMERIC.~N"Bl'tSI~VESS WOMEN'S DAY L. ATTEST: Mary H. Allen, Clerk U-Y C~vixz~#g of ~Zuttz~nhe Q-~ ~~ ~~lt~~,~" ~c ~~zr O~ ROANp~~ ~• ~ ~ ~ Z ~ 2 ~ a. 1838 PROCLAMATION WELCOMING THE MOST WORSHIPFUL PRINCE HALL . GRAND LODGE OF VIRGINIA TO ROANOKE COUNTY FOR THEIR 121ST GRAND ANNUAL COMMUNICATIONS WHEREAS, the Most Worshipful Prince Hall Grand Lodge of Virginia is holding their 121st Grand Annual Communications in Roanoke County from September 11, 1996 tl:rougli September 14, 1996; and WHEREAS, the charitable and leadership efforts of the MWPH Grand Lodge have helped to improve the quality of life throughout the Commonwealth of Virginia; and WHEREAS, the charitable contributions of their associate organization, the Eastern Star, has greatly benefcted Youth Haven II, a Roanoke County girls' group home serving the Roanoke Valley and Southwest Virginia to provide positive growing experiences for troubled adolescent girls; and WHEREAS, the Roanoke County Board. of Supervisors and the citizens of Roanoke County desire to recognize the valuable contributions of the MWPH Grand Lodge, and show appreciation that Roanoke County was selected as the site for their meeting. NOW, THEREFORE, I, Bob L. Johnson, Chairman of the Board of Supervisors, do hereby welcome the MOST WORSHIPFUL PRINCE HALL GRAND LODGE OF VIRGINIA to Roanoke County; and FURTHER, the Board of Supervisors expresses its best wishes for a productive meeting and u very enjoyable visit to the Roanolte Valley. ATTEST: Mary IL Allen, Clerlc 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 24, 1996 AGENDA ITEM: Work Session on Open Burning Ordinance COIINTY ADMINISTRATOR'S COMMENTS: Suggesfions were made by several Board members and we incorporated those on which there was a consensus. The rest have been delayed until we can discuss them with you at the work session. SIIMMARY OF INFORMATION: At the September 10 meeting, the Board of Supervisors expressed concerns about several aspects of the code amendments to the open burning ordinance. They requested a work session at the September 24 meeting prior to the second reading. This time has been set aside to discuss the ordinance if it is necessary. Several changes have been made to the proposed ordinance which may address the Board's concerns. The board report and proposed ordinance are included in Item T-1 in your agenda. ~~~~ =~. ~~/ Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Eddy Received ( ) Harrison Referred ( ) Johnson To ( ) Minnix Nickens 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 24, 1996 AGENDA ITEM: Work session to review revisions to the Public Private Partnership Policy COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY The Public Private Partnership Policy was approved by the Board of Supervisors on January 23, 1990, and amended on July 27, 1993. (Attached) The Board of Supervisors requested at their August 27, 1996, meeting that the Economic Development staff review the County's adopted Public Private Partnership Policy in order to propose amendments for the evaluation of projects and the administration of the policy. A draft policy and project evaluation sheet are attached for review and discussion. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors review the attached policy and discuss with the staff at the work session. A finalized Public Private Partnership Policy will then be prepared and brought back to the Board for readoption at a subsequent meeting. Respectfully submitted, GJ Timo by W. Gubala, Director Department of Economic Development Approved by, ~, Elmer C. Hodg County Administrator ~~ Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: _ Eddy Harrison Johnson Minnix Nickens VOTE No Yes Abs Attachment DRAFT 3 ~-~ AS OF SEPTEMBER 16, 1996 ROANOKE COUNTY PUBLIC PRIVATE PARTNERSHIP POLICY Statement of Intent This Public Private Partnership Policy is designed to enhance economic development opportunities by developing partnerships with business and industry that create new wealth and jobs for the future of our community that also provides an appropriate return on the County's investment. Partnership Purposes Roanoke County and a business or industry develops a partnership during the initial site search for a location or during discussions regarding expansion of existing facilities. Accordingly; 1. Roanoke County may fund a portion or all of development costs for public improvements, such as roads and public utilities, off site regional storm water management facilities, and/or utility connection fees for water and sewer for a qualifying industry or business that meets the evaluation criteria for Public Private Partnerships. 2. Roanoke County may encourage the creation or retention of jobs of qualifying companies within the community which hire employees at wages/salaries at or above the median area rate for that occupation through assistance with employment training. 3. Roanoke County may support tourism related industry/destination activities that provide a range of services and attractions for visitors from outside the Roanoke Valley that will create employment opportunities, create tax revenues, and enhance our image as a viable community. Applications A business or industry may apply for County assistance by addressing a letter (on company letterhead) to the Director of Economic Development that indicates: a. A description of the business or tourism activity to be conducted on the site b. Total capital investment in real estate (land, building), machinery and tools, and anticipated personal property, and/or other taxes paid on site c. Total employment and annual payroll for jobs to be created or retained d. Types of positions/jobs created or retained and average annual hourly salaries or wages e. Specific water and sewer needs (i.e., size line and/or capacity) or other public facility assistance required f. Date of construction and/or start-up (if in an existing building) g. If applicable, the terms of any lease to ensure that the company will occupy the building during the period calculated for payback. Review The Director of Economic Development, upon consultation with the County Administrator and other County staff, will review the request for participation using the evaluation criteria on forms 1 and 2 to determine the extent of Roanoke County's funding. These evaluation criteria are based on a payback of anticipated taxes (real estate, machinery and tools and personal property, transient occupancy tax, sales tax, admissions tax, etc.) to the County after occupancy and jobs created/retained by number and type of employees and other economic development factors. The County may participate in the following manner: a. New or expanded. commercial/retail development must have a minimum investment of $2 million of site and building improvements and/or a payback within the first year b. New or expanded manufacturing companies must have a minimum investment of $1 million of site and building improvements and machinery and tools payback within the first three years c. All other requests for new or expanded commercial or industrial projects must have a minimum investment of $2 million of site and building improvements and a payback within the first year. The County may participate up to 50% of public improvement costs of the project if payback meets any of the three items listed above. Participation in projects with paybacks longer than three years or for greater than 50% participation shall be referred to the Board of Supervisors for a decision. 2 All applications are subject to the amount of the County's annual budget appropriation for this purpose. Guiding_Principles The Public Private Partnership Policy is a partnership between the County and the private sector and should not be considered as an entitlement program. Financial incentives offered by Roanoke County originate from the tax revenues paid by citizens, visitors, and businesses in the County. The Public Private Partnership Policy seeks to reinvest some portion of these tax revenues to assist in the economic growth of the County. The Policy seeks to create and retain jobs and investment within Roanoke County and to generate tax revenue that funds County services. Incentives may be used to relocate business and industry from another jurisdiction within the Roanoke Valley to Roanoke County if there is a possibility that these jobs and investment could be lost to another state, and/or the business has determined that the best location for their new operation is in an Economic Opportunity Area as designated in the Roanoke County Economic Development Strategy. Developers of commercial or industrial projects for lease must pass on the value of the incentives to the tenant by lowering the annual lease rate or by providing for additional tenant upfit. A copy of the executed lease in which the County participation is identified shall be presented to the Director of Economic Development. A business or industry obtaining Public Private Partnership funds shall coordinate its public announcement of its location with the County Economic Development staff in order to obtain positive media exposure for the partnership program and the new investment of the company. Tynical areas of Partnership Assistance 1. Physical improvements and fees, such as: a. Water and sewer line extensions b. Water, fire, and sewer utility connection fees c. Public road construction and required drainage structures d. Traffic control devices such as signals and related equipment e. Regional storm water management facilities f. Land acquisition for public purposes g. Employment training/retraining 3 Requests for assistance with employment training and retraining of new and/or relocated employees may be considered. Amounts and priority of funding will depend on the salary/wage rate to be paid, the number of permanent full time jobs created, relocated or retained, and availability of matching funds from the state of Virginia and federal funds. County training funds will not be directly paid to a company, but will be appropriated to a training agency, state agency or economic development organization designated by the Board of Supervisors. 2. Criteria for determination a. No projects will be considered which are determined to produce significant environmental pollution, public nuisance or excessive demands for local public services. b. Excess County payments shall be refunded by the applicant if the actual tax revenues do not meet the payback formula in accordance with the Performance Agreement executed between the County and the business or industry. c. All applications for payments of costs up to $50,000 for physical improvements and/or fees which comply with the above criteria will be approved by the County Administrator upon a recommendation by the Department of Economic Development. d. Applications which are above $50,000 or which fall outside the criteria stated above, but which are considered by the County Administrator and Director of Economic Development to have merit, will be submitted to the Board of Supervisors for consideration. e. Tourism projects will be evaluated on the basis of expected visitation and concentration of tourism activities in areas proposed by the Economic Development Strategy, as well as other criteria for new jobs and anticipated tax revenues. f. Public Private Partnership funds shall be paid after the approval of the required site plan and at the time that a building permit is issued for the project. g. If appropriate, Public Private Partnership funds may be passed through the Industrial Development Authority of Roanoke County to a qualifying business or industry subject to the stipulations set out in the Performance Agreement. Industrial Park Development Off-site fees of jointly developed parks shall not be held as a portion of the total cost of the project and thus not a portion of the payback equation. Such assistance shall be funded after the approval of the required site plan and at the time a building permit is issued for the project. 4 -~ Limitations Roanoke County will not pay for any private sewage pre-treatment facilities or waive any ordinances requiring fire protection or industrial discharge certification. Funding Sources Roanoke County shall fund its participation from the General Fund from anticipated tax revenue, or from an Economic Development Fund or other special non-utility funds. There is an intent to continue the maintenance of a fiscally sound utility enterprise fund to provide water and sewer service to County utility customers. (This provision is authorized by County Code Chapter 22 as amended by Ordinance 8-12-86-169, Section 3b.) The Director of Economic Development is responsible for administration of this policy and shall coordinate with the Director of Finance to establish an accounting system and periodic report of funds committed or expended. Public Disclosure There shall be disclosure of any financial or other involvement by staff members and elected officials in any public private partnership. Award of Funds Upon evaluation and decision to enter into an Agreement, the expanding or relocating business/industry will be notified in writing by the Director of Economic Development as well as the County Administrator. This letter will identify the County's funding level as well as any other areas of assistance. Agreement A written Performance Agreement on a form approved by the County Attorney will be required to specify terms of certain Public Private Partnership offers. Any questions regarding the preparation of an application for financial assistance under the criteria of the Public Private Partnership Policy should be directed to the Director of Economic Development, P.O. Box 29800, Roanoke, Virginia 24018-0798. Phone (540) 772-2069. reports\draft3.ppp 5 FORM 1 ~~ a ~~ ~~. ~~ U p., o ~' .~ as w .~ a ~ ~ o ~ ~ ~ a, ° ~ ~ o ~ ~W ~ z b c~ U ~ :~ ~ b O a i w ~ Z ~ ~ ~ ~ U ~ M O ~ O ~ ~ C1, ^' N ~ ~ 0 a ,a ~ ~+ ?i ~ ~z ~ ~ o ~ Q O ~ f'V O ~ ~ ~ zw.= ; NO o O N ~z b~ ~ ~ zo ~z b ~' Q~ ti U '~ z~H ~z o Za a H ~~ ~, w ~ ~o ~U ~ 3 .~ o .. ~ o ~ ~ o . U ~ W ~ ~ O .~ N ~ ~ c o a a w.~ m a w ~z ~z ~z ~; a~ ~o U ~ ~ ~ „ • -• . ~ ~ ~ ~ ~ ~ dD~~. p'+ ~~ ~~ C1, v~ ~ ~z .~ ~ 'o n ~ '~ .r ao ~ a~ . .~ ~ ~ ~ ~ ~ o ~ O ~ y ~ ~ ° ~z ~ ~~ ~~ ~~~ ~. ~, o ~ a~ w • ~ a~ U ~ ~ ~; > ~~~ 3~ ~ ¢ z 0 .~ ~~ o~ ~, .~ ~~ ~° N ~ ~ 0 ~~ ~z ~~ .~ o ~~ ~ , ~~ ~~ - byA y o ~ -~ ~ ~ U ,. . ~ . z 0 U U O a FORM 2 • ~ ~ Public-Private Partnership Company: 1. Project Description (see attached company letter) 2. Number jobs created/or retained 3. Payback calculations and incentive values (bv type) Annual value as proposed Post project audit on anniversary date real estate x $1.13 per $100 = personal property x$3.50 per $100 @ 60% _ machinery & tools x$3.00 per $100 @ 25% _ sales tax @ $0.01 per $1.00 = BPOL at per $100 = transient occupancy tax x 5% per $100 other Total Public assistance areas water extension sewer extension water connection sewer connection fire service road improvement traffic signal drainage project land acquisition land donation employee training other Incentive 50% (As applicable) Payback calculation =total - 50% Approved by / Director Date * Approved by County Administrator Date *Projects over $50,000 shall be approved by Board of Supervisors AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON SEPTEMBER 24, 1996 RESOLUTION 092496-3 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 Minnix to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: ~ ~..... . v • v Brenda J. H lton, Deputy Clerk Roanoke County Board of Supervisors cc: File Executive Session e ~ "` AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 24, 1996 RESOLUTION 092496-4 AUTHORIZING ARTICLES OF AMENDMENT TO THE ROANORE VALLEY RESOURCE AUTHORITY ARTICLES OF INCORPORATION AND AN AMENDMENT TO THE ROANORE VALLEY RESOURCE AUTHORITY MEMBERS USE AGREEMENT TO AUTHORIZE THE AUTHORITY TO ENGAGE IN OR PROVIDE FOR COMMERCIAL AND/OR RESIDENTIAL GARBAGE AND REFUSE COLLECTION ACTIVITIES OR SERVICES WHEREAS, the Board of Supervisors of Roanoke County, Virginia, ("County") ; the Council of the Town of Vinton, Virginia, ("Town") ; and the Council of the City of Roanoke, Virginia, ("City") have determined that it is in their best interests to amend the Articles of Incorporation of the Roanoke Valley Resource Authority ("Authority") and the Roanoke Valley Resource Authority Members Use Agreement to authorize the Authority to engage in or provide for commercial and/or residential garbage and refuse collection activities or services, pursuant to the provisions of the Virginia Water and Sewer Authorities Act, Chapter 28, Title 15.1, Code of Virginia (1950), as amended, ("Act"); and, WHEREAS, the Board of Supervisors of Roanoke County, Virginia; the Council of the Town of Vinton, Virginia; and the Council of the City of Roanoke, Virginia, do by concurrent resolutions provide for amendment of the Authority's Articles of Incorporation to authorize the Authority to engage in or provide for commercial and/or residential garbage and refuse collection activities or services pursuant to the Act; and WHEREAS, a public hearing has been held in accordance with the requirements of the Act, including, without limitation, Sections 1 15.1-1243, 15.1-1244, and 15.1-1250(0); and WHEREAS, the Roanoke Valley Resource Authority has, by resolution, expressed its consent to the aforesaid amendments. NOW, THEREFORE, be it resolved as follows: 1. That proper officials are authorized to execute and attest, in form approved by legal counsel, an amendment to the Roanoke Valley Resource Authority Members Use Agreement authorizing the Authority to engage in or provide for commercial and/or residential garbage and refuse collection activities or services. 2. The authorization of the Authority to engage in or provide for commercial and/or residential collection activities or services pursuant to the Act is hereby approved, and the Articles of Amendment of the Roanoke Valley Resource Authority sets forth and specifies this additional authority. 3. The Articles of Amendment of the Roanoke Valley Resource Authority are as follows: ARTICLES OF AMENDMENT OF THE ROANOKE VALLEY RESOURCE AUTHORITY The Board of Supervisors of Roanoke County, Virginia; the Town Council of the Town of Vinton of Vinton; and the Council of the City of Roanoke have by concurrent resolution adopted the following amendments to the Articles of Incorporation of the Roanoke County Resource Authority of Virginia, pursuant to the Virginia Water and Sewer Authorities Act (Chapter 28, Title 15.1, 1950 Code of Virginia, as amended) ("Act") . 2 1 I. The Articles of Incorporation shall be amended by striking out ARTICLE I and substituting the following: The name of the Authority shall be the Roanoke Valley Resource Authority and the address of its principal office is 3~$ 1020 Hollins Road, Roanoke, Virginia 24012. II. ARTICLE II of the Articles of Incorporation shall continue to read as follows: The names of the incorporating political subdivisions are the County of Roanoke, Virginia; the City of Roanoke, Virginia; and the Town of Vinton, Virginia. The County of Roanoke, the City of Roanoke, and the Town of Vinton, as the incorporating political subdivisions, hereby acknowledge, covenant, and agree that these Articles of Incorporation shall not be further amended or changed without the express agreement of each of the governing bodies of each of the incorporating political subdivisions. Neither of the following action shall be taken or permitted to occur by the Authority without the consent of the City of Roanoke and the County of Roanoke as expressed by the affirmative vote of all City and County representatives on the Authority. (1) Any change in the terms or conditions of design or operation of the Transfer Station located in the City of Roanoke as set forth in the Solid Waste Transfer Facility Design Criteria, dated March 19, 1991, and the Solid Waste Transfer Facility Operating Criteria, dated May 21, 1991, as approved by the City of Roanoke Planning Commission on June 5, 1991, and the Part A and 3 Part B applications for the Transfer Station as approved by the Commonwealth of Virginia, or any expansion or modification thereof or use by any persons or entities other than City, County, or Town of Vinton; (2) Any change in the terms and conditions of the design or operation of the Landfill located in Roanoke County as set forth in the special use permit and the Landfill Permit Conditions and Operating Policies, Action 62789-10 and Resolution 62789-12, each dated June 27, 1989, and Part A and B applications for the Landfill as approved by the Commonwealth of Virginia. Since the Landfill and Transfer Station are scarce and valuable resources, and because the incorporating political subdivisions have a common interest in insuring that the Landfill is utilized in the best possible and most efficient manner, the incorporating political subdivisions agree that Authority membership and operation and use and operation of the Transfer Station and Landfill shall be governed by the terms and conditions of the Roanoke Valley Resource Authority Members Use Agreement ("Use Agreement") dated October 2 3 , 19 91. III. The Articles of Incorporation shall be amended by striking out ARTICLE III and substituting the following: The names, addresses, and terms of office of the members of the Board of the Roanoke Valley Resource Authority ("Authority") are as follows: Name and Address 1. Diane D. Hyatt P. O. Box 29800 Term of Office 4 Roanoke, Virginia 24019 2. B. Clayton Goodman, III P. O. Box 338 Vinton, Virginia 24179 3. Kit B. Kiser 215 Church Avenue, SW Roanoke, Virginia 24011 4. Bittle W. Porterfield, III 5. William J. Rand, III P. O. Box 29800 Roanoke, Virginia 24019 6. Allan C. Robinson, Jr. 7. Katherine Schefsky The terms of office of each of the members shall become effective on the date of issuance of a certificate of joinder for the Authority by the State Corporation Commission in accordance with the provisions of Section 15.1-1248 of the Act. The governing body of each participating political subdivision shall appoint the number of members, who may be members of the governing body, set forth opposite its name below: County of Roanoke - four City of Roanoke ~ two Town of Vinton ~ one It being the intention of these Articles that the governing body of the County of Roanoke shall always appoint a majority of the members, whenever an additional political subdivision shall join the Authority, such governing body shall be entitled to appoint one or more additional members in order to maintain such majority. 5 Initially, the governing body of the County of Roanoke shall appoint one member for a four-year term, one member for a three- year term, and two members for a two-year term. Initially, the governing body of the City of Roanoke shall appoint one member for a four-year term and one member for a three-year term. Initially, the governing body of the Town of Vinton shall appoint one member for a four-year term. After the initial terms, each member shall be appointed for a four-year term or until his successor is appointed and qualified. Any additional members appointed by the County of Roanoke to maintain its majority pursuant to the foregoing paragraph shall also be appointed for four-year terms. The governing body of each political subdivision shall be empowered to remove at any time, without cause, any member appointed by it and appoint a successor member to fill the unexpired portion of the removed member's term. Each member may be reimbursed by the Authority for the amount of actual expenses incurred by him in the performance of his duties. IV. The Articles of Incorporation shall be amended by striking out ARTICLE IV and substituting the following: The purpose for which the Authority is to be formed is to exercise all the powers granted to the Authority to acquire, finance, construct, operate, manage and maintain a garbage and refuse collection and disposal system and related facilities pursuant to the Act. For purposes of these Articles, and any contracts or documents entered into on behalf of Authority, 6 "garbage and refuse collection and disposal system and related facilities" shall mean collection and disposal of garbage and refuse at and through a transfer facility owned and operated by the Authority and the associated landfill or disposal operations .................................................................................................... anc~ nclud`ng`the authority ...................... to engage in or provide for residential nc~~~r ..................................... om~te~~~~ collection activities or services. The Authority shall contract with the County of Roanoke, the City of Roanoke, and the Town of Vinton to furnish garbage and refuse collection and disposal services upon identical terms and conditions including the same schedule or service rates, fees and charges of all types which shall be uniformly applicable to such political subdivisions. Subject to the terms of the Use Agreement, the Authority may contract with other political subdivisions to furnish garbage and trash disposal services upon such terms and conditions as the Authority shall determine. The Authority may contract to make host locality payments to Roanoke County and Roanoke City to compensate the County and City in consideration of location of facilities within their communities. It is not practicable to set forth herein information regarding preliminary estimates of capital costs, proposals for specific projects to be undertaken, or initial rates for the proposed projects. V. ARTICLE V of the Articles of Incorporation shall continue to read as follows: The Authority shall serve the County of Roanoke, the City of Roanoke, the Town of Vinton and, to the extent permitted by the Act 7 and by the terms of these Articles and the Use Agreement, such other public or private entities as the Authority may determine upon the terms and conditions established pursuant to such contracts. VI. ARTICLE VI of the Articles of Incorporation shall continue to read as follows: The Authority shall cause an annual audit of its books and records to be made by the State Auditor of Public Accounts or by an independent certified public accountant at the end of each fiscal year and a certified copy thereof to be filed promptly with the governing body of each of the incorporating political subdivisions. 4. A copy of the Roanoke Valley Resource Authority Members Use Agreement is available for inspection in the Office of the Town of Vinton Manager, Vinton Municipal Building; Office of the Clerk to the Board, Administration Center, and Office of the City of Roanoke Clerk, Room 456, Municipal Building. S 5. This resolution shall take effect immediately upon its adoption. A copy of the Roanoke Valley Resource Authority Members Use Agreement, as it is proposed to be amended, is available for public inspection in the Office of City of Roanoke Clerk, Room 456, Municipal Building, 215 Church Avenue, SW, Roanoke, Virginia; the office of the Clerk of the Board, Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, Virginia; and the office of the Town of Vinton Manager, Town of Vinton Municipal Building, 311 South Pollard Street, Vinton, Virginia 24179. Mary R. Parker, City of Roanoke Clerk Mary Allen, Clerk of the Board Carolyn Ross, Town of Vinton Clerk On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Brenda J. olton, Deputy Clerk Roanoke County Board of Supervisors cc: File John R. Hubbard, Chief Executive Director, RVRA Mary F. Parker, Clerk, Roanoke City Council Carolyn S. Ross, Clerk, Vinton Town Council Paul M. Mahoney, County Attorney William J. Rand, III, Director, General Services Diane D. Hyatt, Director, Finance 9 ACTION NO. ITEM NUMBER S ,- / AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 24, 1996 AGENDA ITEM: Public Hearing and resolution amending the Articles of Amendment to the Roanoke Valley Resource Authority and Member Use Agreement to allow for commercial and/or residential refuse collection COUNTY ADMINISTRATOR'S COMMENTS: Recommend approval to enhance the possibility of regionalized trash collection. SUMMARY OF INFORMATION: The regional cooperation team meetings have identified regional trash collection as an economical method of providing this service, and has identified the Roanoke Valley Resource Authority as a possible service provider. This charter change removes the prohibition that currently exists that denies the opportunity to the Resource Authority to collect residential or commercial trash. Adoption of the resolution does not initiate regional trash collection by the Roanoke Valley Resource Authority; it merely allows the Resource Authority to be considered. Additional public hearings would be required to actually implement any collection by the Resource Authority. Staff recommends approval of the attached resolution after the public hearing is held. Elmer C. Hodge County Administrator Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: VOTE No Eddy Harrison Johnson Minnix Nickens Yes Abs s_f AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 24, 1996 RESOLUTION AUTHORIZING ARTICLES OF AMENDMENT TO THE ROANORE VALLEY RESOURCE AUTHORITY ARTICLES OF INCORPORATION AND AN AMENDMENT TO THE ROANORE VALLEY RESOURCE AUTHORITY MEMBERS USE AGREEMENT TO AUTHORIZE THE AUTHORITY TO ENGAGE IN OR PROVIDE FOR COMMERCIAL AND/OR RESIDENTIAL GARBAGE AND REFUSE COLLECTION ACTIVITIES OR SERVICES WHEREAS, the Board of Supervisors of Roanoke County, Virginia, ("County") ; the Council of the Town of Vinton, Virginia, ("Town") ; and the Council of the City of Roanoke, Virginia, ("City") have determined that it is in their best interests to amend the Articles of Incorporation of the Roanoke Valley Resource Authority ("Authority") and the Roanoke Valley Resource Authority Members Use Agreement to authorize the Authority to engage in or provide for commercial and/or residential garbage and refuse collection activities or services, pursuant to the provisions of the Virginia Water and Sewer Authorities Act, Chapter 28, Title 15.1, Code of Virginia (1950), as amended, ("Act"); and, WHEREAS, the Board of Supervisors of Roanoke County, Virginia; the Council of the Town of Vinton, Virginia; and the Council of the City of Roanoke, Virginia, do by concurrent resolutions provide for amendment of the Authority's Articles of Incorporation to authorize the Authority to engage in or provide for commercial and/or residential garbage and refuse collection activities or services pursuant to the Act; and WHEREAS, a public hearing has been held in accordance with the requirements of the Act, including, without limitation, Sections 1 ~i 15.1-1243, 15.1-1244, and 15.1-1250(0); and WHEREAS, the Roanoke Valley Resource Authority has, by resolution, expressed its consent to the aforesaid amendments. NOW, THEREFORE, be it resolved as follows: 1. That proper officials are authorized to execute and attest, in form approved by legal counsel, an amendment to the Roanoke Valley Resource Authority Members Use Agreement authorizing the Authority to engage in or provide for commercial and/or residential garbage and refuse collection activities or services. 2. The authorization of the Authority to engage in or provide for commercial and/or residential collection activities or services pursuant to the Act is hereby approved, and the Articles of Amendment of the Roanoke Valley Resource Authority sets forth and specifies this additional authority. 3. The Articles of Amendment of the Roanoke Valley Resource Authority are as follows: ~ ARTICLES OF AMENDMENT ROANOKE VALLEY RESOURCE AUTHORITY The Board of Supervisors of Roanoke County, Virginia; the Town Council of the Town of Vinton of Vinton; and the Council of the City of Roanoke have by concurrent resolution adopted the following amendments to the Articles of Incorporation of the Roanoke County Resource Authority of Virginia, pursuant to the Virginia Water and Sewer Authorities Act (Chapter 28, Title 15.1, 1950 Code of Virginia, as amended) ("Act") . 2 I. The Articles of Incorporation shall be amended by striking out ARTICLE I and substituting the following: The name of the Authority shall be the Roanoke Valley Resource Authority and the address of its principal office is 3~S 1020 Hollins Road, Roanoke, Virginia 24012. II. ARTICLE II of the Articles of Incorporation shall continue to read as follows: The names of the incorporating political subdivisions are the County of Roanoke, Virginia; the City of Roanoke, Virginia; and the Town of Vinton, Virginia. The County of Roanoke, the City of Roanoke, and the Town of Vinton, as the incorporating political subdivisions, hereby acknowledge, covenant, and agree that these Articles of Incorporation shall not be further amended or changed without the express agreement of each of the governing bodies of each of the incorporating political subdivisions. Neither of the following action shall be taken or permitted to occur by the Authority without the consent of the City of Roanoke and the County of Roanoke as expressed by the affirmative vote of all City and County representatives on the Authority. (1) Any change in the terms or conditions of design or operation of the Transfer Station located in the City of Roanoke as set forth in the Solid Waste Transfer Facility Design Criteria, dated March 19, 1991, and the Solid Waste Transfer Facility Operating Criteria, dated May 21, 1991, as approved by the City of Roanoke Planning Commission on June 5, 1991, and the Part A and 3 ~..~"' Part B applications for the Transfer Station as approved by the Commonwealth of Virginia, or any expansion or modification thereof or use by any persons or entities other than City, County, or Town of Vinton; (2) Any change in the terms and conditions of the design or operation of the Landfill located in Roanoke County as set forth in the special use permit and the Landfill Permit Conditions and Operating Policies, Action 62789-10 and Resolution 62789-12, each dated June 27, 1989, and Part A and B applications for the Landfill as approved by the Commonwealth of Virginia. Since the Landfill and Transfer Station are scarce and valuable resources, and because the incorporating political subdivisions have a common interest in insuring that the Landfill is utilized in the best possible and most efficient manner, the incorporating political subdivisions agree that Authority membership and operation and use and operation of the Transfer Station and Landfill shall be governed by the terms and conditions of the Roanoke Valley Resource Authority Members Use Agreement ("Use Agreement")dated October 23, 1991. III. The Articles of Incorporation shall be amended by striking out ARTICLE III and substituting the following: The names, addresses, and terms of office of the members of the Board of the Roanoke Valley Resource Authority ("Authority") are as follows: Name and Address 1. Diane D. Hyatt P. O. Box 29800 4 S- I Roanoke, Virginia 24019 2. B. Clayton Goodman, III P. O. Box 338 Vinton, Virginia 24179 3. Kit B. Kiser 215 Church Avenue, SW Roanoke, Virginia 24011 4. Bittle W. Porterfield, III 5. William J. Rand, III P. O. Box 29800 Roanoke, Virginia 24019 6. Allan C. Robinson, Jr. 7. Katherine Schefsky The terms of office of each of the members shall become effective on the date of issuance of a certificate of joinder for the Authority by the State Corporation Commission in accordance with the provisions of Section 15.1-1248 of the Act. The governing body of each participating political subdivision shall appoint the number of members, who may be members of the governing body, set forth opposite its name below: County of Roanoke - four City of Roanoke - two Town of Vinton - one It being the intention of these Articles that the governing body of the County of Roanoke shall always appoint a majority of the members, whenever an additional political subdivision shall join the Authority, such governing body shall be entitled to appoint one or more additional members in order to maintain such majority. 5 r- i Initially, the governing body of the County of Roanoke shall appoint one member for a four-year term, one member for a three- year term, and two members for a two-year term. Initially, the governing body of the City of Roanoke shall appoint one member for a four-year term and one member for a three-year term. Initially, the governing body of the Town of Vinton shall appoint one member for a four-year term. After the initial terms, each member shall be appointed for a four-year term or until his successor is appointed and qualified. Any additional members appointed by the County of Roanoke to maintain its majority pursuant to the foregoing paragraph shall also be appointed for four-year terms. The governing body of each political subdivision shall be empowered to remove at any time, without cause, any member appointed by it and appoint a successor member to fill the unexpired portion of the removed member's term. Each member may be reimbursed by the Authority for the amount of actual expenses incurred by him in the performance of his duties. IV. The Articles of Incorporation shall be amended by striking out ARTICLE IV and substituting the following: The purpose for which the Authority is to be formed is to exercise all the powers granted to the Authority to acquire, finance, construct, operate, manage and maintain a garbage and refuse collection and disposal system and related facilities pursuant to the Act. For purposes of these Articles, and any contracts or documents entered into on behalf of Authority, 6 S- I "garbage and refuse collection and disposal system and related facilities" shall mean collection and disposal of garbage and refuse at and through a transfer facility owned and operated by the services. The Authority shall contract with the County of Roanoke, the City of Roanoke, and the Town of Vinton to furnish garbage and refuse collection and disposal services upon identical terms and conditions including the same schedule or service rates, fees and charges of all types which shall be uniformly applicable to such political subdivisions. Subject to the terms of the Use Agreement, the Authority may contract with other political subdivisions to furnish garbage and trash disposal services upon such terms and conditions as the Authority shall determine. The Authority may contract to make host locality payments to Roanoke County and Roanoke City to compensate the County and City in consideration of location of facilities within their communities. It is not practicable to set forth herein information regarding preliminary estimates of capital costs, proposals for specific projects to be undertaken, or initial rates for the proposed projects. V. ARTICLE V of the Articles of Incorporation shall continue to read as follows: The Authority shall serve the County of Roanoke, the City of Roanoke, the Town of Vinton and, to the extent permitted by the Act 7 SI and by the terms of these Articles and the Use Agreement, such other public or private entities as the Authority may determine upon the terms and conditions established pursuant to such contracts. VI. ARTICLE VI of the Articles of Incorporation shall continue to read as follows: The Authority shall cause an annual audit of its books and records to be made by the State Auditor of Public Accounts or by an independent certified public accountant at the end of each fiscal year and a certified copy thereof to be filed promptly with the governing body of each of the incorporating political subdivisions. 4. A copy of the Roanoke Valley Resource Authority Members Use Agreement is available for inspection in the Office of the Town of Vinton Manager, Vinton Municipal Building; Office of the Clerk to the Board, Administration Center, and Office of the City of Roanoke Clerk, Room 456, Municipal Building. ~_L-'---'--- 8 _ ~""' i 5. This resolution shall take effect immediately upon its adoption. A copy of the Roanoke Valley Resource Authority Members Use Agreement, as it is proposed to be amended, is available for public inspection in the Office of City of Roanoke Clerk, Room 456, Municipal Building, 215 Church Avenue, SW, Roanoke, Virginia; the office of the Clerk of the Board, Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, Virginia; and the office of the Town of Vinton Manager, Town of Vinton Municipal Building, 311 South Pollard Street, Vinton, Virginia 24179. Mary R. Parker, City of Roanoke Clerk Mary Allen, Clerk of the Board Carolyn Ross, Town of Vinton Clerk C:\OFFICE\ WPWIN\ WPDOCS\ AGENDA\GENERAL\ RVRA.ART 9 ],I~IIIIIIIIIIIIIIiIIIIIIIIIIIIIIIIIIIIIIiiiII1IIIIIIIIIIIIIIiI1IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiIIIIiIIIIIIIIIIIiIiIIIIIiIIIIj,() _ _ _ _ _ _ _ - i - AGENDA ITEM N - - - _ APPE CE REQUEST _ _ - -_ PUBLIC HEARING ORDIN CE CITIZENS COMMENTS - - - - SUB CT: - JE I~C.e ~ ` I~C~ - - - 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 FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED BELOW: -' - - __ i _ ^ 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 arecognized - speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ Speakers are requested to leave any written statements and/or comments _ with the clerk. - - ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. - -_ - PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK - - _, - - - - - - - - - - - - - = - - - - - - ~~ - ~~ - NAME ~ 1~6~ -_ __ - - ADDRESS ~~ ~ ~ -~(, _ -_ - - PHONE ~~~ ~ `l ~J31 Illlllllilllillllllllllllllllilllllllillillllllillllllllllllllliilllllllllllllilllllllillllilllllllillilllllllllllillilllllllilim ~IIIIIIIIIiIIIIiIIIIIIIII1111111111111111111111111111111111111111111111Ullllillllllllllllllilllllillllllill11111111111111111111~ - _ - _ - ,- _ AGENDA ITEM NO. - i ~~ - - - - ~I _ _ _ _ _ - APPE CE REQUEST - _ _ _ / PUBLIC HEARING ORDINANCE CITIZENS COMMENTS - _ - _ - _ = SUBJECT: ~~ _ -_ 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 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, and will enforce the rule unless instructed by the majority of~the Board to do otherwise. _ _ .. - ^ Speaker will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the Board. Debate between arecognized speaker and audience members is not allowed: - _ __ ^ Both speakers and the audience will exercise courtesy at all times. - _ ^ Speakers are requested to leave any written statements and/or comments -_ with the clerk. - __ ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GRDUP c ALLOWING THE INDIVIDUAL TO REPRESENT THEM. - _ - _ - __ PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK - _ - _ - _ - ,_ - _ - _ -- mlllllilllillillllllllilllllillllllilllllilllilllllllllllllllllillllillllllllllllillillllliliilllllllilllllllllllllll Illlllillllim jUlillllllllllllllllllllllilllllllilllillillllllllllillllllllllll111 Iillllllllllllllllllllllillllllllllllllllllllllllllllllllllllij~,~ _ _ - ~ - - ~ - _ - _ _ =_ - AGENDA ITEM NO. -' - - _ _ a - '_ APPE CE REQUEST -_ i _~ - ~ = - PUBLIC HEARING ORDINANCE CITIZENS COMMENTS - - - _ _ - SUBJECT: I/(~')" ~ ~ 1 ; - _ ~~- - _ - __ _ I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, I WILL GIVE MY NAME AND ADDRESS c FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED ~ = BELOW: - - - - - - - - ^ Each speaker will be given between three to five minutes to comment = whether speaking as an individual or representative. The Chairman will = = decide the time limit based on the number of citizens 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 arecognized __ speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. _ ^ Speakers are requested to leave any written statements and/or comments = with the clerk. - ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. - - PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK - - - - - - - - - - - - - - - - - ~ - - - - - - - - - - - - - - - •i ~ ~ - NAME ~ / '~ ~. ~ ~'L ~ a (~ z c~ - - 1~~~~ - __ - = P~K:P~ = ADDRESS ~'~'~~ _ - - - - - - - - _ PHONE - Ilillllliillllllllilliillllllllllllillllllllillllllllllllillllillllllliiiliillllllillliillillllllllllilllllllllil11111111111111~1 S-.~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 24, 1996 RESOLUTION 092496-5 AUTHORIZING THE ISSUANCE OF $1,300,000 GENERAL OBLIGATION SCHOOL BONDS OF THE COUNTY OF ROANORE, VIRGINIA TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF WHEREAS, the Board of Supervisors (the "Board") of the County of Roanoke, Virginia (the "County") has determined that it is necessary and expedient to borrow not to exceed $1,300,000 and to issue its general obligation school bonds to finance certain capital projects for school purposes. WHEREAS, the County has held a public hearing, after due publication of notice, in accordance with Section 15.1-227.8, Code of Virginia of 1950, as amended (the "Virginia Code") on September 24, 1996 on the issuance of school bonds in the amount of $1,300,000. WHEREAS the School Board of the County has requested by resolution the Board to authorize the issuance of the Bonds (as defined below) and has consented to the issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds The Board hereby determines that it is advisable to contract a debt and to issue and sell general obligation school bonds of the County in an aggregate principal amount not to exceed $1,300,000 (the "Bonds") for the purpose of financing certain capital projects for school purposes. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bonds. It is determined to be in the best interest of the County to accept the offer of the Virginia Public School Authority (the "VPSA") to purchase from the County, and to sell to the VPSA, the Bonds at par upon the terms established pursuant to this Resolution. The County Administrator and the Chairman of the Board, or either of them, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to enter into a Bond Sale Agreement with the VPSA providing for the sale of the Bonds to the VPSA in substantially the form on file with the County Administrator, which form is hereby approved ("Bond Sale Agreement"). 3. Details of the Bonds. The Bonds shall be issuable in fully registered form in denominations of $5,000 and whole multiples thereof; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 1996"; shall bear interest from the date of delivery thereof payable semi-annually on each January 15 and July 15 (each an "Interest Payment Date"), beginning July 15, 1997, (or such other date as the County Administrator may approve) at the rates established in accordance with paragraph 4 of this Resolution; and shall mature on July 15 (or such other date as the County Administrator may approve) in the years (each a "Principal Payment Date") and in the amounts established in accordance with paragraph 4 of this Resolution. 4. Principal Installments and Interest Rates The County Administrator is hereby authorized and directed to accept the interest rates on the Bonds established by the VPSA, provided that each interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid by the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that the true interest cost of the Bonds does not exceed eight percent (8%) per annum. The County Administrator is further authorized and directed to accept the aggregate principal amount of the Bonds and the amounts of principal of the Bonds coming due on each Principal Payment Date ("Principal Installments") established by the VPSA, including any changes in the Interest Payment Dates, the Principal Payment Dates and the Principal Installments which may be requested by VPSA provided that such aggregate principal amount shall not exceed the maximum amount set forth in paragraph one and the final maturity of the Bonds shall not be later than 21 years from their date. The execution and delivery of the Bonds as described in paragraph 8 hereof shall conclusively evidence such Interest Payment Dates, Principal Payment Dates, interest rates, principal amount and Principal Installments as having been so accepted as authorized by this Resolution. 5. Form of the Bonds. For as long as the VPSA is the registered owner of the Bonds, the Bonds shall be in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. On twenty (20) days written notice from the VPSA, the County shall deliver, at its expense, Bonds in marketable form in denominations of $5,000 and whole multiples thereof, as requested by the VPSA, in exchange for the temporary typewritten Bond. 6. Payment; Paying_~ent and Bond Registrar The following provisions shall apply to the Bonds: (a) For as long as the VPSA the Bonds, all payments of principal interest on the Bonds shall be made in to the VPSA at or before 11:00 a.m. Payment Date, Principal Payment Date o or redemption, or if such date is not is the registered owner of of, premium, if any, and immediately available funds on the applicable Interest r date fixed for prepayment a business day for Virginia -2- banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day next preceding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption; (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds; and (c) Crestar Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 7. Prepavment or Redemption. The Principal Installments of the Bonds held by the VPSA coming due on or before July 15, 2007, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before July 15, 2007, are not subject to prepayment or redemption prior to their stated maturities. The Principal Installments of the Bonds held by the VPSA coming due after July 15, 2007, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature after July 15, 2007, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, 2007, upon payment of the prepayment or redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15, 2007 to July 14, 2008, 103% inclusive July 15, 2008 to July 14, 2009, 102 inclusive July 15, 2009 to July 14, 2010, 101 inclusive July 15, 2010 and 100 thereafter ................. Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. The County Administrator is authorized to approve such other redemption provisions, including changes to the redemption -3- dates set forth above, as may be set forth in the Bond Sale Agreement. 8. Execution of the Bonds. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds and to affix the seal of the County thereto. 9. Pledae of Full Faith and Credit For the prompt payment of the principal of, and the premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ~ valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of, and the premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. 10. Use of Proceeds Certificate; Non-Arbitrage Certificate. The Chairman of the Board and the County Administrator, or either of them, and such officer or officers of the County as either may designate are hereby authorized and directed to execute a Non-Arbitrage Certificate, if requested by bond counsel, and a Use of Proceeds Certificate setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Board covenants on behalf of the County that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Use of Proceeds Certificate and the County shall comply with the covenants and representations contained therein and (ii) the County shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 11. State Non-Arbitrage Program; Proceeds Aareement The Board hereby determines that it is in the best interests of the County to authorize and direct the County Treasurer to participate in the State Non-Arbitrage Program in connection with the Bonds. The County Administrator and the Chairman of the Board, or either of them, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the County, the -4- other participants in the sale of the VPSA Bonds, the VPSA, the investment manager, and the depository substantially in the form on file with the County Administrator, which form is hereby approved. 12. Continuina Disclosure Agreement. The Chairman of the Board and the County Administrator, or either of them, and such officer or officers of the County as either of them may designate are hereby authorized and directed to execute a Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the County and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12. 13. F'ilinq of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County. 14. Further Actions. The County Administrator, the Chairman of the Board, and such other officers, employees and agents of the County as either of them may designate are hereby authorized to take such action as the County Administrator or the Chairman of the Board may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 15. Effective Date. This Resolution shall take effect immediately. The undersigned Deputy Clerk of the Board of Supervisors of the County of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of Supervisors held on September 24, 1996, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. On motion of Supervisor Harrison to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Brenda J. lton, Deputy Clerk Roanoke County Board of Supervisors -5- cc: File Diane D. Hyatt, Director, Finance Paul M. Mahoney, County Attorney Dr. Deanna Gordon, School Superintendent WITNESS MY HAND and the seal of the Board of Supervisors of the County of Roanoke, Virginia, this 24th day of September, 1996. Brenda J. Holton, Deputy Clerk Board of Supervisors of the County of Roanoke, Virginia (SEAL) -6- RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA September 24, 1996 At a regular meeting of the Board of Supervisors of the County of Roanoke, Virginia, held on September 24, 1996, the following persons were present or absent as shown: PRESENT: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson ABSENT: None ABSENT: Upon motion by Supervisor Harrison,the following resolution was adopted by a majority of the members of the Board of Supervisors by the following roll call vote, as recorded in the minutes of the meeting: MEMBER VOTE Supervisor Eddy Yes Supervisor Minnix Yes Supervisor Harrison Yes Supervisor Nickens Yes Supervisor Johnson Yes EXHIBIT A (FORM OF TEMPORARY BOND) NO. TR-1 UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA COUNTY OF ROANOKE General Obligation School Bond Series 1996 The COUNTY OF ROANOKE, VIRGINIA (the "County"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY the principal amount of Dollars ($ ), in annual installments in the amounts set forth on Schedule I attached hereto payable on July 15, and annually on July 15 thereafter to and including July 15, (each a "Principal Payment Date"), together with interest from the date of this Bond on the unpaid installments, payable semi-annually on January 15 and July 15 of each year commencing on July 15, 1997 (each an "Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annum set forth on Schedule I attached hereto, subject to prepayment or redemption as hereinafter provided. Both principal of and interest on this Bond are payable in lawful money of the United States of America. For as long as the Virginia Public School Authority is the registered owner of this Bond, Richmond, Virginia, as bond registrar (the "Bond Registrar") shall make all payments of principal of, premium, if any, and interest on this Bond, without presentation or surrender hereof, to the Virginia Public School Authority, in immediately available funds at or before 11:00 a.m. on the applicable Payment Date or date fixed for prepayment or redemption. If a Payment Date or date fixed for prepayment or redemption is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal of, premium, if any, or interest on this Bond shall be made in immediately available funds at or before 11:00 a.m. on the business day next preceding the scheduled Payment Date or date fixed for prepayment or redemption. Upon receipt by the registered owner of this Bond of said payments of principal, premium, if any, and interest, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the County shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. The full faith and credit of the County are irrevocably pledged for the payment of the principal of, premium, if any, and interest on this Bond. The resolution adopted by the Board of Supervisors authorizing the issuance of the Bonds provides, and Section 15.1-227.25 of the Code of Virginia of 1950, as amended, requires, that there shall be levied and collected an annual tax upon all taxable property in the County subject to local taxation sufficient to provide for the payment of the principal of, premium, -2- if any, and interest on this Bond as the same shall become due which tax shall be without limitation as to rate or amount and shall be in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 5.1, Title 15.1, Code of Virginia of 1950, as amended, and resolutions duly adopted by the Board of Supervisors of the County and the School Board of the County to provide funds for capital projects for school purposes. This Bond may be exchanged without cost at the office of the Bond Registrar for an equal aggregate principal amount of bonds in definitive form having maturities and bearing interest at rates corresponding to the maturities of and the interest rates on the installments of principal of this Bond then unpaid, issuable in fully registered form in the denominations of $5,000 and whole multiples thereof. On twenty (20) days written notice from the Virginia Public School Authority, the County shall deliver, at its expense, this Bond in marketable form, in exchange for the temporary typewritten Bond. This Bond is registered in the name of the Virginia Public School Authority on the books of the County kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an -3- assignment by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove provided, such definitive Bonds to be registered on such registration books in the name of the assignee or assignees named in such assignment. The principal installments of this Bond coming due on or before July 15, and the definitive Bonds for which this Bond may be exchanged that mature on or before July 15, are not subject to prepayment or redemption prior to their stated maturities. The principal installments of this Bond coming due after July 15, and the definitive Bonds for which this Bond may be exchanged that mature after July 15, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, upon payment of the prepayment or redemption prices (expressed as percentages of principal installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15, to July 14, 103% inclusive July 15, to July 14, 102 inclusive July 15, to July 14, 101 inclusive July 15, and 100 thereafter ............... -4- Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without the prior written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in due time, form and manner as so required, and this Bond, together with all other indebtedness of the County, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the Board of Supervisors of the County of Roanoke, Virginia, has caused this Bond to be issued in the name of the County of Roanoke, Virginia, to be signed by its Chairman, its seal to be affixed hereto and attested by the signature of its Clerk, and this Bond to be dated 1996. COUNTY OF ROANOKE, VIRGINIA (SEAL) ATTEST: By Clerk, Board of Supervisors Chairman, Board of Supervisors of the County of Roanoke, of the County of Roanoke, Virginia Virginia -5- ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) the within Bond and irrevocably constitutes and appoints attorney to exchange said Bond for definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of substitution in the premises. PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: Dated: Signature Guaranteed: (NOTICE: Signature(s) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company.) Registered Owner (NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration or change.) W:\VSA\ROANK\ROANK30.RS3 ACTION NO. ITEM NUMBER ~ v\ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 24, 1996 AGENDA ITEM: Public Hearing and Authorization to Issue $1,300,000 General Obligation School Bonds through the Virginia Public School Authority COUNTY ADMINISTRATOR'S OMMENTS BACKGROUND: On August 27, 1996 the Board approved a resolution authorizing an application to the Virginia Public School Authority to participate in the 1996 Fall VPSA bond sale in the amount of $1,300,000. This money is needed to complete the Northside High School gymnasium /auditorium / classroom addition. SUMMARY OF INFORMATION: As part of the Virginia Public School Authority's bond procedure the County is required to hold a public hearing and adopt the attached resolution authorizing the issuance of the bonds. FISCAL IMPACT: The first debt payment on this issue will not be due until 1997-98 fiscal year. It will average around $130,000 per year. STAFF RECOMMENDATION• At the conclusion of the public hearing staff recommends adopting the attached resolution authorizing the issuance of $1,300,000 General Obligation bonds through the Virginia Public School Authority. m:\finance\common\board\9-24-96.wpd September 20, 1996 S- ~ SUBMITTED BY: (..CLrzr~ XJ• ~~z-t~~7 Diane D. Hyatt Director of Finance APPROVED: ~~ Elmer C. Hodge County Administrator Eddy Harrison _ Johnson Minnix Nickens )6 No Yes Abs A RESOLUTION AUTHORIZING THE ISSUANCE OF ~ $1,300,000 GENERAL OBLIGATION SCHOOL BONDS OF THE COUNTY OF ROANOKE, VIRGINIA TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF WHEREAS, the Board of Supervisors (the "Board") of the County of Roanoke, Virginia (the "County") has determined that it is necessary and expedient to borrow not to exceed $1,300,000 and to issue its general obligation school bonds to finance certain capital projects for school purposes. WHEREAS, the County has held a public hearing, after due publication of notice, in accordance with Section 15.1-227.8, Code of Virginia of 1950, as amended (the "Virginia Code") on September 24, 1996 on the issuance of school bonds in the amount of $1,300,000. WHEREAS the School Board of the County has requested by resolution the Board to authorize the issuance of the Bonds (as defined below) and has consented to the issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds The Board hereby determines that it is advisable to contract a debt and to issue and sell general obligation school bonds of the County in an aggregate principal amount not to exceed $1,300,000 (the "Bonds") for the purpose of financing certain capital projects for school purposes. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bonds. It is determined to be in the best interest of the County to accept the offer of the Virginia Public School Authority (the "VPSA") to purchase from the County, and to sell to the VPSA, the Bonds at par upon the terms established pursuant to this Resolution. The County Administrator and the Chairman of the Board, or either of them, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to enter into a Bond Sale Agreement with the VPSA providing for the sale of the Bonds to the VPSA in substantially the form on file with the County Administrator, which form is hereby approved ("Bond Sale Agreement"). 3. Details of the Bonds. The Bonds shall be issuable in fully registered form in denominations of $5,000 and whole multiples thereof; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 1996"; shall bear interest from the date of delivery thereof payable semi-annually on each January 15 and July 15 (each an "Interest Payment Date"), beginning July 15, 1997, (or such other date as the County Administrator may approve) at the rates established in accordance with paragraph 4 of this n~ Resolution; and shall mature on July 15 (or such other date as the County Administrator may "' approve) in the years (each a "Principal Payment Date") and in the amounts established in accordance with paragraph 4 of this Resolution. 4. Principal Installments and Interest Rates. The County Administrator is hereby authorized and directed to accept the interest rates on the Bonds established by the VPSA, provided that each interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid by the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that the true interest cost of the Bonds does not exceed eight percent (8%) per annum. The County Administrator is further authorized and directed to accept the aggregate principal amount of the Bonds and the amounts of principal of the Bonds coming due on each Principal Payment Date ("Principal Installments") established by the VPSA, including any changes in the Interest Payment Dates, the Principal Payment Dates and the Principal Installments which may be requested by VPSA provided that such aggregate principal amount shall not exceed the maximum amount set forth in paragraph one and the final maturity of the Bonds shall not be later than 21 years from their date. The execution and delivery of the Bonds as described in paragraph 8 hereof shall conclusively evidence such Interest Payment Dates, Principal Payment Dates, interest rates, principal amount and Principal Installments as having been so accepted as authorized by this Resolution. 5. Form of the Bonds. For as long as the VPSA is the registered owner of the Bonds, the Bonds shall be in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. On twenty (20) days written notice from the VPSA, the County shall deliver, at its expense, Bonds in marketable form in denominations of $5,000 and whole multiples thereof, as requested by the VPSA, in exchange for the temporary typewritten Bond. 6. Payment: Paying_Agent and Bond Re isg trar• The following provisions shall apply to the Bonds: (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal of, premium, if any, and interest on the Bonds shall be made in immediately available funds to the VPSA at or before 11:00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day next preceding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption; (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds; and -2- ~o~"" (c) Crestar Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 7. Prepavment or Redemption. The Principal Installments of the Bonds held by the VPSA coming due on or before July 15, 2007, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before July 15, 2007, are not subject to prepayment or redemption prior to their stated maturities. The Principal Installments of the Bonds held by the VPSA coming due after July 15, 2007, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature after July 15, 2007, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, 2007, upon payment of the prepayment or redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15, 2007 to July 14, 2008, inclusive 103% July 15, 2008 to July 14, 2009, inclusive 102 July 15, 2009 to July 14, 2010, inclusive 101 July 15, 2010 and thereafter ................. 100 Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. The County Administrator is authorized to approve such other redemption provisions, including changes to the redemption dates set forth above, as may be set forth in the Bond Sale Agreement. 8. Execution of the Bonds. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds and to affix the seal of the County thereto. 9. Pledge of Full Faith and Credit. For the prompt payment of the principal of, and the premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of, and the premium, if any, and the interest -3- s~ on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. 10. Use of Proceeds Certificate; Non-Arbitrage Certificate. The Chairman of the Board and the County Administrator, or either of them, and such officer or officers of the County as either may designate are hereby authorized and directed to execute aNon-Arbitrage Certificate, if requested by bond counsel, and a Use of Proceeds Certificate setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Board covenants on behalf of the County that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Use of Proceeds Certificate and the County shall comply with the covenants and representations contained therein and (ii) the County shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 11. State Non-Arbitrage Program; Proceeds Agreement. The Board hereby determines that it is in the best interests of the County to authorize and direct the County Treasurer to participate in the State Non-Arbitrage Program in connection with the Bonds. The County Administrator and the Chairman of the Board, or either of them, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the County, the other participants in the sale of the VPSA Bonds, the VPSA, the investment manager, and the depository substantially in the form on file with the County Administrator, which form is hereby approved. 12. Continuing Disclosure Agreement. The Chairman of the Board and the County Administrator, or either of them, and such officer or officers of the County as either of them may designate are hereby authorized and directed to execute a Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the County and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12. 13. Filing of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County. 14. Further Actions. The County Administrator, the Chairman of the Board, and such other officers, employees and agents of the County as either of them may designate are -4- ,~ ° '~''• hereby authorized to take such action as the County Administrator or the Chairman of the Board may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 15. Effective Date. This Resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of the County of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of Supervisors held on September 24, 1996, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. WITNESS MY HAND and the seal of the Board of Supervisors of the County of Roanoke, Virginia, this day of September, 1996. Clerk, Board of Supervisors of the County of Roanoke, Virginia (SEAL) -5- ~~ EXHIBIT A (FORM OF TEMPORARY BOND) NO. TR-1 UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA COUNTY OF ROANOKE General Obligation School Bond Series 1996 The COUNTY OF ROANOKE, VIRGINIA (the "County"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY the principal amount of Dollars ($ ), in annual installments in the amounts set forth on Schedule i attached hereto payable on July 15, and annually on July 15 thereafter to and including July 15, (each a "Principal Payment Date"), together with interest from the date of this Bond on the unpaid installments, payable semi-annually on January 15 and July 15 of each year commencing on July 15, 1997 (each an "Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annum set forth on Schedule I attached hereto, subject to prepayment or redemption as hereinafter provided. Both principal of and interest on this Bond are payable in lawful money of the United States of America. ~- a. For as long as the Virginia Public School Authority is the registered owner of this Bond, Richmond, Virginia, as bond registrar (the "Bond Registrar") shall make all payments of principal of, premium, if any, and interest on this Bond, without presentation or surrender hereof, to the Virginia Public School Authority, in immediately available funds at or before 11:00 a.m. on the applicable Payment Date or date fixed for prepayment or redemption. If a Payment Date or date fixed for prepayment or redemption is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal of, premium, if any, or interest on this Bond shall be made in immediately available funds at or before 11:00 a.m. on the business day next preceding the scheduled Payment Date or date fixed for prepayment or redemption. Upon receipt by the registered owner of this Bond of said payments of principal, premium, if any, and interest, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the County shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. The full faith and credit of the County are irrevocably pledged for the payment of the principal of, premium, if any, and interest on this Bond. The resolution adopted by the Board of Supervisors authorizing the issuance of the Bonds provides, and Section 15.1-227.25 of the Code of Virginia of 1950, as amended, requires, that there shall be levied and collected an annual tax upon all taxable property in the County subject to local taxation sufficient to provide for the payment of the principal of, premium, if any, and interest on this Bond as the same shall become due which tax shall be without limitation as to rate or amount and shall be in addition to all other -2- ..'"' taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 5.1, Title 15.1, Code of Virginia of 1950, as amended, and resolutions duly adopted by the Board of Supervisors of the County and the School Board of the County to provide funds for capital projects for school purposes. This Bond may be exchanged without cost at the office of the Bond Registrar for an equal aggregate principal amount of bonds in definitive form having maturities and bearing interest at rates corresponding to the maturities of and the interest rates on the installments of principal of this Bond then unpaid, issuable in fully registered form in the denominations of $5,000 and whole multiples thereof. On twenty (20) days written notice from the Virginia Public School Authority, the County shall deliver, at its expense, this Bond in marketable form, in exchange for the temporary typewritten Bond. This Bond is registered in the name of the Virginia Public School Authority on the books of the County kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove provided, such definitive Bonds to be registered on such registration books in the name of the assignee or assignees named in such assignment. -3- w~ The principal installments of this Bond coming due on or before July 15, ,and the definitive Bonds for which this Bond may be exchanged that mature on or before July 15, , are not subject to prepayment or redemption prior to their stated maturities. The principal installments of this Bond coming due after July 15, ,and the definitive Bonds for which this Bond may be exchanged that mature after July 15, ,are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, ,upon payment of the prepayment or redemption prices (expressed as percentages of principal installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15, to July 14, ,inclusive 103% July 15, to July 14, ,inclusive 102 July 15, to July 14, ,inclusive 101 July 15, and thereafter ............... 100 Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without the prior written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in due time, form and manner as so -4- required, and this Bond, together with all other indebtedness of the County, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the Board of Supervisors of the County of Roanoke, Virginia, has caused this Bond to be issued in the name of the County of Roanoke, Virginia, to be signed by its Chairman, its seal to be affixed hereto and attested by the signature of its Clerk, and this Bond to be dated , 1996. COUNTY OF ROANOKE, VIRGINIA (SEAL) ATTEST: By Clerk, Board of Supervisors Chairman, Board of Supervisors of the County of Roanoke, of the County of Roanoke, Virginia Virginia -5- ~~ ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) the within Bond and irrevocably constitutes and appoints attorney to exchange said Bond for definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of substitution in the premises. PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: Dated: Signature Guaranteed: (NOTICE: Signature(s) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company.) Registered Owner (NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration or change.) W:\VSA\ROANK\ROANK30.RS3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 24, 1996 ORDINANCE 092496-6 AMENDING THE ROANORE COUNTY CODE BY ADDING ARTICLE II. Regulation of Open Burning., SECTION 9-5, itle., SECTION 9-6, Purpose., SECTION 9-7, Definitions., SECTION 9-8, Prohibitions on open burning., SECTION 9-9, Exemptions., SECTION 9- 10, Permissible open burning., SECTION 9-11, Permits, AND SECTION 9-12, Penalties for violation., AMENDING SECTION 9-18, Enforcement, OF ARTICLE III, Virginia Statewide Fire Prevention Code, REPEALING SECTION 9-3 Burning of woods, brush, leaves, etc. AND SECTION 9-4, Burning of waste material near residence, garage, etc. OF ARTICLE I. In General, OF CHAPTER 9, FIRE PREVENTION AND PROTECTION AND REPEALING SECTION 3-2 Permitted oven burnnct of___leaves from trees OF ARTICLE I. In General, OF CHAPTER 3, AIR POLLU CONTROL. WHEREAS, regulations of the State Air Pollution Control Board permit transfer of responsibility of regulation of open burning operations from the Board to a locality upon the adoption by the governing body of a locality of regulations governing such open burning operations; and WHEREAS, adoption of an ordinance regulating open burning operations within the County of Roanoke would improve public safety, increase convenience for county residents and businesses seeking to conduct such operations, and meets the State's requirements for certain types of open burning operations; and, WHEREAS, the first reading of this ordinance was held on September 10, 1996; and the second reading and public hearing was held on September 24, 1996. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Chapter 9 FIRE PREVENTION AND PROTECTION, be amended by the enactment of a new Article II. Regulation of Open Burnina, as follows: ARTICLE II. REGULATION OF OPEN BURNING Sec. 9-5. Title. This Article shall be known as the Roanoke County Ordinance for the Regulation of Open Burning. Sec. 9-6. Purpose. The purpose of this article is to protect public health, safety, and welfare by regulating open burning within the County of Roanoke to achieve and maintain, to the greatest extent practicable, a level of air quality that will provide comfort and convenience while promoting economic and social development. This Article is intended to supplement the applicable regulations promulgated by the State Air Pollution Control Board and other applicable regulations and laws. Sec. 9-7. Definitions. For the purpose of this Article and subsequent amendments or any orders issued by the County of Roanoke, the words or phrases shall have the meaning given them in this section. A. "Automobile graveyard" means any lot or place which is exposed to the weather and upon which more than five motor vehicles of any kind, incapable of being operated, and which it would not be economically practical to make operative, are placed, located or found. B. "Clean burning waste" means waste which does not produce dense smoke when burned and is not prohibited to be burned under 2 this ordinance. C. "Construction waste" means solid waste which is produced or generated during construction of structures. Construction waste consists of lumber, wire, sheetrock, broken brick, shingles, glass, pipes, concrete, and metal and plastics if the metal or plastics are a part of the materials of construction or empty containers for such materials. Paints, coatings, solvents, asbestos, any liquid, compressed gases or semi-liquids, and garbage are not construction wastes and the disposal of such materials must be in accordance with the regulations of the Virginia Waste Management Board. D. "Debris waste" means stumps, wood, brush, and leaves from land clearing operations. E. "Demolition waste" means that solid waste which is produced by the destruction of structures and their foundations and includes the same materials as construction waste. F. "Garbage" means rotting animal and vegetable matter accumulated by a household in the course of ordinary day-to-day living. G. "Hazardous waste" means refuse or combination of refuse which, because of its quantity, concentration or physical, chemical or infectious characteristics may: 1. cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating illness; or 2. pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, 3 transported, disposed, or otherwise managed. H. "Household refuse" means waste material and trash normally accumulated by a household in the course of ordinary day- to-day living. I. "Industrial waste" means all waste generated on the premises of manufacturing and industrial operations such as, but not limited to, those carried on in factories, processing plants, refineries, slaughter houses, and steel mills. J. "Junkyard" means an establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary fills. K. "Landfill" means a sanitary landfill, an industrial waste landfill, or a construction/demolition/debris landfill. See Solid Waste Management Regulations (VR 672-20-10) for further definitions of these terms. L. "Local landfill" means any landfill located within the jurisdiction of a local government. M. "Open burning" means the burning of any matter in such a manner that the products resulting from combustion are emitted directly into the atmosphere without passing through a stack, duct or chimney. N. "Open pit incinerator" means a device used to burn waste for the primary purpose of reducing the volume by removing 4 combustible matter. Such devices function by directing a curtain of air at an angle across the top of a trench or similarly enclosed space, thus reducing the amount of combustion by-products emitted into the atmosphere. The term also includes trench burners, air curtain destructors and over draft incinerators. O. "Refuse" means trash, rubbish, garbage and other forms of solid or liquid waste, including, but not limited to, wastes resulting from residential, agricultural, commercial, industrial, institutional, trade, construction, land clearing, forest management and emergency operations. P. "Salvage operation" means any operation consisting of a business, trade or industry participating in salvaging or reclaiming any product or material, such as, but not limited to, reprocessing of used motor oils, metals, chemicals, shipping containers or drums, and specifically including automobile graveyards and junkyards. Q. "Sanitary landfill" means an engineered land burial facility for the disposal of household waste which is so located, designed, constructed, and operated to contain and isolate the waste so that it does not pose a substantial present or potential hazard to human health or the environment. A sanitary landfill also may receive other types of solid wastes, such as commercial solid waste, nonhazardous sludge, hazardous waste from conditionally exempt small quantity generators, and nonhazardous industrial solid waste. See Solid Waste Management Regulations (VR 672-20-10) for further definitions of these terms. 5 R. "Smoke" means small gas-borne particulate matter consisting mostly, but not exclusively, of carbon, ash and other material in concentrations sufficient to form a visible plume. S. "Special incineration device" means a pit incinerator, conical or teepee burner, or any other device specifically designed to provide good combustion performance. Sec. 9-8. Prohibitions on open burning. A. No owner or other person shall cause or permit open burning or the use of a special incineration device for disposal of refuse except as provided in this ordinance. B. No owner or other person shall cause or permit open burning or the use of a special incineration device for disposal of rubber tires, asphaltic materials, crankcase oil, impregnated wood or other rubber or petroleum based materials except when conducting bona fide fire fighting instruction at fire fighting training schools having permanent facilities. C. No owner or other person shall cause or permit open burning or the use of a special incineration device for disposal of hazardous waste or containers for such materials. D. No owner or other person shall cause or permit open burning or the use of a special incineration device for the purpose of a salvage operation or for the disposal of commercial/industrial waste. E. Open burning or the use of special incineration devices permitted under the provisions of this ordinance does not exempt or excuse any owner or other person from the consequences, liability, 6 damages or injuries which may result from such conduct; nor does it excuse or exempt any owner or other person from complying with other applicable laws, ordinances, regulations and orders of the governmental entities having jurisdiction, even though the open burning is conducted in compliance with this ordinance. In this regard special attention should be directed to § 10.1-1142 of the Forest Fire Law of Virginia, the regulations of the Virginia Waste Management Board, and the State Air Pollution Control Board's Regulations for the Control and Abatement of Air Pollution. F. Upon declaration of an alert, warning or emergency stage of an air pollution episode as described in Part VII of the Regulations for the Control and Abatement of Air Pollution or when deemed advisable by the State Air Pollution Control Board to prevent a hazard to, or an unreasonable burden upon, public health or welfare, no owner or other person shall cause or permit open burning or use of a special incineration device; and any in process burning or use of special incineration devices shall be immediately terminated in the designated air quality control region. Sec. 9-9. Exemptions. The following activities are exempted to the extent covered by the State Air Pollution Control Board's Regulations for the Control and Abatement of Air Pollution: A. open burning for training and instruction of government and public fire fighters under the supervision of the designated official and industrial in-house fire fighting personnel; 7 B. open burning for camp fires or other fires that are used solely for recreational purposes, for ceremonial occasions, for outdoor noncommercial preparation of food, and for warming of outdoor workers; C. open burning for the destruction of any combustible liquid or gaseous material by burning in a flare or flare stack; D. open burning for forest management and agriculture practices approved by the State Air Pollution Control Board; and E. open burning for the destruction of classified military documents. Sec. 9-10. Permissible open burning. A. Open burning is permitted for the disposal of leaves and tree, yard and garden trimmings located on the premises of private property, provided that the conditions are met: 1. The burning takes place on the premises of the private property; and 2. The location of the burning is not less than 300 feet from any occupied building unless the occupants have given prior permission, other than a building located on the property on which the burning is conducted; and 3. No regularly scheduled public or private collection service for such trimmings is available at the adjacent street or public road. B. Open burning is permitted for the disposal of household refuse by homeowners or tenants, provided that the following conditions are met: 8 1. The burning takes place on the premises of the dwelling; 2. Animal carcasses or animal wastes are not burned; 3. Garbage is not burned; 4. The location of the burning is not less than 300 feet from any occupied building unless the occupants have given prior permission, other than a building located on the property on which the burning is conducted; and 5. No regularly scheduled public or private collection service for such refuse is available at the adjacent street or public road. C. Open burning is permitted for the disposal of debris waste resulting from property maintenance, from the development or modification of roads and highways, parking areas, railroad tracks, pipelines, power and communication lines, buildings or building areas, sanitary landfills, or from any other clearing operations which may be approved by the Roanoke County Fire Marshal, provided the following conditions are met: 1. All reasonable effort shall be made to minimize the amount of material burned, with the number and size of the debris piles approved by the Roanoke County Fire Marshal; 2. The material to be burned shall consist of brush, stumps and similar debris waste and shall not include demolition material; 3. The burning shall be at least 500 feet from any occupied building unless the occupants have given prior 9 permission, other than a building located on the property on which the burning is conducted; 4. The burning shall be conducted at the greatest distance practicable from highways and air fields; 5. The burning shall be attended at all times and conducted to ensure the best possible combustion with a minimum of smoke being produced; 6. The burning shall not be allowed to smolder beyond the minimum period of time necessary for the destruction of the materials; and 7. The burning shall be conducted only when the prevailing winds are away from any city, town or built-up area. D. Open burning is permitted for the disposal of debris on the site of local landfills provided that the burning does not take place on land that has been filled and covered so as to present an underground fire hazard due to the presence of methane gas provided the following conditions are met: 1. The burning shall take place on the premises of a local sanitary landfill which meets the provisions of the regulations of the Virginia Waste Management Board; 2. The burning shall be attended at all times; 3. The material to be burned shall consist only of brush, tree trimmings, yard and garden trimmings, clean burning construction waste, clean burning debris waste, or clean burning demolition waste; 4. All reasonable effort shall be made to minimize the 10 amount of material that is burned; 5. No materials may be burned in violation of the regulations of the Virginia Waste Management Board or the State Air Pollution Control Board. The exact site of the burning on a local landfill shall be established in coordination with the regional director and the Roanoke County Fire Marshal; no other site shall be used without the approval of these officials. The Roanoke County Fire Marshal shall be notified of the days during which the burning will occur Sec. 9-il. Permits. A. When open burning of debris waste (Sec. 9-10.C.) or open burning of debris on the site of a local landfill (Sec. 9-10.D) is to occur within Roanoke County, the person responsible for the burning shall obtain a permit from the Roanoke County Fire Marshal prior to the burning. Such a permit may be granted only after confirmation by the Roanoke County Fire Marshal that the burning can and will comply with the provisions of this ordinance and any other conditions which are deemed necessary to ensure that the burning will not endanger the public health and welfare and to ensure compliance with any applicable provisions of the State Air Pollution Control Board's Regulations for the Control and Abatement of Air Pollution. The permit may be issued for each occasion of burning or for a specific period of time deemed appropriate by the Roanoke County Fire Marshal. B. Prior to the initial installation (or reinstallation, in 11 cases of relocation) and operation of special incineration devices, the person responsible for the burning shall obtain a permit from the Roanoke County Fire Marshal, such permits to be granted only after confirmation by the Roanoke County Fire Marshal that the burning can and will comply with the applicable provisions in Regulations for the Control and Abatement of Air Pollution and that any conditions are met which are deemed necessary by the Roanoke County Fire Marshal to ensure that the operation of the devices will not endanger the public health and welfare. Permits granted for the use of special incineration devices shall, at a minimum, contain the following conditions: 1. All reasonable effort shall be made to minimize the amount of material that is burned. Such efforts shall include, but are not limited to, the removal of pulpwood, sawlogs and firewood. 2. The material to be burned shall consist of brush, stumps and similar debris waste and shall not include demolition material. 3. The burning shall be at least 300 feet from any occupied building unless the occupants have given prior permission, other than a building located on the property on which the burning is conducted; burning shall be conducted at the greatest distance practicable from highways and air fields. If the Roanoke County Fire Marshal determines that it is necessary to protect public health and welfare, he may direct that any of the above 12 cited distances be increased. 4. The burning shall be attended at all times and conducted to ensure the best possible combustion with a minimum of smoke being produced. Under no circumstances should the burning be allowed to smolder beyond the minimum period of time necessary for the destruction of the materials. 5. The burning shall be conducted only when the prevailing winds are away from any city, town or built-up area. 6. The use of special incineration devices shall be allowed only for the disposal of debris waste, clean burning construction waste, and clean burning demolition waste. 7. Permits issued under this subsection shall be limited to a specific period of time deemed appropriate by the Roanoke County Fire Marshal. Sec. 9-12. Penalties for violation. A. Any violation of this ordinance is punishable as a Class I misdemeanor. B. Each separate incident may be considered a new violation. 2. That Chapter 9 FIRE PREVENTION AND PROTECTION, Article I. In General, be amended by the repeal of Section 9-3, $urnina of woods, brush, leaves, etc and Section 9-4, Burning of waste material near residence, garage, etc ; 13 3. That Chapter 3 AIR POLLUTION CONTROL, Article I. ~ General, be amended by the repeal of Section 3-2. Permitted open burning of leaves from trees ; 4. That Article II. Virainia Statewide Fire Prevention Code, be redesignated as "Article III. Virainia Statewide Fire Prevention Code," of Chapter 9 TIRE PREVENTION AND PROTECTION of the Roanoke County Code. 5. That Section 9-18. I~nforcement of Article III. Virginia Statewide Fire Prevention Code, of Chapter 9 FIRE PREVENTION AND PROTECTION of the Roanoke County Code be amended and reenacted, as follows: Sec. 9-18. Enforcement. (a) The Roanoke County Fire Marshal is hereby directed to enforce the provisions of the Virginia Statewide Fire Prevention ......................... Code and this t~~ ~od8. The county fire marshal shall establish such procedures or requirement as may be necessary for the administration and enforcement of said code .and chapter,. The county fire marshal is hereby authorized to issue a summons for any violation of the provisions of the code, pursuant to the provisions of Section F-106.;9;$ of said Code. The fire marshal shall coordinate his enforcement activities with the county building official and zoning administrator. The fire marshal shall assign and detail such members of the Roanoke County Fire and Rescue Department as inspectors or other assistants as he may deem necessary in administering and enforcing the provisions of such code arid' ......................... chapter. 14 6. That this ordinance shall be in full force and effect from and after September 25, 1996. On motion of Supervisor Harrison to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Brenda J. H lton, Deputy Clerk Roanoke County Board of Supervisors 15 cc: File Richard E. Burch, Jr., Chief of Fire & Rescue Joseph B. Obenshain, Senior Assistant County Attorney Circuit Court G. O. Clemens, Judge Roy B. Willett, Judge Clifford R. Weckstein, Judge Diane McQ. Strickland, Judge Richard C. Pattisall, Judge Robert P. Doherty, Jr., Judge Steven A. McGraw, Clerk Juvenile Domestic Joseph M. Clarke, Philip Trompeter, John B. Ferguson, Joseph P. Bounds, Ruth P. Bates, C1~ Intake Counsellor Relations District Court II, Judge Judge Judge Judge :rk General District Court John L. Apostolou, Judge George W. Harris, Judge William Broadhurst, Judge Vincent Lilley, Judge Julian H. Raney, 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 Law Library, Singleton Osterhoudt Roanoke County Code Book Gerald S. Holt, Sheriff John M. Chambliss, Jr., Assistant County Administrator Don C. Myers, Assistant County Administrator Diane D. Hyatt, Director, Finance O. Arnold Covey, Director, Engineering & Inspections Terrance L. Harrington, Director, Planning & Zoning Gary Robertson, Director, Utility Michael Lazzuri, Court Services William J. Rand, III, Director, General Services Thomas S. Haislip, Director, Parks & Recreation Elaine Carver, Director, Procurement John W. Birckhead, Director, Real Estate Assessment Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue 16 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 24, 1996 AGENDA ITEM: Second Reading of an Ordinance to amend the County Code as it relates to Open Burning COLTNTV ADMTNTSTR_ATOR'S COMMENTS: Recommend approval of 2nd reading of this ordinance. Yes, this is another case of a state mandate without funding, but it needs to be dealt with. We have incorporated suggestions made by the Board and citizens who have contacted us. I believe you will be pleased with the amended ordinance. It reaches a balance that allows people to burn if necessary without undue bureaucracy while maintaining our ability to deal with violators. Hopefully this protects neighboring properties and looks out for those people with respiratory diseases who might be adversely affected. On September 10, the first reading was held for an ordinance to amend the County Code relating to Open Burning. During the discussion, several changes were suggested by the Board of Supervisors which staff has incorporated into the ordinance. It is important that the Department of Fire and Rescue be informed of open burning activity. The permit process allows staff the opportunity to recommend safety measures necessary to protect surrounding properties and to advise against improper burning. Knowing of planned controlled burning activities reduces the risks associated with unnecessary emergency responses when smoke reports are received by our dispatch center. 1. The revised ordinance has no new fee imposed in relation to the open burning ordinance. This change eliminates the Section 9-11.C which would have imposed a processing fee of $100 for the commercial type burnings. The existing Section 9-19 authorized a $25 fee for permits issued under the Fire Prevention Code. These fees were charged for inspections of buildings of public assembly, use and storage of explosive materials, use and storage of hazardous materials, and for other inspections required under the Fire Prevention Code. There will ~ be a charge for the open burning activities associated with the ordinance changes. The $25 fee for inspections related to hazardous materials, explosives, etc., remains in effect. 2. The permit process for open burning requires a phone-in type permit whereby the property owner would call the Fire 1 /' Marshall's office, describe the materials to be burned, the location of the burn, the preparations (clearing, location of adjacent buildings, surroundings, etc.), and any other pertinent information. The Fire Marshall reserves the right to inspect the site and materials to be burned. The Fire Marshall or designee could then authorize the burn and forward a permit with safety guidelines to the property owner. 3. The Fire Marshall's office will notify the dispatch center and the Fire station serving the area of the plan to burn and any other pertinent information. 4. Penalties for failure to comply with the open burning ordinance constitutes a Class 1 Misdemeanor, which could impose a fine up to $2,500 or 12 months in jail. Section 9-18 Enforcement clarifies the impact of this ordinance to our Fire Prevention Code. 5. Chapter 3 of the County Code AIR POLLUTION CONTROL is amended by repealing Section 3-2 Permitted open burning of leaves from trees. The changes described above eliminates the financial burden on the property owner, simplifies the permit process, and still meets the permit requirements necessary to enforce the requirements of the state's model ordinance. The attached ordinance conforms with the model ordinance prescribed by the State and could be enacted to govern the burning season for the fall of 1996. The proposed ordinance covers the open burning of leaves and tree, yard and garden trimmings; household refuse; debris waste from property maintenance; and the burning at landfill areas. The new ordinance provides the same restrictions and allowances throughout the County which should reduce the disparity of one neighbor being able to burn and the neighbor across the street who was in the urban zone not being able to burn. In effect, the new ordinance eliminates the rural/urban designations that are in place today. If the County does not adopt an open burning ordinance, there would be a prohibition on burning in the urban area while the rural area could burn in accordance with regulations applied by the Virginia Division of Forestry. 2 T~ FISCAL IMPACT: All references to new fees have been eliminated from the revised ordinance. Any cost to administer the program for inspections, mailing of materials, etc. would be assumed by the Department of Fire and Rescue. ALTERNATIVES: 1. Approve the second reading of the attached open burning ordinance to be effective for the 1996 burning season. 2. Consider changes to the model ordinance which must be approved by the State. This process may severely impact the 1996 fall burning season. 3. Do not adopt an open burning ordinance. This will allow the rural areas to burn except for the regulations applied by the Virginia Division of Forestry, but would prohibit open burning in the urban areas. RECOMMENDATION: Staff recommends alternative one which is the approval of the second reading of the attached ordinance. Respectfully submitted, ~ ~ ~~ Richard E. Burch, Jr. Chief of Fire and Rescue Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: Approv by, i Elmer C. Hodge County Administrator VOTE No Yes Abs Eddy Harrison Johnson Minnix Nickens 3 ---_--- /-/ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 24, 1996 ORDINANCE AMENDING THE ROANOKE COUNTY CODE BY ADDING ARTICLE II. Regulation of Open Burning., SECTION 9-5, Title., SECTION 9-6, Purpose., SECTION 9-7, Definitions., SECTION 9-8, Prohibitions on open burning., SECTION 9- 9, Exemptions., SECTION 9-10, Permissible open burning., SECTION 9-11, Permits, AND SECTION 9-12, Penalties for violation., AMENDING SECTION 9-18, Enforcement, OF ARTICLE III, Virginia Statewide Fire Prevention Code, REPEALING SECTION 9-3 Burning of woods, brush leaves, etc. AND SECTION 9-4, Burning of waste material near residence, garage, etc. OF ARTICLE I. In General, OF CHAPTER 9, FIRE PREVENTION AND PROTECTION AND REPEALING SECTION 3-2 Permitted open burning of leaves from trees OF ARTICLE I. In General, OF CHAPTER 3, AIR POLLUTION CONTROL. WHEREAS, regulations of the State Air Pollution Control Board permit transfer of responsibility of regulation of open burning operations from the Board to a locality upon the adoption by the governing body of a locality of regulations governing such open burning operations; and WHEREAS, adoption of an ordinance regulating open burning operations within the County of Roanoke would improve public safety, increase convenience for county residents and businesses seeking to conduct such operations, and meets the State's requirements for certain types of open burning operations; and, WHEREAS, the first reading of this ordinance was held on September 10, 1996; and the second reading and public hearing was held on September 24, 1996. BE IT ORDAINED by the Board of Supervisors of the County of / -" Roanoke, Virginia, as follows: 1. That Chapter 9 FIRE PREVENTION AND PROTECTION, be amended by the enactment of a new Article II. Regulation of Open Burninq, as follows: ARTICLE II. REGULATION OF OPEN BURNING Sec. 9-5. Title. This Article shall be known as the Roanoke County Ordinance for the Regulation of Open Burning. Sec. 9-6. Purpose. The purpose of this article is to protect public health, safety, and welfare by regulating open burning within the County of Roanoke to achieve and maintain, to the greatest extent practicable, a level of air quality that will provide comfort and convenience while promoting economic and social development. This Article is intended to supplement the applicable regulations promulgated by the State Air Pollution Control Board and other applicable regulations and laws. Sec. 9-7. Definitions. For the purpose of this Article and subsequent amendments or any orders issued by the County of Roanoke, the words or phrases shall have the meaning given them in this section. A. "Automobile graveyard" means any lot or place which is exposed to the weather and upon which more than five motor vehicles of any kind, incapable of being operated, and which it would not be economically practical to make operative, are placed, located or found. 2 `?= ~ B. "Clean burning waste" means waste which does not produce dense smoke when burned and is not prohibited to be burned under this ordinance. C. "Construction waste" means solid waste which is produced or generated during construction of structures. Construction waste consists of lumber, wire, sheetrock, broken brick, shingles, glass, pipes, concrete, and metal and plastics if the metal or plastics are a part of the materials of construction or empty containers for such materials. Paints, coatings, solvents, asbestos, any liquid, compressed gases or semi-liquids, and garbage are not construction wastes and the disposal of such materials must be in accordance with the regulations of the Virginia Waste Management Board. D. "Debris waste" means stumps, wood, brush, and leaves from land clearing operations. E. "Demolition waste" means that solid waste which is produced by the destruction of structures and their foundations and includes the same materials as construction waste. F. "Garbage" means rotting animal and vegetable matter accumulated by a household in the course of ordinary day-to-day living. G. "Hazardous waste" means refuse or combination of refuse which, because of its quantity, concentration or physical, chemical or infectious characteristics may: 1. cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating illness; or 3 ~7=" / 2. pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed, or otherwise managed. H. "Household refuse" means waste material and trash normally accumulated by a household in the course of ordinary day- to-day living. I. "Industrial waste" means all waste generated on the premises of manufacturing and industrial operations such as, but not limited to, those carried on in factories, processing plants, refineries, slaughter houses, and steel mills. J. "Junkyard" means an establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary fills. K. "Landfill" means a sanitary landfill, an industrial waste landfill, or a construction/demolition/debris landfill. See Solid Waste Management Regulations (VR 672-20-10) for further definitions of these terms. L. "Local landfill" means any landfill located within the jurisdiction of a local government. M. "Open burning" means the burning of any matter in such a manner that the products resulting from combustion are emitted directly into the atmosphere without passing through a stack, duct or chimney. 4 'T-1 N. "Open pit incinerator" means a device used to burn waste for the primary purpose of reducing the volume by removing combustible matter. Such devices function by directing a curtain of air at an angle across the top of a trench or similarly enclosed space, thus reducing the amount of combustion by-products emitted into the atmosphere. The term also includes trench burners, .air curtain destructors and over draft incinerators. O. "Refuse" means trash, rubbish, garbage and other forms of solid or liquid waste, including, but not limited to, wastes resulting from residential, agricultural, commercial, industrial, institutional, trade, construction, land clearing, forest management and emergency operations. P. "Salvage operation" means any operation consisting of a business, trade or industry participating in salvaging or reclaiming any product or material, such as, but not limited to, reprocessing of used motor oils, metals, chemicals, shipping containers or drums, and specifically including automobile graveyards and junkyards. Q. "Sanitary landfill" means an engineered land burial facility for the disposal of household waste which is so located, designed, constructed, and operated to contain and isolate the waste so that it does not pose a substantial present or potential hazard to human health or the environment. A sanitary landfill also may receive other types of solid wastes, such as commercial solid waste, nonhazardous sludge, hazardous waste from conditionally exempt small quantity generators, and nonhazardous 5 / '~ industrial solid waste. See Solid Waste Management Regulations (VR 672-20-10) for further definitions of these terms. R. "Smoke" means small gas-borne particulate matter consisting mostly, but not exclusively, of carbon, ash and other material in concentrations sufficient to form a visible plume. S. "Special incineration device" means a pit incinerator, conical or teepee burner, or any other device specifically designed to provide good combustion performance. Sec. 9-8. Prohibitions on open burning. A. No owner or other person shall cause or permit open burning or the use of a special incineration device for disposal of refuse except as provided in this ordinance. B. No owner or other person shall cause or permit open burning or the use of a special incineration device for disposal of rubber tires, asphaltic materials, crankcase oil, impregnated wood or other rubber or petroleum based materials except when conducting bona fide fire fighting instruction at fire fighting training schools having permanent facilities. C. No owner or other person shall cause or permit open burning or the use of a special incineration device for disposal of hazardous waste or containers for such materials. D. No owner or other person shall cause or permit open burning or the use of a special incineration device for the purpose of a salvage operation or for the disposal of commercial/industrial waste. E. Open burning or the use of special incineration devices 6 / '_' ! permitted under the provisions of this ordinance does not exempt or excuse any owner or other person from the consequences, liability, damages or injuries which may result from such conduct; nor does it excuse or exempt any owner or other person from complying with other applicable laws, ordinances, regulations and orders of the governmental entities having jurisdiction, even though the open burning is conducted in compliance with this ordinance. In this regard special attention should be directed to § 10.1-1142 of the Forest Fire Law of Virginia, the regulations of the Virginia Waste Management Board, and the State Air Pollution Control Board's Regulations for the Control and Abatement of Air Pollution. F. Upon declaration of an alert, warning or emergency stage of an air pollution episode as described in Part VII of .the Regulations for the Control and Abatement of Air Pollution or when deemed advisable by the State Air Pollution Control Board to prevent a hazard to, or an unreasonable burden upon, public health or welfare, no owner or other person shall cause or permit open burning or use of a special incineration device; and any in process burning or use of special incineration devices shall be immediately terminated in the designated air quality control region. Sec. 9-9. Exemptions. The following activities are exempted to the extent covered by the State Air Pollution Control Board's Regulations for the Control and Abatement of Air Pollution: A. open burning for training and instruction of government 7 I ~~ / and public fire fighters under the supervision of the designated official and industrial in-house fire fighting personnel; B. open burning for camp fires or other fires that are used solely for recreational purposes, for ceremonial occasions, for outdoor noncommercial preparation of food, and for warming of outdoor workers; C. open burning for the destruction of any combustible liquid or gaseous material by burning in a flare or flare stack; D. open burning for forest management and agriculture practices approved by the State Air Pollution Control Board; and E. open burning for the destruction of classified military documents. Sec. 9-10. Permissible open burning. A. Open burning is permitted for the disposal of leaves and tree, yard and garden trimmings located on the premises of private property, provided that the conditions are met: 1. The burning takes place on the premises of the private property; and 2. The location of the burning is not less than 300 feet from any occupied building unless the occupants have given prior permission, other than a building located on the property on which the burning is conducted; and 3. No regularly scheduled public or private collection service for such trimmings is available at the adjacent street or public road. B. Open burning is permitted for the disposal of household 8 /-~ refuse by homeowners or tenants, provided that the following conditions are met: 1. The burning takes place on the premises of the dwelling; 2. Animal carcasses or animal wastes are not burned; 3. Garbage is not burned; 4. The location of the burning is not less than 300 feet from any occupied building unless the occupants have given prior permission, other than a building located on the property on which the burning is conducted; and 5. No regularly scheduled public or private collection service for such refuse is available at the adjacent street or public road. C. Open burning is permitted for the disposal of debris waste resulting from property maintenance, from the development or modification of roads and highways, parking areas, railroad tracks, pipelines, power and communication lines, buildings or building areas, sanitary landfills, or from any other clearing operations which may be approved by the Roanoke County Fire Marshal, provided the following conditions are met: 1. All reasonable effort shall be made to minimize .the amount of material burned, with the number and size of the debris piles approved by the Roanoke County Fire Marshal; 2. The material to be burned shall consist of brush, stumps and similar debris waste and shall not include demolition material; 9 / -~ 3. The burning shall be at least 500 feet from any occupied building unless the occupants have given prior permission, other than a building located on the property on which the burning is conducted; 4. The burning shall be conducted at the greatest distance practicable from highways and air fields; 5. The burning shall be attended at all times and conducted to ensure the best possible combustion with a minimum of smoke being produced; 6. The burning shall not be allowed to smolder beyond the minimum period of time necessary for the destruction of the materials; and 7. The burning shall be conducted only when the prevailing winds are away from any city, town or built-up area. D. Open burning is permitted for the disposal of debris on the site of local landfills provided that the burning does not take place on land that has been filled and covered so as to present an underground fire hazard due to the presence of methane gas provided the following conditions are met: 1. The burning shall take place on the premises of a local sanitary landfill which meets the provisions of the regulations of the Virginia Waste Management Board; 2. The burning shall be attended at all times; 3. The material to be burned shall consist only of brush, tree trimmings, yard and garden trimmings, clean burning construction waste, clean burning debris waste, or clean 10 ~~ burning demolition waste; 4. All reasonable effort shall be made to minimize the amount of material that is burned; 5. No materials may be burned in violation of the regulations of the Virginia Waste Management Board or the State Air Pollution Control Board. The exact site of the burning on a local landfill shall be established in coordination with the regional director and the Roanoke County Fire Marshal; no other site shall be used without the approval of these officials. The Roanoke County Fire Marshal shall be notified of the days during which the burning will occur Sec. 9-11. Permits. A. When open burning of debris waste (Sec. 9-10.C.) or open burning of debris on the site of a local landfill (Sec. 9-10.D) is to occur within Roanoke County, the person responsible for the burning shall obtain a permit from the Roanoke County Fire Marshal prior to the burning. Such a permit may be granted only after confirmation by the Roanoke County Fire Marshal that the burning can and will comply with the provisions of this ordinance and any other conditions which are deemed necessary to ensure that the burning will not endanger the public health and welfare and to ensure compliance with any applicable provisions of the State Air Pollution Control Board's Regulations for the Control and Abatement of Air Pollution. The permit may be issued for each occasion of burning or for a specific period of time deemed appropriate by the 11 ~=/ Roanoke County Fire Marshal. B. Prior to the initial installation (or reinstallation, in cases of relocation) and operation of special incineration devices, the person responsible for the burning shall obtain a permit from the Roanoke County Fire Marshal, such permits to be granted only after confirmation by the Roanoke County Fire Marshal that the burning can and will comply with the applicable provisions in Regulations for the Control and Abatement of Air Pollution and that any conditions are met which are deemed necessary by the Roanoke County Fire Marshal to ensure that the operation of the devices will not endanger the public health and welfare. Permits granted for the use of special incineration devices shall, at a minimum, contain the following conditions: 1. All reasonable effort shall be made to minimize the amount of material that is burned. Such efforts shall include, but are not limited to, the removal of pulpwood, sawlogs and firewood. 2. The material to be burned shall consist of brush, stumps and similar debris waste and shall not include demolition material. 3. The burning shall be at least 300 feet from any occupied building unless the occupants have given prior permission, other than a building located on the property on which the burning is conducted; burning shall be conducted at the greatest distance practicable from highways and air fields. If the Roanoke County Fire 12 ~. ~ Marshal determines that it is necessary to protect public health and welfare, he may direct that any of the above cited distances be increased. 4. The burning shall be attended at all times and conducted to ensure the best possible combustion with a minimum of smoke being produced. Under no circumstances should the burning be allowed to smolder beyond the minimum period of time necessary for the destruction of the materials. 5. The burning shall be conducted only when the prevailing winds are away from any city, town or built-up area. 6. The use of special incineration devices shall be allowed only for the disposal of debris waste, clean burning construction waste, and clean burning demolition waste. 7. Permits issued under this subsection shall be limited to a specific period of time deemed appropriate by the Roanoke County Fire Marshal. Sec. 9-12. Penalties for violation. A. Any violation of this ordinance is punishable as a Class I misdemeanor. B. Each separate incident may be considered a new violation. 2. That Chapter 9 FIRE PREVENTION AND PROTECTION, Article I. In General, be amended by the repeal of Section 9-3, Burning of woods, brush, leaves, etc., and Section 9-4, Burning of waste 13 material near residence, garage, etc.; ~ ~/ 3. That Chapter 3 AIR POLLUTION CONTROL, Article I. In General, be amended by the repeal of Section 3-2. Permitted open burning of leaves from trees.; 4. That Article II. Virginia Statewide Fire Prevention Code, be redesignated as "Article III. Virainia Statewide Fire Prevention Code," of Chapter 9 FIRE PREVENTION AND PROTECTION of the Roanoke County Code. 5. That Section 9-18. Enforcement of Article III. Virainia Statewide Fire Prevention Code, of Chapter 9 FIRE PREVENTION AND PROTECTION of the Roanoke County Code be amended and reenacted, as follows: Sec. 9-18. Enforcement. (a) The Roanoke County Fire Marshal is hereby directed to enforce the provisions of the Virginia Statewide Fire Prevention Code and this chapter: eerie. The county fire marshal shall establish such procedures or requirement as may be necessary for the ........................................ administration and enforcement of said code and..cha'pter. The county fire marshal is hereby authorized to issue a summons for any violation of the provisions of the code, pursuant to the provisions of Section F-106.5:$ of said Code. The fire marshal shall coordinate his enforcement activities with the county building official and zoning administrator. The fire marshal shall assign and detail such members of the Roanoke County Fire and Rescue Department as inspectors or other assistants as he may deem necessary in 14 ~~ administering and enforcing the provisions of such code z ........................... .......................... 6. That this ordinance shall be in full force and effect from and after September 25, 1996. G:\ATTORNEY\JBO\OPENBURN.OR4 15 ACTION NO. ITEM NO. 1,t_. -1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 24, 1996 AGENDA ITEM: ORDINANCE VACATING A PORTION OF THE SUBDIVISION PLAT FOR HUNTING HILLS, SECTION 3, OF RECORD IN PLAT BOOK 6, PAGE 63 TO REMOVE THE "WELL LOT" RESTRICTION PLACED ON TAX MAP NO. 88.13-3-28 c'OLT1tiTTY ADMINISTRATOR' S COMMENTS Mr. Mahoney and I have been working on a compromise that we hope will resolve this issue. You may wish to discuss this in Executive Session prior to taking action on this item. This ordinance vacates a portion of the Hunting Hills subdivision plat, Section No. 3 to remove any restriction on a surplus County well lot being used for construction of a residential structure. BACKGROUND' On May 23, 1995, the Board of Supervisors adopted Ordinance No. 52395-12, which authorized the sale of the surplus Hunting Hills well lot (Roanoke County Tax Map No. 88.13-3-28) located on Fawn Dell Road to Thomas Newcomb for the sum of $30,000. In attempting to close this transaction an objection was raised by the purchasers' title insurance company with respect to the apparent restriction or limitation placed upon this surplus well lot by the terms of the subdivision plat. It appears that the subdivision plat may restrict the use of this lot only to a well lot. This title insurance objection places a cloud upon the title to this lot and frustrates the proposed sale. It has been suggested that a solution to this problem is for the Board of Supervisors to adopt an ordinance vacating the portion of this subdivision plat which purports to limit or restrict the use of this lot only to a well lot. STTMMARV OF INFORMATION: The first reading of this ordinance was held on May 14, 1996. The second reading of this ordinance and public hearing was scheduled for May 28, 1996, but was postponed until July 23, 1996. It was postponed again until September 24, 1996 to provide an opportunity for the neighbors and Mr. Newcomb to resolve their differences and to develop covenants and restrictions to be placed 1 u-- on the development of this lot. Notice of the public hearing on this proposed ordinance of vacation has been published in the newspaper as required by law. In addition notice has been mailed to all adjoining property owners and other property owners along this street. This proposed ordinance vacates a portion of the subdivision plat for Block 1, Section 3 of the Hunting Hills subdivision, by removing the limitation of "well lot" from said plat. Adoption of this ordinance will allow the sale of this surplus well lot to proceed. This sale will result in the proceeds of $30,000 being allocated to the water fund. Failure to adopt this ordinance removing this cloud upon title will make it very difficult to sell this well lot. ALTERNATIVES' Adopt this ordinance and proceed with the sale of this surplus well lot pursuant to Ordinance No.52395-12. Refuse to adopt this ordinance. Sale will probably not close. County may continue to own this well lot. It is recommended that the Board favorably consider the adoption of the proposed ordinance. Respectfully submitted, Paul M. Mahoney County Attorney 2 u . Action Approved ( ) Denied ( ) Received ( ) Referred to Motion by Vote No Yes Abs Eddy Harrison Johnson Minnix Nickens g.attorney.board.hhwellot.rpt u~1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 24, 1996 ORDINANCE VACATING A PORTION OF THE SUBDIVISION PLAT FOR HUNTING HILLS, SECTION 3, OF RECORD IN PLAT BOOK 6, PAGE 63 TO REMOVE THE "WELL LOT" RESTRICTION PLACED ON TAX MAP NO. 88.13-3-28 WHEREAS, Thomas Newcomb is the successful bidder to purchase a parcel of real estate from Roanoke County identified as Tax Map No. 88.13-3-28 pursuant to Ordinance 52395-12; and WHEREAS, Thomas Newcomb has requested the Board of Supervisors of Roanoke County, Virginia to vacate a portion of the subdivision plat of the Hunting Hills Subdivision, Section 3, of record in Plat Book 6, page 63 to remove the "well lot" restriction placed by said plat on that parcel of real estate identified as Tax Map No. 88.13- 3-28; and WHEREAS, Section 15.1-482 (b) of the 1950 Code of Virginia, as amended, requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by Section 15.1-431 of the 1950 Code of Virginia, as amended, and a first reading of this ordinance was held on May 14, 1996; and the second reading of this ordinance was held on May 28, 1996, and continued to July 23, 1996; and then to September 24, 1996. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a portion of the subdivision plat of the Hunting Hills Subdivision, Section 3, of record in Plat Book 6, page 63 in the Cave Spring Magisterial District, restricting the use of that 1 . ~c- i lot or parcel of real estate identified as Tax Map No. 88.13-3-28 only to a "well lot" be, and hereby is, vacated pursuant to Section 15.1-482 (b) of the 1950 Code of Virginia, as amended; and, 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. 3. That Thomas Newcomb shall record a certified copy of this ordinance with the Clerk of the Circuit Court and shall pay all fees required to accomplish this transaction and in addition, shall be responsible for all costs and expenses associated herewith. 4. That pursuant to § 15.1-485 of the 1950 Code of Virginia, as amended, the Circuit Court Clerk shall write in plain legible letters across the part of the plat vacated, the word "vacated" and also make a reference on the same to the volume and page in which the instrument of vacation is recorded. agenda.vacation.hhwellot.ord 2 j~lllll~lllllll~llllllllllfl~~~lilllllllliilllllllllilllllllllllllllll~lllll~l~lli~llllllilllllll~~~illllllll~l~~~~ll~~~lllllilllij,~,) _ _ _ _ _ _ _ ~ _ - ~ - AGENDA ITEM NO. ~ '~ ' APPE CE RE VEST - Q - PUBLIC HEARING ORDINANCE CITIZENS COMMENTS SUBJECT: ~t.~v ~ k zu.(~ V GC ~ _ ` __ I would like the Chairman of the Board of Su rvisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED __ BELOW: ^ Each s esker will be iven between three to f"ve ute p g , i min s to comment whether speaking as an individual or representative. The Chairman will c 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 arecognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ Speakers are requested to leave any written statements and/or comments = with the clerk. _ ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP = SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK c c ~ a r ~ NAME a~~, ~ ems. k ~a ~ i ss ADDRESS ~ ~.3 , ~k." w ~ ~ -_ ,= PHONE _ _~~~ -- U ~~p ~ Illllllllillllllllillillllllllilllllllllllillllilllilllllillllilllllllllllllllillliilillllilllllllllllllllllllilllllllllililllllm ~Illlllllllllllillillllillllllllllllillllilllllllillillilllllllllllll Iiillllllllllillllllllllllllllilllllllllillilllillllllllllilj~ - _ ''~ f _ [ - _._ - I 1 lI~1 U~ ~ •~ ~ AGENDA ITEM NO. U i ~ _ ~ APPE CE RE VEST - Q -_ V PUBLIC HEARING y ORDINANCE CITIZENS COMMENTS a ~ ~ ~_ SUBJECT: ~~ ~/~' DELL a I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED BELOW: ^ Each s esker will be iven between three to five minutes to comme t whethe P speaking as an individual or representative. The Chairman will '- decide the time limit based on the number of citizens speaking on an issue, = and will enforce the rule unless instructed by the majority of the Board to do otherwise. _ ._ _ ~. . a ~ ~ ~ ^ 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. a ~ ~ ~ ^ Speakers are requested to leave any written statements and/or comments vnth the clerk. __ ^ INDIVIDUALS SPEAKING ON BF,HALF 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 _ _ _ ~ i ~ ~~ ~_ ~ ~ - ~ mllillllllllllllilllillllllllllilllillllllllllllilllllllllillllllililllllllllllllllllllllillllllllllllllllliillllllllllilllilllllm ~illllllllillililllllllilillllillllllliilllllllllliililllllilllllll Illlllllllllllllllllllllllllllllilllllilllillillllllllllllillij~,~ - ~~ - - - = 3 = _ _ AGENDA ITEM NO. u APPE CE REQUEST __ PUBLIC HEARING ORDINANCE CITIZENS COMMENTS -_ SUBJECT: ~A 1N!'1/ .D,E'LL- c a ~ a ~ a~ ~ ~ ~ I would like the Chairman of the Board of Supervisors to recognize me during the s 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: a ~ ~ ~ c ^ Each speaker will be given between three to five minutes to comment c whether speaking as an individual or representative. The Chairman will c decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. _ _ .. ~_ ~ __ ^ Speaker will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. c ^ All comments must be directed to the Board. Debate between arecognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ~_ _ ~ Speakers are requested to leave any written statements and/or comments with the clerk. __ ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. _ PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK c c c _ - _ - _ c millllllllillllllllllllilllllilliilllilllllill llllillllllllllllilllllllillllllllllllllllillllllllllllllllllllllllllllllilllllllllm V Y U_~. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 24, 1996 ORDINANCE 092496-7 TO CHANGE THE ZONING CLASSIFICATION OF A 1.11-ACRE TRACT OF REAL ESTATE LOCATED AT 2056 LOCH HAVEN DRIVE(TAX MAP NOS. 36.08-3-6 AND PART OF 36.08-3-5) IN THE CATAWBA MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF AR TO THE ZONING CLASSIFICATION OF I-1 WITH CONDITIONS UPON THE APPLICATION OF DANIEL PETERS WHEREAS, the first reading of this ordinance was held on August 27, 1996, and the second reading and public hearing were held September 24, 1996; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 3, 1996; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 1.11 acres, as described herein, and located at 2056 Loch Haven Drive, (Tax Map Numbers 36.08-3-6 and part of 36.08-3-5) in the Catawba Magisterial District, is hereby changed from the zoning classification of AR, Agriculture/Residential District, to the zoning classification of I-1, Industrial District. 2. That this action is taken upon the application of Daniel Peters. 3. That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors 1 i of Roanoke County, Virginia, hereby accepts: (1) No materials will be stored outside. (2) No signage will be placed adjacent to Loch Haven Drive. (3) The use of the property shall be limited to custom manufacturing of woodworking and shop related items. (4) The hours of operation shall be limited to 7 a.m. to 9 p.m., Monday through Saturday. (5) All business activities shall be conducted within enclosed buildings other than essential loading and unloading. 4. That said real estate is more fully described as follows: Beginning at a point on the northwest side of Loch Haven Drive and in the southeast corner of Tract 2A belonging to David J. and Ruth R. Sink, N. 26 deg. 26' 04" W. 256.10 feet to a point; thence N. 62 deg. 21' 30 E. 205 feet to a point; thence S. 26 deg. 26' 04" E. 161 feet to a point; thence S. 63 deg. 39' W. 45 feet to a point; thence S. 26 deg. 26' 04" E. 100 feet to a point; thence S. 63 deg. 39' W. 149.72 feet to the point of beginning. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Harrison to adopt the Ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 2 A COPY TESTE: Brenda J. Ho on, eputy Clerk Roanoke County Board of Supervisors cc: File Terry Harrington, Director, Planning & Zoning Arnold Covey, Director, Engineering & Inspections John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney 3 .~ •: \ o u-~. NORTH F~" Iz roe 14 2.33:.c 3~~9 ~I _ //'~ \ \ _ ~ ``Sep \ Rid qtG+~ ..~ r ~- _ ~~ * DEPARTMENT OF PLA.NNIA'G DANIEL A. PETERS AND ZONING AR TO 1-1 '" ~ 36.08-3-6;~p/o 36.08-.3-5 ~, / ~~~ ~ ~ / C,~- ' C~ PETITIONER: DANIEL PETERS CASE NUMBER: 25-9/96 Planning Commission Hearing Date: September 3, 1996 Board of Supervisors Hearing Date: September 24, 1996 A. REQUEST Petition of Daniel Peters to rezone 1.11 acres from AR to I-1 to expand an existing custom manufacturing facility, located at 2056 Loch Haven Drive, Catawba Magisterial District. B. CITIZEN COMMENTS None. C. SUMMARY OF COMMISSION DISCUSSION In response to questions of the Commission staff indicated that the Development land use category extended almost to Rt 419 in the 1985 Comprehensive Plan and also indicated that the residence of Mr. Peters would remain zoned AR. The Commission asked the applicant if the neighbors had ever complainted about his operation. Mr. Peters responded that, to his knowledge, there have been no complaints. D. PROFFERED CONDITIONS 1) No materials will be stored outside. 2) No signage will be placed adjacent to Loch Haven Drive. 3) The use of the property shall be limited to custom manufacturing of woodworking and shop related items. 4) The hours of operation shall be limited to 7 a.m. to 9 p.m., Monday through Saturday. 5) All business activities shall be conducted within enclosed buildings other than essential loading and unloading. E. COMMISSION ACTION(S) Ms. Hooker moved to recommend approval of the petition with conditions. Messrs. Robinson and Witt indicated their support of the petition for the following reasons: a) the business has existed for 20 years with no complaints; b) the property is well maintained; c) the proposed buildings will be consistent with the existing buildings; d) the nature of the surrounding uses (AEP and I-81); e) the limited number of employees; and, f) the limitations set by the proffered conditions. The motion carried with the following roll call vote: AYES: Ross, Witt, Hooker, Robinson, Thomason NAYS: None ABSENT: None F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: _ Concept Plan _ Vicinity Map Staff Report /Other ..~' /~~~~c~ L~L C~G~ ,9 Terrance Harrington, Se retary Roanoke County Planning Commission I ~~ • • STAFF REPORT PART I PETITION: Daniel A. Peters PREPARED BY: Jon Hartley FILE NO.: 25-9/96 DATE PREPARED: August 29, 1996 A. EXECUTIVE SUMMARY Mr. Daniel A. Peters is requesting to rezone a portion of his property from AR to 1-1 to expand an existing woodworking shop to just under 4,000 square feet. While the property is located in the Development land use category in the 1985 Comprehensive Plan, the property is in close proximity to an electric sub-station, AEP.'s regional shop facilities, a vet clinic and other non-residential or rural uses. B. DESCRIPTION Mr. Daniel A Peters is .requesting to rezone 1.11 acres from AR ,Rural Residential, to 1-1, Industrial for the purposes of expanding an existing woodworking shop adjacent to his residence to just under 4,000 square feet. Mr. Peters operates a small woodworking shop specializing in custom residential and commercial cabinetry and furniture. He relies primarily on word of mouth and reputation for his business. The request includes the proffered conditions that no materials would be stored outside, and that no signs would be placed on Loch Haven Drive. The property is located at 2056 Loch Haven Drive in the Catawba Magisterial District. C. APPLICABLE REGULATIONS The existing woodworking shop was established in the early 1970's under the previous ordinance. With the adoption of the new zoning ordinance in 1992, the use was no longer permitted and is now considered a grandfathered use. As a grandfathered use, it can continue but can not be expanded without rezoning the property to 1-1. Woodworking shops under 3,000 square feet, called custom manufacturing, are allowed in other Agricultural districts with a special use permit from the Board of Supervisors. The I-1, Industrial district permits a wide variety of light industrial uses including warehousing, assembly of electrical equipment, major auto repair, equipment sales and services, and similar activities. No limitations on the uses has been proffered as a condition of this rezoning. Site Plan review and approval will be required to irisure conformity with all county requirements and an entrance must also be obtained form VDOT. 1 . ~ (,~C...-° • PART II A. ANALYSIS OF EXISTING CONDITIONS Topogra~y and Vegetation: The topography of the site is gradually sloping toward the north away from Loch Haven Drive. The property is almost entirely lawn area. Existing Physical Develo~ent: The property consists of two lots containing 2.84 acres. It is presently occupied by a single family residence. Behind the residence and just west of the house is the existing shop which now contains 2,460 square feet. The present access is a residential grade driveway which runs to the shop building just west of the house and includes a small parking/turn around area. Adjoining and Surrounding Neighborhood: Immediately adjoining the property to the east and west are single family residences of similar size and design to Mr. Peters residence. To the north is wooded open space while to the south is Loch Haven Dr. and Interstate 81. West of the property is also an electric substation, Hanging Rock Veterinary Clinic, Valley Word Ministries Church facility and AEP's regional shop and storage facilities. Opposite the AEP shop property is land occupied by the old Huffman house. This property is zoned commercial and currently under consideration for commercial development, and was also included in plans for the Hanging Rock Battlefield Rails to Trails project. East of the property all along Loch Haven Drive are large lot single family residences. Traffic: Loch Haven Drive in 1994 carried 1,098 average daily trips (ADT). Given the low density of existing development along Loch Haven, this number would indicate that some through traffic is using the road between Route 419 and 181 and the Barrens and Bell Haven Road area. B. ANALYSIS OF PROPOSED DEVELOPMENT Site Layout: Mr. Peters proposes to add a 30' X 50' addition on to the west end of the existing shop building, increasing the total floor area to almost 4,000 square feet. Additional improvements to the property would include a new access drive to the west end of the building as well as parking and back around space (see attached concept plan). Mr. Peters has indicated he would comply with all County requirements. Architecture: The actual architectural style of the building has not been specified except that the applicant has indicated the building would conform to the other projects in the area and, plans to use masonry and vinyl siding, with asphalt shingle for the roof. 2 (/~"~ Traffic Generation: Accurate data for facilities of this size and nature are not available from the Institute of Transportation Engineers. Typical traffic should be minimal to and from the site, with only periodic deliveries of wood from larger trucks. Public Utilities and Services: Public sewer and water are not available at this site and there is no adverse impact anticipated on other public services provided in this area. Drainaae: This site is located in the upper reaches of the Peters Creek drainage basin and is outside any federal or county designated flood zone. C. CONFORMANCE WITH COUNTY COMPREHENSIVE PLAN The property in question is located in the Development land use category of the Comprehensive Plan. The Development category is primarily designated for new single family or multi-family residential development or larger planned developments with some commercial uses. The proposal is therefore inconsistent with the Policies for the Development areas in that industrial uses are not encouraged or recommended. STAFF CONCLUSIONS PART III While the property in question is designated Development in the 1985 Comprehensive Plan, the use proposed is essentially an expansion and enlargement of a use already occurring on the property. In addition, while it is adjacent to single family residences, it is also in close proximity to more intensive uses including a electric substation, church, veterinarian hospital, AEP's workshop and storage facility, and the Interstate highway. Given these conditions, the staff would recommend approval of this rezoning as no more intrusive than the surrounding activities and the continued operation of the existing woodworking shop. The following additional conditions are also suggested for consideration: 1) The use of the property shall be limited to custom manufacturing activities. 2) The hours of operation shall be limited to 7 a.m. to 9 p.m. Monday through Saturday. 3) All business activities shall be conducted with enclosed buildings other than essential loading and unloading. 3 -"~ DANIEL A. PETERS TAX MAP # 36.08-3-6; PlO 36.08-3-5 PROFFERED CONDITIONS: 1) No materials will be stored outside. 2) No signage will be placed adjacent to Loch Haven Drive. 3) The use of the property shall be limited to custom manufacturing of woodworking and shop related items. 4) The hours of operation shall be limited to 7 a.m. to 9 p.m., Monday through Saturday. 5) All business activities shall be conducted within enclosed buildings other than essential loading and unloading. G~-~-/ Daniel A. Peters ~,~~ r~:~~ 7~ZyL~=~ ~ • COUNTY OF RO~NOKE DEPT. OF PLANNING AND ZONING 5204 Bernard Dr. P.O. Box 29800 Roanoke, VA 24018 (540` 772-2068 FAX (540) 772-2108 For staff use only-- ~,/C.°" p~ date ra~ d~ receiv by: ` / application f ee• PC/B d te: ' p. vU ` 3 ~ ~ placards issued: BOS d te: z~ 9 Case Number: `~~\L/ ~ Check type of application filed (check all that apply): ~ REZONING ^ SPECIAL USE ^ VARIANCE Applic~t's name: Daniel A Peters Phone:562_ 1675 Address: 2056 Loch Haven Drive Roanoke Va Zip Code:24019 Owner's name: Phone: Address: St~~ Zip Code: Location of property: Tax Map Number: 36.08-- 3-~,r- Aat-or' 3~. `~,-3-5 2056 Loch haven Dr Magisterial District: Catawba Community Planning Area: ~~s CFFEG Size of arcel `. ~1 acres ~,t.:,~ sq.ft. Existing Zoning: A/R Existing Land Use: ~eG Proposed Zoning: Indu_ strail ~- ,=-1 Proposed Land Use: ............................. For staff Use On/y use Type: Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? YES XX NO IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? YES ~ NO IF N0, A VARIANCE IS REQUIRED FIRST. If rezoning request, are conditions being proffered with this request? YES ~ NO Variance of Section(s) of the Roanoke County Zoning Ordinance in order to: Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. ~ - ws v ws v ais v ~~ \ Consultation 8 1 /2" x 1 1 " concept plan \ Application fee Application '~~<sS Metes and bounds description '' „ Proffers, if applicable Justification ~ `~% Water and sewer application-~; Adjoining property owners l J~ l hereby certify that / am either the owner of the property or the ot~~~r's agent or contract purchaser and am acting with the knowledge and onsent of the owner. Owner's Signature: ..,~~~ ,~~~ For Staff Use On/y: Case Number ~~~ • • • :::`;;;;;;;;;;;;;`:`i::io:?'?:???~.~31l;i:::~;y6~'.?.~~:{?.i,3prr::':?~~.istt?.:?ii:?E;:~i~::~i::i:'i?'isi':~:;.z;"~~iiili':Ey'y?:ii?:%'i??i?~-i+Siy?°!.ii?iiisiziEi~:~??~+'?.cy?~:?'i'?3i'??"?i ,r~ ~-+ '~'' .~~' :1~~:Y1•12~R~~?!:~~~~~~~~FYLT i•J•i~~~~t~:it~~74`~JA«cEi~~~~~...~.Li~1:•~~.~.•.•.~.~.•:..•.•.• ................ Applicant Daniel A Peters The Planning Commission will study rezoning and special use permit requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Zoning Ordinance iSection 30-3) as well as the purpose found at the beginning of the applicable zoning district classification in the zoning ordinance. We feel this request would allow us to expand our small business, therefore keeping tax revenues and other revenues in Roanoke County. In as much as American Electric Power is nearby and Haniging Rock Animal Hospital is in sight of our property, this request in not unjustified. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Comprehensive Plan. The physical apperance of this building will conform to other projects in this are ._ We c to use masonry and vinyl siding with asphalt shingle roof landscaped and kept as neat as possible. We expect to conform to all guidelines and policies of Roanoke County as much as possible. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, ,parks/recreation, and fire/rescue. There will no particular impact on the property itself except for the physical apperance of the building itself. Landscaping as the yard and garden are expected to stay as is.There will be slight changes in contour grades to accomodate the building. Public services such as water and sewer are not available. There will be no increase in traffic. No other services should be affected. vn Q- ~ ~~ ~~~ ~ ~ ~ r ~. ~ ~~ i.: _ -~ _! '~. .~ ~ . ~t) Q ~ ~~ ``~~' `yam C' •.3 ~4. ~ ` '~_ .~ ~~N ,, , ~ .. ~ ~ :... ~ ~ '- ,_ ~ .~ . i- ;~ t ~~~,., 7 t1S M p N ~,o ~ ~v 3 c~ii_ ~N v~ .~i T s'bz 3 ~ ~, 0 N - Q r~~3 J ~ o _ ~ 8 ~~ y/Iti'/S ~1 /~1/7~" ~ !° Gig (y0 ~Z _ ~,L.Sa~Z.S og' SZ - _ . ~~ ~ Q ,Q O ~ ~ ~ ~~ Q ~~ _ ~00'l ~J~ ~ Mbo.7z a~Z S G,"' I/~6~Z ~i~I ~~, I c~oSGs - _~ _ ~ ~- ~~ W 0 Q ~ ~ ~m ~ ~~~ N 4 ~~ ~~~~ I v ~~ ~ I ~ ~~~_ ~. 0 -. I~ 3N mr cat v J -' t, Q O[ w a Z U Daniel A Peters • - Conditions to be proffered: 1) no materials will be stored outside 2) no signage will be placed adjacent to Loch Haven Drive • • u-a. n ~~ ~~ P~ .:. x.az 3C A~' I ro>'a O IZ.00 ~ P R L433t ~~ P ~,,. z L931c ~ E vCa B 943c C ~/ I ~~ / ~.• i O~ ~e~ ~~ ~~,~ ,~,e ~~ 2 2.213c 5~~~ 9 ~' 8 a~• - // ' ,~ * DEPARTMEN'T' OF PLA.NNIl~'G AND 7~ONING .> ... NORTH ,,,- ~ =S 3 =~ SIB s~ ~ s ^' _~~' '~ ~~ ' ! I I~ i2 C04c I ~'~ _\\\ l 1 / P/0 36.C8-2-~ ~~ ~ J 1 I"• L,O' l ~ 1 ~.. I \ ~, ` 14 \ 13 ~ 2.33sc \ 4.373c O 21 ~ \\ ~,.9 w ` 0.64 is \ ~ O O J3a~ . Rid \ q~6G 1 _- ....~ DANIEL A. PETERS AR TO I-1 36.08-3-6; p/o 36,08-.3-5 • - -~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 24, 1996 ORDINANCE TO CHANGE THE ZONING CLASSIFICATION OF A 1.11-ACRE TRACT OF REAL ESTATE LOCATED AT 2056 LOCH HAVEN DRIVE(TAX MAP NOS. 36.08-3-6 AND PART OF 36.08-3-5) IN THE CATAWBA MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF AR TO THE ZONING CLASSIFICATION OF I-1 WITH CONDITIONS UPON THE APPLICATION OF DANIEL PETERS WHEREAS, the first reading of this ordinance was held on August 27, 1996, and the second reading and public hearing were held September 24, 1996; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 3, 1996; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 1.11 acres, as described herein, and located at 2056 Loch Haven Drive, (Tax Map Numbers 36.08-3-6 and part of 36.08-3-5) in the Catawba Magisterial District, is hereby changed from the zoning classification of AR, Agriculture/Residential District, to the zoning classification of I-1, Industrial District. 2. That this action is taken upon the application of Daniel Peters. 3. That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) No materials will be stored outside. °-~(. (2) No signage will be placed adjacent to Loch Haven Drive. (3) The use of the property shall be limited to custom manufacturing of woodworking and shop related items. (4) The hours of operation shall be limited to 7 a.m. to 9 p.m., Monday through Saturday. (5) All business activities shall be conducted within enclosed buildings other than essential loading and unloading. 4. That said real estate is more fully described as follows: Beginning at a point on the northwest side of Loch Haven Drive and in the southeast corner of Tract 2A belonging to David J. and Ruth R. Sink, N. 26 deg. 26' 04" W. 256.10 feet to a point; thence N. 62 deg. 21' 30 E. 205 feet to a point; thence S. 26 deg. 26' 04" E. 161 feet to a point; thence S. 63 deg. 39' W. 45 feet to a point; thence S. 26 deg. 26' 04" E. 100 feet to a point; thence S. 63 deg. 39' W. 149.72 feet to the point of beginning. 5. 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. zoning.peters.dan 1 ACTION NO. ITEM NO . ~'A '' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 24, 1996 AGENDA ITEM: Resolution Authorizing the Execution of an Agreement with the Roanoke County Industrial Development Authority to Manage a Grant Program for the Williamson Road Corridor Project COUNTY ADMINISTRATOR' S COMMENTS: ~ '„c~g.c~ The Williamson Road Corridor Project mini-matching grant program is designed to offer a financial incentive to property owners who wish to make improvements to their property in accord with the design guidelines contained in the Williamson Road Hollins Village Master Plan. The matching grants can be used for external improvements to the property for items such as facade renovations, signage improvements, landscaping and other external improvements to property. Funding for this program in the amount of $23,500 has previously been appropriated by the Board as part of the FY96-97 budget process. The proposed program offers a fifty percent(50~) matching grant up to $5,000. The minimum grant award is $500. Applications will be received on a monthly basis. A complete program summary is included with this report. On September 10, 1996 the Roanoke County Industrial Development Authority passed a motion approving the enclosed agreement between the County and the IDA. The agreement authorizes the IDA's involvement in the management, implementation and fulfillment of the requirements of this mini- grant program. The prepared resolution, if adopted by the Board, would authorize the mini-grant program, would approve the agreement with the IDA, and would authorize the transfer of the appropriated funds to the IDA for the matching grant program. ~-_ 1 2 Staff recommends as follows: 1. That the Board of Supervisors approve the enclosed resolution. Respectfully Submitted, Terrance L. /fiarr~on, AICP Director ~ Pla ing and Zoning Approved, ~~ Elmer C. Hodge County Administrator Action Approved ( ) Denied Received ( ) Referred to Motion by Vote No Yes Abs Eddy Harrison Johnson Minnix Nickens V-I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, SEPTEMBER 24, 1996 RESOLUTION 092496-8 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE ROANORE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY TO MANAGE A GRANT PROGRAM FOR THE WILLIAMSON ROAD CORRIDOR PROJECT WHEREAS, the County has authorized the Williamson Road Corridor Project, a project combining beautification and economic development elements to be accomplished by a public/private partnership between the County, the Roanoke County Industrial Development Authority (the "Authority"), and property owners along Williamson Road from the Peters Creek intersection area to the Botetourt/Roanoke County line and along Plantation Road area from I-81 to the Sunnybrook Inn ("the Project area"); and WHEREAS, the County seeks to offer financial incentives to property owners in the project area in order to assist said owners in adopting those features from the Williamson Road Hollins Village design guidelines for facade renovations, new signage, landscaping, parking lot redesign, and lighting; and WHEREAS, the County has approved and authorized funding for a mini-matching grant program to property owners who undertake such improvements; and WHEREAS, the County seeks the assistance of the Authority in the management, implementation and fulfillment of this mini- matching grant program. WHEREAS, Section 15.1-1378.13 of the State Code authorizes the Authority to make loans or grants to any person, partnership, 1 association, corporation, or business in furtherance of the purposes of promoting economic development. NOW THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a mini-matching grant program to property owners in the Williamson Road Corridor Project area to undertake certain improvements in accordance with the design guidelines of the "Hollins Village Master Plan" is hereby authorized and approved. 2. That an agreement between the Board of Supervisors of Roanoke County and the Roanoke County Industrial Development Authority for the management, implementation, and fulfillment of this mini-matching grant program is hereby authorized and approved. The County Administrator is authorized to execute this agreement on behalf of the County, all upon form approved by the County Attorney. 3. That the sum of $23,500, which was previously appropriated to the Department of Planning and Zoning for this Project, is hereby authorized to be transferred to the Authority for the purpose of funding this mini-matching grant program. 4. That this resolution shall take effect from and after the date of its adoption. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: 2 Brenda J. H ton, Deputy Clerk Roanoke County Board of Supervisors cc: File Terrance L. Harrington, Director, Planning & Zoning Diane D. Hyatt, Director, Finance Timothy W. Gubala, Secretary/Treasurer, IDA v- ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 24, 1996 RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE ROANOKE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY TO MANAGE A GRANT PROGRAM FOR THE WII,LIAMSON ROAD CORRIDOR PROJECT WHEREAS, the County has authorized the Williamson Road Corridor Project, a project combining beautification and economic development elements to be accomplished by a public/private partnership between the County, the Roanoke County Industrial Development Authority (the "Authority"), and property owners along Williamson Road from the Peters Creek intersection area to the Botetourt/ Roanoke County line and along Plantation Road area from I-81 to the Sunnybrook Inn ("the Project area"); and WHEREAS, the County seeks to offer financial incentives to property owners in the project area in order to assist said owners in adopting those features from the Williamson Road Hollins Village design guidelines for facade renovations, new signage, landscaping, parking lot redesign, and lighting; and WHEREAS, the County has approved and authorized funding for amini-matching grant program to property owners who undertake such improvements; and WHEREAS, the County seeks the assistance of the Authority in the management, implementation and fulfillment of this mini-matching grant program. WHEREAS, Section 15.1-1378.13 of the State Code authorizes the Authority to make loans or grants to any person, partnership, association, corporation, or business in furtherance of the purposes of promoting economic development. NOW THEREFORE, BE TT RESOLVED by the Board of Supervisors of Roanoke V-I County, Virginia, as follows: 1. That amini-matching grant program to property owners in the Williamson Road Corridor Project area to undertake certain improvements in accordance with the design guidelines of the "Hollins Village Master Plari' is hereby authorized and approved. 2. That an agreement between the Board of Supervisors of Roanoke County and the Roanoke County Industrial Development Authority for the management, implementation, and fulfillment of this mini-matching grant program is hereby authorized and approved. The County Administrator is authorized to execute this agreement on behalf of the County, all upon form approved by the County Attorney. 3. That the sum of $23,500, which was previously appropriated to the Deparhnent of Planning and Zoning for this Project, is hereby authorized to be transferred to the Authority for the purpose of funding this mini-matching grant program. 4. That this resolution shall take effect from and after the date of its adoption. C:\WP51 \BOS\WMSON.RD V- This Agreement dated this day of , 1996, by and between the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, and the ROANOKE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY. W ITNESSETH WHEREAS, the County has authorized the Williamson Road Corridor Project, a project combining beautification and economic development elements to be accomplished by a public/private partnership between the County, the Authority, and property owners along Williamson Road from the Peters Creek intersection area to the Botetourt/Roanoke County line and along Plantation Road area from I-81 to the Sunnybrook Inn ("the Project area'); and WHEREAS, with the assistance of Hill Studios, P.C., the County has developed a "Hollins Village Master Plan;' based upon citizen participation for design guidelines for improvements to the street scape and buildings in the project area; and WHEREAS, the County seeks to offer financial incentives to property owners in the project area in order to assist said owners in adopting those features from the Williamson Road Hollins Village design guidelines for facade renovations, new signage, landscaping, parking lot redesign, and lighting; and WHEREAS, the County has approved an authorized funding for amini-matching grant program to property owners who undertake such improvements; and WHEREAS, the County seeks the assistance of the Authority in the management, implementation and fulfillment of this mini-matching grant program. NOW, THEREFORE, in consideration of the mutual promises contained herein, the C:\WPSI~BOSICOUN'fY.IDA 1 v-i County and the Authority agree as follows: 1. The County hereby transfers to the Authority from the Department of Planning and Zoning the sum of $23,500 for the funding for this mini-matching grant program for beautification and economic development projects to be achieved by public/private partnerships between Roanoke County, the Roanoke County Industrial Development Authority, and property owners in the project area. 2. That the Authority shall implement and manage this mini-matching grant program in accordance with the criteria approved by the County, which is attached hereto and identified as Exhibit A. That the Authority is authorized to make loans or grants to any person, partnership, association, corporation, business or governmental entity in furtherance of the purposes of the Industrial Development and Revenue Bond Act (Chapter 33 of Title 15.1 of the Code of Virginia), including for the purposes of promoting economic development provided that such loans or grants shall be made only from revenues of the Authority which have not been pledged or assigned for any of the Authority's bonds, and to enter into such contracts, instruments, and agreements as may be expedient to provide for such loans and any security therefor, and for such grants, pursuant to Section 15.1-1378.13 of the State Code. The Authority is specifically authorized by the County to encourage and assist property owners or occupants within the project area so designated to improve their respective holdings, by suggesting improved standards for design, construction, maintenance, renovations, and use of such properties and offering encouragement or assistance in other ways including the power to lend money and to make grants to said owners or occupants, directed toward the prevention C:\WP51\BOS\000N7'Y.IDA r~ VI and elimination of deteriorating conditions within such project area. 3. The County authorizes Roanoke County planning staff and economic development staff to work with the Authority to develop program documents and forms, upon form to be approved by the County Attorney and the attorney for the Authority, in order to implement the purposes of this program. 4. The Authority shall report to the County on a monthly basis with respect to the management and implementation of this program, including monthly reports for expenditures or appropriated funds, awards of grants, inspection and approval of improvements, and payment of funds to contractors and business owners. 5. The Authority shall approve all grants to owners and contractors under this mini-matching grant program. 6. The Authority shall authorize the payment of grant funds to eligible contractors or business owners in accordance with the criteria herein established, and within the limits of funds appropriated to it by the County. The contractor and/or business owner shall execute a contract with the Authority in order to secure payments for eligible beautification and economic development improvements, all upon form approved by the County Attorney and the attorney for the Authority. C:\WP51\BOS\COiJNTY.IDA 2 V- This Agreement dated this day of _,1996, by and between the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, and the ROANOKE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY. W ITNESSETH WHEREAS, the County has authorized the Williamson Road Corridor Project, a project combining beautification and economic development elements to be accomplished by a public/private parknership between the County, the Authority, and property owners along Williamson Road from the Peters Creek intersection area to the Botetourt/Roanoke County line and along Plantation Road area from I-81 to the Sunnybrook Inn ("the Project area'); and WHEREAS, with the assistance of Hill Studios, P.C., the County has developed a "Hollins Village Master Plan;' based upon citizen participation for design guidelines for improvements to the street scape and buildings in the project area; and WHEREAS, the County seeks to offer financial incentives to property owners in the project area in order to assist said owners in adopting those features from the Williamson Road Hollins Village design guidelines for facade renovations, new signage, landscaping, parking lot redesign, and lighting; and WHEREAS, the County has approved an authorized funding for amini-matching grant program to property owners who undertake such improvements; and WHEREAS, the County seeks the assistance of the Authority in the management, implementation and fulfillment of this mini-matching grant program. NOW, THEREFORE, inconsideration of the mutual promises contained herein, the C:\W P51 \BOS\COUN7'Y.IDA v-i County and the Authority agree as follows: 1. The County hereby transfers to the Authority from the Department of Planning and Zoning the sum of $23,500 for the funding for this mini-matching grant program for beautification and economic development projects to be achieved by public/private partnerships between Roanoke County, the Roanoke County Industrial Development Authority, and property owners in the project area. 2. That the Authority shall implement and manage this mini-matching grant program in accordance with the criteria approved by the County, which is attached hereto and identified as Exhibit A. That the Authority is authorized to make loans or grants to any person, partnership, association, corporation, business or governmental entity in furtherance of the purposes of the Industrial Development and Revenue Bond Act (Chapter 33 of Title 15.1 of the Code of Virginia), including for the purposes of promoting economic development provided that such loans or grants shall be made only from revenues of the Authority which have not been pledged or assigned for any of the Authority's bonds, and to enter into such contracts, instruments, and agreements as may be expedient to provide for such loans and any security therefor, and for such grants, pursuant to Section 15.1-1378.13 of the State Code. The Authority is specifically authorized by the County to encourage and assist property owners or occupants within the project area so designated to improve their respective holdings, by suggesting improved standards for design, construction, maintenance, renovations, and use of such properties and offering encouragement or assistance in other ways including the power to lend money and to make grants to said owners or occupants, directed toward the prevention C:\WPSI\BOS\CDUNI'Y.IDA 2 V-1 and elimination of deteriorating conditions within such project area. 3. The County authorizes Roanoke County planning staff and economic development staff to work with the Authority to develop program documents and forms, upon form to be approved by the County Attorney and the attorney for the Authority, in order to implement the purposes of this program. 4. The Authority shall report to the County on a monthly basis with respect to the management and implementation of this program, including monthly reports for expenditures or appropriated funds, awards of grants, inspection and approval of improvements, and payment of funds to contractors and business owners. 5. The Authority shall approve all grants to owners and contractors under this mini-matching grant program: 6. The Authority shall authorize the payment of grant funds to eligible contractors or business owners in accordance with the criteria herein established, and within the limits of funds appropriated to it by the County. The contractor and/or business owner shall execute a contract with the Authority in order to secure payments for eligible beautification and economic development improvements, all upon form approved by the County Attorney and the attorney for the Authority. C:\WPSI~BOSICAUNTY.IDA ~II Iilill I IIIII III11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111~ _ _ _ _ ~ _ _ _ - ~ - _ _ _ _ - AGENDA ITEM NO. c - - _ _ _ - - _ _ APPE CE REQUEST - - - PUBLIC HEARING ORDINANCE CITIZENS COMMENTS c SUBJECT: ~ ~ ~ s "" -_ Pl'' ,~di, ./.> /~/) f1~'7 ~~°~/,//ill ~~ _ -_ I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. __ WHEN CALLED TO THE LECTERN, I WILL GIVE MY NAME AND ADDRESS c FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED BELOW: ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will - decide the time limit based on the number of citizens speakin on an issue, 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. 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 c - _ - 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. c =_ c PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK - _ - _ - _ - - _ - _ - mllllllliiilillillllilllilllllilillllllllllillllllllllllliilllllllllilillllllllilllllllllllllllllllllllllllllllllllilliliilililllm ~Illlllllllllllllllllllllllllllllllllliilllllllllllllllllllllllllll Illlillllllllilllllillllllilllllllllllllllllllillilllllllllll~ ,- - _ ~_ _ AGENDA ITEM NO. c ,_ APPE CE REQUEST '_ PUBLIC HEARING ORDINANCE ~/'~ CITIZENS COMMENTS c -_ SUBJECT: ~~~~.Y~ ~~ ~~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 c FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED _ BELOW: ^ Each s Baker will be iven between three to five minutes to comment c whethe P speaking as an individual or representative. The Chairman will c decide the time limit based on the number of citizens speakin on an issue, and will enforce the rule unless instructed by the majority of~the Board to do otherwise. . c .. ^ Speaker will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. ^ 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 vr~th the clerk. __ ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP i ALLOWING THE INDIVIDUAL TO REPRESENT THEM. c PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK c i ~ ~ ~ mlllllllllillillllllllilllllillllllllllllllllilllllllllllllllllilllllllllllllllllllillillillllillllllilllllllllllllllllililllllllm ~I1111111111111111111111111111111111111111111111111111111111111111111IIIIIII~IIIIIIIIIIIillllillllililllllllilllill~lll~lllllllll,(~,~ _ _ ~ _ _ _ AGENDA ITEM NO. - - i - a - _ - _ - APPE CE REQ ST _ _ - _ - __ - a - = PUBLIC HEARING ORDINANCE CITIZENS COMMENTS - - - - - _ 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 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 c = decide the time limit based on the number of citizens speaking 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. 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 = vv~th the clerk. -. __ ^ INDIVIDUALS SPEAKING ON BF,HALF 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 1, t n/ ~~ !~. - _ - _ - - __ _ - - ADDRESS ' ~ ~ ~ 7 ~7 S~ /~" ~~-{~vd _ - _ - - - __ --~ - - - - PHONE ~ S~~U ~ ~~-(~ ~~ - _ - Ilillllllllllllllllllillilllilllillllillllllllillillllllllllllllillillllliilllil IIIIIIIIIIililllllllllllilllllilllllllilllllllll~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON SEPTEMBER 24, 1996 RESOLUTION 492496-9 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 Johnson to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Brenda J. I~61ton, Deputy Clerk Roanoke County Board of Supervisors cc: File Executive Session O~ JOAN ~~ L y ~~ .;~ ;, c~ v' a~ 1838 COUNTY ADMINISTRATbR ELMER C. HODGE (540) 772-2004 P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 FAX (540) 772-2193 September 26, 1996 BOARD OF SUPERVISORS BOB L. JOHNSON, CHAIRMAN HOLLINS MAGISTERIAL DISTRICT HARRY C. NICKENS, VICE-CHAIRMAN ~ VINTON MAGISTERIAL DISTRICT LEE B. •EDDY WINDSOR HILLS MAGISTERIAL DISTRICT FENTON F. "SPIKE" HARRISON, JR. CATAWBA MAGISTERIAL DISTRICT H. ODELL "FUZZY" MINNIX • CAVE SPRING MAGISTERIAL DISTRICT (540) 772-2005 The Honorable George F. Allen Governor of the Commonwealth of Virginia 3rd Floor, State Capitol Riclunond, VA 23219 Dear Governor Allen: Attached is a copy of Resolution 092496-2.g supporting September 21, 1996. through October 19, 1996 as Fall River Renaissance in Roanoke County. Tlus resolution was adopted by the Board of Supervisors at their meeting on Tuesday, September 24, 1996. Roanoke County is pleased to join with other localities throughout the State to encourage activities designed to conserve and improve our rivers and waters. If you need further information, please do not hesitate to contact me. Sincerely, Brenda J. Holton, Deputy Clerk Roanoke County Board of Supervisors Attaclunent cc: The Honorable John S. Reid, House of Delegates (~~~xrt#~ n# ~~rxx~a~e ®Recycled Paper SEP G`~ 1Q~,~ . ;~ v JOHN S. REID P.O EDx 29566 H IC HMO NG. VIN .'..V I,i 23229 SEVE\TY~~EC.O~'JO D15 TRI C:T September 18, 1996 Dear County Administrator, City Manager, Elected Government Official: ~~ MV ~•C:MM~TTEE AtiS,GNMEMTS. '~ Pivti~ :.)R T4'IOnJ C; CiNSC ~'it T:l~^, q;;G N1i,~k~~ ;+E S~~~~RCES As you have already heard from Governor Allen, the Fall River Renaissance will begin across the Commonwealth later this month. It is a campaign to promote and recognize volunteer efforts to conserve and improve Virginia's rivers and waterways. The Fall River Renaissance campaign will be conducted Sept. 21 through Oct. 19 and is modeled after Virginia's very successful Operation Spruce-Up program conducted annually in the spring. Our goal is to continue to motivate citizens to be good stewards of our natural resources. Through the Fall River Renaissance we are encouraging citizens and citizen groups to actively participate in projects and activities that will help clean and improve Virginia's rivers. I have enclosed in this packet a brochure being utilized to Delp inform citizens about the Fall River Renaissance campaign and a copy of a newspaper advertorial promoting the effort. More than 200.000 copies of this advertorial will be distributed as a newspaper insert in the coming weeks. I have also enclosed a Master Calendar of programs and activities. As you can see, a number of projects have already been scheduled in every corner of the Commonwealth and more are being scheduled every day. I want to strongly encourage you to support the programs and activities scheduled in your area. If there are no groups within your locality that have designated programs for this year, I urge you to encourage local groups to begin work now to join the 1997 Fall River Renaissance effort. I want to stress that this is not a partisan initiative. In fact, it is not a government initiative at all. Governor Allen simply has pledged the resources of several state agencies to promote and recognize participating citizens and private sector initiatives. For more information please call Carol Comstock at the Department of Conservation and Recreation at (804) 786-2294, or to receive an up-dated list of events for you locality call Larry Hart at the Department of Game and Inland Fisheries at (804) ;67-1295. I hope you will support local efforts to conserve and enhance our rivers. Sincerely, COMMONWEALTH OF VIRGINIA HOUSE OF DELEGATES RICHMOND Delegate John S. Reid ci a George Allen Governor Mr. Elmer C. Hodge County Administrator Roanoke County Pas*. office fox 2.9800 Roanoke, Virginia 24018-0798 Dear Mr. Hodge: Office o f the Governor September 13, 1996 My administration is supporting the efforts of Virginians who are engaged in volunteer activities to conserve and improve our rivers and waters. Under the Fall River Renaissance campaign, we are helping those Virginians who are taking steps to improve these important natural resources, and encouraging more citizens to follow their example. I would like to invite you and your local governing body to further this effort in your own community by declaring a period of time, such as a day or week, during Fall River Renaissance (Sept. 21-Oct. 19) when you encourage citizens to take up activities to conserve and enhance Virginia's rivers and waters. For example, you may consider declaring a day to clean up litter in a pond at a local park or a stretch of river that flows through your jurisdiction. What ever actions you stimulate will help your community and our Commonwealth. For your information, I am enclosing a copy of the text contained in a certificate of reco>7rlition that I issued for Fall River Renaissance. The agencies of the Secretariat of Natural Resources stand ready to work with citizens, their local governments, organizations and businesses to help them plan and develop volunteer activities under Fall River Renaissance. For more information about this campaign, citizens may call 1-800-592-5482. With warm regards, I remain, Sincerely, George Allen ®M~®~T ~V~f~~~~ ®f V~~~~~~A GA:tc State Capitol Richmond, Virginia 23219 (804) 786-2211 • TDD (804) 371-8015 WHEREAS, Virginia is blessed with abundant rivers and other waters throughout the Commonwealth; and WHEREAS, Virginia's rivers and waters provide sustenance to her citizens, their communities, and their businesses, which are important for their quality of life and prosperity; and WHEREAS, such rivers and waters are vital natural resources, providing important benefits to fish and wildlife and their habitats; and WHEREAS, the Commonwealth's rivers and waters provide opportunities for public boating, hunting and fishing and other forms of outdoor recreation enjoyed by Virginians and our visitors; and WHEREAS, the Commonwealth and her citizens should endeavor to conserve and enhance Virginia's rivers and waters so as to ensure their benefits, both now and for future generations; and WHEREAS, individual citizens, businesses and organizations, through their voluntary efforts, can accomplish the most to conserve our natural resources and provide long-term environmental benefits; and WHEREAS, the Fall River Renaissance campaign will encourage caring citizens to conserve and improve the rivers and waters in Virginia and will recognize and honor their exceptional efforts; WG~ t~G~ NOW, THEREFORE, ~ ia, do hereby recogniz September 21, 1996 through October 19, 1996 as the Fall River Renaissance i irginia, • an~ urge all our citizens, businesses and organizations, public and private, to observe and icipate in this campaign to conserve and enhance the rivers and waters of Virginia in or er that we may enjoy a more beautiful, healthy and prosperous Commonwealth. -~~-`I--h~- j w~ ~F EtOANp,I.~ ti' ',~ ~ _ k ` G) p 2 J ~. ~~ 1838 COUNTY ADMINISTRATOR ELMER C. HODGE (540) 772-2004 P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA~~.4018-0798 FAX (540) 772-2193 September 26, 1996 Mr. John R. Hubbard Chief Executive Director Roanoke Valley Resource Authority 1020 Hollins Road, NE Roanoke, VA 24012 Dear Mr. Hubbard: BOARD OF SUPERVISORS BOB L. JOHNSON, CHAIRMAN HOLLINS MAGISTERIAL DISTRICT HARRY C. NICKENS, VICE-CHAIRMAN VINTON MAGISTERIAL DISTRICT ' LEE B. EDDY WINDSOR HILLS MAGISTERIAL DISTRICT FENTON F. "SPIKE" HARRISON, JR. CATAWBA MAGISTERIAL DISTRICT H. ODELL "FUZZY" MINNIX CAVE SPRING MAGISTERIAL DISTRICT (540) 772-2005 Attached is a copy of Resolution 092496-4 authorizing articles of amendment to the Roanoke Valley Resource Authority Articles of Incorporation and an amendment to the Roanoke Valley Resource Authority Member Use Agreement to authorize the Authority to engage in or provide for commercial and/or residential garbage and refuse collection activities or services. Tlus resohrtion was adopted by the Board of Supervisors at their meeting on Tuesday, September 24, 1996 If you need fiu-ther information, please do not hesitate to contact me. Sincerely, ~' Brenda J. Holton, Deputy Clerk Roanoke County Board of Supervisors Attaclunent cc: Mary F. Parker, Clerk, Roanoke City Council Carolyn S. Ross, Clerk, Vinton Town Cotmcil Paul M. Mahoney, County Attorney William J. Rand, III, Director, General Services Diane D. Hyatt, Director, Finance (~~~trt#~ ~~ ~o~tz~o~~e ® Recycled Paper O~ EiOANp,,~~ '~ , z ~ 11838 COUNTY ADMINISTRATOR ELMER C. HODGE (540) 772-2004 C~aixx~#~ .~~ ~.o~~xxto~.~~e P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 FAX (540) 772-2193 September 30, 1996 BOARD OF SUPERVISORS BOB L. JOHNSON, CHAIRMAN HOLLINS MAGISTERIAL DISTRICT HARRY C. NICKENS, VICE-CHAIRMAN VINTON MAGISTERIAL DISTRICT LEE B. EDDY WINDSOR HILLS MAGISTERIAL DISTRICT FENTON F. "SPIKE" HARRISON, JR. CATAWBA MAGISTERIAL DISTRICT H. ODELL "FUZZY" MINNIX CAVE SPRING MAGISTERIAL DISTRICT (540) 772-2005 /Mr. J. Lee Osborne, Chairman Fifth Planning District Commission P. O. Box 2569 Roanoke, VA 24010 Ms. Wendy C. Wingo, Chair Fifth PDC Legislative Committee P. O. Box 2569 Roanoke, VA 24010 Dear Mr. Osborne and Ms. Wingo: This will advise you that at their meeting on Tuesday, September 24, 1996, the Board of Supervisors voted unanimously to appoint Alfred C. Anderson, Roanoke County Treasurer, to serve as a member of the Fifth PDC Legislative Committee. Mr. Anderson has been contacted and is willing to serve. I am forwarding a copy of your August 27, 1996 letter to Mr. Anderson for his information. Also, per your request, I am enclosing a copy of the resolution which was adopted May 28, 1996, recommending legislative proposals for the Virginia Association of Counties. County Attorney Paul Mahoney informs me that the County's 1997 legislative program will be adopted in November or December, and if you have any questions, you may contact him at 772-2007. If you need further information, please do not hesitate to contact me. Sincerely, ~~ N. ~~~ Mary H. Allen, CMC Clerk to the Board of Supervisors bjh Enclosures cc: The Honorable Alfred C. Anderson Paul M. Mahoney, County Attorney ® Recycled paper 'e F1FTH P~.A1~J1t111~G DISTRICT CCOMMISSIC~N 313 Luck Avenue, SW Post Office Box 2569 Roanoke, Virginia 24010 (540) 343-4.417 ~ fax (540) 343-4416 ~ I ~ ~' Au ust 27 1996 g , ~3 U , Mr. Bob Johnson, Chairman _ ., Roanoke County Board of Supervisors P.O. Box 29800 '~- Roanoke, Virginia 24018 ~~ Dear Mr. Johnson: The Fifth Planning District Commission has authorized the establishment of a Legislative Committee. The mission of the Legislative Committee will be to identify, coordinate, and publicize legislative issues of concern to the Planning District and its participating member governments. The puipose of the committee is two-fold. First, it will support the District's localities on issues deemed important to them and the region. Second, it will provide Leadership on emerging problem areas or issues of special concern identified by~the PDC as priorities. The committee will provide pro-active leadership in'specific areas of interest~to the Commission. ~ ~ . The Fifth PDC is asking that each local government appoint one of their Commission members to serve Qn the Legislative Committee. The committee will work with city, county, 4r towin legislative l~iai~ons~•f"to~sta`lilish a- legislative agenda. The committee will also work with the Virginia ~' Assdeiation of Counties, the Virgizua Municipal League, the Virginia Association of Planning District Commissions, and regional organizations in the District to obtain more information about their legislative agendas. The Fifth PDC's Legislative Committee is proposing to convene a legislative liaison meeting in November to begin looking at possible legislative azeas of interest to the District and its member goverrunents. The committee may also consider hosting a breakfast for legislators in the late fall to review legislative issues. ~ ~ ' On behalf of the Fifth PDC, we tivould like to request that the Roanoke County Board of Supervisors appoint one of its Commission representatives to serve on the Legislative Committee. We would like to have the appointment to the committee by Friday, September 20,1995.' Additionally, we would like to request that the Board provide the PDC's Legislative Committee with the legislative agenda which the County intends to pursue during the 1997 General Assembly Session. Serving Alleghany County, Botetourt County, Clifton Forge, Covington, Craig County, Roanoke City, Roanoke County, Salem, and the Town of Vinton Page -2- We feel that the Fifth PDC can offer much support for legislative initiatives which are of concern to the region and its member governments. W~..look forward to receiving notice of the County's appointment to the Legislative Committee and the County's legislative agenda in the near future. We appreciate the Board's support in this matter. ~~ Sincerely, : ~ ~ ~ ... •:..~ . J. Lee L. Osborne, Chairman ' • ~ ~ Wendy C. Wingo, Chair Fifth Planning District Commission ~ ~ Fifth PDC Legislative Committee , ~, 0~ POANp,I.~ ~ ,/~ •, A 2 O hz v ;aa~ rasa COUNTY ADMINISTRATOR ELMER C. HODGE (540) 772-2004 C~oix~#~ of ~.~~x~~~e The Honorable Harry Vice Chairman Roanoke County Board P. O. Box 29800 Roanoke, VA 24018 P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 FAX (540) 772-2193 September 30, 1996 C. Nickens of Supervisors Mr. M. Caldwell Butler 5624 Village Way Roanoke, VA 24014 Mr. Stephen (Steve) A. Musselwhite 549 Aragona Drive Vinton, VA 24179 Dear Vice Chairman Nickens, and Gentlemen: (540) 772-2005 This will advise you that at their meeting on Tuesday, September 24, 1996, the Roanoke County Board of Supervisors voted unanimously to appoint you to serve on the Metropolitan Transportation District Study Committee. State law provides that any person elected, re-elected, appointed, or re-appointed to any public body be furnished a copy of the Freedom of Information Act. Your copy is enclosed. We are also sending you a copy of the Conflicts of Interest Act. On behalf of the Supervisors and the citizens of Roanoke County, please accept our sincere thanks and appreciation for your willingness to accept this appointment. Sincerely, Mary H. Allen, CMC Clerk to the Board of Supervisors bjh Enclosures cc: W. Robert Herbert, Roanoke City Manager Mary F. Parker, Clerk, Roanoke City Council Stephen A. Mancuso, Manager, Valley Metro Paul M. Mahoney, County Attorney BOARD OF SUPERVISORS BOB L. JOHNSON, CHAIRMAN HOLLINS MAGISTERIAL DISTRICT HARRY C. NICKENS, VICE-CHAIRMAN VINTON MAGISTERIAL DISTRICT LEE B. EDDY WINDSOR HILLS MAGISTERIAL DISTRICT FENTON F. "SPIKE" HARRISON, JR. CATAWBA MAGISTERIAL DISTRICT H. ODELL "FUZZY" MINNIX CAVE SPRING MAGISTERIAL DISTRICT ® Recycled Paper O~ POANp~.~ ~~ , Z ''' ~ z v ;,ate 1838 COUNTY ADMINISTRATOR ELMER C. HODGE (540) 772-2004 P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 FAX (540) 772-2193 September 26, 1996 The Honorable Robert E. Martinez Secretary of Transportation 1401 East Broad Street, Room 414 Richmond, VA 23219 Dear Secretary Martinez: BOARD OF SUPERVISORS BOB L. JOHNSON, CHAIRMAN HOLLINS MAGISTERIAL DISTRICT HARRY C. NICKENS. VICE-CHAIRMAN VINTON MAGISTERIAL DISTRICT LEE B. EDDY WINDSOR HILLS MAGISTERIAL DISTRICT FENTON F. "SPIKE" HARRISON, JR. CATAWBA MAGISTERIAL DISTRICT H. ODELL "FUZZY" MINNIX CAVE SPRING MAGISTERIAL DISTRICT (540) 772-2005 Attached is a copy of Resolution 092496-2.e of support for the Intermodal Surface Transportation Efficiency Act (ISTEA) Integrity Restoration Act (HR3775). This resolution was adopted by the Board of Supervisors at their meeting on Tuesday, September 24, 1996. If you need fiirther information, please do not hesitate to contact me. Sincerely, g Brenda J. Holton, Deputy Clerk Roanoke County Board of Supervisors Attachment cc: Members, Commonwealth Transportation Board The Honorable John W. Warner, U. S. Senator The Honorable Charles S. Robb, U. S. Senator The Honorable Robert W. Goodlatte, U. S. Representative The Honorable Rick Boucher, U. S. Representative Fred Altizer, District Administrator, VDOT C~a~x~#g ~~ ~.~~xx~~~e ® Recycled Paper 0~ ROANp,I.~ ~ , ~ z c~ z ov a, 1838 COUNTY ADMINISTRATOR ELMER C. HODGE (540) 772-2004 September 26, 1996 P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 FAX (540) 772-2193 BOARD OF SUPERVISORS BOB L. JOHNSON, CHAIRMAN HOLLINS MAGISTERIAL DISTRICT HARRY C. NICKENS. VICE-CHAIRMAN ' VINTON MAGISTERIAL DISTRICT LEE B. EDDY WINDSOR HILLS MAGISTERIAL DISTRICT FENTON F. "SPIKE" HARRISON, JR. CATAWBA MAGISTERIAL DISTRICT H. ODELL "FUZZY" MINNIX a CAVE SPRING MAGISTERIAL DISTRICT (540) 772-2005 Ms. Lorinda G. Lionberger Salem District Representative Commonwealth Transportation Board c/o Lionberger Construction Company P. O. Box 20209 Roanoke, Virginia 24018 Dear Rindy: Enclosed is Roanoke County's resolution in support of the STEP 21 approach to re-authorization of ISTEA. The vote was unanimous, and I am pleased that we were able to do this. Copies of the resolution will also be sent to the Transportation Board as a whole. If you would like for us to do anything further, please let me know. Very truly yours, Elmer C. Hodge County Administrator ECH/meh Enclosure C~o~ixx~#~ o~~ ~.a~t~o~e ® Recycled Paper SEP, -~6' 96 (THUI 12 ~ 0? J Revised June 28, 1996 COMMONWEALTH TRANSPORTATION B4AAD Robert E. MartiaeZ (Chairman) David R. Lehr {Yice•Cbsirrrt~) Roy Parrish Byrd (LYerchbur'8 Dist.) Jobs V. Coghill, III (Richmond Dist.) ailin 1401 E. $road St. Richmond. VA 23219 (804) 786675 (804) 786683 i;AX 1401 E. Btosd St. Ricfuaond, VA 23219 (804) 786.2700 {804) 786-2940 FAX Route 2, Boa 24D ('hgtham, VA 24531 (804) 324.8223 (804) 324.87?.A FAX MC~al11fl, W~a, t:tittid ~ Boot]bE One Jaaxs Ceat+x 9oi E. Cary Strad Richmond, VA 23219 (804) 7'15-4383 (804} 7y5-1061 FAX Harold E. Neale (Staunton Dist.) Zaaaiove L. Newcomb (1F'rederick4bur5 Dist.) Max 8. Potter (At t.arRe Furall John A. Grubb, Jr. 1062 Ho1Sow Road (At-Large Rural) Marina, VA 24354 William W. Prettyman (j4Q} 783-6867 (Stirfolk Dist.) Robert T. Lee Ogletree, Uealcins, Nash. Smoak & Stewart (NuVa Dist.) ?400 x Seroet. N,W„ Srh Floor Wasbiagton, D.C. 20037 (202) 887.0855 J.saaa 1?. Rich (202) 887-0866 FAX (At-Large Urban) Lonnda G. Lionberger ~ P.O. Boa 20209 ~~~ D~~t,-) Roauoica, VA 2;018-0507 (540) 989-5301 Williaas 5. >R.oudabuAh (Culpeper Uist.) L. C. 'Sonar' Marina p.4. Boa 336 (Bristol Dist.) Penaragtoa Gap, VA 24277 (540} 346-1414 ~Y~e X. ~'r0 (S40) 346-1578 FAX (At•Large Urban) H. Carter Myece, lI1 440 Roolyvood Drive (At Isrge Urban) Charloaesvilla ~A 22903 (804} 978-3906 (a0a) 978-1711 FAx P. a0i Mary Baidwia College Staunton, YA 24401 (S40) 887-7011 708 lrmdall Lase Fredericl~sburg, vA 22405 {540) 371-2929 P.O. Boa S 11 Boylcins, VA 23827 (804) 654fi430 (804) 654430 FAX W,W. Pretryman Real Estsue 2809 S. Lyanhavea Rd., Suite 110 Virginia Beach, VA 23452 (804) 4$6-5444 (804) 466-5224 FAX 1401 I Street. N.W. Suite 1030 Washiagtaa. p.C. 20005 (202)465-1425 (202) 466-1498 FAX P.O. Box 1222 Chatlottas~+ille, VA 22902 (804) 977.0205 P, O. Bnx 392 Manassas, VA 22110 (~03) a1~-~23 (703) 36s-5452 FAX ~~ROM 08-14-96 10:12AM TO 97722089 r92 P.1I7 TELECOPY TRANS ITTAI. CITY OF ROANOI~E OFFICE OF THE CITY ATTI 21 S Church Avenue, S. W. 464 Municipal Building, Room 41 Roanoke, VA 24011-1595 Telephone XV'umber: 540-981-2431 Telecopy Number: 540-224-3071 ' ;~RiVii.E~ED .AND CON~YDENTIAY, s 'I'o: Name: rim rrra~ xzr~.za~s, ssQU~aa Firm: Jos$Px s. ossss~-~s+, ssQoisB LOCatiOn: IaFt L _ HBABR'WRT.T.. ITT , $SOLIJ~E - Telecopy Number: 563-5357 - ~~-4352 - 772-2Q69 Number of Pages: =(including cover sheet) From: ~II.Ba~ c. DIBLING, JIt_ Name: NOTE: 'Thl. oa.mr.k~dos i. btatd«t wlsr f~ tba ..e o[ tf<e person st~owra as tMe r+aoiplewt herooo and is aowOdsatGd aad pivile~+d per..rrt m t!t atmeary~3leat pN~dledae awd tMe w~or~c peoduet doctrlae. Ii tMe reader of tt~1a siessaBe is sot tie lateadad redpleat, a t1~e e..pivyee of meat r+espowdbk t4 deiiMar It to t#e iatlwded t+edpiaay pon are iwebq sotiBed that aa~ dlsserwlnwtiow, dlrtribtitioo ar copyios of tWs aosanuoies~tiaa V s~ piviti6ited. U~ Maw rereiwd tiL eaautsaalaatioa Iw error, pia.se iauwediafelr aotlly ass M! tdepboae, dad retoro tie od~oai sas.are m ti at the above address ~latMe U.S. Poatt 9QVla. Q~itt~Dtii Pran Dam; B/14/96 ~'j~; 9 z 59 a . s. "• TO CONFIRM RECEIPT OR REPORT PROBLEMS, PLkASB CALL 540.981.2431. ~~i ~f (~l ~ -~ C:~ ~.(f < < ( 1J ~ -f- o c~~, ~ ~~ _,,,~ -f-~.e ~v v (i ~ IVca ~~ ~ c e U~~c o~-~, Spedal instructions: l~at~C_ ~e.r ~ i3k~ : /kd~ ~ illo~ii~, mkt ~- FROM 08-14-96 10:13AM TO 97722089 X92 P.2/7 NOTICE OF PUBLIC HEARING TO WHOM TT MAY CbNCERN: Pursuant to the provisions of the Virginia Water and Sewer Authorities Act, §§15.I-1239 et seq., Code of Virginia {I950), As amended, public hearings will be held by (1) the City of Roanoke ("City") in the Council Chambers, Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia 24011, on IV~onday, September 16, 1996, at 7:00 p.m. or as soon thereafter as may be practicable; {2) the County of Roanoke ("County") in the Board Meeting Room, Roanoke County Administration Center, 5204 Bernard Drive, S. W., Roanoke, V'Upnia 2,4018, on Tuesday, September 24, 1996, at 7:00 p.m. or as soon thereafter as may be practicable; and (3) the Town of Vinton ("Town") in the Council Chambers, Town Municipal Building, 311 South Pollard Street, Vinton, Virginia 24179, on Tuesday, September 17, 1996, at 7:00 p.m. or as soon thereafter as may be practicable, on the adoption of the following resolution by each of the governing bodies of the City, County and Town: A RESOLUTION AUTHORIZING ARTICLES OF AMENDMENT TO THE ROANOKE VALLEY RESOURCE AUTHORITY ARTICLES OF INCORPORATION AND AN AMENDMENT TO THE ROANOKE VALLEY RESOURCE AUTHORITY MEMBERS USE AGREP.MENT TO AUTHORIZE THE AUTHORITY TO ENGAGE IN OR PROVIDE FOR COMMERCIAL AND/OR RESIDENTIAL GARBAGE AND REFUSE COLLECTION ACTIVITIES OR SERVICES. Whereas the Board of Supervisors of Roanoke County, Virginia, ("County"), the Council of the Town of Vinton, Virginia ("Town"), and the Council of the City of Roanoke, Virginia, {"City's have determined thaz it is in their best interests to amend the Articles of Incorporation of the Roanoke Valley Resource Authority ('Authority's and the Ra~anoke Valley Resource Authority Member Use Agreement to authorize the Authority to engage in or provide for commercial and/or residential garbage and refuse collection activities or services, pursuant tv the provisions of the Virginia Water and Sewer Authorities Act, Chapter 28, Title 15.1, Code of Virginia (1950), as amended, ("AcY); and, A: Wa~cVo-~. s FROM 08-14-96 10:14AM TO 97722089 #92 P.3/7 Whereas, the Board of Supervisors of Roanoke County, Virginia, the Council of the Town of Vinton, Virgisua, and the Council of the City of Roanoke, Virginia, do by concurrent resolutions provide for amendment of the Authority's Articles of Incorporation to authorize the Authority to engage in or provide for commercial and/or residential garbage and refuse collection activities or services pursuant to the Act; and, Whereas, a public hearing has been held in accordance with the requirements of the Act, including, without limitation, sections 15.1-1243, is.1-1244, and 15.1-1Z50(o); and, Whereas, the Roanoke Valley Resource Authority has, by resolution, expressed its consent to the aforesaid amendments. NOW, THER~'OIZE, 8E IT RESOLVED as follows: 1. The proper officials are authorized to execute and attest, in form approved by legal counsel, an amendment to the Roanoke Valley Resource Authority Members Use Agreement authorizing the Authority to engage in or provide for commercial and/or residential garbage and refuse collection activities or services. 2. The authorization of the Authority to engagc in or provide for commercial and/or residential collection activities or services pursuant to the Act is hereby approved, and the Articles of Amendment of the Roanoke Valley Resource Authority sets forth and specifies this additional authority. 3, The Artjcles of Amendment of the Roanoke Valley Resource Authority are as follows: The Board of Supervisors of Roanoke County, the Town Council of the Town of Vinton, and the Council of the City of Roanoke have by concurrent resolution adopted the following amendments to the Articles of Incorporation of the Roanoke County Resource Authority of Virginia, pursuant to the Virginia Water and Sewer Authorities Act (chapter 28, Title 15.1, 1950 Code of Virginia, as amended) ("Act") I. The Articles of Incorporation shall be amended by striking out ARTICLE I and substituting the following: The name of the Authority shall be the Roanoke Valley Resource Authority and the address of its principal office is 1020 Hollins Road, Roanoke, Virginia 2x012. II. ARTICLE II of the Articles of Incorporation shall continue to read as follows: 'T'he names of the incorporating political subdivisions are the County of Roanoke, Virginia; ^: wa.c~tc~u~. i FROM A8-14-96 1A:14AM TO 977Z2A89 X92 P.4/7 the City of Roanoke, Virginia; and the Town of Vinton, Virginia. The County of Roanoke, the City of Roanoke, and the Town of Vinton, as the incorporating political subdivisions, hereby acknowledge, covenant, and agree that these Articles of Incorporation shall not be further amended or changed without the express agreement of each of the governing bodies of each of the incorporating political subdivisions. Neither of the following actions shall be taken or permitted to occur by the Authority without the consent of the City of Roanoke and the County of Roanoke as expressed by the affirmative vote of all City and County represes~tativcs on the Authority: (1) Any change in the terms or conditions of design or operation of the Transfer Station located in the City of Roanoke as set forth in the Solid Waste Transfer Facility Design Criteria, dated March 19, 1991;~and the Solid Waste Transfer Facility Operating Criteria, dated May 21, 1991, as approved by the Roanoke City Planning Commission on June S, 1991, and the Part A and Part B applications for the Transfer Station as approved by the Commonwealth of Virginia, or any expansion or modification thereof or use by any persons or entities other than City, County, or Town; (2) Any change in the terms and conditions of the design or operation of the Landfill located in Roanoke County as set forth in the special use permit and the Landfill Fermit Conditions and Operating Policies, Action 62789-10 and Resolution 62789-12, each dated June 27, 1989, and the Part A and Part $ applications for the Landfill as approved by the Commonwealth of Virginia, Since the Landfill and Transfer Station are scarce and valuable resources, and because the incorpor~ng politic~.1 subdivisions have a common interest in insuring that the Landfill is utilized in the best possible and most efficient manner, the incorporating political subdivisions agree that Authority membership and operation and use and operation of the Transfer Station and Landfill shall be governed by the terms and conditions of the Roanoke Valley Resource Authority Members Use Agreement ("Use Agreement")dated October 23, 1991. III, The Articles of Incorporation shall be amended by striking out ARTICLE III and substituting the following: The names, addresses, and terms of office of the members of the Board of the Roanoke Valley Resource Authority ("Authority") are as follows Name A~ess 1. Diane Hyatt 2. B. Clayton Goodman, III 3. Kit B, Kiser 4. Bittle W. Porterfield, III S. William J. Rand, III G. Allan C, Robinson, Jr, 7. Katherine Schefsky FROM AB-14-96 1A:15AM TO 9772ZA89 tt92 P.5/7 The terms of office of each of the members shall become effective on the date of issuance of a certificate of joinder for the Authority by the State Corporation Commission in accordance with the provisions of Section 15.1-1248 of the Act. The governing body of each participating political subdivision shall appoint the number of members, who may be members of the governing body, set forth opposite its name below County of Roanoke -four City of Roanoke -two Town of Vinton -one It being the intention of these Articles that the governing body of the County of Roanoke shall always appoint a majority of the members, whenever an additional political subdivision shall join the Authority, sdch governing body shall be entitled to appoint ono or more additional members in order to maintain such majority. Initially, the governing body of the County of Roanoke shall appoint one member for a four-year term, one member for athree-year term, and two members for atwo-year term. Initially, the governing body of the City of Roanoke shall appoint one member for afour-year term and one member for athree-yeaz term, Initially, the governing body of the Town of Vinton shall appoint one member for afour-year term. After the initial terms, each member shall be appointed for afour-year term or until his successor is appointed and qualified, Any additional members appointed by the County of Roanoke to maintain its majority pursuant to the foregoing paragraph shall also be appointed for four-year terms. The governing body of each political subdivision shall be empowered to remove at any time, without cause, any member appointed by it and appoint a successor member to fill the unexpired portion of the removed member's term. Each member may be reimbursed by the Authority for the amount of actual expenses incurred by him in the performance of his duties. IV. The Articles of Incorporation shall be amended by striking out ARTICLE IV and substituting the following: The purpose for which the Authority is to be formed is to exercise all the powers granted to the Authority to acquire, finance, construct, operate, manage and maintain a garbage and refuse collection and disposal system and related facilities pursuant to the Act. For purposes of these Articles, and any contracts or documents entered into on behalf of Authority, "garbage and refuse collection and disposal system and related facilities" shall mean collection and disposal of garbage and refuse at and thmugh a transfer facility owned and operated by the Authority and the associated landfill or disposal operations and including the authority to engage in or provide for r+egi~dential and/or commercial garbage and refuse collection activities or services. The Authority shall contract with the Gounty of Roanoke, the City of Roanoke, and the Town of Vinton to furnish garbage and refuse collection and disposal services upon identical terms and conditions including the same schedule of service rates, fees and charges of all types which shall be uniformly applicable to such political subdivisions. Subject to the terms of the Use Agreement, the Authority may contract with other political subdivisions to furnish garbage and trash disposal .~ w~vn-~,,. ~ FROM 08-14-96 10:16AM TO 977220A9 X92 P.6/7 services upon such terms and conditions as the Authority shall determine. The Authority may conttae~t W make host locality payments to Roanoke County and Roanoke City to compensate the County and City in consideration of location of facilities within their communities. It is not practicable to set forth herein information regazding preliminary estimates of capital costs, proposals for specific projects to be undertaken, or initial rates for the proposed projects. V. ARTICLE V of the Articles of Incorporation shall continue to read as follows: The Authority shall serve the County of Roanoke, the City of Roanoke, the Town of Vinton and, to the extent permitted by the Act and by the terms of these Articles and the Use Agreement, such other public or private entities as the Authority may determine upon the terms and conditions established pursuant to such contracts. VI. ARTICLE VI of the Articles of Incorporation shall continue to read as follows: The Authority shall cause an annual audit of its books and records to be made by the State Auditor of Public Accounts or by an independent certified public accountant at the end of each fiscal year and a certified copy thereof to be filed promptly with the governing body of each of the inwrporating political subdivisions. 4, A copy of the Roanoke Valley Resource Authority Members Use Agreement is available for inspection in the Office of the Town Manager, Vinton Muticipal Building, Office of the Clerk to the Board, Administration Center, and Office of the City Clerlc, Roam 456, Municipal Building, 5. This resolution shall take effect immediately upon its adoption A copy of the Roanoke Valley R~esvurce Authority Members Use Agreement, as it is proposed to be amended, is available for public inspection in the Office of City Clerk, Room 456, Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia, the Office of the Clerk of the Board, Roanoke County Administration Center, X204 Bernard Drive, Roanoke, Virginia and the Office of the Town Manager, Town Municipal Building, 311 South Pollard Street, Vinton Virginia 24179. Mary F. Parker, City Clerk Mary Allen, Clerk of the Board Carolyn Ross, Town Clerk e~,tt~scvraRVx~~ FROM ©6-14-9F 1A:16AM TO 97722689 =92 P.7/7 NOTE TO PUBLISHER: Please pnbljsh once on Friday, August lb, 1996. Send publisher's at~idavit and invoice to: Mary F. Parker, City Clerk 456 Municspal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011 „:wruscaraaRVx,t i .~~ `~ m~ ~~ M E M O RAN D U M To: Board of Supervisors Ect~ From: Elmer C. Hodge ~~ 6 1 Ju 1 3 , 19 9 ~,~ ~~ V Date : Y r~Z~'d~1'~N~~ Subject: Attached Flier ~~^ ~y ~ JvCX'~ Mr. Eddy made this s mer of ltheahomea o () is being circulated by Hunting Hills well lot area. I thought you might like to have it. ECH/meh Attachment ~~~ ~ov>~eowne~rs :{-~ssociatiov~, Iv~c. cavNry sa,A Ra a~ svA~R visaRs variN~ ~uN~ zs, aN,A M~/1 suR~ fH~ f f~IR~~ DNS HUNT/NG H/L[S PRaP€RjY VALUES! Without much time, Hunting Hills Residents must act to Stop the Board's plan to change a 30 year ordinance on a .3 acre Well Lot so that it can become a building lot. Tyler Moore, Attorney at Law, outlines the situation on the second sheet. We have included a map of the area for your edification. But first ... as residents of Hunting Hills, consider our ~Y/1TO~J' with the County. Residents of Hunting Hills are lucky to live in one of Roanoke County's finest neighborhoods. For that privilege, we often pay a "big price," beginning with purchase price! While our lots may be large and comfortable, our taxes are large and often uncomfortable. Our neighborhood was included in a Road Bond issued to upgrade County roadways ,but our roads were left to the last. The County eventually informed us that the work would not be done as monies allocated had been spent on other County roads. They seemed surprised when residents objected ... perhaps we are so lucky, we should feel ashamed to protest! Our children attend school in buildings that fall far short of meeting their needs, but County. residents are determined that we continue to live with the situation ... after all, we are already so lucky, how dare we complain? Extending Turkey Hollow Road to Buck Mountain Road has posed a threat to Hunting Hills for over 10 years. In 1986 the County promised to construct a cul-de-sac at the end of Turkey Hollow, even notifying us of their decision to establish a "spite strip" behind the cul- de-sac. The same. County later withdrew its pledge, nullifying the promise. Their assurance had been "a mistake" and if acted upon, potentially illegal! We have since invested considerable time and money in an ongoing effort to keep our neighborhood intact and free of traffic from Buck Mountain Road. Homeowners on Turkey Hollow Road, left in limbo, continue to face this threat, as do we. TODAI^lP~'08LE~i1,~ With the new Water Reservoir in operation the County has no need of Well Lots. Our neighborhood has a well lot located on Fawn Dell Road. Somehow, home owners on this road were not notified prior to the sale of the lot. Interestingly, the Chairman of the Board of Supervisors, Mr. Johnson, bid on many of the Well Lots put to auction, including the lot on Fawn Dell Road. LEGAL f~/ffY Courtesy of Tyler Moore, Attorney at Law THE HUNTING HILLS HOMEOWNERS ASSOCIATION SEEKS YOUR ACTIVE SUPPORT TO STOP THE EFFORTS BY THE BOARD OF SUPERVISORS TO VIOLATE ANY RECORDED SUBDIVISION PLAT. 1. The Board of Supervisors must not nullify and vacate a subdivision plat recorded to protect each homeowner without the agreement of any homeowner, and without considering the impact to the homeowners. 2. The Board must not nullify and vacate a subdivision plat of record for 30 years which changes a 0.3 acre lot designated for a well station to allow the construction of a home half the size of all other homes on Fawn Dell Road, where lots range from 1 acre to 2 acres, in the face of opposition of every homeowner. SUMMARY A year ago, on May 23, 1995, the Board of Supervisors of Roanoke County (the Board), authorized the sale of a well lot on Fawn Dell Road in Hunting Hills for $30,000, to a Salem developer. Because the subdivision plat of record for three decades restricted the lot as a well lot, the purchaser a year later has now asked the Board to adopt an ordinance to vacate the subdivision plat as to this well lot. The residents of Fawn Dell Road never learned of the proposed sale of the well lot, or the adoption of the ordinance to sell the well lot to the developer or the first reading of the ordinance to vacate the subdivision plat until three business days before the public hearing on May 28, 1996, for the second reading. No adjacent homeowner nor any owner of any lot on the recorded subdivision plat ever agreed to any modification or vacation of any part of the subdivision. Fawn Dell Road is an exclusive residential street opened over a quarter of a century ago, with a total of eight homes in one to two acre tracts, nestled in the woods on a cul-de-sac. The subdivision plat included a 0.3 acre well lot. Bill and Barbara Meyer were the first homeowners to build on Fawn Dell, some 25 years ago. Walt and Linda Blair followed in 1972. Both families still live on Fawn Dell along with six other families. The deed restrictions for Hunting Hills were the most restrictive. After 25 years, all homes were constructed and the deed restrictions expired by its term. Then the County decided to sell the 0.3 acre well lot as surplus land. Without notifying the homeowners, the County listed the well lot along with a number of other surplus well lots for sale by legal notice in the newspaper. No sign was posted on the property. No realtor or broker was retained to sell the property. No promotional advertisements are known to have been under taken to promote the sale of this lot. The Chairman of the Board, apparently, and other developers bid on the property. A Salem developer at $30,000 was the highest bidder. The affected residents were not even notii'ied of the passage of the last ordinance by certified mail, as required by law. IMPACT OF BOARD ACTION If the Board approves the ordinance to vacate the subdivision plat the developer may build any size house not subject to any deed restriction. The house would be only 30 feet from the road instead of the 60 foot plus setback of the other homes on the street. The Chairman of the Board acknowledged that the stability and integrity of the subdivision is impaired. The homes on Fawn Dell Road and Hunting Hills are adversely impacted. REASONS THE BOARD SHOULD VOTE DOWN THE ORDINANCE TO VACATE THE SUBDIVISION PLAT 1. Subdivision plats are prepared and recorded to protect homeowners. For the county to vacate the subdivision plat in the face of total opposition of every homeowner violates the purpose for the subdivision plat AUG-O6-1995 14 29 CITY CLERK'S OFFICE `~- /~ Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Amendments to Founding Roanoke Valley Resource Solid waste Collection I. Sack round: ?03 224 3145 P.O1 August 5, i996 Report No. 96-3a5 Documents to Permit the Authority to Engage in A. Revenue needed to offset operating and capital cost for the noke Valley Resource Authority (RVRA) is generated solely from the collection of tipping fees. If there is insufficient solid waste or the tipping fees are too law, the RVRA would incur a deficit. The FY 9fi-97 budget projects x,10,282,455 in revenue from 187,p00 tons of solid waste (including 104,700 tons of commercially generated waste.) e. A deficit in revenues versus expenses would be an obligation for the founding jurisdictions, namely, Roanoke City, Roanoke County, and the Town of Vinton. C. Commerciall rovided landfill s ace hasp become more available in recent months as private companies have been successful in obtaining operating permits for these large commercial landfills. Commercial landfills also need a certain volume of solid waste to pay for the operating and capital cost of their landfills. D. A method of controllin the end destination of solid waste is to be the collection agency that picks up the solid waste. Nationally known private haulers have entered the local market in recent months, buying up smaller private haulez~s and becoming more and more in a position to justify some form of long distance transportation method to divert the solid waste they collect and transport that is now going to RVRA to a distant private landfill. E. Authority to compete for solid waste collection via ®stablishing a collection operation is being sought by . RVRA in accordance with the attached April 8, 1996 and June 21, 1996 letters from RVRA Executive Director John Hubbard. '~ TOTAL P.@1 AUG-06-1996 14 16 CITY CLERK'S OFFICE 703 224 3145 P.02 Honorable Mayor and City Council August 5, 1996 Page 2 P. Several steps would have to be undertaken by both the RVRA and the founding jurisdictions, including public hearings, prior to the RVRA being able to engage in this activity. G. Amendments to the Authority's Charter and the Member Use Agreement, being requested hereby, are the first steps to this process. H. A Public Hearin is required to amend the founding ocuments, as was required for the initial approval of these documents. Public Hearing requires at least 30 days notice. II. Issues: A. Ability to compete 9. Need tv stabilize solid ,waste volume C. Tipping fees D. peficit prey_e_ntian III. Alternatives: A. Council schedule a Public Hearin to consider a royal o t e amendments, in a forts acceptab a to t v City Attorney, to the RVRA'B Charter and Members Use Agreement as a first step to permitting the Authority to engage in solid waste collection. 1. Abilit to compete for commercial solid waste collection will be initiated. ~. Need to stabilize solid waste volume will be shown, 3. Tipping fees of economical range will be supported. 4. Deficit prevention will be sought. B. Council refrain from a rovin the ro osed amendments. 1. Ability to compete. will not be initiated. 2. Need tv stabilize solid waste volume will linger as a pending pzoblem. RUG-06-1996 14 17 CITY CLERK'S OFFICE 703 224 3145 P.03 Honorable Mayor and City Council August 5, 1996 Page 3 3. TiDDinq fees may escalate greatly. 4. Deficit prevention may be impossible. IV'. Recommendation: Council schedule a public hearing to consider the adoption of the attached resolution author~zing amendments to the RVRA'S Chaxter and Member Use Agreement in accordance with Alternative "A". Respectfully submitted, r~ ~~ l W. Robert Herbert City Manager WRH:KBK:afm Attachm®nts cc: John R. Hubbard, Executive Director, RvRA Elmer C. Hodge, Roanoke County Administrator 8. Clayton Goodman, IIi, Vinton Town Manager Bittle W. Porterfield, III, RVRA Member Kit B. Kiser, Vice Chairman, RVRA Wilburn C. Diblinq, Jr., City Attorney James D. Grisso, Director of Finance William F. Clark, Director of Public Works r t-_ ~' - 1 i _ ~ ~o y v'l ~} 1' ~ .r ~_ _ "~ L it,t:.-Gt ~- _; ,' J ~ ~f ~ ~, ~ o ~., O~ ~r ANp~~ L ~~ ~~ Z _~ J ' .L 1838 COUNTY ADMINISTRATOR ELMER C. HODGE (540) 772-2004 April 10, 1996 P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 FAX (540) 772-2193 BOARD OF SUPERVISORS BOB L. JOHNSON. CHAIRMAN HOWNS MAGISTERIAL DISTRICT HARRY C. NICKENS. VICE-CHAIRMAN VINTON MAGISTERIAL DISTRICT LEE B. EDDY WINDSOR HILLS MAGISTERIAL DISTRICT FENTON F. 'SPIKE" HARRISON. JR. GTAWBA MAGISTERL4L DISTRICT H. ODELL "FUZZY' MINNIX GVE SPRING MAGISTERIAL DISTRICT (540) 772-2005 Mr. W. Robert Herbert, City Manager Room 364, Roanoke Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1591 Dear Bob and Clay: Mr. B. Clayton Goodman, III Vinton Town Manager P. O. Box 338 Vinton, Virginia 24179 This is in regard to John Hubbard's letter dated April 8 requesting amendments to the Roanoke Valley Resource Authority Charter and Member Use Agreement to allow the Authority to provide commercial garbage and refuse collection service. As you are aware, progress is being made in discussions relative to combining the City and County solid waste collection services. One of the alternatives being discussed for combined collection is to have it done by the Resource Authority. In view of this, I suggest that the documents be amended instead to extend the requested authorization to residential collection as well. Very truly yours, ~~~ ~~~ Elmer C. Hodge County Administrator ECH/meh cc -Board of Supervisors Mr. Paul M. Mahoney, County Attorney Mr. John R. Hubbard, Chief Executive Officer Roanoke Valley Resource Authority 4e-ahcQ -1-~-b+-t 4-k. .~M.a~ ~-N- Y-z3 1'~-Q.. ~~~~ ~ ~.II~C~ ~.e ~ ~ ~s~ Printed by Brenda Holton / ADM01 4/16/96 10:16am --------------------------------------- From: Paul Mahoney / ADMO1 To: Don Myers / ADM01 Subject: RVRA Resolution ===NOTE====------=====4/16/96==9:54am== CC: Brenda Holton / ADMO1, Elmer Hodge / ADMO1 ....................................... Don: In the preparation of the revised Resolution for the RVRA Charter amendments to authorize collection activites or services, I reviewed the State Code procedures. It appears that prior to the adoption of the Resolution, the BofS must (i) cause to be published a copy of the Resolution together with notice of public hearing, and (ii) hold a public hearing on the proposed Resolution. The notice must be published 30 days prior to public hearing. Therefore, we must publish this notice and Resolution ASAP (but no later than 4/28) if we want the BofS to consider this at its May 28, 1996 meeting. We CANNOT take action on this at 4/23/96 meeting. Page: 1 Printed by Brenda Holton / ADM01 4/16/96 12:51pm should wait on the advertisement until Herbert responds to ECH's 4/10/96 letter. Do you want to include a "Request for Public Hearing" for 5/28 meeting for this matter on the 4/23/96 agenda? Fwd=by:=Brenda=Holton__________________ Fwd to: Mary Allen / ADMO1 ....................................... Please see above message. Should we include requests for public hearing on 4/23 agenda as PMM suggests? and should someone (PMM) do Board Report to explain? Even if City/Town doesn't advertise when we do, we have until April 28th to send ad to the paper. Brenda Page: 2 Printed by Brenda Holton / ADM01 4/16/96 12:51pm --------------------------------------- ' From: Paul Mahoney / ADM01 ` To: Don Myers / ADM01 Subject: fwd: RVRA Resolution --------------------------------------- ===NOTE====------=====4/16/96==9:54am== CC: Brenda Holton / ADM01, Elmer Hodge / ADMOl .......................... ............ Don: In the preparation of the revised Resolution for the RVRA Charter amendments to authorize collection activites or services, I reviewed the State Code procedures. It appears that prior to the adoption of the Resolution, the BofS must (i) cause to be published a copy of the Resolution together with notice of public hearing, and (ii) hold a public hearing on the proposed Resolution. The notice must be published 30 days prior to public hearing. Therefore, we must publish this notice and Resolution ASAP (but no later than 4/28) if we want the BofS to consider this at its May 28, 1996 meeting. We CANNOT take action on this at 4/23/96 meeting. Fwd=by:=Brenda=Holton=4/16/96=10:38am== Fwd to: Paul Mahoney / ADM01 CC: Mary Allen / ADM01 ....................................... Paul, thanks for the information. I will take it off the 4/23 agenda and give to MA for the May 28th Board Meeting file. Are you going to take care of the advertisement? Brenda Fwd=by:=Paul=Mahoney==4/16/96=12:40pm== Fwd to: Brenda Holton / ADM01 CC: Bill Rand / GUPO1 ....................................... To save public taxpayer $, I recommend a joint advertisement with Roanoke City and Town of Vinton. With a joint ad, we would only have to pay for publishing the entire Resolution one time, instead of 3 times (once for each jurisdiction). Since we will be recommending an amended Resolution to include residential collection, perhaps we Page: 1 BUG- F-~~ T11E ? .41 PM T~!"PI OF '~']I~~GPd ~, 3. ~gquest to 3ahedaIe a Pnb ie A ring to Amend Roanoke Vsllcv Resource Authority Cha~fr and Member 'Gras Agreement - Phroposed Resoh~tinn No. 1003 bSSUE/P'URP'OSE: Roanoke Valley Resource Authority. ACTIQN REQUESTED: Schedule a public itesiring to consider approval of the amendments to the RvRA's Charter and Members Use Agreement as a first step to permitting the Authority to engage in solid v++aste collection. JUSTIFTCATYON: At its May 22, 1996 meeting, the RVrRA authorized commencemont of the procedure necessary for amendment of the Authority's Charter and the Member Use Agreement to authorize the Authority's collection of commercial and residential waste. This is the Srst Step of many seep process before the Authority wul~l ,initiate collection of solid waste. The Authority intends only to aaie~nd its orgaaizational doeurnent$ in accordance with the requirements of the Water and Sewer Authorities Act. The Authority does not intend to comply at this time with the other procedural requirements which must be met prior to a decisive by the Authority and the Charter Member Jurisdictions to have the Authority to actually engage in yr provide for collection e,ctivitses. The virginia Water and Sewer Authorities Act provides that the ardcies of incorporation of any authority may he amended with respect to the powers of such authority by fallowing the praaedure prescribed by law for the creation of the authority. The public ht~rin~ must be advertised 30 days prior to the date set for the public bearing. As the Town's representative an the RVRA, Y recommend that the Council • schedule sl public hearing to receiive public comment on this request. Ta provide adequate time to prepare the notice it is recommended that the hearing be scheduled for the second meeting in September, 1996. Lam, G~ _ / ~ PROPOSED RESOY,U'I~ON NO. 1003 Z5 ENCLOSED FOR REVXE'VP ANY? CONSIDERATION Matt-It'" brand tax mwnu 7fi71 I * o+PpY°O ` ~~~d 4UG- F-9F TUE 1: ~~ P~~ TO~rTi OF ti'1P[mOPI F~F PIO. ~~~+9~3+f1F?i P. 7 RESOLUTION N0. 1()03 AT A RE(iUI.AR 11'IEETIl~TG OF TSE vYN'TON TOWN COUNCIIr SELD ON T[TESDAY~ AUGUST b, 1996, A~ 7:00 P.M. I~1' TBE CUUNCIL CIIAMBERS OF TAE YII~ITON MUNICII~A.L BUILDING, 3i1 SOLITg POLLARD S1~tEET, VIN~'ON, VIRGIl~tIA. WHEREAS, on October 23, 1391, the jurisdictions of Roanoloe City, Ru:u~ake Cow~ty, and Town of Vinton entered into a Member Use Agreement and related documents for the creation of the Roanoke Valley Resource Authority for the purpose of establishing acid opcratirs$ a solid waste collection u~d disposal system through a transfer station, landfill, and rnlactd facilities; and, W~tEAS, the member jz~risdictions now wish to amend the Mea-~r Use Agreement and Articlcs of Fneorporation to allow the Authority to provide for or engage %n individual or business wllea:tion activities or services; and, WHEREAS, pursuant to Station 15.I-1250(0) of the 'Virginia ~Vat~er and Sewer Authorities Act, Code of Virginia (1950), as amended, {Supp.), provides that the articles of incorporation of any authority may be aunendcd with resQect to the powers of such authority by fallowing the pmcedure prescribexi by iaw for the arcation of the authority contained in 15.21241 through 15.1-1247. NOW, T~EF'ORE, EE IT RESOLVER, that the Vinton Town Council. does authorize staff to pubiish a copy of the appropriate ordinance, rowlution, or agre~mcnt at least 30 days pnor to the date set for a public hearing on adoption of the resolution as required to authorize the caccution of an amendment to the Roanoke Valley Resource Authority Member Use Agreement and Articles of Incorporation, to allow the Authority to engage an cn provide for commercial andJor residential garbage and refuse wllrx:tion activities or services, l~otloa made by ,and seconded by Councilman with the following votss recorded: AYES NAYS APPROVF37: Charles 12. Hill, Mayor A'1'r'~ST: Town Clerk ~UC~- ~-9fi 'TUE 1 .4~ PM Tu~NPi Qfi V 11~T0~1 FA~:I~O. 5~~+qa~+~6~1 P. ~~ ~~„sav~o~3o `'r ~f~ J ~ry _.... ~nAL' ~ 7unE 21, ig9b ~< - ~ti. ;. _: ,.:~ Mr. Flznei Hodaer Co~'t~' Adn,inistratar ~, Bob Herbert, City Mager C_'.c~unty of Roanoke City of Roanoke 5204 ~lernard Drive 215 Church Avenue 24011 Roanoke, yp, 24pi8 Roanoke, VA 24011 Mr, B. Clayton Goodmar-, Ill Town Manager, Towzt of Vinton p,O. Bax 338 V>xtton, VA 24179 1]e~tr Gentlemen: the Members Use Agreement and I have received your letters of support for amending allowing the collection of commercial waste. Each of you have also the Authority s C.hart~ requested drat residential collection be included. amendments to each document Since the receipt of your letters the Authority has drafted mmercial and residential collection. 'T'hese amendments t of an f omme that include both co ve le al counsel for their review and comment. Upon rec p icy your respect's $ the documents and forward to yon far action. the Authority's attorney vvsll ~ sition to lace the Authority and the local governments in a p° The amendments will p Lion of the appraP~ate ordinances. proceed with the necessary public Bearings ar-d adap ' If you have any questions please Iet me know. Sincerely, ~ ~~ . john R, Hubbard, P.E. Chief Executive Officer SI~m~ RC~ANOI~ ~ 1020 Hoiiitts Road Ro~a1-r+ Virginia ?.012 (~~) 857.5050 Fax (S~0) 857-5056 hUJ- ~-G6 fiUE 1 ; 4 F~11 TO'u~'PI GF ~'IPITGPd / ~ ~ 1 FA`: PIG. ~cG+98~+f1R71 RpA1~1QKE VAL~E~ RE54tJRCE A[~'1~H0~~ Murk I4lian Will. General Co~tnael ~y 28, 1996 ~ ~~ 1_ {'*'• ~p ~' ~,. ~ ~ Wilburn C. pibliag, 7r., City Attorney r.~ 464 Municipal B'~u'o u°i 215 Church Avenue, S~V Roanoke, Virginia 24611-I~95 Buck Fleartwelt, Fsquue Vinton Town Attorney p. ~. ~~ ~a6 paleville, Virginia 240$3 pact Mahoney, County Attorney Roanoke County Attorney's C~~• P.O. Box 29804 Roanoke, Virginia 2401$ Re: Roanoke Valley Resource Authority, T7ear Gentlemea: Fallowing my last letter to you dated April 8, ].996, the, Roanoke "Valley Resource Authori Authoaty'~ has received conftrmatioa froth the City, County, and 'I`owa in support of ~ C e in the collection of commercial wasu. The chief administ~~ve authorizutg the Authority to ~~ rt far broadening the officers of der Charter Member Juri~ n of esi~denti~ as s~ ~s~ ~esciat waste Authority' 3 sowers to iriClude the coIlec authorized commencement ~ t to a t~hariu At its meeting of May ?.2,1996, the Authority necessary for amendmalt of the Authorxty's ~ ~~ was~temPle~ noAtc ~tlat this time, the the Authority's collection of commercial and reszd uirements Authority ~t~ds v~y ~ amend its organixitio~ documents in accordance with at this time with df the ~lVater and Sewer Authorities Act. The Auth°rity does ~ 1~~ d ~~ p ~ Iwhich must be met the other proeedtual requirements contained in section 1 ` dcra,sion b the Authority and the Charter Member 3urisdictions to have the Authority pnox to a y actually engage in or provide for collection activities. Roanoke Reglon~t Airport '1"nrminal Building ~~0: Aviation Drive Roanoke, Yirginla ZaOI~ (703) 362-1999 Fax [703) 563.387 nUG- Fi-9~i TUE 1:~~ FM T~WTI OF V1P~T~'TI F,~~.~; PdO. 5='f]+9~'?+(1,F~7,1 P 5 ~' May 28, 1996 page 2 coon 15.1-1250(0} of the Virguua Water and Sewcr Authorities Act ("Acx"}, Code of 5e mvid~s that the articles of incorporation or any authority Virgistia (1950), as amended, (Stipp.), p b following ~ P~ ma 6e amended with respect to the powers of such authority y Y 'I'hc procedure for creation of an authority is prescribed by law for the creation of the authority. bodies of the jurisdictions r„onraine~i in 35.11241 through 15.1-124? and calls for the governing s rice to of the appropriate ordinance, resolution, or agreement at lcasc 30 day p to publish a copy Q don of tCis ordinancx• Section 15.1-1247 of the Act also the date set for a public heariria on adop urisdictians may by subsequent ordinance or provides that the govemistg bodies of the organizing j tho Authority. resolution aftex public hearing s'Pcc~}' fvrth~ projects to be undertaken by In accordance with the foregoing, I have enclosed for your consideration and use as you sed P,rticles of q,n~~dment to the Authority's deem appropzia~ a daft resolution including propo 'cles of Inca radon and authorizisi$ aatendment of the Member Use Agreament. A draft Arts ~ Amendment to the Member Use Agreement is also enclosed. Please note that the enclosed draft Arciclcs of Amendment daunt refereuent findpi'.ngs by ~ section 15.1).250.01, and there is no finding by the Authority and subsea lion b the Roanoke valley Resource Authority of a sanitary landfill and jurisdictions that opera Y fie of . ~mmexc~al ~vlicction system and any related facs79.tie5 or contract for crc~heopderati~ pment ~ndlor any potential and-competitive effect, is important in order to pxov~de f P m of gazbage and re~ collection and disposal. As referenced earlier, operation of a s~egional sysie ese r uiremCnts must be considered if and when ~~ decision is made that the Authority sh Gq actually engage in or provide for ~oltection acttvities. FleasE let me know if you have nay comments or suggestions regarding the enclosed documents. V~'ith kindest personal regards, I am, Sincerely, pp - C~ a~ Mark Allan Williams General Counsel maw enclosures cc: Yo Hubbard, Chief F,uecudve Offiecr (wlenclosures) `~ embers, Roanoke Valley Resource Authority tiUG- ~-a~ SUE 1 ;fin P~~ TO'~~'I~[ 0~ ''1tdTOT[ FAQ: hl~. ~~~~+9R~,+flfi%1 P. F 17RAFi' RBS . FQR ,e,,R'I~CLES OF AN~NDNi~~'~' 4 Y ~- 5-23-96 PAGE 1 A RESO~u~orr AvT.~oRrza~o ART~c~s oi~ AT ~o r~ RoArro~ vALLBY RESOVxc~ Av~aRrs~ ~T; of ]NCORPORA'X'I4N AN7~ AN AMFNDMBN'r T4 '1"~ Ro O AUT130RI~ g~Q'{TRCE AU'pSORYTY MEMB~ USE AGE T~ A~p~Y TO ENGAGE IN 4R PROVIDE F E CC ANDIOR ];tESIl~E.NTZA~• GARBAGB AND R~FU ACTIVI'l'SE5 OR SERVYCF~.S. sons of Roanoke County, Yirgi~, ("County„}: the Cowaca] Whereas the Board of Supervi yu, of the Town of Yinton, Vugiaia {"Town', and the Cbunal of the City of Raanols~, cation of {"Gity'~ have deternuned that iS is in their best interests ~ goauohx Vsllce`y pesoux ~ uthority the Roanoks Valley ReSOUr~ Authorit;- (AuthontS''~) ~ Member Use mount to suthori~e the Authority to engage in or provide for commeraal andlor ursuant to the provisions of tl~c res;dential garba~c and refuse collection activities or services, p Y' ~ ~ Watex and Sewer Authotxties Act, chapter 28, Tit1c 15.1, Code of Yncginia (1950}, as rrgiaia amended, ("Ac.t"}; and, V~Thereas, the Ord of Supervisors oz Roanoloc County, Virgia'~, the Council of the Tawn and the Council of the City of Roanoke, Virginia, do by concurrent of Vinton, Virginia, resolutions provide for amendment of the Authority's Articles of ~co~° aad refuse ~ motion Authority to engage in or provide for cotnmercaai and/err residentxa3. garnag activities or services pursuant to the Act; and, has boon held in accordance with the requirements of the Act, Whereas, a public hearing including, without limitation, sections 15.1-1243, 15.1-1244, and 15.1-1250(0); and, Whereas, the Roanoke Valley Resource Authority has, by resolution, express xts consent to the aforesaid RmendrnelltS. NQW, 11~ERRFGRE, BE ~' SOLVED as follows: ofi"icial5 are authorized to execute and attest, in form approved by levai 1. The proper counsel, an amcndmcat to the 12oamoke Valley Resource Authon~ lox res~dendal arbago ar-d authorizing the Authority to engage m or provide for commercaal refuse coIlect'toa activities or sernces. orization of the Authority to engage iri or provide for commerdal~Cl~ 2. The auth t to the Act is hereby approved, and th is rESideatial collection activities or services pussuan . '~ ,~icadlnent of the RaanoYe Va11ey Resource AuthoriCy sets forth and spectf~~ ~ additional of ;BUG- F-~~ TUE 1 ; 45 PM TOU~'TI ~~F VIPdT~P[ FAQ; PIO. 5~~+qq~+(lE?1 P. 7 .. DRAFT RFS. FaR ARTICLES OF ,~,ND1v~NT ~~ ~ 523-9b PAGE 2 authority. 3. 'I`he Articles of Azncndment of the Roanoke va]lcy Resource Authority zre as fcilvws: The Board of Super~-isors of Roanoke County, the Town Council of tho Town of Vinton, and the Council of the City of Roanoke have by concurrent resolutior- adopted the following amendmenu to the AYticics of Incorporddn~ of the Roanoke County Resourca Authority of vu pursuant ~ ~~ vup~ma Wator and Sewer AuthoritiGS Act {chapter 28, Title 15.1, 1g~0 code of v~rginia, as amended) ("A~t") T. The Articles of Yneorporation shall be amended by striking out ARTICLE I and substituting the following: The name of the Authority shall be the Roanoke Valley Resource Authority and the address . ,. ~ " ' ~ ~" ~ Roanoke, V~rgixua of its princ~l office is , zd~e3~=~t9'g• II. ARTICLE II of the Articles of ~~rporation shall continue to read as fallows~ The names of the incorporating political subdivisions are the County of Roanoke, virgiriia; the City of Roanoke, Virginia; and the Town of V"ztiton, 'Virginia. The County of Roanoke, the City of Itoanake, and the Town of Vinton, as the incorporating political subdivisions, hereby acknowledge, covenant, and agree that these Articles of Incorporation shall riot be further auiendcd or chanced withotrt the express agreement Of each Of the govenung bodies of riUG- h-9n TUE 1:~~ FM i0'~t~~`! ~F UINTOF[ ~RAFr Res. Foy ACL>:s of A' s-z~-9~ PAGE 3 tech of the incorpcsatiz~8 PoliticaX subdivisions. FA}~ FIB'). F~~~,+~~,~+~~~1 P. Neither of the following notions shad be taken or pernuttccl w occur by the Aud1°rih' without the consent of the City of Roanoke and the County of Roanoke as expressed by the affirmative vote of all City and County representatives on the Authority: (1) Any change in the terms or conditions of design or operative of the Transfer Station located in the City of Roanoke as set forth xn the Solid Waste Transfer Facility Design Critrrid, dated March 19, 1991, and the Solid Waste Transfer Facility Operating Critezia, dated May 21, 1991, as approved by the Roanoke City Pia~sriing C.ammission on Tune S, 1991, and the Part A and Pant B applications for the Transfer Station as approved by the Comrnoawcalth of Virginia, or any expansion or modif cation thereof or use by any persons or entitzes other than City, County, or Town; (2) Any change in the terms and conditions of the design or operative of the Landfill located in Roanoke County as set forth iri the spaniel use permit and the Landfill rermit Conditions and Operating Polices, Action 62789-10 and Resalutian 62789-I2, each dated Tune 27, 1989, and the Part A and Past $ applications far the Landfill as approved by the Commonwealth of Virginia. Since the Landfill and Transfer Station are scarce and valuable resources, and because the incorporating political subdivisions have a commcm interest in insuring that the Landfill is utilized in the best possible and most efficient manner, the incorporating political subdivisions agree that Authority membersYxip and operation and use and operation of the Trattsfea Station and T,andfill shall lx governed by the teens and conditions of the Roanoke Valley 12esoutre Authority Members BUG- F-~~ SUE 1 ;4~~ FPS T~~~WI'[ OF '~rI1~T01'd FA;'. PIS. 5~~1+~~?+~~~i P. q JaRAF'I' RES. FQR AitTICS.ES OF AN~IDMENT 5-23-5~6 '~ PAGE 4 Use Agrccrncat ("Use Agreement") dated October ~, 1991. IQ. The Articles of Yacbiporat~on shall be azneaded by sttilartg out ARTICLE ~ and substituting the folloaring: The names, addresses, and tezms of a:fico of the members of the Board of the Roanoke Valley Resource Authority ("Authority"} are as follows: i. Diane Hyatt 2. B. Clayton Goodman, III 3. Kit B. Kiser 4. 8ittle W. Porterfield, ~ 5. ~Villizm J. Rand, TII 6. Allan C. Robinson, 3r. ?. Katherine Schefslry The tein~s of offitx of each of the members shall become cfr'cctiya on tha date of issuance of a certificate of joinder for the Authority by the State Corporat~..on Commission in aecordamce with the provisions of Section 15.1-1248 of the Act. The governing body of each partiapating political subdivision shall. appoint the number of members, ve-ho stay be mea~.bers of the governing body, set forth opposite its name below; County of Roanoke -four city of Roanoke -two niJ~- F-gF TUE ? , 4? Fh4 T~~~l~'PI OF ~'I~Im~Id FAQ: 'a~. 5~~+~y~~?+~F)? F. ' ~! bRAF~' RI:S. FAR ARTICLES OT ANIIrNDMENT ,~~ 5-23-96 PAGE S Town of Vinton - ooe It being the intention of these Artieles that the governing body of the Cevaty of Roanoke shall always appoint a majority of the members, whenover an additianak political subdivision shall join the Authority, such governing body shall be entitled to appoint. one or more additional members in order to maintain such majority. Initially, the governing body of the County of Roanoke shall appoint one member for a four-year` term, one member for athree-year tetzu, and two members for atwo-year term. Initially, the govexaing body of the City of Roanoke shall appoint one member for a four-year term and one member for athree-year term, XnitialtY> the Soves~aing body of the Town, of Vinton shall appoint one member for afour-year tezm. After the initial terms, each m*.mbes shall be appointed for afoul-year term or until his successor zs appointed and qualified. Any additional members appointed by the Cownty of Roanoke to maintain its majority pursuant to the foregoing paragraph shall also be appointed far four-yeaz .terms. The governing body of r~cii political subdivision shall be empowered tQ remove at any time, without cause, any member appointed by it and appoint a successor member to f~l the une,cpared portion of thr removed member's'terrn. Each member may be reimbursed by the Authority for the a,rridLest of actual expens~.s incune~d by him in the performance of his duties. iV. The Articles of Incorporation shall be amended by striking ,out ARTICLE TV and substituting the following: The purpose for which the Authority is to be formed is to exercise all the powcis granted to the Authority to acquire, finance, construct, operate, mana8o and maintain a garbage and xefuse riUG F-q"'. 11.,~ ~ ~4~ F~ m~y~fl'~ ~~~ V11Yl~ii ~tl~'. ~lll. ~l~~+q~l.'~~~/~ P. ~~ bRAFT RES. FqR AR'1~CLES OF AMENT7N~N'T 5-23-95 PAGE b eolle~on and disposal system and related facilities pursuant to tho Act. For purposes of these Ardeles, and any eantracts or documents entered into an behalf of Authority, °garbage and refuse co~ection and disposal system and related facilities" sha]1 mean collection and disposal of garbage and refuse tit and tkrough 3 transfer facslity awned and olxrated by the Authority and the associated landfill ar disposal operations ~ ~ ~~ :,to engage in or provide for i~rdividttal residential ' ~~ collection activities or services. The Authority shall contract with the County of Roanoke, the City of l~oanol~e, and the Town of Vinton to fumi3h garbage and refuse ~n and disposal services upon identical tams and conditions including the same schedule N ~~J `~~-, ~ r " rates fees and charges of all types which shall be uniformly applicable to sue ~} ' ~, ~"~ ,~ ~ ~~ subdivisions. Sub'eot to the forms of the "Use Agxeement, the Authority may contract -~~`~~~~ 1 t+~ poiitiral subdivisions to furnish garbage asrd trash disposal services upon such terms anc as the Authority shall determine. The Authority may contract to make host locality payments to Roa~aolce County and Roaaake City to compensate the County and Cny in considciation of location of fa~,ries within their comtntitiities. It iS r10t piactlcai?1e t+o set forth herein information regarding pretinvziary estimates of capital casts, proposals for specific projects to be undertaken, or initial rates for the proposed projects. V. ,4R'I'ICY.E V of the Ardcl+rs of Itacorporadan shall ovntinue to read as follows: The Authority shall serve the County of Roanoke, the Ciry af~ ttoanoke, the Town of Vinton and, to the extent petrnitted by the Act and by the teams of these Amcles and the ~Tse Agreement, such nt~~er public ar private entities as the Authority may dcternvne upon the teams BUG- F-9~ TUE ? ; ~fi FMS Tv~WP~i 0~ VINTOrI F~,~ P~~~~. 5~~+a~~+~~~1 F. 1 DRAFT RRS. FOR ARTICLES OF AA~NDMEN'r ~~ 5-23-9b PAGE 7 and conditions established pursuant to sack contracts. VI. ARTICLE VI of the Articles of Incorporation shall continue to read as follows: The Authority shall cause an annual audit of iu books and rccsrds to be made by the State Auditor of Public Aceotmts or by an independent certified public accountant at the and of each fiscal year and a certified copy thezeof to be filed promptly with the govesnina body of each of the incorporating politis~l subdivisions. 4. A copy of the Roanoke Valley Rasource Authority Members Use A~errnent is availably for inspection in the Offic;a of the Town Manager, Vinton Municipal Building, Office of the Cferk to the Board, Administration Centex, and Office of the City Clexk, Room 456, Muttiapal Building. ., S. This resolution shall take effect immediately upon its adoption. c:~wrsi~ra rs~a-tv~raiu~,P.nP,,o~ncias.~um 4LTG- ~-9F TiJE . ; ~9 Pb4 fiO~~J~f OF Vi~I1.'C~ r~ 1~RAFT AMENDMENT TO USE AGREEI~~N'r s-z~-~s _ ~'' PAGE 1 SECOND AD+~NDMEN'1' TO ROANO~E VA~.I.EY RESOURCE AUTHORITY MEA~ERS USE AGRk~IrgN'l' P. 1 TES SECOND AMENDMENT TO RaAN4KE VALLEY' RESOURCE AUTSORI't'Y HERS 'USE A (the "Second Amendment°.) is made as of ~ X996, by and among the ROANdKE VALLEY RESOURCE AU'I'SORJ~TTY, as sucx~sar to the Roanoke Caunty Resource Authority (the "Autho~ty"), the COL3NTY OF RUANOICE, YIItGINL4 (the "County"), the CITY QF RQANOI~E, V~tGINIA (tht "City") and the TOWN OF VIlJ'I`ON, VIRGII~IA (the "Towrx"); each of which are palitic~l subdivisions of the Commonwealth of 'Virginia. ~crrnLs WF~EREAS, the parties hereto entered into the Roanoke Valley Resource Authority Members Use Aareernent dated Oc:toUar 23, 1991, as amended by First Arnenciment dated as of Jana 1, 1.992, (the "Members Use Agreement") under which the Authority agreed to acquirC, ccrostrua and equip a regional waste disposal system consisting of a landfill and transfer station and related structures and c~uipmcnt (thc "System"), and to provide finananp therefor in order to dispose of all nonhazardous solid waste dalivered to the System by or on bch~lf of the County, the City and the Towns (collectively, the "Charter Members"). SEAS, the Authority and the county, City, and Town desire to amend the Members Use Agteemestt to permit the Authority to engage in of provide for commexcisl and/or residential garbage and refuse collection activities ar services. AUG- 5-GF TUE 1:4~ PtU4 TO'NPI OF V1P~dTOri FAQ: I~IO. 5~(1+Q~'i+f1F71 F. 14 ,' DRAF'!' A,MENI~MMEN'r TO USE AGREEMENT ~ 523-96 PAGE 2 NQW, 1~REFORE, in cansideaation of the foregoing, the Authority and the County, City, and Town, covenant and agree as follows: 1.17efin;hinn~a. 'X'he Capitalizs~d terms in this Second Amendment have the meanings given to them iA the Members Use Agreement unless otherwise defined. 2, Section 2.2 of the Members Use Agreement is hereby amended by strildag out current Section 2.2 in its entirety and substituting the following: Secdan 2.2 Apglis~ilit~; er~+~++ menu. The Authority and t~sers covenant and ague that except as stated herein the terms, conditions and requirements cantair~.ed in this Agreement shoo apply equally to each C:hazter Meanbes User and fantha egver~at and agree that this Agreement, the Articles of Incarporadon, and Bylaws, shall not be amended ar changed in any way without the consent of Authority and the consent of the governing body of each Charter Member Usrx. 'The panes hereto fury coventu+t and agree that the Authority shall engage in the collection and disposal of garbage and refuse at and through the Facility or other transfer facilities owned and operamd by~the Authority, and that tha Authvrlry shalt be authorized to engage in or provide for commercial and/or residential garbage and refuse collection activities or services. 3. rotmterpanc. 'This Second Amendment may be executed in arty number of counterparts, each of which, whrr- sa executed and delivered, will bt an original, and the catintcrparts taken together will constitute one and the same instrument. 4, , ~.xcept as expressly amended in this Second Amer~dmant, all terms and provisions of the Members Use AFreemelit, as amended, shall remain in full, force and effect. r~JG- ~~-G'n T?r 1 ;~C~ PN? fiG`~~11~I ~~P ~'1?1TOPI P. 15 ° DRAT A~M"r.NDMENT TO USE AGREEII~N'I` ~ . 5-23-96 FAGS 3 . ~ IN V~diT'NFSS W~REQF, the parties have caused tkus Second Amendmel~t to be ezccutc+~ as of the date above written. ~ . ° ROANO~E VALLEY RS'SOURCE AUT~4RITY ATTEST: $y: Title: ~y: Title: - - Date: COUNTY OF RUANUK.E, VIIZGINrA ATI~ST: By: ~ . Title: ~y: .. Title: Date: + CITY OF ROANOX~E, ~G~A A'I"X'E.ST: By: Title: ay: 'Title: .. . Date: TOWN OF yINY`O1~T, VI~2GINIA ATTEST: By: Title: ~y: Title: bate: BUG- ~-9h SUE 1.51 P1vI T~~WI~ OF ~']NT01~I FAQ: TIO. 5~(1+~fi~;+~~?1 P. 15 ROANOKE VALLEY RESOURCE AUTHORITY Apri19, 1996 B. Clayton Goodman, III, Town Manager Town of Vinton P.O. Box 338 Vinton, VA 24179 W. Robert Herbert, City Manager City of Roanoke 215 Church Avenue Roanoke, vA 340i 1 Elmer C. Hedge, County Adminisorator County of Roanoke P.U. liox 1y8Q0 Roanoke, VA 24018 Re: ci W Dear Gentlame~a: As you know, pursuant to its organixing documents, the Roanoke Valley Resource Authority ("AuthorityA) accepts solid waste far disposal but is not pCruiiurxi co engage iu collection activities. C~.irrently, residential waste is collected by the Authority's Charter Member jurisdictions. Commercial waste is collected by private haulers. Commercial waste eonstiurtes over 50°l0 of the Authority's total waste flow and accounts for more than half of the Authority's xevennes. The revenue from commercial waste collected by private Haulers and disposed Uf at Authority facilities is critical w the Authority's finaz,ces and helps secure payment of the revenue bonds issued by the Authority in 1992 to finance constriction of the Transfer Station and the Smith Gap T.andfill. Aver the past few years, the Authority has kept the jurisdictions informed•of the gossibility that one or more private haulers could divert the flow of commcroial waste by transgortiag and disposing of the waste ac private landfills located outside the Roanoke Valley. The Authority has identified possible methods of addressing the diversion threat, including support for federal legislation. to authorize local gavernmeut~ to control the flow of local waste. As you are aware, ~Cecent state and federal court cases have severely restricted flow control a11d the United States Congress is nit likely to act on authorizing legislation fa the near future. 1ga0 Hollins Road Roanoke, Yirglniu Z4QlZ (540) gS7.50S0 Fax (540) $57-508 ~L~G- ~-~~ TUE 1 ; ~? PM TOWP~I OF ~'I~iTC~~i FAQ: l~C. ~z~+q~~+(1F21 P..1 P iQC,~ w.. v Ro~vo~ va~Y ~so~cE ~u~o~ Mark Allan W:iliams. General Counsai April $,1996 Wilburn G. D~liag, 3r., City Attorney 464 Mucucipal Building 215 Church Avenue, SW Roanoke, Virginia 24011-1595 Buck Heat#well, Esquire Vinton Town Attorney P. O. Box 2U6 Daleville, Virginia 24i7g3 1'au1 Mahoney, County Attorney Roanoke County Attorney's Ofnce P.O. Box 29800 Roanoke, Vu~inia 2~OI8 Re: Dear Gentlemen: As yoei may be aware, 7ohiY ~Tubbard, C.B.O. of the Raaaolce Valley Resource Authority {"Authority") has been authorized on behalf of the Authority to request the Charter Member jurisdictions to amend the Authority's organizatiorlai documents to authorize and permit thG Authority, if necessazy, to engage in or provide fcr commercial garbage and reuse collection. As you know, pursuant tq its~organ~ing documents, the Authariry ac;~pts solid waste for disposal bat is not permitted to engage in collection activities. Para~h 4 of the Authority's amended Articles of Incorporation and Section 2.2 of the October 23, 1991, Members Use Agreement specifically prohibzt the Authority from provicti~~g for or cngagixlg in individual residential or business collection activities or services. Currently, residential wash is colXextcd by the Authority's Charts: Mennb~er jurisdictions. Commercial waste is collected by private haulers. Commercial waste constitutes aver SO ~ of the Authority's tatai waste flow and accounts for more than half of the Authority's revenues, The revenue from commercial waste collected by private haulers and disposed of at Authority facilities is critical to the Authority's finances and helps secure payment of the revenue bonds issued by the Authority in 1992 to Snance construc~on of the Transfer Station and the Smith Qap I.ar-dfill. Roanoke Regioaai Airport Termiasl Building 5242 Aviation Drive Roanoke, Virainis Z402Z (703) 362.1999 Fax (703) 563-535 FUG- Fi-95 TUE 1.51 PM TQWP[ GF Vir~TOT[ F~,~: P[~~. 5~5+~~~+f?5~1 P. 1? B . Clayton Coodrnan. III. Town Manager W. Robert Serbert, City Manager Eimer C. Hodge, County AcLuini~strator Aprfl 8, 1996 }>age 2 To dam, the Authority's disposal fees and the actual amoumi of solid waste received by the Authority for disgosal have rema.iaed yell within bond projections. Recent devGlop~uents, however, have caused new concern that one nr more private maulers might divert the commercial waste that tltcey coIlect. Such a diversion of the comnurcisl waste flow could sigaifieandy impair the Authority's ability to meet rt4 obli~tioas under thG rCVCUUe bonds and could have a direct financial impact oa the Charter Member jurisdictions. If diversion does occur, one pvssiUte avenue for the jurisdictions aadlor the Authority would be to provide for the collection of cotrrmezcisi. refuse. The Authority believes that it would be ptvdcnt for the jurisdictions aadlor the Authority to be prepared 'to consider entry into the market of providing collation srrvicc for commercial waste. This service could cnmpete directly with the private collection companies. Tlicreforc, the Authority has authorized rae to request that the Charter Member jurisdictions approve amendments to the Authoriyyo en awe in or proMdC furrjndividual business permit and authorize the Authority, if necessary, g 8 and commercial garbage sand refuse collection. A draft resoludw ll ~ a raPo~o~Ardcto the Amendm,eent to the Authority's Articles of Incorporation, as Member Use Agreement are enclosed fez year review, Yo e ~ ~ can be completed. certain procedural requirements chat must be met before these am On behalf of the Authority, we sinccrciy agpreciate your conaidcratioa of this matter. I would be pleased t4 discuss this matter with you aadlar members of your governing body at your earliest com~enieace. Sincerely, ~~ 7ohm R. bbard,P.E. Chief Extcutive Officer jrh enclosures cc: Members, Roanoke Valley Resource Authority Mark Allan Williams, General Cotmsel BUJ- 5-9F, TUE 1 ; ~~ Piwi T~'JJP~4 C~F ~'I1dTC~M FAQ: PIO. 5~fl+q~~+fl~~l P. 19 Wilburn G, Dibling,lr., City Attorney ~ .. Apn7. $, 1996 page 2 Aver the grit few years, the Autttozzty has kept the jurisdictions informed of the possibility that one or iaore private haulers could divert the flow of commercial waste that they collect by transporting and disposing of the waste at private Iandfdls located outside the Roanvlor Valley. The Auttiority has identifed possible me:hods of addressing the diversion ~fucat, including sugpart for federal legislation to authorize Ioca1 governments to control the flow of Local waste. As you are aware, recent state and federal court cases have called the legality of regulatory Aow control into question. R is our unders'tatiding that the United Stites Congress is not likely to act on authorizing Legislation in the near future. To date, the Authority's disao6ai fees and the actual aatount of solid waste raexved by the Authvdty fvz disposal have remained well within bond projections. ltaz<ut developrments, however, have caused new concern brat one or more private haulers might divert the commercial waste that they Guiloz:t Such a diversion of the commercial. waste flow could significantly impair the Authority's ability to inert its obli,~ativns under the revenue bonds and could have a direct fistancial impact on the Charter Member jurisdictions. If diversion does occur, one possible avenue for the jurisdictions andlar the Au wou d would be m provide for the collection of cotnmereial refuse. The Authority behevts that it be prudent for the jurisdictions and/or the Authority to be prepared to consider entry into the marIoet of providing collection se; vice fvr commercial. waste. 'This service could compete directly with the private collection companies. Therefore, by letter of this date to the Chief Administrative Offlce~s of the Charter Member Jurisdictions, lvir. ~iubbard Is requesting that the jurisdictions authorize amendment of the Authority's org-anizatiortal documents to permit the Authority to engage iu or provide far commercial pollection. The Authority would not actually engage in or provide for cosnrnercial collection unless deemed nexxssary, and, if then, only upon terms and conditions approved by the jurisdictions' representatives an the Authvnty. Section 15.1-1250(ii) of the V' a~rQiaia. Water and Sewer Authoririrs Act ("Act's, Cody of Virginia (1950), as amended, (5upp.), provsdes that the articles of incorporation of any authority may be amended with respect to the powezs of such authority by following the procedure prescribed by law for the creation of the authority. The procedure for creation of an authority is cotttaincd in 15.1-1241 through 15.1.1247 and calls for the governing bodies of~ the jurisdictions to publish a copy of the appropriate ordinance, s'esoiution, or agrccnteat at least 30 days prior to the date set for a public hearing nn adoption df the ordinance. Section 15. i-1247 of the Act also pies that the governing bodies of the organizing jurisdictions ~y by subsequent ordinance ar ~ resolution after public hearing specif')- furthCr prejccts to be undertaken by the Authority. n[rG- r_`~G TUE ? ;5? PI4~ TC~'I~i ~F `r1P~T0I~I ~A~; IiC. 5!(1+',~Ri+1~Fi21 P. ?fl ~'~~ Wilburn C. Dibling, 7r., City Attorney April 8, 1996 gage 3 As you also recall, me vir~inia aenesai Assembly edopced ceruizn legislation in 1945 to protect private haulers from °displacement" by action of local governments. Sass ~~ 15.1-28.04, & 15.1-28.1 Code of Virginia (1950), as amended (Supp•)• You should also be awaze mat section 15.1-12$0.01 (Sapp.) of the Act Wray also impose certain additinnal procedural requirements on the jurisdictions as well as the Authority prior :o the actual operation of a garbage and refuse collection system for a political subdivision. These requirements include notice and public hearing with at least 43 days separate wzitten notice to all private collection and disposal eompaaies in the jurisdiction, and at least one or more statutorily required futdings by the Authority aad subsequent finding(s) by the participating governing body. I have enclosed far your consideration and use as you dcem appropriate: (i) a draft resolution including proposed Articles of AmeadmeVit to tlic A,uthority'9 Articles of IACOrporation; mod, (ii) a draft Amendment to the Member Use Anent. Changes to the most recent Articles of Amendment aze shown in redline and strikeout. Phase note that these draft Articles of Amendme.~t reference compliance with ~,tion 15.I-1250.{il, iricludisig a finding by the Authority and subsequent findings by the jurisdictions that operation by the Roanoke Valley Resource Authority of a sanitary landfiiil anti commercial collection system and any relatesi facilities or contract for Such operation, ici spite of nay potential asiti re Oral sestem~Of garbagee and refuse to provide for the development 2nd/ar operation of a g1. y collection and disposal. S~:iion 15.1-1250.01 (S~nsp.} also includes language prohibitzna "displacement° of private hauling companies. 'This legislation protects private haulers from a loss of revenue resulting from governmcatal action in the market. The definition of "displacement", however, includes language to the effect that displacement does not mean competition between the public and private sector fax individual contracts. I am unaware of any hagation yet testing the application or interpretation of these rccontly enacted prouisions. ~ina]ly, as noted, the legality of regulatory flow control has been questioned ion light of 14 decision by the United S tares Supreme Court is f -- "- S. Ct+ 1677 (1994). Ne~rerthe3ess, several recent federal circuit court decisions have uphe?d the use of a deferent structure for the collct%tiun and disposal of waste under Commerce Clause analysis. Undrr this structure, the local Aovemment collects an availability fee or assessment from prop ~ owners and, usin; these funds, acts as a mazket participant by competitive) ~~~ refuse ~ the collection service, rrquising the successful b1dder to dispose of the eolle designated disposal facility. I have enclosed for your information an dam' at dais on on this method case. As noted in the article, the Supreme Court hag yet to rexidcr a of collectivIi and disposal of waste. . ~ ~~~G- F-9F TUE 1 .F~t PM TOWP[ OF U1NT~Id FAQ: PIC. ~irfl+9~~+(1F~1 P. ?1 ~. .~ Wilburn C. l~iblirig, 7r., City Attorney April S, 1495 page 4 Please let me know if you wish to discuss thcse issur~ ar iF I may be of assistance in this matter. with ldadest personal regards, I am, Sincezety, /~''''" Mark A1t~rY Williams Gene.~al Counsel IIIdW enclosures cc: Joha.~Iubbard, C~hief.Execudve Qffices (wlenclosures) AUG-06-199E: 14.17 ~~ CITY CLERK'S OFFICE ~oAZVo~ v~,LEY 703 224 3145 P. 04 ~;PR . ~ 1996 vJN~a~ai~er'S Cif#ic~, Apri18, 1996 B. Clayton Goodman, III, Town of Vinton P.O. Box 338 Vinton, VA 24179 Town Manager W. Robert Herbert, City Manager City of Roanoke 215 Church Avenue Roanoke, VA 24011 Elmer C. Hodge, Couray Administrator County of Roanoke P.O. Boa 29800 Roanoke, VA 24018 Re: Diversion of Comrt,~+91 W ate bear Gentlemen: As you know, pursuant to its organizing documents, the Roanoke 'Valley Resource Authority ("Authority") accepts solid waste for disposal but i$ not permitted to engage in collection activities. Currently, residential waste is collected by the Authority's Charter Member jurisdictions. Commercial wasu is collected by private haulers. Commercial waste cot~atutes over 5096 of the Authority's total waste flow and accounts for more than half of the Authority's revenues. '1'l~ revenue from commrarcial waste collected by private haulers and disposed of at Authority facilities is critical to the Authority's finances and helps secure pty~ of the revue bonds issued by the Authority in 1992 to finance construction of the Transfer Station and the Smith Gap Landfill. Over the past feew years, the Authority has kept tlxe.puisdicdom informed of the possibility that once or more private haulers could divert the flow of commercial wasu by transporting and disposing of the waste at private landfills located outside the Roasyoke Valley. The Authority has identiffed possible u~ethoda of addressing the diversion thrtat, including support for federal legislation to authorize local goverAmetuts to contml the flow of local wasta. As you ,are aware, recent state and federal court cases have severely restricted Bow control and the United States Congress is not likely to act oo authorizing iegislatioa in the tsar future. 1020 Hailias Road Raauoke. Vir~his Z401Z (540) 857.5050 Fax (540) 557-5056 AUG-06-1996 14 18 CITY CLERK'S GFFICE '763 224 3145 P. 05 B. Clayton Goodrasa,, III, Town Manager W . Robert I~erbert, City Manager Elmer C. Y;odge, County Administrator April 8. 1996 Page 2 To date, the Authority's disposal fees and the actual amoutu of sand waste received by the Authority for disposal have remained well within bond projections. Recent developments, however, have caused nevv concern that one ar more private haulers might divert the commercial waste that they collect. Such a diversion of the commercial waste flow could significantly impair the Authority's ability to meet its obligations under the revenue bonds and could have a direct finarrciat impact on the Charter Member jurisdictions. If diversion does occur, one possible avenue for 'the jurisdutions andloc the Authority would be to provide for Ilse collection of commercial refuse. The Authority believes that it would be prudent for the jurisdictions and/or the Authority to be prepared to consider entry into the market of providing coAoetion service for commercial waste. Tb~is service could compete directly with the private collection companies. . Therefore, tt~ Authority has authorized me tQ tbst the Charter Meatber jurisdictions ap~ove auretydme~ to the Authority's Charter and the Member Una Agreement co permit and au~ori~u tht Authority. if noee~ary, to awe in or provide for individwl business and +cia1 a~ rem collection. A draft reaoi~on inctud3ng proposed Articles of Amendment tQ the Authority's Articles of Incorporation, as well ss a drafk Amendment to the Member Use Agreement are enclosed for your review. You should be aware that there are certain procedural requirements that must be mei before these amendments can be completed. On behalf of the Authority, we sincerely appreciate your consideration of this matter. I would be piwsed tp discuss this matter with you and/or members of your governing body at your earliest convtnience. Sincerely, .~ John R. ubbard, P.E. Chief Executive Officer jrh enclosures cc: Members, Roanoke Valley Resource Authority Mark Altar Williams, General Counsel AUG-06-1996 14 19 CITY CLERK'S OFFICE 703 224 3145 P.06 ROANOI~ VALLEY RESOURCE AUTHORft'Y June 21, 1996 Mr. Bob Herbert, City Manager City of Roanoke 215 Church Avenue 24011 Roanoke, VA 24011 Mr. B. Clayton Town Manager, P.O. Boa 338 Mr. Elmer Hodge, County Administrator County of Roanoke 5204.Bernard Drive Roanoke, VA 24018 Goodman, III Town of Vinton Vinton, YA 24179 Dear Gentlemen: 1 have received your letters of support for amending the Members Use Agreement and the Authority's Charter allowing the collection of commercial waste. Each of you have also requested that residential collection be includai. $incx the receipt of your letters the Authority has drafted amendments to each document that include both commercial and residential collection. These amendments have been forwarded to your respective legal cowtsel for their review and comment. Upon receipt of any comments the Authority's attorney will finalize the documents and forward to you for action. 'The amendments will place the Authority and the local governments in a position to procood with the necessary public hearings and adoption of the appropriate ordinances. If you have aay questions please let me know. JRHlmej Sincerely, John R. ubbard, P.E. Chief Executive Officer 1020 Hoilim Rood Ra~snofce, VirgipiA 24012 (540) 857•SOSO Fax (540) 857-5856 AUG-06-1996 14 19 CITY CLERK'S OFFICE DRAFT RFS. FOR ARTYCLFrS OF AluIENDMENT 5-23-96 PAGE 1 703 224 3145 P.~7 A RESOLUTION AUTSORIZIl~TG ARTICLES OF AIVSENDMEN'T TO TFIE ROANOKE VALLEY RESOURCE AUTHORITY ARTICLES OF INCORPORATION AND AN AMENDMENT TO Tim ROANOI~E VALLEY RESOURCE AU'I'T~ORTTY MEMBERS USE AGR~ TO AUTHORIZE THE AUTHORITY TO ENGAGE IN OR PROVIDE FOR COMMERCIAL AND/OR RESIDF.N1'IAL GAREAGE AND REFUSE COLLECTION ACTMTIES OR SERVICES. Whereas the Board of Supervisors of Roanol~e County, Virginia, ("County"), the Council of the Town of Vintoa, Virginia ("Town', and the Council of the City of Roanoke, Virginia, ("City"} have determined that it is in their best int,~ts to amend the Articles of Incorporation of the Roaaolae Valley Resource Authority ("Authority's and the Roanoke Valley Resourcx Authority Member Use Agreement to authorize the Authority to engage in or provide for commercial and/or z~esidential garbage and refuse collection activities or services, pursuant to the provisions of the Virginia Water and Sewer Authorities Aa, Chapter 28, T'itte 15.1, Coda of Virginia (1950}, as amended, ("Acts; and, VVhetzas, the Board of Supervisors of Roanolae County, V~t'ginia, the Councii of the Town of Vinton, Virginia, and the Council of the City of Roanoke, Virginia, do by concurrent resolutions provide for amendment of the Authority's Articles of Incorporation to authorize the Authority to engage in or provide for cpaimenaal and/or resida~tial garbage and refuse collection activities or services pursuant do the Act; and, VVheceaa, a public hearing has been held in accordancx with the requirements of the Act, including, without limitation, sections I3.I-1243, 15.1-1244, and IS.1-1ZS0(o); and, Wheree~, thz R,ognolaa Valley Resource Authority has, by resolution, expressed its consent to the aforesaid ammdmenta. NOVit, TORE, BE TT RESOLVED as follows: 1. The proper oftTieials are authorized to exocute and attest, in form approved by legal counsel, an amendment to the Roanoke Valley Resourcx Authority Members Use Agreement authorizing the Authority tp engage in or provide for commercial and/or residential garbage and refuse collection activities or services. 2. ?he authoriudon of the Authority to engage isi or provide for commercial and/or residential collection activities or services pursuant to dx Act is hereby approved, and the Articles of Amendment of the Roanoke Valley Resourcx Authority sets forth and specifies this additional AUG-06-1996 14~2G CITY CLERK'S CIFFICE 7G3 224 3145 P.v~B DRAFT RES. FOR ARTICLES 4F AMENDMENT 5-23-96 PAGE 2 authority. 3. The Articles of Amatdment of the Roanoke Valley Resourcx Authority are as follows: 'T'he Board of Suparvisvrs of Roanoke County, the Town Cauacil of the Town of Vinton, and the Council of the City of Roanoke have by cancurr+ent resolution adopted the following amendments to the Articles of Incorporation of the Roanoke County Resource Authority of Virginia, pursuant to the Virginia Water and Sewer Authorities Act {chapter 2$, Title 15.1, 1950 Code of Virginia, as am~ded) ("Act") I. The Articles of Incorporation shalt be amended by striking out ARTICLE I and. substituting the following: The name of the Authority shah be the Roanoloe Valley Resourcx Authority and tha address of its prindpai oboe is , ~ ~ Roanoke, Virginia II. ARTICLE I~ of flea Arn:cles of Incorporation shall continue to read as follows: 'The names of the incorporating political subdivions are the County of Roanoke, Virginia; the City of Roanoke, VuEinia; and the Town of Vinton, Vuginia. The County of Roanoke, the City of Roanoloe, and the Town of Vinton, as the incorporating politico subdivisions, Nearby acknowledge, cavonant, and agree that these Articles of Incorporation shall not be fiu~ther amended or changed without the express agreement of each of the governing bodies of AUG-06-1996 1421 CITY CLERK'S OFFICE 'Ib.i ~~4 ,3147 r. u7 DRAFF RES. FOR ARTICLES OF AMENDMfiNT 5-23.96 PAGE 3 each of the incorporating pplitical subdivisions. Neither of the following actions shall be taken or permitted to occur by the Authority without the consent of the City of Roanoke and the County of Roanoke as expressed by the affirmative vote of all City and County representatives on the Authority: (1) Any change in the terms or conditions of design ar oparadoa of the Transfer Station located in the City of Roanoke as set forth in the Solid Waste Transfer Facility Design Criteria, dated March 19, 1991, and the Solid Waste Transfer Facility Operating Criteria, dated May 21, 1991, as approved by the Roanoke Ciry P1anaing Commission on June 5, 1991, and the Part A and Part S applications far the Transfer Station as approved by the Commonwealth of V'irg'inia, or any expansion or modification thereof or use by any persons or entities other than City, County, or Town; (2) Any change in the forms and canditions of the design ar operation of the Landfill located in Roanoke County as s~ forth in the special uae permit and the Landfill Permit Conditions and Operating Policies, Action 62789-10 and Resolution b27$9-12, each dated Juna 27, 1989, and the Part A and Pant $ applications for the Landfill as approved by the Commonwealtbrof Virginia. Since the I~Sll and T'r~asfet Station are scarce and valuable resouraas, and because the inoorporating political ~ have a ootnmon interest in insuring that the Landfill is utilized in the best possible and mast efRcieat manner, the incorporating political subdivisions agree that Authority membership and operation and use and operation of the Transfer Station and Landfill shall be gavernedd by the terms and oaiditions of the Raanalaa Valley R~esoutce Authority Members AUG-06-1996 14 21 CITY CLERK'S OFFICE DRAFT RES. FOR ARTICLES OF AMENDMENT 5-23-96 PAGE 4 Use Agreement {"Use Agreement") dated October 23, 1991. 703 224 3145 P. 10 III. The Articles of Incorporation shall be amended by striking out ARTICLE lYI and substituting tha following; The names, addresses, and terms of offsce of the members of the Board of the ktoaaoke Valley Resource Authority {"Authority") arc as follows: ~~ I. Diane xyatt 2. B. Clayton Goodman, III 3. Kit B. Kiser 4. Kittle W. Porterfield, III S. William J. Rar'~d, III 6. Allan C. Robinson, Jr. 7. Katherine Schefaky The teTr113 of ofl7i0e df each Of the manbera Shall become effective on the date of i~c~ianr~ of a certificate e~jgindez fas' the Authority by the State Corpprati~ Commission in axordaacc with the provisions of Section 13.1-124$ of the Act. The governing body of each participating political won s6ai1 appoint the nunsbar of mcmbe~, who may be members of the governing body, set forth opposite its nam+s below: County of Raanolae -four City of Roanoke -two AUG-06-1996 14 22 CITY CLERK'S OFFICE 703 224 3145 P. 11 DRAFT RES. i~OR ARTICLES OF AMENDMENT 5-23-96 PAGE 5 Town of Vinton -one It being the intention of these Articles that the governing body of the County of Roanoke shall always appoint a majority of the members, whenever an additional political subdivision shall join the Authority, such governing body shall be entitled to appoint one or more additional members in order to maintain such majority. Initially, the governing body of the County of Roanoke shall appoint one member far a four-year term, one member for athroe-yeaz term, and two members for atwo-year term. Initially, the governing body of the Cary of Roanoke sha11 appoint one member for afour-year term and one member for athree-year term. Initially, the governing body of the Town of Vinton shall appoint one member for a foeu-year term. After the initial terms, each member shall be appointed for afour-year team or until his successor is appointed and qualified. Any additional membera appointed by the County of Roanoke to maintain its majority pursuant to the foregoing paragraph shall also be appointee! -for four-year terms. The goverti.ag body of each political subdivision shall be anpowered t4 remove at any time, without cause, any membez appointed by it and appoint a successor member to fill the unexpired portion of the removed member's form. Each manbez may be reimbursod by the Authority for the amount of actual expenses incurred by blot in the performannce of his duties. - IV. The Articles of Ins~poratiext shall be amended by styrildng out ARTICLE N and substituting the following: 'The putpoae for which tt~e Authority is to be farmed is td exercise all the powers granted to the Authority b aAgtrir~, ~ ~ ~ maintaue a garbage and refuse RUG-06-1996 14 22 CITY CLERK'S OFFICE DRAFT RES. FOR ARTICLES OF AMENDMENT 5-23-96 PAGE 6 703 224 3145 P. 12 collation and disposal system and related facilities pursuant to the Act. For purposes of these Articles, and any contracts or documents enoered into on behalf of Authority, "garbage and refuse collection and disposal system and rebated facilities" shall mean collection and disposal of garbage and refuse at and through a transfer facility owned and operated by the Authority and the associated Landfill or disposal operations :'~~.'~~ °°: ~ ~.~., ~~~zto engage in or provide for irtdzvtdt~ residential x.w ~`~ ~' , .... ".'".; "'.. ,..',. ~" ~" : 'on activities ar services. The Authority shall contract with the County of R,oanoloe, the City of Roanoke, and the Town of Vint oo fiu'nish garbage and refuse ~~ and disposal setvixs upon identical terms and conditions including the same schedui< I`~ ~ ~~-~ rates, foes and c es of all which shall be uniforml licable to sw ~~ 7` ~ ~~~ y~ N • ~.~. subdivisions. Subject to the terms of the Use Agreement, the Authority may contrac~ ~ ~ ~` ~, political subdivisions to furnish garbage and trash disposal services upon such terms anc as the Authority shall determine. The Authority may contract W make host locality payments to Roanoloe County and ltoanoloe City o4 sate the County and City in consideration of location of facilities within their oomtnumitua. It is not practicable to set forth herein information regarding preliminary eati"mites of c;apits~l costs, proposals for specific projects to be undertaken, or initial rages for the proposed projects. v. ARTICLE V of the Articlt3 of Inc~rporatioa shall continue to read as follows: The Authority shall sea've the County of Roanoke, the City of Roanoke, the Town of Vinton and, to the extent permitted by tha Act and by the terms of these Articles and the Use Agtaea-ent, such other public or private entities as the Authority mary determine upon the terms AUG-06-1996 14 23 CYTY' CLERK'S OFFICE 763 224 3145 P. 13 DRAFT RES. FOR ARTICLES OF AMENDMENT 5-23-96 PAGE 7 and conditions established pursuant to such contracts. VI. ARTICLE VI of the Articles of Incorporation shall continue to read as follows: 'The Authority shall cause an arutual audit of its books and recaxds to be made by the State Auditor of Public Accounts or by an independent cerd,fied public accountant at the end of each fiscal year and a certified copy thereof to be filed promptly with the governing body of each of the incorporating political subdivisions. 4. A Dopy of the R+oenoke Valley Resource Auk Members Use Aunt is available for inspecxion in the Office of the Town Manager, Vinton Municipal Building, Office of the Clerk t0 the Board, Administration Center, nand Office Of the City Clerk, Roam 456, Municipal Building. 5. lfiis resolution shall taloe affect immediately upon its adoption. c: ~wrx »asav~mra~.~aaswww AUu-06-1996 14 24 CITY CLERK'S OFFICE 703 224 3145 P. 14 DRAFT AMENDMENT TO USE AGREEMEN'T' 5-~3-96 PAGE ! SECOND AMENDMF,N'I' TO ROANOKE vALLEY RESOURCE AUTHQRTTY ~'~~~~ USE AGREEMENT THIS SECOND AMENDMENT TO 1tOANOKE VALLEY RESOURCE AUTHORITY MEMBERS USE AGREEMENT (the "Second Amendment') is made as of 1996, by and among the ROANOKE VALLEY RESOURCE AUTHORI'T'Y, as successor ko the Roanoke County Resource Authority (the "Authority'), the COUNTY OF ROANOKE, VIRGINIA (the "County"), the CITY OF ROANaKE, VIItGINL~- (the "City") And the TOWN OF VINTON, VIRGINIA (the "Town"); each of which are political subdivisions of the Commonwealth of Virginia. RECITALS V~~REAS, the parties hereto enteral into the RaanoY,e Valley Resource Authority Members Use Agreement dated October Z3, 1991, as amended by Feat Amendment dated as of June 1, 1992, (the "Members Usa Agreement") under which the Authority agreed to acquire, construct and equip a regional waste disposal system g of a landfill and transfer station and relatod siivettnta aru3 equip~p~t (the "System"), cud, W provide financing therefor in order to dispose of all ttonharsurdons solid waste delivei~od to the System by or on behalf of the County, the Clty and the To°w~pr (colldarvely, the "Chatuer Members"). VAS, the Authas'ity and ttte Coaaty, City, cad Town desire to amend the Members Uso Agreement to permit the Authority to engage in or provide for commearcial and/or residential garbage and refuse collection activities or servicxa. AUG-06-1996 14 24 CITY CLERK'S OFFICE 703 224 3145 P. 15 DRA~"T AMENDM$NT TO USE AGREEMENT 5-23-96 PAGE 2 NOW, THERFF~01tE, in consideration of the foregoing, the Authority and the County, City, and Town, covenant and agree as follows: 1. ~ftaitia~os. The capitalir~ed terms in this Second Amendment have the meanings given to them in the Members Use Agreement unless otherwise defined. Z, A~~rsrnt of fi~rtirm 7.7 of Mwrrilxrs_Irc~ ~mr1+t_ SeCtiOn 2.2 of the MCII1berS Use Agreement is hereby amended by striking out current Section 2.2 in its entirety and substituting the following: Secxi~on 2.2 ' ' .The Authority and Users covenant and agree that excerpt as stated heron the terms, conditions and requirements contained in this Agreemant s6ari apply equaily to each Charter Member veer and furttile: covenant and agree that this Agreement, the Articles of Incorporation, and Bylaws, shall not be amended or changed in any way without the consent of Authority and the oonamt of the governing body of each Charter Member User. The patties hereto further covenant and agra that the Authority shall engage in the collection and disposal of garbage and refuse at and through the FaciliCy or other tzansfer faualities owt~d sad operated by the Authoaty, ~d that the Authority shall be authorized to engagR in or provide for ocmmacial andlor residential garbage and refuse collection activities or services. 3. Countrsparns. Thin Seoayd Amendment may be executed in any number of counterparts, each of whidt, when so exocuuted and de3ivered, will be an original, and the oounteiparts tart together wilt oa~ute one and the same instrument. 4, ~~e~,t-~t~„F~ra ~ty~ ,~~+~+~ F~ce~Cpt as expressly amended in this Second Aubaidmau, all terms and p~ro~visions of the Members Use Agreement, as amended, shall remain in full force and effect. AUG-06-1996 14 25 CITY CLERK'S OFFICE 703 224 3145 P. 16 DRAFT AMENDMENT TO USE AGR~ 5-23-96 PAGE 3 IN WTTNES$ WI~REOF, the parties have used this Seoo~~d Am~dsna~t to be execuud as of the date above written. . ROANOIiE VALLEY RESOURCE AU7I~OR~T'X ATTEST: By: Title: By: Date: Title: COUNTY OF ROANOI~E, VIItGIIdtA ATTEST: By: ' Title: By: Date: Title: CITY OF ROANOKE, VIItGIIVIA ATTEST: By: Title: By, .. Date: Title• TOWN OF YIIV'TON, vIItGAVIA ATTEST• By: T"ltle: $y: Date: Title: AUG-06-1996 14 25 CITY CLERK'S OFFICE To: Mary Allen Fes; 7722193 From: Gloria B. Deese 703 224 3145 P. 17 Date: August 6, 1996 Pages: fax From the desk of.. Gloria B. Deese Administrative Secretary Gty Clerk's ORice 215 Church Avenue, S. W., RAOm 456 Roanoke, Virginia 2441 I - 153b (540) 9$ 1.2541 Fax: (540) 224.3 145 17, including cover sheet. Per youx xequest.. TOTAL P. 17 PUBLIC NOTICE Please be advised that the Board of Supervisors of Roanoke County, Virginia, at its meeting on September 24, 1996, at the Roanoke County Administration Center at 5204 Bernard Drive, Roanoke, Virginia, at the evening session beginning at 7:00 p.m. will hold a public hearing on the following: ORDINANCE VACATING A PORTION OF THE SUBDIVISION PLAT FOR HUNTING HILLS, SECTION 3, OF RECORD IN PLAT BOOK 6 AT PAGE 63 TO REMOVE THE "WELL LOT" RESTRICTION PLACED ON TAX MAP N0.88.13-3-28. All members of the public interested in the matter set forth above may appear and be heard at the time and place aforesaid. A copy of the full text of the ordinance is on file and is available for public inspection in the office of the Clerk of the Board of Supervisors, whose office is located at 5204 Bernard Drive, Roanoke, Virginia. Paul M. Mahoney County Attorney -Roanoke County Publish on the following dates: 11 September ~Q; 1996 September 17, 1996 Send invoice to: Board of Supervisors P. O. Box 29800 Roanoke, VA 24018 s uuu ~ : >s D n-~ ~~3~~~ Attn: Ms. Mary Allen LEGAL NOTICE ROANOKE COUNTY BOARD OF SUPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, September 24, 1996, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Daniel Peters to rezone 1.11 acres from AR to I-1 to expand an existing custom manufacturing facility, located at 2056 Loch Haven Drive, Catawba Magisterial District. A copy of this application is available for inspection in the Department of Planning and Zoning, 5204 Bernard Drive, Roanoke, VA. Dated: September 5, 1996 ~ Mary H. Allen, Clerk Please publish in the Roanoke Times Tuesday, September 10, 1996 Tuesday, September 17, 1996 To be paid on delivery by: Daniel Peters 2056 Loch Haven Drive Roanoke, VA 24019 (540) 562-1675 SEND AFFIDAVIT OF PUBLICATION TO: ROANOKE COUNTY PLANNING DEPARTMENT P.O. BOX 29800, ROANOKE, VA 24018 Printed by Mary Allen / ADMO1 9/12/96 2:02pm --------------------------------------- From: Mary Allen / ADMO1Confirm receipt To: Agnes Engl / GISO1 Subject: September 24 agenda item --------------------------------------- ===NOTE________________________________ CC: Elmer Hodge / ADMO1 ....................................... Mr. Hodge would like Arnold to prepare a report on road improvements to Sagewood Circle. If he has questions, please ask him to contact ECH. Thanks. Page: 1 _~ John: Elmer said to have this prepared for the September 24 meeting. He would like the following changes: (1) Title should be "Request for authorization to retain a police department vehicle for ceremonial use." (2) Include under the Summary that this vehicle will be similar to the 1930's Seagrave Fire Truck used by Fire and Rescue for ceremonial activities. (3) Under Fiscal Impact: "Costs associated with the project will be minimal....etc." (4) Need Staff Recommendation: Staff recommends that the Board authorize the use of the retired police department vehicle for ceremonial use and that the vehicle not be included in the. police department allotment. of bars. Call if you have questions. ~ ~ _ Mary Allen 9/10/96 ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: 1996 ~//'» / ~~ ~ ~ AGENDA ITEM: Police Department ~2er~. ~,..~ nnrT*rmv an~a-r*rrcmoamnn~c r•n~rlG~umc .3S/3~ S ~.~r~V~ ~i i-~ ~"rct c...-~c...- G•ti••~ -ILC..ar--7c.,.,.t-.me..../ fit..,, 1 ~ ~y y Q SUMMARY OF INFORMATION : ,~ y ~ '"~° rV~ ~~~~ The Roanoke County Police Department began operations on ~ July 1, 1990 at 12:01 A.M. Many police officers proceeded to their ~ assigned areas in new 1990 Chevrolet patrol cruisers which were marked with distinctive colored striping, County seal, and agency lettering. The very first RCPD vehicle is still in service with the department but will be retired in the near future. The agency proposes to recondition the first Chevrolet delivered to the police department 'and utilize it for special projects and public display during County functions. The costs associated with this project will be minimal as vocational education students will complete the restoration as a school project. This automobile will not be utilized for agency operations. The reconditioned vehicle should not be counted against the police department's total allotment of cars. SUBMITTED BY: APPROVED: J. H. Cease Chief of Police Elmer C. Hodge, Jr. County Administrator ACTION Approved ( ) Denied { ) Received ( ) Referred To Motion by: i Eddy Harrison Johnson Minnix Nickens VOTE No Yes Abs 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 24, 1996 AGENDA ITEM: Request to retain a Police Department vehicle to be restored by vocational education students and used for special projects. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Roanoke County Police Department began operations on July 1, 1990 at 12:01 A.M. Many police officers proceeded to their assigned areas in new 1990 Chevrolet patrol cruisers which were marked with distinctive colored striping, County seal, and agency lettering. The very first RCPD vehicle is still in service with the department but will be retired in the near future. The department proposes to recondition the first Chevrolet delivered to the police department and utilize it for special projects and public display during County functions. This proposal is similar to the 1930's Seagrave Fire Truck used by the Fire and Rescue Department for ceremonial activities. This automobile will not be utilized for agency operations. The reconditioned vehicle should not be counted against the police department's total allotment of cars. FISCAL IMPACT• The costs associated with this project will be minimal as vocational education students will complete the restoration as a school project. GAFF RECOMMENDATION: Staff recommends that the Board authorize the use of the retired police department vehicle for ceremonial use and that the vehicle not be included in the police department allotment of cars. SUBMITTED BY: APPROVED: H. Cease Elmer C. Hodge, Jr. Chief of Police County Administrator Printed by Mary Allen / ADMOl 9/10/96 8:32am --------------------------------------- From: Mary Allen / ADMO1 To: Susie Owen / ADMO1 Subject: Board Report - 9/24 meeting --------------------------------------- ===NOTE________________________________ ECH would like the following report prepared for the September 24 meeting: Request for Funding for R.R. Donnelley (Phase II). Would you please tell Tim? thanks. Page: 1 Printed by Mary Allen / ADMO1 9/10/96 8:34am --------------------------------------- From: Mary Allen / ADMO1Confirm receipt To: Don Myers / ADMO1 Subject: Board Report - 9/24 --------------------------------------- ===NOTE________________________________ Elmer would like you to prepare a board report for the 9/24 meeting on the ISTEA Step 21 legislation. He will get with you closer to the meeting date, but wanted you to be aware of the report. ~~ ~, S O ~-~ SC.t ~ I~ o ~'~ Page: 1 j ~ Y MEMORANDUM TO: Members of the Board of Supervisors FROM: Elmer Hodge ~;~ -~ DATE: September 13, 1996 SUBJECT.• ISTEA Reauthorization -STEP 21 ------------------------------------------------------------- The Intermodal Surface Transportation Efficiency Act (ISTEA) authorizes funding for highway construction, highway safety and mass transit programs. It also allocates funds specifically for enhancement and safety programs with mandates to the states on how the money is to be spent. The act expires on September 30, 1997 and there are several schools of thought on how the act should be reauthorized. The U. S. Department of Transportation (USDOT) would like ISTEA to be reauthorized with only minor changes. A coalition of 22 member states and 15 active observers, called STEP 21 (Streamlined Surface Transportation Efficiency Program for the Twenty-First Century), is supporting a bill called the "ISTEA Integrity Restoration Act" (HR3775). This bill calls for significant changes including a revision of the funding formula, and a relaxation of the mandates to the states. Virginia is onY of the leaders in STEP 21. A third proposal would essentially scrap ISTEA and return almost all transportation authority to the states. State and local governments and agencies and the USDOT all seem to agree on the core principles of ISTEA. The areas of difference center on the role of USDOT. The regional planning and intergovernmental partnerships, fostered by ISTEA, are supported at all levels of government. The Secretary of the USDOT recently produced a policy statement regarding the reauthorization which indicates a desire for ISTEA II to be very similar to the original with a retention of strong Federal leadership. Conversely, Representative John Kasich and Senator Connie Mack recently introduced the Transportation Empowerment Act which would virtually end federal involvement in highway financing. It is generally felt that this legislation has no chance of passage. STEP 21 falls between these two extremes. STEP 21, which is currently in committee, guarantees at least a 95 percent return on each state's contribution from gasoline taxes to the Highway Trust Fund. Last year, Virginia received back 73 cents per dollar co;~tributed. Virginia is therefore considered a donor state. The majority of STEP 21 coalition members (19) are donor states. The Bill also modifies the surface transportation formula, block-granting funds to states with no strings attached. Clearly, under STEP 21, the Commonwealth would receive more highway funds, and Fred Altizer is convinced that our region would also receive more funds. However, the question is, on what types of projects would those funds be used. How would projects such as "rails to trails be affected?" ~. Without going into great detail regarding the content of the STEP 21 proposal, the issue can be stated as follows: There is general agreement that Virginia and our region will receive more money, but how will it be applied in terms of primary roads, secondary roads -and small projects such as Hanging Rack Rails to Trails. Or stated another way, who do we trust the most to treat us fairly -the Federal or State government? - ,; • '~, '_ I wanted to bring this to your attention before asking any action on your part. On balance, based on all we have heard, STEP 21 would probably be an improvement over the current legislation. Therefore, unless I hear from you to the contrary, I will include a Resolution of Support for the Bill in the next agenda. -, September 24, 1996 EXECUTIVE SESSION County staff requests the Board to adopt a motion to enter into executive session within the provisions of the Virginia Freedom of Information Act as follows: (a) to discuss the condemnation of real property for public utility purposes, water transmission line in accordance with Section 2.1-344.A.7. of the Code of Virginia, 1950, as amended. STATUS OF CLEARBROOK AREA EWER Y, ,n~ Aerial mapping for the project area was received during the week of Septcri~i;cr ord. tJ tiliry Department staff have begun preliminary analyses of the sewershed to develah anti t~v,~?~~:~te various options for sewer line routing and pump station location which will best serve both Clearbrook Elementary and the Route 220 corridor between the Blue Ridge Parkway and Suncrest Drive. It is anticipated that preliminary design layout for these optiofls will be developed in the next 3 to 4 weeks. A survey form is being prepared as a follow-up to the citizen petition for water service for the Clearbrook area. This survey will be mailed to all property owners in the proliased project area along the Route 220 corridor. The survey will attempt to determine the level of interest and willingness of property owners to participate in the funding of water and sewer utilities which will benefit their properry(s). It is anticipated that the survey will be mailed by September 20th. The results of the survey will assist in development, selection of route alternatives and phasing of construction of gravity sewer lines, force mains and sewage pumping stations. Submitted by Bob Benninger Roanoke County Utility Department September 12, 1996 ~~~~ ~~~. ~ A -, v~ w~,s Qti ,~~~ S Ye act •~ ~ ;~s ~n S~yvi1 R -a theQ~'`~~• ~ ~ yr ~ rc ~. ~ ~ r-c N SKg~ for Q ~e ~' n~ Pr_~ted by Mary Allen / ADMO1 9/12/96 1:59pm --------------------------------------- From: Mary Allen / ADMO1 To: Subject: Quarter Report on Clearbrook Sewer Gary Robertson / GUPO1 ===NOTE________________________________ CC: Elmer Hodge / ADMO1 ....................................... Elmer would like to prepare quarterly Status reports for the BOS agendas on the Clearbrook sewer project. If you have any questions, please get with him. Thanks Page: 1 OF ROANp,~.~ ~" Z Z J ;.. a 1838 PAUL M. MAHONEY COUNTY ATTORNEY (sao) 77z-zoo? OFFICE OF THE COUNTY ATTORNEY P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 FAX (540) 772-2089 July 16, 1996 Mr. Thomas Newcomb 350 Ingal Boulevard Salem, VA 24153 Mr. Tyler Moore 4919 Fawn Dell Road, SW Roanoke, VA 24104 JOSEPH B. OBENSHAIN SENIOR ASSISTANT COUNTY ATTORNEY VICKIE L. HUFFMAN ASSISTANT COUNTY ATTORNEY (SM)) 772.2071 RE: Vacation of a portion of subdivision plat for Hunting Hills, Section 3 Dear Mr. Newcomb and Mr. Moore: Upon the request of the residents of Fawn Dell Road and Mr. Newcomb, this letter is to confirm that the above-mentioned matter will be postponed until the September 24, 1996, meeting of the Board of Supervisors. Sincerely, ~'f~'~~ r~,~^L/~~r~~ Paul M. Mahoney County Attorney PMM/spb cc: Board of Supervisors ~~'~e:~I' f~~Ft ALL 6'C~A~t~ 1WE1~'f3~'l>~5: ® Recycled Paper Printed by Mary Allen / ADMO1 9/04/96 3:09pm From: Sue Patterson-Bane / ADMO1 To: Mary Allen / ADMO1 Subject: fwd: Hunting Hills Well Lot --------------------------------------- ===NOTE====------=====9/04/96==2:39pm== Did the Board continue this until 9/24/96 - do you have it down for that meeting? How was it left? They still have not resolved anything and we are trying to figure what to do next. PMM thinks we may have to readvertise the public hearing for 9/24/96. Fwd=by:=Mary=Allen=/___________________ Fwd to: Sue Patterson-Bane / ADM01 ....................................... Yes, it was continued to September 24, 1996. Yes, I believe we do have to readvertise. Page: 1 Printed by Mary Allen / ADM01 7/16/96 1O:41am --------------------------------------- From: Sue Patterson-Bane / ' ADMO1 CONFIRMED To: Mary Allen / ADMO1 Subject: Hunting Hills Well Lot --------------------------------------- ===NOTE====------=====7/15/96==4:52pm== This matter will be postponed until September 24 upon the request of the Residents of Fawn Dell Road and Thomas Necomb,the purchaser. PMM said you will still show it on the agenda. Thanks. Page: 1 ~ ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY,JULY 23, 1996 ORDINANCE VACATING A PORTION OF THE SUBDIVISION PLAT FOR HUNTING HILLS, SECTION 3, OF RECORD IN PLAT BOOK 6, PAGE 63 TO REMOVE THE "WELL LOT" RESTRICTION PLACED ON TAX MAP NO. 88.13-3-28 WHEREAS, Thomas Newcomb is the successful bidder to purchase a parcel of real estate from Roanoke County identified as Tax Map No. 88.13-3-28 pursuant to Ordinance 52395-12; and WHEREAS, Thomas Newcomb has requested the Board of Supervisors of Roanoke County, Virginia to vacate a portion of the subdivision plat of the Hunting Hills Subdivision, Section 3, of record in Plat Book 6, page 63 to remove the "well lot" restriction placed by said plat on that parcel of real estate identified as Tax Map No. 88.13- 3-28; and WHEREAS, Section 15.1-482 (b) of the 1950 Code of Virginia, as amended, requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by Section 15.1-431 of the 1950 Code of Virginia, as amended, and a first reading of this ordinance was held on May 14, 1996; and the second reading of this ordinance was held on May 28, 1996, and continued to July 23, 1996. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a portion of the subdivision plat of the Hunting Hills Subdivision, Section 3, of record in Plat Book 6, page 63 in the Cave Spring Magisterial District, restricting the use of that 1 r .. lot or parcel of real estate identified as Tax Map No. 88.13-3-28 only to a "well lot" be, and hereby is, vacated pursuant to Section 15.1-482 (b) of the 1950 Code of Virginia, as amended; and, 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. 3. That Thomas Newcomb shall record a certified copy of this ordinance with the Clerk of the Circuit Court and shall pay all fees required to accomplish this transaction and in addition, shall be responsible for all costs and expenses associated herewith. 4. That pursuant to § 15.1-485 of the 1950 Code of Virginia, as amended, the Circuit Court Clerk shall write in plain legible letters across the part of the plat vacated, the word "vacated" and also make a reference on the same to the volume and page in which the instrument of vacation is recorded. 5. That this ordinance shall be in full force and effect from and after its passage. agenda.vacation.lrliwellot.ord 2 ECH: RE: Tour of access road to Blue Ridge Parkway Joyce Waugh said everything is ready for the September 24 Board tour of the access road including transportation. The tour will start at around 1:15 to 1:30 and be back here in time for meeting. Have you told the Board members? You did not ask me to so I assumed you had already discussed with them. Mary A. 9/17/96 TO: ECH Bob Johnson Just wanted to let you know that Mike Murray, 985-8766 (work) and 366-5816 (home) has requested time on the September 24 agenda at 7:00 p.m. to speak on the Sink hole in Shadwell Dr. This is related to the private water system problem on Trevellian. Mr. Murray also would like to show a brief videotape. I told him he would probably only be allowed 3 to 5 minutes and he said he would keep his presentation within that time frame. Mary Allen 9/17/96 cc: Arnold Covey (I just talked with BLJ and he said to make sure you were there and prepared to respond.) Mary Hicks: At Agenda staff meeting, Elmer asked me to ask you to set up meetings (probably for tomorrow) with the following on their Board Reports: (1) Joe Sgroi -Employee Suggestion/Recognition program (2) Tim Gubala -Public Private partnership Policy (3) John Chambliss -Open Burning Ordinance (4) Paul Mahoney -Hunting Hills Well Lot He didn't say how long he wanted each meeting, so I can't help there. Mary 9/17/96 UPCOMING MEETINGS AND AGENDA ITEMS SEPTEMBER 24 Tour of Blue Ridge Parkway Access road (ECH and Joyce Waugh) Work Sessions - Funding of projects with Board Contingency Fund (Board Members) ~ - - Public/Private Partnership Policy (continued from 9/10) - Open Burning Ordinance (Continued from 9/10) -Recognition of CAFR Award New Business - ISTEA Step 21 Legislation - Retain PD vehicle for ceremonial activities - Funding for RR Donnelley-Phase II - Report on Employee Incentive Program - Road Improvements to Sagewood Circle Public Hearings - Amendments to Resource Authority Agreement - Hunting Hills Well Lot - Rezone property on Loch Haven Drive